BY PURCHASING,DOWNLOADING, AND/OR USING THE NIGHT SKY, THE NIGHT SKY FOR MAC, THE NIGHT SKY FOR ANDROID, THE NIGHT SKY LITE FOR ANDROID, THE NIGHT SKY FOR WINDOWS 8 OR THE NIGHT SKY LITE, YOU AGREE TO ALL THE TERMS OF THE AGREEMENT BELOW:
The Night Sky, The Night Sky for Mac, The Night Sky for Android, The Night Sky Lite for Android, The Night Sky for Windows 8 and The Night Sky Lite have been developed by iCandi Apps Limited which is referred to in this document as "iCandi Apps".
In this document YOU are referred to as the end-user and by downloading this app you agree to the terms and conditions set out by this license. The end-user must comply with applicable third party terms of agreement when using this application and you, the end-user agrees to this by downloading this application. This is a legal agreement between you and iCandi Apps Limited ("iCandi Apps") regarding your use of The Night Sky, The Night Sky for Mac, The Night Sky for Android, The Night Sky Lite for Android The Night Sky for Windows 8 and The Night Sky Lite software and all data or content that is assessed or utilised by The Night Sky, The Night Sky for Mac, The Night Sky for Android, The Night Sky Lite for Android, The Night Sky for Windows 8 and The Night Sky Lite software (collectively the "Software"). By installing or using the Software, you agree to be bound by the terms of this End-User License Agreement (this "EULA"). If you do not agree to the terms of this EULA, you are not entitled to use the Software and must uninstall the Software from any computers or devices on which it is installed.
iCandi Apps will not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities you may incur as a result of your use of this iCandi Apps Software.
Subject to the terms and conditions of this EULA, iCandi Apps grants you a non-exclusive, non-transferable, non-assignable license (without right of sublicense) to install and use one copy of the Software on a single iPhone, iPod touch, iPad personal mobile device that you own and control (the "Device"), and to maintain one backup copy of the Software on your personal computer, solely in machine executable object code form and solely for your personal use.
The Software and any related documentation are protected by England and Wales copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of iCandi Apps. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Software contains proprietary trade secrets of iCandi Apps and its licensors. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
The Software is licensed, and not sold, to you under this EULA. You have no ownership rights in the Software, Services or any related documentation. iCandi Apps, and its licensors retain all right, title and interest in and to all copies of the Software and Services (including changes, modifications, or corrections thereto) and any related documentation.
If you elect to provide or make available to iCandi Apps any suggestions, comments, ideas, improvements, or other feedback or materials related to any iCandi Apps product or otherwise (collectively, "Suggestions"), iCandi Apps will be free to use, disclose, reproduce, modify, license, transfer, and otherwise utilise and distribute your Suggestions in any manner. You will be entitled to no compensation or credit for, nor gain any right, title or interest in or to, any product of iCandi Apps that incorporates or otherwise is based on your Suggestions, including without limitation any upgrades or changes to the Software or Services.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND APPLICATION AND ANY SERVICES OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
iCandi Apps MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties. iCandi Apps makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Software.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
This EULA is effective until it is terminated. You may terminate this EULA at any time by destroying all copies of the Software and related documentation in your possession or under your control. This EULA will automatically terminate if you violate any of the terms of this EULA. Upon termination of this EULA, all license rights granted to you shall immediately terminate. However, all other provisions of this EULA shall survive such termination.
This License will be governed by and construed in accordance with the laws of the United Kingdom, as applied to agreements entered into and to be performed entirely within the United Kingdom between United Kingdom 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. 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.
This License constitutes the entire agreement between the parties with respect to the use of the 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 iCandi Apps. 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.
PUBLIC CODE ACKNOWLEDGEMENTS
Satellite tracking in this app uses the public source code for sgp4 from http://www.centerforspace.com/downloads/files/sgp4/AIAA-2006-6753Code.zip. this code is public domain, and the tutorials from Dr. T. S. Kelso show how to use it. (http://celestrak.com/columns/)
Sean Barrett's truetype and image loading code is used in this app.
Image loading support in this app is derived from Sean Barrett public domain code.
BSD LICENSING NOTICE
The Night Sky, The Night Sky for Mac, The Night Sky for Android, The Night Sky Lite for Android and The Night Sky Lite is closed source software.
Copyright (c) 2010 Cass Everitt.
All rights reserved.
Redistribution and use in binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.)