IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Epic Ham Radio Software LLC ("Licensor") for the Epic Ham Software Suite software product(s), which includes computer software and may include associated media, printed materials, and electronic documentation (collectively, the "Software").

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE.

1. GRANT OF LICENSE

Subject to the terms and conditions of this EULA, Licensor grants you a non-exclusive, non-transferable license to:

  • Install and use the Software on computer systems you own or control for your personal amateur radio operations;
  • Use the Software during the trial period without payment;
  • Continue using the Software after the trial period expires upon payment of the applicable license fee.

2. OWNERSHIP AND INTELLECTUAL PROPERTY

The Software is proprietary and confidential. Licensor retains all right, title, and interest in and to the Software, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights therein. The Software is licensed, not sold. This EULA grants you no rights to trademarks or service marks of Licensor.

3. RESTRICTIONS

You may NOT:

  • Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, except to the extent such restriction is expressly prohibited by applicable law;
  • Copy the Software except for a single backup copy for archival purposes;
  • Rent, lease, loan, sublicense, or transfer the Software to any third party;
  • Remove or alter any copyright, trademark, or other proprietary notices from the Software;
  • Use the Software for any purpose other than personal amateur radio operations;
  • Distribute, publish, or otherwise make the Software available to others.

ANY ATTEMPT TO REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE THE SOFTWARE SHALL RESULT IN IMMEDIATE TERMINATION OF THIS LICENSE.

4. THIRD-PARTY COMPONENTS

The Software includes the Hamlib library (libhamlib-4.dll), which is licensed under the GNU Lesser General Public License version 2.1 (LGPL v2.1). The Hamlib library is used as a dynamic link library (DLL) and is distributed separately. You may obtain the source code for Hamlib at https://github.com/Hamlib/Hamlib.

The inclusion of GPL/LGPL licensed components does not grant you any rights to the proprietary portions of the Software beyond those explicitly stated in this EULA.

5. TRIAL PERIOD

The Software may be used without payment for a limited trial period. Upon expiration of the trial period, you must either:

  • Purchase a license to continue using the Software; or
  • Cease all use of the Software and uninstall it from your systems.

6. SUPPORT SERVICES

Licensor may provide technical support services ("Support") at its discretion. Licensed users receive one (1) year of Support from the date of initial purchase. Support may be renewed for an additional fee after the initial period expires. Support is provided "as is" and Licensor makes no guarantees regarding response time or issue resolution.

7. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. TERMINATION

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Licensor if you fail to comply with any term(s) of this EULA. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software.

10. GOVERNING LAW

This EULA shall be governed by and construed in accordance with the laws of the State of Oklahoma in the United States, without regard to its conflict of law provisions.

11. ENTIRE AGREEMENT

This EULA constitutes the entire agreement between you and Licensor concerning the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software.

12. SEVERABILITY

If any provision of this EULA is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.


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