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Software is defined as the Remnant Radar mobile application and website known as “Remnant Radar” with which this Software License Agreement is included and any updates or maintenance releases thereto. This Agreement applies to all editions of the Software. Do not use the Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software from Remnant Radar to you, and installing and using the Software indicates that you have read and understand this Agreement and accept its terms and conditions.
All rights, title, and interests in the Software are exclusively owned by Remnant Radar. The Software is licensed to you for use strictly in accordance with the terms of this license and remains the property of Remnant Radar.
It is prohibited to give copies of the Software to any person who has not purchased the appropriate license for the Software from Remnant Radar, through the Apple App Store or Google Play store or to install the Software on computers and or devices used by individuals who have not purchased the appropriate licenses for the Software from Remnant Radar. The Software in its entirety is protected by the copyright laws. The Software also contains Remnant Radar trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form. You may not sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell for profit, or otherwise commercially distribute the Software.
This Agreement may be terminated by Remnant Radar immediately and without notice if you fail to comply with any term or condition of this Agreement. From time to time, Remnant Radar may change the terms and conditions of this Software License Agreement which shall be posted at www.remnantradar.com, or such other site designated by Remnant Radar. Your continued use of this Software will indicate your agreement to the change.
If you are not 100% satisfied with this Software, Remnant Radar’s entire liability and your exclusive remedy shall be the termination of the subscription and the cessation of charges for said subscription as defined and allowed by the Apple App Store and the Google Play App Store.
Except as provided above, this software is provided “AS-IS” and to the maximum extent permitted by applicable law. Remnant Radar disclaims all other representations and warranties, express or implied, regarding this software, including its fitness for a particular purpose, quality, security, merchantability, or non-infringement. Remnant Radar does not warrant that the software is free from bugs, viruses, errors or other program limitations.
The entire liability of Remnant Radar, for any reason, shall be limited to the amount paid by you for the use of the software. Remnant Radar will not be held liable for any indirect, special, incidental or consequential damages (including but botlimited to): damages for losses business, loss of profits or investment or the like, whether based on breach of contract, breach of warranty, tort, negligence, product liability or otherwise. Even if Remnant Radar has been advised of the possibility of such damages. The limitations of the damages set forth above are fundamental elements of the basis of the bargain between Remnant Radar and you. Remnant Radar would not be able to have provided this software without such limitations.
You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts.
This Agreement sets forth Remnant Radar’s entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Remnant Radar with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by New Jersey law, without reference to choice of law principles. This Agreement shall be construed as to its fair meaning and not strictly for or against either party.