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READ CAREFULLY
This License Agreement is a legal agreement between you (either an individual or a single entity) and Elecraft, Inc. for the Elecraft KX3 Utility software product identified, which may include associated software components, media, printed materials, and "online" or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
LICENSE
This Software may be freely used, copied and distributed in its original form as long as it is not sold, and all original files are included, including this license. You are NOT allowed to make a charge for distributing this Software (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, without explicit prior written permission from Elecraft, Inc. By using this Software, you agree to these terms and the terms of the Disclaimer below:
DISCLAIMER
THE SOFTWARE IS SUPPLIED "AS IS" AND ALL USE IS AT YOUR OWN RISK. ELECRAFT DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Some jurisdictions do not permit disclaimers of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL ELECRAFT BE LIABLE TO ANY USER FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF ELECRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT, THE SOFTWARE, OR USER'S USE OR MISUSE OF THE SOFTWARE OR ANY OTHER SERVICES PROVIDED BY ELECRAFT. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE ELECRAFT SOFTWARE OR ANY OTHER SERVICES SUPPLIED BY ELECRAFT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ERRORS OF THE SOFTWARE.
Some jurisdictions do not permit limitations of liability. In such jurisdictions, the foregoing limitations may not apply to you.
REVISIONS
Elecraft reserves the right to make software, firmware, and protocol revisions, without prior notice, that may render any particular version of this Software obsolete. New KX3 firmware versions may require that an updated version of this Software be installed prior to installing that new firmware version.
INTELLECTUAL PROPERTY
By accepting this Agreement, you acknowledge that Elecraft is the owner of all intellectual property rights in and to the Software including copyright, trademark, patent, trade secret and all other proprietary rights that exist throughout the world.
PROHIBITED CONDUCT
You represent and warrant that you will not violate any of the requirements of this Agreement and further represent and warrant that:
You will not, and will not permit others to, (i) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the Software, or (ii) copy or distribute the Software other than as expressly authorized by this Agreement.
You will not engage in use of the Software that will interfere with or damage the operation of the services of Elecraft or third parties by overburdening or disabling network resources through automated queries, excessive usage or similar conduct that exceeds the permitted personal, non-commercial use.
You will not sell the Software or charge others for use of the Software.
Elecraft (r) is a registered trademark of Elecraft, Inc.
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