End-User License Agreement

CyberSky 5 Astronomy Software for Windows

IMPORTANT—READ CAREFULLY: This End-User License Agreement (the “EULA”) is a legal agreement between you (either an individual or a single entity) and Stephen Michael Schimpf (the “Author”) for the software identified above, which includes any associated media, printed materials, and “online” or electronic documentation (the “Software”). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

1. GRANT OF LICENSE. The Author grants you the following rights, provided that you comply with all terms and conditions of this EULA:

a. TRIAL VERSION. You may use the trial version of the Software without charge on up to thirty (30) separate days to decide whether or not to purchase a license to use the full version of the Software. You must pay a license fee to continue to use the Software after the thirty (30) days or for any purpose other than evaluation. If you continue to use the Software after the thirty (30) days without paying a license fee, you will be using the Software on an unlicensed basis.

b. REDISTRIBUTION OF TRIAL VERSION. You may make copies of the trial version of the Software as you wish; give exact copies of the original trial version of the Software to anyone; and distribute the trial version of the Software in its unmodified form via electronic means. You may not charge any fee for the copy or use of the trial version of the Software itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the trial version of the Software. You must not represent in any way that you are selling the trial version of the Software itself. Your distribution of the trial version of the Software will not entitle you to any compensation from the Author.

c. FULL VERSION. After you have purchased a license to use the full version of the Software, you may use the full version of the Software on one or more computers you own, provided that under no circumstances is the full version of the Software used at the same time by more than the number of users for which you have paid a license fee. You may use the output of the full version of the Software only for non-commercial purposes. Such output includes, but is not limited to, map files, map images, and printed maps. You must clearly credit the Software as the source of any output that you display or distribute to the public. You may not use the output for any commercial purpose without the prior explicit permission of the Author. You may not duplicate the full version of the Software in whole or in part, except that you may make copies of the full version of the Software for backup or archival purposes.

2. RESERVATION OF RIGHTS AND OWNERSHIP. The Author reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. The Author owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of the Author.

3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

4. NO RENTAL. You may not rent, lease, or lend the Software.

5. ADDITIONAL SOFTWARE. This EULA applies to updates and supplements of the Software that the Author may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms.

6. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

7. SOFTWARE TRANSFER. You may make a one-time permanent transfer of the Software and all of your rights under this EULA to another end user, provided that you do not retain any copies of the Software. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.

8. TERMINATION. Without prejudice to any other rights, the Author may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

9. LIMITED MEDIA WARRANTY. If the Software has been delivered by the Author on physical media, the Author warrants the media to be free from material physical defects for a period of ninety (90) days after delivery by the Author. If such a defect is found, return the media to the Author for replacement or alternate delivery of the Software as the Author may select.

10. EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

11. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

12. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

13. APPLICABLE LAW. If you acquired the Software in the United States, this EULA is governed by the laws of the State of California. If you acquired the Software outside of the United States, then local laws may apply.

14. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and the Author relating to the Software and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.

Should you have any questions concerning this EULA, or if you desire to contact the Author for any reason, please write to stephen@cybersky.com.