Software License Agreement for ASTi Systems


Software under this agreement includes ASTi runtime and development environments, modeling and configuration abilities, and additional software features, packages, and libraries licensed, purchased, or provided for use with your licensed ASTi System. The term "ASTi System" refers to computer systems purchased from ASTi, ASTi approved customer platforms, or ASTi provided Virtual Machine instances.

General Statement

The ASTi software, as described above, and accompanying documentation (respectively "Software" and "Documentation") are protected by the copyright law of the United States and International copyright treaties. In addition, the possession and use of the Software and accompanying Documentation, as well as any upgrades provided by ASTi, are subject to the restrictions contained in this agreement.

This document shall be covered by and governed in accordance with the laws of the Commonwealth of Virginia.

There are two elements to the software provided:

(1) The operating system software including drivers, tools, and other operating system software components.

This software is governed by the licensing terms of the operating system provider and variations of the open source license agreement. Operating system provider licensing terms are included on the installation DVD at:

/mirrors/*/EULA

Where * is the operating system name, and installed on the system at:

/usr/share/doc/*/EULA

Where * is the operating system name.


A complete list of each package included and corresponding copyright and license agreements can also be found on the System in the following sub-directories:

/usr/share/doc/*/copyright

Where * represents the name of the individual package.

Note that the user is responsible for obtaining appropriate operating system licensing registration and support from the operating system provider as applicable.

(2) ASTi proprietary software.

This software is ASTi proprietary and subject to the terms of this software license agreement.

License Uses and Restrictions

ASTi grants Purchaser use of the ASTi Software solely on the computer system on which the Software is purchased or provided. In certain cases, ASTi may grant written approval for use of ASTi Software on customer-provided computer systems. For Virtual Machine applications, the customer is granted use of Software in one Virtual Machine instance.

ASTi's Software is not intended for use as a primary communications mechanism in operational platforms such as aircraft, air traffic control, or other systems where failure could result in injury, death, or severe physical or environmental damage.

License Rights of Customer to ASTi Software and Documentation

Customer shall only use the ASTi Software with the computer system or systems on which they are originally licensed. For Virtual Machine applications, the term "computer system" refers to a single Virtual Machine instance. Each such system is hereinafter called the "Designated Computer System" or "DCS."

Customer may re-designate the license to an authorized spare supplied by ASTi providing that for the duration of such re-designation, the original DCS is removed from operational service for the purposes of repair.

The User may make copies of the Licensed Software in machine-readable or printed form, for backup purposes, in support of the use of the Licensed Software to any backup equipment for the purposes of maintaining a backup capability.

Customer may duplicate the licensed documentation to any extent required for any legitimate use associated with operation of the ASTi equipment, including training of customer personnel.

If the Licensed Software or Documentation contains copyright or other proprietary notices, Customer shall reproduce the notices on all copies.

Unless otherwise indicated in the Contract, Customer's License with respect to the Licensed Software shall be perpetual, subject only to the termination provisions set out in the Contract.

All above license rights are transferable by Customer to a third party along with transfer of the title to the DCS. Third party shall then become "Customer" for the purposes of this license agreement.

Ownership and Consent to Use

Ownership of and title to the Software and Documentation (including any adaptations or copies) shall be held by ASTi and/or its licensors. Copies are provided to Purchaser only to allow exercise of Purchaser rights under this agreement.

Transfer of System Software

ASTi grants Purchaser full rights to transfer ownership of software in conjunction with its Designated Computing System to any U.S. Government or authorized third party. All software license rights granted herein are transferred with the ownership of the Designated Computer System to the new owner. Note that where transfer involves export out of the United States, such transfers may be subject to U.S. EAR and ITAR export control restrictions. See Export Control statement below.

Spare Restrictions

For a Designated Computer System purchased for use as a dedicated spare in support of an identified set of fielded systems, the user is granted the limited right to pre-install a copy of the Software on the spare system. Operation of the spare system is allowed only under the condition that a fully licensed (non-spare) system has been removed from service for non-operation or faults preventing full use of the system. Under these conditions, a temporary transfer of the license from the non-operational system to the operational spare is in effect. Any use of the spare in an operational sense other than that identified above will be considered a violation of the software license and will require the purchase of a fully operational set of software and licenses. The only permissible exception is to allow for limited, periodic validation testing of the spare system's functional status.

Media Warranty

ASTi warrants the physical media of ASTi Software provided against physical defects for a period of 90 days from receipt. The sole remedy for defective media is replacement.

Version and Capability Updates

Additional software acquired separately or as an upgrade is also governed by the terms of this agreement. If a software update completely replaces (full install) a previously licensed version, customers cannot run both versions of the software at the same time, nor may they transfer use of previous versions to other platforms.

Protection of Software

Purchaser agrees to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. Purchaser may not translate, reverse translate, decompile or disassemble the Software.

Termination

This license agreement is effective until terminated and will terminate automatically, without notice, from ASTi if Purchaser fails to comply with any provision of this license. Upon termination, Purchaser shall destroy the Software and Documentation, including archival copies, if any exist.

U.S. Government Restricted Rights

Use, duplication, or disclosure by the United States Government is allowed, subject to restrictions set forth in the applicable FAR and DFAR regulations for COTS software and hardware products. Contractor/Manufacturer is ASTi, 500A Huntmar Park Drive, Herndon, Virginia 20170.

Export Control

Purchaser and/or user hereby represent and warrant they understand that the Software and Documentation, including any additional components, libraries, or other capabilities provided, may be subject to export controls under the U.S. Commerce Department's Export Administration Regulations (EAR) and/or U.S. Department of State and International Traffic in Arms Regulations (ITAR).

Purchaser agrees and understands that they are responsible for complying with all U.S. Export Laws, Controls, Agreements, and Regulations and will not knowingly, directly, or indirectly export, re-export, transfer, or transmit any part of the Software or Documentation to a non-U.S. country, prohibited destination, person, or entity, or for use in connection with a prohibited or restricted end-use, without obtaining the appropriate written authorizations and/or licensing as applicable.

Warranty Disclaimer

ASTi makes no warranty, representation, or promise not expressly set forth in this limited warranty. ASTi disclaims and excludes any and all implied warranties of merchantability, title, and fitness for a particular purpose. ASTi does not warrant that the ASTi Software and Documentation are without defect or error, or that the operation of the Software will be uninterrupted.

Limitation on Liability

ASTI's aggregate liability, arising from or relating to Purchaser's use of ASTi Software and associated Documentation, is limited to the total of all payments made by or for Purchaser for the ASTi Software and Documentation. Neither ASTi nor any of its licensors, employees, or agents is responsible for lost profits or revenue, loss of use of software, loss of data, costs of recreating lost data, the cost of any substitute equipment or program.

Note: Some states do not allow limitations on how long an implied warranty lasts. Also, some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation(s) may not apply to Purchaser. This warranty gives Purchaser specific legal rights, which vary from state to state.