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1. License. OnTrajectory.com, or its assigns ("OnTrajectory"), subject to the conditions contained herein, grants you a non-exclusive ‘license’ to use OnTrajectory.com ("OnTrajectory" or “software”) immediately upon your payment. OnTrajectory is copyright protected and its use is subject to all terms and conditions outlined in this license agreement.
2. Restrictions. This License allows the Licensee to exercise the rights granted herein and must be retained by Licensee. Licensee may not distribute, sell, rent, lease or otherwise transfer any part of the Software to any other person or entity. The Software contains OnTrajectory’s copyrighted material, trade secrets and other proprietary material. Licensee shall not, without prior written permission from OnTrajectory, remove or permit anyone else to remove protections in place at the time of receipt from OnTrajectory or otherwise decompile, reverse engineer, disassemble or otherwise reveal the proprietary information normally hidden from the users’ view, or to create derivative works based upon the Software in whole or in part. Any and all information obtained during such unlawful activities, including but not limited to, the organization, logic, algorithms and processes of the Software, shall be deemed to be confidential and proprietary information of OnTrajectory.
This License grants the licensee use enhancements or updates to the Software for as long as the license subscription is current and has not expired. Thereafter, enhancements and updates, if available, may be obtained by Licensee at OnTrajectory’s then-current standard pricing, terms, and conditions.
3. Technical Support. OnTrajectory may, at its sole discretion, provide updates to the Software. Upgrades to the Software may be sold separately.
4. Disclaimer of Warranty. Licensee acknowledges and agrees that the use of the Software is at Licensee's sole risk. The Software and any included guidelines for use are provided "AS IS" and without warranty of any kind. Nothing contained within the Software shall be construed as professional advice. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION THERETO, THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ONTRAJECTORY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE FREE OF ERRORS. ONTRAJECTORY SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR FOR ANY REASON, OR FOR COMMERCIAL LOSSES OF ANY CAUSE, WHETHER OR NOT ONTRAJECTORY HAS RECEIVED NOTICE OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES OR LOSSES. CONSEQUENTIAL DAMAGES INCLUDE ANY LOSS OF INFORMATION, LOSSES ATTRIBUTABLE TO INACCURATE INFORMATION, DAMAGE TO COMPUTER OR MONITOR, LOSS OF PROFITS, BUSINESS INTERRUPTIONS AND ANY OTHER MONETARY LOSS.
5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ONTRAJECTORY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ONTRAJECTORY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall ONTRAJECTORY’S total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by Licensee for the Software.
6. No Waiver or Assignment. This License may not be assigned, sublicensed or otherwise transferred by the Licensee, by operation of law or otherwise, without OnTrajectory’s prior written consent.
7. U.S. Government Restricted Rights: The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is OnTrajectory.
8. Export Controls. Licensee may not export the Software or its technology except in full compliance with all United States regulations and laws. The Software or technology may not be exported to a national or resident from Cuba, Haiti, Iran, Iraq, Libya, North Korea, Syria, or any other country subject to a United States embargo.
9. Termination. This agreement may be terminated immediately by either party in the event of default by the other party.
10. General. This Agreement represents the only statement of the terms relative to this license between the parties and supersedes any previous agreements or representations. This Agreement may be amended at any time and can be viewed at https://www.ontrajectory.com/terms.html. ONTRAJECTORY IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, RECEIPT, ACCEPTANCE, CONFIRMATION, CORRESPONDENCE, OR OTHERWISE UNLESS ONTRAJECTORY SPECIFICALLY AGREES TO THE PROVISION IN WRITING. If any section of this Agreement is held to be unenforceable for any reason, the section shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by United States law.