MaxQData, LLC
Windows Desktop and Windows Mobile Software
END USER LICENSE AGREEMENT
NOTICE:  THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MAXQDATA, LLC.  YOU MUST READ AND ACCEPT ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT IN ORDER TO BE LICENSED TO USE THE ACCOMPANYING SOFTWARE.  USAGE OF ANY COMPONENT OF THE ACCOMPANYING SOFTWARE, OR INSTALLATION OF THE ACCOMPANYING SOFTWARE ON A COMPUTER, OR DOWNLOADING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF AND BINDS YOU TO ALL THE TERMS OF THIS AGREEMENT.  READ THIS AGREEMENT CAREFULLY.  IF YOU ARE NOT WILLING TO ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR INSTALL OR USE THE SOFTWARE.
This MaxQData, LLC ("MaxQData") End User License Agreement ("EULA") covers the accompanying software products and related written materials and images, including but not limited to Chart, Flight, gCal, Setup, Codes, MQGPS-Tracker Manager, sensor drivers, related .DLLs, and other related software and documentation (collectively, "Software"), designed to work with related MaxQData hardware products or compatible products from third parties ("Hardware").  This End User License Agreement also covers upgrades, patches, bug fixes, or documentation or utility software, related to said software product or written materials or images, that are distributed without an accompanying EULA.  You must agree to use any Hardware according to all terms and conditions in this EULA in order be licensed to use the Software.
1. Intellectual Property
MaxQData owns intellectual property rights in the Software and Hardware, including but not limited to Copyright, Patent, Look and Feel, Trade Dress, Trademark, and Trade Secret rights.  These rights are protected by U.S. and international laws and treaties.  You agree not to violate these intellectual property rights.  You agree not to copy the Software except as explicitly allowed herein.  You agree not to reverse engineer the Software or Hardware, including data file formats and APIs.
2. Terms and Fees
You are not licensed until you have accepted all the terms and conditions of this EULA and paid the appropriate license and/or purchase fees for the Software and/or Hardware to MaxQData or its authorized distributor or reseller.
3. Installation
In the absence of a separate specific license agreement superseding this section, you are permitted to install the Software on an unlimited number of computers, as long as you own, lease, or rent each computer.  You may be required to purchase unlock or registration codes for each separate installation.  You are not permitted to install the Software on computers you do not own, lease, or rent, except when you are acting as an agent of the owner and the owner is licensed under this EULA.  You must remove the Software before the computer on which it is installed passes from your control.
4. Use
You are permitted to use the Software and Hardware so long as your use of the Software and Hardware does not violate any laws, including but not limited to traffic laws and noise ordinances.  You are permitted to use the Software and Hardware only when exercising due caution, when using appropriate safety equipment, and under circumstances that present no unusual or unexpected risk to life, limb, or property.  Usage and licensing restrictions mentioned elsewhere in this EULA supersede the provisions of this section.
5. Third Party Use
You agree that third-party use of any Software licensed to you shall be on a short-term basis (e.g. for a racing event; for a demonstration; for instructional purposes; where the scope of use is limited in duration to a racing event or less and the Software returns to your possession and control afterwards) and only when you are present and aware of that party's actions.  Refer to section "Indemnification" for other relevant terms and conditions.
6. Suggestions
You grant MaxQData a fully-paid-up, perpetual, unrestricted, transferrable, irrevocable license to any recommendations, improvements, new product ideas, designs, copyrighted material, or patentable methods you transmit to MaxQData or post on any forum or Wiki owned or managed by MaxQData, whether solicited or unsolicited, for use in its present or future products, services, or business methods.
7. Data
You grant MaxQData a fully-paid-up, perpetual, unrestricted, transferrable, irrevocable license to any flight recordings, data files, telemetry data, images, video, or debug logs (collectively "Data"), related to or deriving from your use of the Software or Hardware, which you transmit to MaxQData, or post on any forum or Wiki owned or managed by MaxQData, whether solicited or unsolicited.
8. Indemnification
You agree to indemnify and hold harmless MaxQData for any claim against it regarding all: a) injuries or damages occurring during or resulting from your use of the Hardware and/or the Software, and b) injuries or damages occurring during or resulting from third party use of Hardware owned by you and/or Software licensed to you.  You agree this indemnification shall hold if your use of the Hardware and/or Software is not properly licensed or is in violation of other terms of this EULA.  You agree this indemnification shall hold under any circumstances and in any place including but not limited to injuries or damages occurring while racing, while on public or private roads or property, while on a body of water or while airborne, and even when such injuries or damages are claimed or proven to have resulted from correct, incorrect, unexpected, distracting, or erroneous operation or inoperation of the Software or Hardware, and even when such injuries or damages were foreseeable or not foreseeable by you or by MaxQData, and even when an agent of MaxQData was present at the time of the injuries or damages, and even when an agent of MaxQData was in control of or co-driving or riding with the vehicle used at the time of the injuries or damages.  You agree to indemnify and hold harmless MaxQData for any claim against it by you or by third parties for intellectual property you transmitted to MaxQData covered by section "Suggestions" or section "Data".
9. Disclaimer of Warranties
MaxQData provides the Software and Hardware AS IS AND WITH ALL FAULTS. MAXQDATA MAKES NO WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, ACCURACY, SAFETY, LACK OF NEGLIGENCE, LACK OF WORKMANLIKE EFFORT, OR FITNESS FOR ANY PARTICULAR PURPOSE.  IN NO EVENT WILL MAXQDATA BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, TOWING CHARGES, RACING DAMAGES, EMISSIONS-RELATED FAILURES OR VIOLATIONS, OR TRAFFIC TICKETS, EVEN IF A MAXQDATA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE BY MAXQDATA, OR FOR ANY CLAIM BY ANY THIRD PARTY.  THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE, ITS PERFORMANCE, SIDE EFFECTS, AND FORSEEN OR UNFORSEEN CONSEQUENCES OF USE, REMAINS WITH YOU. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
10. Disclaimer of Accuracy and Reliability and Usage Restrictions
THE ACCURACY OF THE MEASUREMENTS AND ESTIMATES PRODUCED BY THE SOFTWARE AND HARDWARE IS NOT GUARANTEED.  YOU ARE NOT LICENSED TO USE THE SOFTWARE OR HARDWARE IN SITUATIONS WHERE INACCURATE MEASUREMENTS OR ESTIMATES COULD RESULT IN INJURIES OR DAMAGES TO ANY PARTY OR VIOLATIONS OF THE LAW.  THE RELIABILITY OF THE SOFTWARE AND HARDWARE IS NOT GUARANTEED.  YOU ARE NOT LICENSED TO USE THE SOFTWARE OR HARDWARE IN SITUATIONS WHERE FAILURE OF THE SOFTWARE OR HARDWARE COULD RESULT IN INJURIES OR DAMAGES TO ANY PARTY OR VIOLATIONS OF THE LAW.  YOU ARE NOT LICENSED TO USE THE SOFTWARE OR HARDWARE IN ANY LIFE SUPPORT OR SAFETY SYSTEM.  YOU ARE NOT LICENSED TO USE THE SOFTWARE OR HARDWARE TO CONTROL A MOVING VEHICLE.  YOU ARE NOT LICENSED TO USE THE SOFTWARE OR HARDWARE IN ANY SITUATION OR UNDER ANY CIRCUMSTANCES WHERE THE SOFTWARE OR HARDWARE OR MEASUREMENTS AND ESTIMATES GENERATED BY THEM IS USED, IN WHOLE OR IN PART, AS A SUBSTITUTE FOR HUMAN JUDGMENT OR HUMAN ACTION.  YOU ARE NOT LICENSED TO USE THE SOFTWARE OR HARDWARE IN ANY SITUATION OR UNDER ANY CIRCUMSTANCES WHERE THE USE OF THE SOFTWARE OR HARDWARE, EVEN IF ACCURACY AND RELIABILITY ARE NOT AT ISSUE, COULD RESULT IN INJURIES OR DAMAGES TO ANY PARTY OR VIOLATIONS OF THE LAW.
11. Termination
Termination is automatic at the time you violate any of the provisions in this EULA.  MaxQData may terminate this EULA at any time with or without cause, and with or without refunding any license fees.  You may terminate this EULA at any time, with or without cause, by destroying all copies of the Software and notifying MaxQData.  In the event of termination, you agree to destroy all copies of the Software.  The provisions of section "Intellectual Property", section "Suggestions", section "Data", section "Indemnification", section "Disclaimer of Warranties", and section "Governing Law" shall survive termination.
12. Governing Law
This EULA is governed by the laws of the State of Washington.
13. Version, Supersession, Other Provisions
This EULA is version 5, revised February 28, 2009, and supersedes all previous EULAs upon installation or download of any accompanying Software.  If any provision of this EULA shall be held to be invalid, unenforceable, or void, the remainder of this EULA shall remain in full force and effect.