National Hex Planning and Analysis Broadband Toolkit License Agreement User Guide
- June 12, 2024
- National Hex
Table of Contents
END USER LICENSE AGREEMENT
IMPORTANT INFORMATION PLEASE READ CAREFULLY
The herein contained License Agreement (“License” or “EULA”) shall be
considered a legally binding agreement between You (as an individual or an
entity, who then shall, within the constraints of this agreement, be referred
to as “You” or “Your”) and Signals Analytics LLC (“Author”), the owner of
BroadbandToolkit.com and CBRSToolkit.com, for the use of the specified
software application of the National Hex Toolkit, in any of its several
versions (“Toolkit”), which may include related printed material, media and
any other components and/or software modules, including but not limited to
required drivers (“Product”). Other aspects of the Product may also include,
but are not limited to, software updates and any upgrades necessary that the
Author may supply to You or make available to You, or that You could obtain
after the initial copy of the Product, and as such that said items are not
accompanied by a separate license agreement or terms of use.
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE
OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED
TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS
OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT
INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE PRODUCT.
This Product is hereby protected by copyright laws, as well as any other
intellectual property laws. This Product is licensed and not sold.
LICENSE GRANT
The Author shall grant to you a non-exclusive license for the use and installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software upgrades provided by the Author that would replace, over write and/or supplement the original installed version of the Product, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.
TERMINATION
Should you breach this EULA at any time, your right to the use of the Product will then immediately terminate and shall terminate without any notice being given. However, all provisions of this EULA, with the exception of the License Grant, will remain in effect and thus shall survive termination. Upon termination of the License Grant, You MUST destroy any and all copies of the Product.
COPYRIGHT
The aforementioned Product is protected by copyright and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material, with the exception that it is allowable for you to make copies as provided by the License. However, printed material, which may accompany any offered content, may not be copied.
RESTRICTIONS ON USE
As a Licensee, You may not:
(a) Make use of the offered content on more than five computers in one office
location (hence a site license) at a time, without prior purchase of
additional licenses;
(b) If You are a government user then multiple levels of government (e.g.
federal/state, state/county, county/town) may not share the Toolkit without a
separate license for each government organization;
(c) You may not share, distribute, lend, lease, sublicense or otherwise make
available, in any manner whatsoever, to any third party the offered content;
(d) Modify, adapt, create derivative works from or translate any part of the
offered content other than what may be used within Your work in accordance
with this License;
(e) Reverse engineer, decompile or disassemble the offered content, nor
attempt to locate or obtain its source code;
(f) Attempt to alter or remove any trademark, copyright or other proprietary
notice contained within the offered content; or
(g) Make use of any offered content in any manner not stipulated within this
EULA or the documentation accompanying the offered content.
(h) You must use streamed content in accordance with the end user license
agreement of the content provider.
Significant exceptions:
(a) If your employer has a “work-from-home” policy in place then your home
shall be considered part of your office location;
(b) If you purchased the software to provide consulting services to a single
client you may include client computers among the five computers if the client
is part of an integrated team that includes the consultant, as long as those
client computers belong to a single client in a single client office location;
(c) If you purchased the software to provide consulting services (including
grant applications for organizations other than your own) to multiple clients
you must purchase a separate client license for each client who will benefit
from the Toolkit. In this case the “client” is the business, not the
individual or the computing device;
(d) If data is used to build a business model calculated numerical results
from the Toolkit and images (screenshots) may be broadly distributed, as long
as each numerical result is a mathematical calculation involving multiple
numbers from the Toolkit (e.g. the sum or average of a parameter over several
small areas) and as long as the intent is not to distribute the underlying
data as a collection of data;
(e) You may download data from one or more of the original government sources
(most likely in a less accessible format) and use the data as you wish,
subject to any restrictions of the provider of that data;
UPDATES
The Author may find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of the Author to make conditional releases of said upgrade to you upon your acceptance of another EULA or execution of another separate agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement.
DISCLAIMER OF WARRANTY
With regard and with relationship to the maximum extent permitted by applicable law, the Author, and, if applicable, related suppliers, shall provide the Product and any support services, if needed, related to the Product, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the Product, and the provision of or failure to provide Support Services. FURTHERMORE, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARDS TO THE HEREIN CONTAINED PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REST WITH YOU.
LIMITATION OF LIABILITY AND REMEDIES
In spite of any damages that you may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of the Author and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by you for this Product. Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.
EXPORT CONTROLS
By using the Product, you hereby agree that you will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination, in any group specified in the current “Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations).”
U.S. GOVERNMENT END USERS
The offered content is licensed by the U.S. Government with RESTRICTED RIGHTS.
The use, duplication of, or the disclosure by the U.S. Government, shall be
subject to restrictions in accordance with DFARS 252.227-7013 of the Technical
Data and Computer Software clause, and 48 DCR 52.227-19 of the Commercial
Computer Software clause, as applicable.
MISCELLANEOUS
This EULA, in its entirety, shall be legally binding upon and inure to the benefit of the Author and you, our respective successors and permitted assigns. Should any of this provision be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this EULA. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only be effective when done so in writing and signed off by the Author and you. This EULA shall be governed solely by the laws of the State of California and of the United States. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate federal or state court in San Francisco, California, and as such, you and the Author irrevocably consent to the jurisdiction of said court and venue for San Francisco, California.
References
Read User Manual Online (PDF format)
Read User Manual Online (PDF format) >>