The Alert Eagle® and Weather Eagle® equipment is operated by and interfaces with sophisticated software that is under a constant state of improvement and development. This area is provided for Thunder Eagle® customers to download the latest versions of software and firmware. The use of this area, software and firmware is subject to agreement to the following License terms:
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE. BY DOWNLOADING THIS SOFTWARE 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 DOWNLOAD.
1. License. The software, firmware and any documentation which you will receive by downloading this software are licensed, not sold, to you by Thunder Eagle, Inc. (hereinafter “Thunder Eagle”) or its creator, if any. Thunder Eagle and/or the creator of the software, the licensor(s), retain title to the software and any copies which this License authorizes you to make and therefore any such copies remain subject to this License. This License grants no right or license under any trademarks, service marks, or trade names of Thunder Eagle.
2. Permitted Uses and Restrictions. This License allows you to copy, install and use the Thunder Eagle Software on an unlimited number of Thunder Eagle products under your direct control. You may transfer your rights under this License provided you transfer this License and a copy of the Thunder Eagle Software to a party who agrees to accept the terms of this License and destroy any other copies of the Thunder Eagle Software in your possession. Your rights under this License will terminate automatically without notice from Thunder Eagle if you fail to comply with any term(s) of this License. The Licenses of the creators of other works downloaded from this site govern the use of their software and those licenses are not modified by this License. You specifically agree NOT to reverse engineer, decompile, modify or otherwise create derivative works of any Thunder Eagle software.
3. Disclaimer Of Warranty. The Thunder Eagle Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Thunder Eagle Software is at your sole risk.
The Thunder Eagle Software is provided "AS-IS" and without warranty of any kind and Thunder Eagle EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. Thunder Eagle DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE THUNDER EAGLE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE THUNDER EAGLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE THUNDER EAGLE SOFTWARE WILL BE CORRECTED. FURTHERMORE, THUNDER EAGLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE THUNDER EAGLE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THUNDER EAGLE OR AN THUNDER EAGLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE THUNDER EAGLE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THUNDER EAGLE OR AN THUNDER EAGLE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THUNDER EAGLE PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THUNDER EAGLE'S NEGLIGENCE.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THUNDER EAGLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Thunder Eagle's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
5. Indemnification. You agree to indemnify and hold Thunder Eagle harmless from any and all damages, liabilities, costs and expenses (including but not limited to attorneys' fees and costs of suit) incurred by Thunder Eagle as a result of any claim, proceeding, and/or judgment to the extent it arises out of or is connected in any manner with the operation, use, distribution or modification of Modified Software, or the combination of Thunder Eagle Software or Modified Software with other programs; provided that Thunder Eagle notifies Licensee of any such claim or proceeding in writing, tenders to Licensee the opportunity to defend or settle such claim or proceeding at Licensee's expense, and cooperates with Licensee in defending or settling such claim or proceeding.
6. Export Law Assurances. You may not use or otherwise export or reexport the Thunder Eagle Software except as authorized by United States law and the laws of the jurisdiction in which the Thunder Eagle Software was obtained. In particular, but without limitation, the Thunder Eagle Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Thunder Eagle Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Government End Users. If the Thunder Eagle Software is supplied to the United States Government, the Thunder Eagle Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Thunder Eagle Software are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability. This License shall be governed by the laws of the United States and the Commonwealth of Virginia. 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.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Thunder Eagle 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 Thunder Eagle.
Where the Licensee is located in the province of Quebec, Canada, the following clause applies: The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.