Vesa Tervo OH3NWQ (collectively "OH3NWQ") Binary And Source Code License Agreement READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY INDICATE YOUR ACCEPTANCE OF THESE TERMS BY PROGRAMMING OR INSTALLING THE CODE INTO A RADIO DEVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, DELETE IT WITHOUT PROGRAMMING OR INSTALLING IT TO A RADIO. 1. License to Use. OH3NWQ grants to you a non-exclusive and non-transferable license for the internal use only of the accompanying source code, binary software and documentation and any error corrections provided by OH3NWQ (collectively "Software"). However, you have a right to distribute Software under following exemption: The new owner of the software must accept Agreement as a new licensee and must not pay, or give valuables, more than amount of 0.01 euro for Software. 2. Restrictions. Software may only be used for Licensed Radio Amateur use governed by Radio Amateur Regulations. Software is in public domain, but is copyrighted. You may make copies of Software only for your internal use provided that you reproduce all notices in and on Software, including this Agreement. You acknowledge that the Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. OH3NWQ disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo, or name of OH3NWQ or its licensors is granted under this Agreement. 3. Limited Warranty. OH3NWQ warrants to you that for a period of one (1) hour from the date of purchase from OH3NWQ, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and OH3NWQ's entire liability under this limited warranty will be at OH3NWQ's option to replace the Software or refund the fee paid directly to OH3NWQ for Software. 4. Disclaimer of Warranty. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 5. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL OH3NWQ OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF OH3NWQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will OH3NWQ's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software directly to OH3NWQ under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. 6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from OH3NWQ if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of Software. 7. Export Regulations. All Software and technical data delivered under this Agreement are subject to E.U. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 8. Governing Law. Any action related to this Agreement will be governed by law of Finland and controlling E.U. law. No choice of law rules of any jurisdiction will apply. 9. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission of the provision would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 10. Integration. This Agreement is the entire agreement between you and OH3NWQ relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. For inquiries please contact: Vesa Tervo OH3NWQ, Kuusim„enkatu 14, FIN-33560 Tampere, FINLAND