» version 3.5 - posted on 2005-10-09
Graphing Analysis, Table Filtering, Lowrance/Eagle support
EULA - End User License Agreement
John Weston Licence Terms for FishInSight 3.5 for the purposes of this agreement known as
Do not use the software accompanying this Agreement (the 'Software') until you have carefully read
the following Agreement. Using the Software (or authorizing any other person to do so) indicates
your acceptance of the terms and conditions contained in this Agreement. If you do not agree with
the terms and conditions of this Agreement, remove the Software from your computer.
This Agreement sets forth the terms and conditions for licensing of the Software from
John Weston ('Licensor')
The Registered Licence and Certain Restrictions
You are granted a non-exclusive licence to use each registered copy of this Software only on
a single computer and a single terminal. The Software (including any images, icons, graphics,
animations, video, audio, music, and text incorporated into the Software) is protected by copyright laws.
You may not give registered versions of this software to another person, or duplicate the Software
by any other means, including electronic transmission. The Software contains trade secrets,
and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise
reduce the Software to human-perceivable form. You may not modify, adapt, translate, rent, sublicence,
assign, lease, loan, resell for profit, distribute, or network the Software, or related materials or create
derivative works based upon the Software or any part thereof.
THIS SOFTWARE IS PROVIDED 'AS-IS', AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE,
REGARDING THE SOFTWARE, AND RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A
PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT.
THIS SOFTWARE IS NOT INTENDED AS A NAVIGATIONAL AID.
Licensor has no control over your use of the Software. Licensor does not and cannot warrant the
performance or results that may be obtained by its use. Licensor does not represent, warrant,
or guarantee the accuracy and timeliness of the data contained in the Software and Licensor shall
have no liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies
in or untimeliness of the data, or for any delay in reporting such data contained in the Software.
Various information in the Software constantly changes, and the information in the Software is only
as of a particular date. Licensor does not warrant that the operation of the Software will be
uninterrupted or error free. Licensor is not responsible for problems caused by accident, abuse,
mishandling, alteration, or improper use. Licensor does not warrant or guarantee the suitability of the
Software or that it will meet your requirements.
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS WILL
NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE. LICENSOR'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME COUNTRIES
DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limitations of damages set forth above fundamental elements of the bases of the bargain between
Licensor and you. Licensor would not be able to provide this product on an economic basis without such
You acknowledge that, in providing you with the Software, Licensor has relied upon your agreement to
be bound by the terms of this Agreement. You further acknowledge that you have read, understood, and
agreed to be bound by the terms of this Agreement, and hereby reaffirm your acceptance of those terms.
You further acknowledge that this Agreement constitutes the complete statement of the agreement
between you and Licensor, and that the Agreement does not include any other prior or contemporaneous
promises, representations, or descriptions regarding the Software. This Agreement is not, however to
limit any rights that Licensor may have under trade secret, copyright, patent, or other laws that may be
available to it. The agents, employees, distributors, and dealers of Licensor are not authorized to make
modifications to this Agreement, or to make any additional representations, commitments, or warranties
binding on Licensor. Accordingly, additional statements such as dealer or other advertising or
presentations, whether oral or written, do not constitute representations or warranties by Licensor and
should not be relied upon. This Agreement may be modified only in writing. If any provision of this
Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the
remaining provisions will continue in full force and effect. The validity and performance of this Agreement
shall be governed by Australian law (without reference to choice of law principles), except as to
copyright and trademark matters, which are covered by Australia laws. This Agreement is deemed
entered into at Victoria, Australia, and jurisdiction for resolution of any disputes shall reside solely in
Victoria, Australia. This Agreement shall be construed as to its fair meaning and not strictly for or against