NexStar Observer List
Software License Agreement

IMPORTANT -- READ CAREFULLY

BY CLICKING ON THE "YES" BUTTON AND DOWNLOADING A GRATUITOUS COPY OF NEXSTAR OBSERVER LIST ("SOFTWARE") AUTHORED BY MICHAEL W. SWANSON ("AUTHOR"), YOU ("LICENSEE") ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLOSE THIS WINDOW AND DO NOT DOWNLOAD THE SOFTWARE.

1. LICENSE GRANT: Subject to the terms of this Agreement, Author hereby grants Licensee a limited, personal, non-exclusive, nontransferable, nonsublicensable, royalty-free license to download and use the Software on any computer system owned by Licensee. Licensee may also maintain one archival copy for potential future installation on same or other qualified computer systems.

2. LIMITATIONS. Licensee may not, directly or indirectly: sell, rent or lease the Software or remove any proprietary notices or labels on the Software in order to hide the identity of the software in order to sell, rent or lease the Software. Licensee may provide copies of the Software to third parties, as long as Software is provided in its original form.

3. SOFTWARE SUPPORT AND MAINTENANCE: Author is not obligated to provide any support, maintenance, enhancements, new versions or updates to Licensee for the Software. However, any maintenance or updates provided by Author shall be covered by the terms of this Agreement.

4. DISCLAIMER OF WARRANTY: The parties acknowledge that Author is making Software available to Licensee gratuitously. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. LICENSEE TAKES FULL RESPONSIBILITY FOR ANY DAMAGES INCURRED TO EITHER COMPUTER OR TELESCOPE EQUIPMENT BY OPERATION OF THE SOFTWARE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTHOR FURTHER DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO LICENSEE AND LICENSEE MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. IN ANY CASE AUTHOR LIABILITY WILL NEVER EXCEED THE PURCHASE COST OF THE SOFTWARE ($0).

5. MISCELLANEOUS: This Agreement constitutes the complete and exclusive agreement between Author and Licensee with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified or waived except in writing, duly signed by Author and Licensee.