finchtv

License Agreement


License Grant. Subject to the terms and conditions of this agreement, Geospiza grants the user "the 
Customer" a perpetual, nontransferable, nonexclusive license to use FinchTV "the Software". The 
Customer may not sell unauthorized copies of the Software without Geospiza's permission. This 
agreement does not obligate Geospiza to provide the Customer with updates or enhancements to the 
Software or future versions of the Software. 
                
Title. Geospiza retains ownership of all of Geospiza's existing copyright, trade secret, patent, 
trademark, and any other proprietary rights (collectively "Geospiza intellectual property rights") 
in and to the Software, including all modifications or improvements. Customer acknowledges that it 
receives only a license to use the Server and Software under this agreement.

Additional Restrictions. Customer will not modify or change the Software without Geospiza's prior 
written consent. Customer will not decompile, disassemble, or otherwise reverse engineer the 
Software. Customer agrees that it will not use, disclose, or otherwise communicate any information 
with respect to the Software that might reasonably be expected to enable copying of all or any 
portions of the Software. Customer agrees to take reasonable actions to prevent the disclosure to 
third parties of any information identified by Geospiza as Geospiza confidential or proprietary 
information.

Warranties, Limitation of Liability, and Indemnification. The Software will be delivered to the 
Customer "as is."  GEOSPIZA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES AS TO 
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Geospiza will not be liable for special, 
punitive, indirect, incidental or consequential damages under this agreement whether arising from 
contract or negligence. In no event will Geospiza's liability to Customer under any claim exceed 
the total amount paid to Geospiza by Customer under this agreement. No claim or action relating to 
this agreement may be instituted more than two (2) years after the event giving rise to such action 
or claim.
                
General Provisions. Washington state law will govern this agreement. A determination that any 
provision of this Agreement is invalid, illegal, or unenforceable will not affect the 
enforceability of any other provision. Neither party will be deemed an agent of the other party for 
any purpose and the relationship between the parties will only be that of independent contractors. 
Customer agrees that it will comply with all applicable United States export regulations. Customer 
further acknowledges that portions of the Software may have been developed using funding from the 
United States Government. This Agreement is subject to the limited rights granted to the Government 
in the funding agreement. Any Software supplied directly to the United States Government is 
classified as "restricted computer software" as defined by section 52.227-19 of the FAR and section 
252.227-7013 of the DFARS. All notices and other communications required under this agreement will 
be in writing and deemed to have been received when personally delivered or when deposited in the 
United States mail sent registered mail by first-class postage prepaid, addressed as set forth at 
the beginning of this agreement.