WildBlue Pulse: Quality Assessment and Diagnostic Tool
Program License Agreement
WildBlue Communications, Inc. ("WildBlue") is willing to license the software identified below to you only upon the condition that you accept all of the terms contained in this software license agreement ("Agreement"). Please read the Agreement carefully. By downloading or installing this software, you accept the terms of the Agreement. If you accept, please indicate your acceptance by selecting the "accept" button at the bottom of the Agreement. If you are not willing to be bound by all the terms, select the "decline" button at the bottom of the Agreement and the download or install process will not continue.
1. DEFINITIONS. "Program" means the WildBlue Pulse software application, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by WildBlue, and any user manuals, guides and other documentation provided to you by WildBlue under this Agreement. "You" and "your" refers to the individual or entity that has ordered the WildBlue services from WildBlue or an authorized distributor.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, WildBlue grants you a non-exclusive, non-transferable, limited license without license fees to install and use the Program complete and unmodified solely in connection with your WildBlue service. In addition, you may allow your members of your household to use the Program for this purpose, provided that you remain fully responsible for their use. Support in connection with the Program is provided based on WildBlue's current customer care policies for the Program at the time you seek assistance.
3. RESTRICTIONS. The Program is confidential and copyrighted. Title to Program and all associated intellectual property rights is retained by WildBlue and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Program. No right, title or interest in or to any trademark, service mark, logo or trade name of WildBlue or its licensors is granted under this Agreement.
4. AS IS. WildBlue provides the Program to you AS IS, without warranty of any kind. Your exclusive remedy and WildBlue's entire liability under this limited warranty will be at WildBlue's option to replace or repair the Program media, or provide a program for de-installing the Program.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WILDBLUE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF WILDBLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will WildBlue's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Program under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Program. This Agreement will terminate immediately without notice from WildBlue if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Program become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of Program.
8. EXPORT REGULATIONS. All Program and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and WildBlue that WildBlue owns the WILDBLUE and OUT OF THE BLUE and WILDBLUE-related trademarks, service marks, logos and other brand designations.
10. GOVERNING LAW. Any action related to this Agreement will be governed by Colorado law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
12. INTEGRATION. This Agreement is the entire agreement between you and WildBlue relating to license of the Program. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
13. INSTALLATION AND AUTO-UPDATE. The Program's installation and auto-update processes may transmit a limited amount of data to WildBlue (or its service provider) about those specific processes to help WildBlue understand and optimize them. WildBlue does not associate the data with personally identifiable information. In addition, WildBlue may use data generated by the Program that you send to WildBlue in aggregate or non-personally identifiable form. For inquiries please contact: WildBlue Communications, Inc., 5970 Greenwood Plaza Blvd., Suite 300, Greenwood Village, CO 80111.