Latest update: 11 Nov 2014
* Changed to clarify user's ability to explicitly install on multiple devices owned by the user.
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and PYK Consulting for the PYKL3 Radar software package, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE WITHIN 15 MINUTES OF INITIAL PURCHASE. AFTER 15 MINUTES, YOUR SALE IS FINAL WITH NO GUARANTEE OF SUPPORT. Evaluate carefully.
1. GRANT OF LICENSE. PYK Consulting grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may install, use, access, display and run copies of this software on a any computer, such as a mobile, workstation, or other device ("Android based computer") that are owned by the purchaser and their immediate family which use the same login credentials in accordance with the policies of Amazon Mobile Applications or Google.
1.2 This program uses data from internet-based servers which is not under the control of PYK Consulting. The providers may choose to remove public support of radar products thus rendering this software unusable. PYK Consulting makes no assertion of implicit or explicit guaranteed support. In lay terms, as long as the data provider continues to support public release of information without change in format, all should be great. See section 6.
1.3 There is no guarantee of upgrades, new features, new products. The software is provided AS-IS for your use.
1.4 You are responsible for your own actions while using this software and assume all risks for doing so. You shall not use this software in any way which violates any law or statute. Exercise caution when using this software. PYK Consulting is not responsible for your actions. For example, if you happen to be involved in an accident, which kills you, while you are using the software, it is your own fault for not exercising good judgment. Using mobile devices while in motion can be deadly. Discern that usage carefully.
1.5 There is no guarantee that the software will run on your device, nor are any assertions of merchantability or fitness of purpose made. Put simply, if you have a use for the software, please use it. If it doesn't meet your needs, then don't.
1.6. This software shall not be used in conjunction with efforts to maintain safety of life and/or property. You shall not use this software in conjunction with life support (although I can't imagine why one would ever do this). E.g. you shall not bet your life, your house, your car, or your neighbor's barn on the software.
1.7 This End User License Agreement may be amended at any time without notice. By using the software, you agree to the latest version available which is available at http://www.pykl3radar.com/eula.php
1.8 THIS APPLICATION SHALL NOT BE USED WHILE OPERATING A MOTOR VEHICLE OR ANY SITUATION OR CIRCUMSTANCE WHERE SAFETY OF LIFE AND/OR PROPERTY IS AT RISK.
2. RESERVATION OF RIGHTS AND OWNERSHIP. PYK Consulting reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. PYK Consulting or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial services with the Software.
5. CONSENT TO USE OF DATA. You agree that PYK Consulting and its affiliates may collect and use technical and or personal information gathered as part of the product support services provided to you, if any, related to the Software. PYK Consulting may use this information solely to improve our products or to provide customized support, services or technologies to you and will not disclose this information in a form that personally identifies you. Information at this time collected may include, but not expressly limited to, degraded location information, your device type, gmail account, wireless provider, and your MSISDN. Any personally identifying data will not be sold, bartered, given to, or divulged in any form to any third party other than official request from law enforcment authorities. PYKL3 does permit application users to enter and store login information for optional third party data providers which is stored on your device. This information is not sent to any destination other than the appropriate provider as part of a login process and/or acquiring the data requested. Location information sent via optional SpotterNetwork position reporting is the most accurate available using the positioning method available. PYK Consulting has no control over how SpotterNetwork information is handled once it leaves the handset.
6. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of PYK Consulting, and PYK Consulting is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. PYK Consulting is not responsible for webcasting or any other form of transmission received from any third party sites. PYK Consulting is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by PYK Consulting of the third party site.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that PYK Consulting may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. PYK Consulting reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
8. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by PYK Consulting as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
9. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
13. SOFTWARE TRANSFER. The software is licensed to a single device and may not be transferred to another without acquisition of a software license for any subsequent device.
14. TERMINATION. Without prejudice to any other rights, PYK Consulting may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
15. WARRANTY. PYK Consulting offers NO WARRANTY with this software package. If you encounter a problem, you are encouraged to submit a software deficiency report to pykl3radar.com. However, there is no guarantee that action will be taken. There is no guarantee that the program will work on any current or future device and/or operating system version.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by PYK Consulting, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES.
16. DISCLAIMER OF WARRANTIES. PYK Consulting and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PYK CONSULTING OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, DEATH, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PYK CONSULTING OR ANY SUPPLIER, AND EVEN IF PYK CONSULTING OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of PYK Consulting and any of its suppliers under any provision of this EULA shall be limited to US$0.01.
19. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Texas.
20. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and PYK Consulting relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any PYK Consulting policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to the guarantee above, PYK Consulting disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. There exists no implied warranty.
Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the PYK Consulting Guarantee, PYK Consulting and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if PYK Consulting has been advised of the possibility of such damages. In any case PYK Consulting's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
Should you have any questions concerning this EULA, or if you desire to contact PYK Consulting for any reason, please contact PYK Consulting on the World Wide Web at
(c) Copyright PYK Consulting 2011. All rights reserved.
Visit http://pykl3radar.com
This product includes software developed by the
Apache Software Foundation http://apache.org/