Terms and Conditions



1. USAGE GRANT. Atwood Systems, Inc. ("ASI"), directly or via business partners, grants you the use of ASI PRODUCTS. "You" means the company, entity or individual. "Use" means viewing, loading, installing, executing the PRODUCTS. Permission to use the PRODUCTS is not transferable, assignable or saleable. Each entity wishing to use the package must independently satisfy the terms of the this distribution license.

2. OWNERSHIP. The PRODUCTS are owned and copyrighted by ASI. Your use confers no title or ownership in the PRODUCTS and should not be construed as a sale of any right in the PRODUCTS.

3. COPYRIGHT. The PRODUCTS are protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the PRODUCTS is transferred to you. You further acknowledge that title and full ownership rights to the PRODUCTS will remain the exclusive property of ASI and you will not acquire any rights to the PRODUCTS except as expressly set forth in this license. You agree that any copies of the PRODUCTS will contain the same proprietary notices which appear on and in the PRODUCTS.

4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble any PRODUCTS in whole or in part.

5. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer any PRODUCTS. Any such unauthorized use shall result in immediate and automatic termination of usage agrement and it subjects user to momentary damages.

6. U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S. Government of the computer PRODUCTS and documentation in this package shall be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer PRODUCTS clause at DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987).

7. NO OTHER WARRANTIES. ASI does not warrant that products are error free. ASI disclaims all other warranties with respect to products, either express or implied.

8. LIMITED WARRANTY. This PRODUCT is provided on an "as is" basis. ASI disclaims all warranties relating to these PRODUCTS, whether express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Neither ASI nor anyone else who has been involved in the creation, production or delivery of these PRODUCTS shall be held liable for any indirect, consequential, or incidental damages arising out of the use or inability to use such PRODUCTS, even if ASI has been advised of the possibility of such damages or claims. The person using the PRODUCTS bears all risk as to the quality and performance of the PRODUCTS.

9. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall ASI or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the PRODUCTS, even if ASI has been advised of the possibility of such damages. In no event will ASI's liability for any claim, whether in contract, tort or other theory of liability, exceed the license fee paid by you, if any.

11. GOVERNING LAW. This agreement shall be governed by the laws of Wisconsin, excluding the application of its conflicts of law rules and shall inure to the benefit of ASI and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Madison, Wisconsin. The parties hereby consent to in personam jurisdiction of said courts.

12. ENTIRE AGREEMENT. This is the entire agreement between you and ASI, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

13. RESERVED RIGHTS. All rights not expressly granted here are reserved to ASI.