SDRplay
SDRplay Limited
END USER LICENCE AGREEMENT
The SDRplay software (âProductâ) you are about to install, run and/or use is licensed by
SDRplay Limited, a company registered in England (No. 09035244), whose registered office is 6
Thornes Office Park, Monkton Road WAKEFIELD WF2 7AN UK(âSDRplayâ), and is subject to the
following licence terms (âLicenceâ).
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this
License.
By proceeding to install, run and/or use the Product, you confirm that you accept and agree to be
bound by the terms of this Licence. If you do not agree to any of the terms of this Licence,
SDRplay is unwilling to provide access to the Product to you and you should not proceed further and
may not use the Product.
1. Licence To Use The Product.
1.1 Grant of Licence.
Subject to the terms and conditions of this License, SDRplay hereby grants to you a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to reproduce, publicly
display, publicly perform, create Derivative works, incorporate in other products sublicense, and
distribute the Product in Object form.
1.2 Restrictions. You may not: modify, disassemble, decompile or reverse engineer the
Product, except to the extent specifically authorised under applicable law notwithstanding
contractual prohibition
1.3. Redistribution. You may reproduce and distribute copies of the Product in any medium, without
modifications, in Object form, provided that you meet the following conditions:
1. You must give any other recipients of the Product or Derivative Works a copy of this License;
and
2. You must cause any modified files to carry prominent notices stating that You changed the
files; and
3. Any Derivative Works that You distribute must include a readable statement that the Copyright
in the Product is owned by and licensed by SDRplay. You may add Your own attribution notices within
Derivative Works that You distribute, alongside or as an addendum to the statement, provided that
such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or
different license terms and conditions for use, reproduction, or distribution of Your
modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and
distribution of the Work otherwise complies with the conditions stated in this License.
1.3 Open Source Software. The Product may contain code, commonly referred to as open
source software, which is distributed under any of the many known variations of open source licence
terms, including terms which allow the free distribution and modification of the relevant
softwareâs source code and/or which require all distributors to make such source code freely
available upon request, including any contributions or modifications made by such distributor
(collectively, âOpen Source Softwareâ). To the extent that the Product contains any Open Source
Software, that element only is licensed to you pursuant to the relevant licence terms of the
applicable third party licensor (âOpen Source Licence Termsâ) and not pursuant to this Licence,
and you accept and agree to be bound by such terms. A copy of the Open Source Licence Terms will be
made available upon request.
2. Confidentiality Obligations. You acknowledge that the Product contains confidential,
proprietary and trade secret information belonging to SDRplay and you agree to hold such
information, and any other confidential or proprietary information of SDRplay (collectively,
"Confidential Information") in strict confidence and agree not to disclose any Confidential
Information to any third party. You will have no obligation to maintain the confidentiality of any
information which: (a) is or becomes publicly available without breach of this Licence; (b) is
rightfully received by you from a third party without an obligation of confidentiality and without
breach of this Licence; (c) is required to be disclosed by law or regulation or by court order; or
(d) has been approved for release by written permission of SDRplay.
3. Ownership. You acknowledge and agree that SDRplay or its third party licensors
(including in particular Mirics Limited) own all rights, title and interest in and to the Product
and all modifications, enhancements and derivative works SDRplay may develop to or from the Product
and any and all intellectual property rights in all of the foregoing. You agree not to use any of
SDRplayâs or Miricsâ trademarks or other business names included in the Product for any
purpose. You acknowledge that, except as expressly set out in this Licence, nothing in this Licence
will give you rights in respect of any intellectual property rights owned by SDRplay or its
licensors. All intellectual property rights and other rights of SDRplay and its licensors which are
not expressly granted to you by this Licence are reserved.
4. Limited Warranty. SDRplay warrants that the Product will, under normal operating
conditions, operate substantially in accordance with SDRplayâ published specification for the
Product. SDRplay does not represent or warrant that: (a) the use of the Product will be secure,
timely, uninterrupted or error-free or compatible in combination with any other hardware, software,
system or data; (b) the Product will meet your expectations; (c) errors or defects in the Product
will be corrected; or that (d) the Product is free of viruses or other harmful components. SDRplay
makes no representation and gives no warranty in respect of any Open Source Software component of
the Product.
Except as expressly set out in this Licence, no implied conditions, warranties or other terms,
including any implied terms relating to satisfactory quality or fitness for any purpose, will apply
to the Product and, to the maximum extent permitted by applicable law, are excluded by SDRplay.
5. SDRplayâ Liability. Nothing in this Licence will limit or exclude SDRplayâ
liability to you: (a) for death or personal injury caused by SDRplayâ negligence; (b) for fraud;
(c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2
of the Supply of Goods and Services Act 1982; or (d) for any other liability that may not, under
applicable law, be limited or excluded. Subject to this, in no event will SDRplay be liable to you
for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data,
goodwill or other similar losses, and any liability SDRplay does have for losses you suffer arising
under or in connection with this Licence and/or the Product is strictly limited to losses that were
reasonably foreseeable.
6. Data. The Product may, without further notification, transmit the serial number of
an SDRplay device using the Product to an SDRplay server. No personal information, including but
not limited to information about the computer running the Product or its location will be gathered
or transmitted as part of this process.
7. General. You may not transfer or assign any or all of your rights and/or
obligations under this Licence. All notices given by you to SDRplay must be given in writing to
SDRplayâ registered office address. If SDRplay fails to enforce any of our rights, that does not
result in a waiver of that right. If any provision of these terms and conditions is found to be
unenforceable, all other provisions shall remain unaffected. The terms of this Licence may not be
varied except with SDRplayâ express written consent. The terms of this Licence represent the
entire agreement between you and SDRplay in relation to the subject matter of this Licence. The
terms of this Licence shall be governed by English law and you agree that any claim you may have
against SDRplay arising under or in connection with this Licence and/or the Product may only be
dealt with by the English courts, provided that, if you are a consumer: (a) and you live in a part
of the United Kingdom other than England, the applicable law of that part of the United Kingdom
will govern and any claim may be brought by you before the courts there; or (b) you live in another
member state of the European Union, any claim may be brought by you before the courts there.