This copy of the RT Systems software and accompanying documentation is licensed to you for your personal radio programming. The RT Systems software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. RT Systems, Inc or its subsidiaries, affiliates, and suppliers (collectively "RTS") own intellectual property rights in the RT Systems software. The Licensee's ("you" or "your") license to download, install and use the RT Systems software is subject to these rights and their restrictions and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance
By downloading the software product, or by installing and using the RT Systems software, you accept and agree to be bound by the terms of this Agreement You must agree to all of the terms of this agreement before you will be allowed to install the software product. If you do not agree to all of the terms of this agreement, do not install or use the RT Systems software and contact RT Systems for credit or return. Installed software cannot be returned or credited
License Grant
This Agreement entitles you to install and use the RT Systems software on your computers for your use. Those computers must each have an operating system that matches (Windows or Mac) that for which the RT Systems program was purchased. This Agreement does not permit multiple installations and use of the RT Systems software other than by you on your own computers that have an operating system that matches (Windows or Mac) that for which the RT Systems program was purchased, or the installation of the RT Systems software on computers with an operating system (Windows or Mac) that matches that for which the RT Systems software was purchased that allow shared users of applications, or on a multi-user network, or on any configuration or system of computers with an operating system (Windows or Mac) that matches that for which the RT Systems software was purchased that allows multiple users. Multiple copy use or installation is allowed only if an appropriate licensing agreement is obtained for each user and each copy of the RT Systems software.
In addition, you are allowed to make an archival copy of the installation files for the RT Systems software which may be used only for the reinstallation of the RT Systems software on a machine for your own use with a basic operating system (Windows or Mac) that matches that for which the RT Systems software was purchased.
For further information regarding multiple copy licensing of the Software Product, please contact:
RT Systems, Inc
267 S Davis Road
LaGrange, GA 30241
404-806-9561
Restrictions on Transfer
Without first obtaining express written consent from RT Systems, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the RT Systems software.
Restrictions on Use
You may install and use the RT Systems software on any system with more than one computer where each computer is for your personal use and those computers each have a basic operating system that matches (Windows or Mac) that for which the RT Systems software was purchased. You may not permit the installation and use of the RT Systems software by more than one user or on more than one computer in use by multiple users or by someone other than yourself. If you hold multiple, validly licensed copies, you may not install or use the RT Systems software on any system with more than the number of computers each with a basic operating system that matches (Windows or Mac) that for which the RT Systems software was purchased permitted by license, or permit the installation or use by more users, or on more computers than the number permitted by the license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the RT Systems software.
You may not use the database portion of the RT Systems software in connection with any software other than the RT Systems software.
Restrictions on Alteration
You may not modify the RT Systems software or create any derivative work of it or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the RT Systems software. You may not reproduce the database portion or create any tables or reports relating to the database portion for use in any application other than the RT Systems software.
Restrictions on Copying
You may not copy any part of the RT Systems software except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy of the installation files for use for future installation on a computer with a basic operating system (Windows or Mac) that matches that for which the RT Systems software was purchased and is for your personal use.
Limited Software Product Warranty
For a period of 360 days from the date of shipment or from the date that you download the Software Product, as applicable, RT Systems warrants that when properly installed and used under normal conditions, the RT Systems software will perform substantially as advertised. Proof of non-performance must be substantiated through e-mails and phone calls with RT Systems tech support before a warranty claim is initiated.
Disclaimer of Warranties and Limitation of Liability
Unless otherwise explicitly agreed to in writing by RT Systems, RT Systems makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this agreement. RT Systems makes no warranty that the RT Systems software will meet your requirements or operate under your specific conditions of use. RT Systems makes no warranty that operation of the RT System software will be secure, error free, or free from interruption. You must determine whether the RT System software sufficiently meets your requirements for security and uninterruptability. You bear sole responsibility and all liability for any loss incurred due to failure of the RT Systems software to meet your requirements. RT Systems will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.
Under no circumstances shall RT Systems, its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of the RT Systems software, whether due to a breach of contract, breach of warranty, or the negligence of RT Systems or any other party associated with RT Systems, even if RT Systems is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits RT Systems' ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
RT Systems programmers are designed to work with manufacturer's firmware or approved firmware upgrades. There is no guarantee, and a great deal of doubt, that the programmer will work with a radio that has been upgraded with a firmware version that is not from the manufacturer. RT Systems takes no responsibility for changes made to such a modifed radio during programming. Claims for credit of non-performance of the software with a given radio will require that the customer present the radio to RT Systems (at the customer's expense for shipping)for testing. If at that time it is found that the radio is a factory model, all efforts will be made to correct the software and if such corrections are not possible, a refund or credit will be available to the customer.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the RT Systems software. Selection of whether to correct or replace shall be solely at the discretion of RT Systems. RT Systems reserves the right to substitute a functionally equivalent copy of the RT Systems software as a replacement. If RT Systems is unable to provide a replacement or substitute RT Systems software product or corrections to the RT Systems software, your sole alternate remedy shall be a refund of the purchase price for the RT Systems software exclusive of any costs for shipping and handling and costs for a physical cable unless that cable is returned at your expense to RT Systems.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage to have been caused by you as determined by RT Systems. All limited warranties on the RT Systems software are granted only to you and are non-transferable. You agree to indemnify and hold RT Systems harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Any claim as to the performance or non-performance of a radio after programming must be substantiated with the programming file that was sent to the radio just prior to the alleged malfunction and presentation of the radio to RT Systems for verification of the malfunction if said malfunction is not evident in the radios available for our testing. Claims pertain to malfunctions that appear immediately after programming and are not to include those that arise at a future time while the radio is in use. All warranties cover only those defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage to have been caused by you as determined by RT Systems. All limited warranties on the RT Systems software are granted only to you and are non-transferable. You agree to indemnify and hold RT Systems harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Georgia, without regard to Georgia's conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.