Software License Agreement
You must read and agree to the following license agreement before using our software.
By launching the software or by entering a license key into the software, you are agreeing to these terms and conditions. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE AND MUST DESTROY OR RETURN ALL COPIES OF IT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED.

Warning: The software is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this software may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law.

I. GENERAL TERMS

The software ("EarthDesk", "Cinematica", and/or "Time Palette") is licensed, not sold, to you on a non-exclusive basis and is protected by the copyright laws of the United States and international treaty provisions. Rights to the software as well as the trademarks "Cinematica" and "Time Palette" and the registered trademark "EarthDesk" are owned by Xeric Design, Ltd.

You may not resell, rent, lease, sublicense or lend the software, nor may you modify, adapt, translate, attempt to reverse engineer or discover the internal workings of the software. You may transfer all of your rights to use the software to another person or legal entity provided that you transfer this agreement, the software, including all copies, updates, prior versions, and all documentation to such person or entity and that you retain no copies, including copies stored on a computer.

The software and related documentation are provided "AS IS" without warranty of any kind expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. You agree to independently verify all data produced by the software. Under no circumstances shall the developer be liable for any incidental, special or consequential damages that result from the use or inability to use the software or related documentation, even if the developer has been advised of the possibility of such damages. In no event shall the total liability of Xeric Design, Ltd. and its suppliers exceed the actual amount paid for the product or service.

You may store the software on no more than two computers for each seat of your license, while at no time shall more copies than you have licensed be operating simultaneously.

Cloud images and other real time data are not provided by a source under the control of Xeric Design, Ltd. Content, accuracy, availability and timeliness are not guaranteed. We do not own or operate satellites or other devices used to obtain real time data. Your data subscription fee covers only hosting and distribution by Xeric Design, Ltd. The software uses a list of URLs which are believed to point at current cloud images and other real-time data. However, as these reside on servers outside the control of Xeric Design, Ltd, under no circumstances shall the developer be held responsible for their content.

Images generated by EarthDesk and/or Time Palette are copyrighted and any commercial use of them requires permission of Xeric Design, Ltd. You may freely use map images on your website, provided that immediately below the image, you provide a link to www.xericdesign.com and the phrase "Map image generated with EarthDesk (or Time Palette)."

II. ADDITIONAL SMALL BUSINESS / CLASSROOM LICENSE TERMS

Under this agreement, a "Small Business" is defined as a single location with up to 12 computers. A "Classroom" is defined as a single location with up to 24 computers used for educational purposes.

III. ADDITIONAL SITE LICENSE TERMS

Under this agreement, a "Site" is defined as a geographical location encompassing all points within a 100-mile radius of a central location. You may store and use the software on an unlimited number of computers within a single company or institution at one Site. You may store and use the software on an unlimited number of portable computers anywhere in the world within the same single company or institution as long as the principal place of operation of the computers is within the Site.

IV. ADDITIONAL WORLDWIDE LICENSE TERMS

You may store and use the software on an unlimited number of computers within a single company, organization or institution at all locations throughout the world.

V. REVOCATION OF LICENSE

Your license key is issued for your own private use only and may not be publicly disclosed or distributed in any way. In the event your license key is made publicly available, the developer reserves the right to take action so that your license key will no longer work with the software. The developer further reserves the right to disable license keys in the event of refunds, non-payment, license transfers or any similar situation.

VI. COPYRIGHT

Copyright © 1992-2017, Xeric Design, Ltd. All Rights Reserved Worldwide. These programs include routines from Astronomical Algorithms Software, Copyright © 1991-92 by Jeffrey Sax which is an option to the book Astronomical Algorithms by Jean Meeus. Copyright © 1991 by Willmann-Bell, Inc. ISBN 0-943396-35-2. Non-exclusive use has been specifically granted, in writing, by Willmann-Bell, Inc. for use in these programs Serial No. 22959.