PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING YOUR RADIAN DEVICE OR DOWNLOADING THE APPLICATION FOR THE RADIAN DEVICE (“RADIAN APP”). BY USING YOUR RADIAN DEVICE OR DOWNLOADING THE RADIAN APP, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE RADIAN DEVICE OR DOWNLOAD THE RADIAN APP.
1. General.
(a) The software (including embedded software), documentation, interfaces, content, fonts and any data that came with your Radian Device and/or with the Radian App ("Original Radian Software"), as may be updated or replaced by feature enhancements, software updates, or system restore software provided by Alpine Labs ("Radian Software Updates"), whether in read only memory, on any other media or in any other form (the Original Radian Software and Radian Software Updates are collectively referred to as the “Radian Software") are licensed, not sold, to you by Alpine Labs LLC ("Alpine Labs") for use only under the terms of this License. Alpine Labs and its licensors retain ownership of the Radian Software itself and reserve all rights not expressly granted to you.
(b) Alpine Labs, at its discretion, may make available future Radian Software Updates for your Radian Device. The Radian Software Updates, if any, may not necessarily include all existing software features or new features that Alpine Labs releases for newer or other models of Radian Devices. The terms of this License will govern any Radian Software Updates provided by Alpine Labs that replace and/or supplement the Original Radian Software, unless such Radian Software Update is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Radian Software on a single Alpine Labs-branded Radian Device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and Alpine Labs, this License does not allow the Radian Software to exist on more than one Alpine Labs-branded Radian Device at a time, and you may not distribute or make the Radian Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Alpine Labs proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories or third-party software applications.
(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download Radian Software Updates that may be made available by Alpine Labs for your model of the Radian Device to update or restore the software on any such Radian Device that you own or control. This License does not allow you to update or restore any Radian Device that you do not control or own, and you may not distribute or make the Radian Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download a Radian Software Update to your computer, you may make one copy of the Radian Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.
(c) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Radian Software or any services provided by the Radian Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of any open-sourced components included with the Radian Software). Any attempt to do so is a violation of the rights of Alpine Labs and its licensors of the Radian Software.
(d) The Radian app may at some point store photos taken with your smartphone camera. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Radian Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
(e) You agree to use the Radian Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Radian Software.
3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the Radian Software. You may, however, make a one-time permanent transfer of all of your license rights to the Radian Software to another party in connection with the transfer of ownership of your Radian Device, provided that: (a) the transfer must include your Radian Device and all of the Radian Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Radian Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Radian Software reads and agrees to accept the terms and conditions of this License.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Alpine Labs if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Radian Software. Sections 4, 5, 6, 9 and 10 of this License shall survive any such termination.
5. Disclaimer of Warranties.
5.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE RADIAN SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RADIAN SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ALPINE LABS AND ALPINE LABS' LICENSORS (COLLECTIVELY REFERRED TO AS "ALPINE LABS" FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RADIAN SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
5.3 ALPINE LABS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE RADIAN SOFTWARE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE RADIAN SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE RADIAN SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE RADIAN SOFTWARE WILL BE CORRECTED, OR THAT THE RADIAN SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS, OR SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, OR SERVICES.
5.4 YOU FURTHER ACKNOWLEDGE THAT THE RADIAN SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE RADIAN SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
5.5 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALPINE LABS OR AN ALPINE LABS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE RADIAN SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
5.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ALPINE LABS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE RADIAN SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE RADIAN SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ALPINE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Alpine Labs' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred and fifty dollars (U.S.$150.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Export Control. You may not use or otherwise export or re-export the Radian Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Radian Software was obtained. In particular, but without limitation, the Radian Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Radian Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Radian Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of missiles, nuclear, chemical or biological weapons.
8. Government End Users. The Radian Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
9. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Alpine Labs relating to the Radian Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Alpine Labs. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
11. Third Party Acknowledgements. Portions of the Radian Software may utilize or include third-party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material are contained in the electronic documentation for the Radian Software, and your use of such material is governed by their respective terms.
12. Notices from Alpine Labs. If Alpine Labs needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.
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