Getrata Software License

Notice to User: This is a legally binding agreement between you (a.k.a. the “licensee”) and Getrata (a.k.a. the “licensor”). These terms apply to the main software deliverable and to any updates, supplements, and extensions that may be made to this software. Any written licensing agreement (e.g., volume-licensing) between Gretata, LLC, and the licensee shall supersede or supplement this license, as applicable.

By installing or using this software, or any portion thereof, you accept all terms and conditions of this agreement. If you do not agree with these terms, do not use the software.

1. Definitions

“Application” means a computer program that has been compiled, or otherwise translated, into machine-specific object-code or interpreted byte-code, which a user may execute on a computer.

“Computer” means a single machine, virtual or physical, with an instruction-driven processor running a single operating system. With respect to this license, separate (both concurrent and non-concurrent) operating systems on a single machine platform shall be considered different computers.

“Executable” means a compiled binary software package designed to be run as a stand-alone application on a computer.

“Purchase”, “Sale”, “Buy” mean the acquisition of a license-activation key in exchange for monetary compensation, not the transference of the copyrighted work from Getrata.

“Software” means the copyrighted work produced by Getrata, which this licensing agreement accompanies.

2. Installation and Usage

Getrata grants you non-exclusive license to install and use a single digital copy of the software on a single computer in a manner consistent with its design and documentation, and in accordance with the terms set forth herein.

2.1. Proof of License

The installation of the software on a computer, and the activation of the software by way of a licensing key shall each be considered proof of the licensee’s agreement to the terms of this license.

2.2. Limits of Use

2.2.1. Evaluation Period

The software may include an evaluation period in which the software may be used prior to purchase. You agree not to circumvent the evaluation limits. At the end of the evaluation period, you agree to either purchase an activation key or to discontinue use of the software.

2.2.2. Validation

The software may utilize a mechanism to verify that it is properly licensed, and that no unauthorized changes have been made to the validation, licensing, or activation functions of the software. You agree not to circumvent any validation mechanisms.

2.2.3. Reverse Engineering

You agree not to reverse engineer, decompile, or disassemble the software, except and only to the extent expressly permitted by law.

Further, you agree not to circumvent the source-code protection mechanisms, or otherwise attempt to gain access to the source-code.

2.2.4. Redistribution

You agree not to publish, rent, lease, lend, or sell the software, except as part of an executable product.

You agree not to package the software as part of a source-code distribution.

2.2.4.1. Compiled Applications

If you distribute a compiled application which incorporates the software, you may be subject to National Instruments’ General Purpose Software License (available at: http://www.ni.com/legal/license/)

3. Transferability

You agree not to directly transfer the software to a third party except as provided in section 2.2.4.

4. Legal

4.1. Applicable Law

Getrata is based in Albuquerque, New Mexico, USA. New Mexico state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of the conflict of laws’ principles. The laws of the state in which you live govern all other claims, including claims under state consumer protection, unfair competition, and civil laws.

If you live outside the United States, observe that you are doing business with an American company, and that laws of both the country in which you reside and of the United States of America may apply to this licensing agreement.

4.2. Legal Effect

This is a binding agreement which discusses certain legal rights. However, this license shall not change your rights, as prescribed by the state and/or country in which you reside.

4.3. Misuse of Software

You agree not to use the software, directly or indirectly, in any unlawful act.

You agree not to incorporate the software in any application designed for malicious, deceptive, or unlawful purposes.

4.4. Limitation and Exclusion of Damages

Getrata, shall be responsible for damages totaling no more than the cost of the software license (i.e., a full-refund of the purchase price). The licensee assumes all other risk, including, but not limited to, direct or incidental damages, or loss of profits, due to your use of the software.

This limitation applies to claims of breach of contract, breach of warranty, strict liability, negligence, or any civil action to the extent permitted by applicable law.

4.5. Liability

You agree to indemnify, hold harmless, and defend Getrata, against all claims, demands, lawsuits, liabilities, losses, damages, costs, and expenses that may arise or result from the use of the software or any derivative works.

4.6. Copyright

The software, and all copies thereof, are owned by Getrata, or its suppliers. The software are strictly licensed, not sold or leased. The software shall be treated like any other copyrighted work; you may make a single copy of the software and associated documentation solely for backup or archival purpose.

In no event shall you remove, conceal, or alter any copyright, trademark, patent, or other legal notices from the software. All rights granted to you by this licensing agreement are reserved to Getrata.

4.7. U.S. Government Rights

The software is a commercial item developed exclusively at private expense, as per Federal Acquisition Regulations definitions (FAR, Part 2, Subpart 101). If you are and agency, department, or other entity of the United States Government, be aware that the software is under commercial license with only those rights as are granted in this agreement.

You agree not to duplicate, disclose, or otherwise use the software in any way not expressly permitted in this agreement. You shall observe that Getrata, is not required to furnish technical data to you.

5. Warranty

5.1. Limited Warranty

Getrata warrants that the software, and associated updates, will perform substantially as described in documentation that accompanies the software, if properly installed, licensed, and activated.

5.2. Warranty Period

The limited warranty covers the software for a period of 90 days from license-activation. Updates to the software are covered for the remainder of the warranty or 30 days, whichever is longer.

To any extent permitted by law, any implied warranties, guarantees or conditions expire with the expiration of the limited warranty period.

5.3. Exclusions

This warranty does not cover acts beyond the reasonable control of Getrata.

This limited warranty is the only direct warranty provided by Getrata; Getrata gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Getrata exclude implied warranties of merchantability, fitness, and non-infringement. Any implied warranties, guarantees, or conditions afforded you by local laws shall be subject to the terms of this warranty to the extent permitted by law.

5.4. Remedy for Breach of Warranty

Getrata, will, at its discretion, either correct the software at no charge, or accept return of the product for refund of the amount paid.

5.5. Warranty Procedures

Visit http://www.getrata.com or contact Getrata for return policies.

5.6. Legal Effect

You may have additional consumer rights under your local laws. This warranty shall not abridge or modify your legal protections.