This Agreement is between Cobra Technologies, with offices at 301 W. Platt St., Suite 345, Tampa, FL 33606 (“Cobra”), and you, the person or entity downloading and/or using the Cobra Software. This Agreement sets forth terms and conditions applicable to your use of this Software.
Cobra grants you (an entity or a person) a non-exclusive right to download and use the Software, under the following conditions;
Except as expressly authorized by this Agreement, you may not alter, merge, modify or adapt the Software in any way including reverse engineering, disassembling or decompiling. You may not rent, lease or license the Software or any copy.
3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Software and user documentation are owned by Cobra or its suppliers and are protected by United States intellectual property laws (including patent, trademark and copyright laws), other applicable intellectual property laws, and international treaty provisions. Cobra retains all rights not expressly granted.
4. LIMITED WARRANTY
The Software is provided wholly “AS IS” without warranty, representation, promise or guarantee of any kind, either express or implied, statutory or otherwise, including warranties as to quality, performance, merchantability, or fitness for a particular purpose, or any warranty against infringement. Your use of the Software is entirely at your own risk. Except as specifically provided herein, Cobra makes no warranty, representation, promise or guarantee, either express or implied, statutory or otherwise, with respect to the Software, user documentation or related technical support, including their quality, performance, merchantability or fitness for a particular purpose.The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No Cobra dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
5. LIMITATION OF LIABILITY
Because software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies, and Cobra will not be responsible for your failure to do so. In no event will Cobra be liable for indirect, special, incidental, tort, economic, cover or consequential damages arising out of the use of or inability to use Cobra products or services, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data or computer programs, even if advised of the possibility of such damages. In no case shall Cobra’s liability for money damages exceed the amount paid by you for the Software out of which such claim arose. The foregoing limitations shall not apply to claims relating to death or personal injury which arise out of products deemed to be consumer goods under applicable law. Some states or provinces do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above exclusion or limitation may not apply to you.
6. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and/or user documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/Manufacturer is Cobra Technologies, 301 W. Platt St., Suite 345, Tampa, FL 33606. In the event the Government seeks to obtain the Software pursuant to standard commercial practice, this software agreement, instead of the noted regulatory clauses, shall control the terms of the Government’s license.
Should you have any questions concerning this Agreement or Cobra software use policies, call 1-800-921-8189.