Ubiquiti Networks, Inc.
Software End-User License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE UBIQUITI SOFTWARE.  BY USING THE UBIQUITI 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 USE THE SOFTWARE.  IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE UBIQUITI SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.  IF THE UBIQUITI SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".  FOR UBIQUITI SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.

 1. General. (a) The AirVision software and documentation and  accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Ubiquiti Software") are licensed, not sold, to you by Ubiquiti Networks, Inc. ("Ubiquiti") for use only under the terms of this License, and Ubiquiti reserves all rights not expressly granted to you.

(b)The term SOFTWARE or SOFTWARE PRODUCT does not include the software that is under the GNU General Public License or other free software licenses. The rights granted herein are limited to Ubiquiti's and its licensors' intellectual property rights in the Ubiquiti Software and do not include any other patents or intellectual property rights. The terms of this License will govern any software upgrades provided by Ubiquiti that replace and/or supplement the original Ubiquiti Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

(c)TRIAL, BETA or DEMO VERSION If the SOFWARE PRODUCT is authorized by Ubiquiti Networks Inc. as the Trial, Beta or Demo version, the Rights to the SOFTWARE cannot be transferred as described in Article 1  of this License Agreement. Ubiquiti Networks Inc. shall have no obligation to fix any defects, which arise from the use of Trial, Beta or Demo version program.

(d) Title and intellectual property rights in and to any content displayed by or accessed through the Ubiquiti Software belongs to the respective content owner.  Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content.  This License does not grant you any rights to use such content.

 2. Permitted License Uses and Restrictions.  This License allows you to install and use of the Ubiquiti Software on a multiple computers at a time. The Ubiquiti 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.  This License does allow the Ubiquiti Software to exist on more than one computer at a time provided the copy must include all copyright or other proprietary notices contained on the original.  Except as and only to the extent expressly permitted in this License or by applicable law, you may not duplicate, decompile, reverse engineer, disassemble, modify, or create derivative works of the Ubiquiti Software or any part thereof. THE UBIQUITI SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE UBIQUITI SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

 3. Transfer.  You may not distribute, rent, lease, lend or sub-license the Ubiquiti Software. You may, however, make a one-time permanent transfer of all of your license rights to the Ubiquiti Software to another party, provided that: (a) the transfer must include all of the Ubiquiti Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Ubiquiti Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Ubiquiti Software reads and agrees to accept the terms and conditions of this License. All components of the Ubiquiti Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.

 4. Termination.  This License is effective until terminated.  Your rights under this License will terminate automatically without notice from Ubiquiti 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 Ubiquiti Software and destroy all copies, full or partial, of the Ubiquiti Software.

 5. Limited Warranty on Media.  Ubiquiti warrants the media on which the Ubiquiti Software is recorded and delivered by Ubiquiti to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase.  Your exclusive remedy under this Section shall be, at Ubiquiti's option, a refund of the purchase price of the product containing the Ubiquiti Software or replacement of the Ubiquiti Software that is returned to Ubiquiti or an Ubiquiti authorized representative with a copy of the receipt.  THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

 6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE UBIQUITI SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE UBIQUITI SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND UBIQUITI AND UBIQUITI'S LICENSORS (COLLECTIVELY REFERRED TO AS "UBIQUITI" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE UBIQUITI SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  UBIQUITI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE UBIQUITI SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE UBIQUITI SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE UBIQUITI SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE UBIQUITI SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UBIQUITI OR AN UBIQUITI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.  SHOULD THE UBIQUITI SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  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.

 7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL UBIQUITI BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE UBIQUITI SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF UBIQUITI 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 Ubiquiti's 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 fifty dollars ($50.00).  The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 8. Export Law Assurances.  You may not use or otherwise export or reexport the Ubiquiti Software except as authorized by United States law and the laws of the jurisdiction in which the Ubiquiti Software was obtained.  In particular, but without limitation, the Ubiquiti Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria), 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 Ubiquiti 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.

 9. Government End Users. The Ubiquiti 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 reserved under the copyright laws of the United States.

 10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. 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 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.

 11. AirVision software uses libraries or modules that are based on Open Source software, their respective licenses are located within the istallation folder of AirVision.

 12. Complete Agreement; Governing Language.  This License constitutes the entire agreement between the parties with respect to the use of the Ubiquiti Software licensed hereunder 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 Ubiquiti. 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.
