Licence agreement

This agreement is between you and HamTEK Ltd ("HamTEK", "we"; our company details are on the contact page) and covers the ArcturusSDR software, its updates and its documentation (the "Software"). Buying a licence is covered by the terms of sale, and using the website by the website terms. By installing or using the Software you accept this agreement. If you do not accept it, do not install or use the Software.

1. The licence

The Software is licensed, not sold. When you start a trial or buy a licence, HamTEK grants you a non-exclusive, non-transferable right to install and use the Software on the number of computers your plan allows, for the term of your plan.

A trial licence may be used to evaluate the Software for its stated length. One trial is available per major version for each account and each computer.

Using the Software needs an arcturussdr.com account. A licence is set up on a computer by signing in, and only the account that set it up may use it there. The Software needs an internet connection to set up a licence and checks it online from time to time; between checks it runs without one.

2. Updates

Your licence covers the releases stated in your plan: either releases up to a major version, or releases made while your maintenance period lasts. Releases outside that cover need a renewal or an upgrade. Releases you already have keep working.

3. Beta and pre-release builds

Builds marked beta, preview or pre-release are supplied for testing before release. They may contain faults, may change or be withdrawn without notice, and are not sold. Nothing in this section removes rights the law gives you. Please report problems with them in the issue tracker.

4. What you may not do

You may not copy, sell, rent or sublicense the Software, or remove or get round its licence checks, except as this agreement or the law allows. You may not modify, decompile or reverse engineer it, except to the extent the law allows and except as section 5 permits.

5. Third-party and open-source components

The Software includes third-party components that are licensed to you under their own licences, listed with the full text of each in the Software (Help > Third-Party Licences) and in the Licenses folder installed with it. Nothing in this agreement limits the rights those licences give you, and where this agreement conflicts with one of them, that licence governs as to that component.

Some of those components (the Qt framework) are libraries licensed under the GNU Lesser General Public License (the "LGPL Libraries"). Notwithstanding any other term of this agreement, including section 4, you may modify the Software for your own use, including by modifying the LGPL Libraries contained in it or replacing them with modified versions, and you may reverse engineer the Software to the extent necessary to debug such modifications. HamTEK will provide the complete source code of the LGPL Libraries as described in the Software and on the source code offers page. HamTEK need not provide support for a copy of the Software that has been so modified.

6. Transmitting and receiving

The Software can control a radio transmitter. You are responsible for holding any licence needed to transmit, for keeping within its terms and the band plan where you operate, and for connecting and operating your radio, amplifier, antenna and other equipment safely and within their ratings. In many countries, including the UK, the law also limits what you may do with transmissions that are not meant for you.

7. Data

What the Software and the website collect, and why, is set out in the privacy notice.

8. Our responsibility to you

Nothing in this agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that the law does not let us limit or exclude.

If you are a consumer. The Software must be as described, fit for purpose and of satisfactory quality, and we must supply it with reasonable care and skill. If it is not, you have legal rights to a repair or replacement and, in some cases, to a price reduction or a refund. If the Software damages your device or other digital content because we failed to use reasonable care and skill, you have the right to have the damage repaired or compensated. Nothing in this agreement takes those rights away. Beyond them, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or failing to use reasonable care and skill, but not for loss that was not foreseeable when the agreement was made. We supply the Software for private use; if you use it for business, we are not liable to you for loss of profit, business or business opportunity.

If you are a business. The Software is provided as described in its documentation and, so far as the law allows, with no other warranty. Our total liability to you arising from the Software, whether in contract, tort or otherwise, is limited to the amount you paid for your licence in the twelve months before the claim, and we are not liable for loss of profit, revenue, business, goodwill or data, or for indirect or consequential loss.

Your radio equipment. We are not responsible for damage to equipment or for interference caused by how it is connected, configured or operated, except where the damage was caused by our negligence or by a fault in the Software for which you have the legal rights described above.

9. Ending the licence

The licence ends if you break this agreement and do not put it right within 14 days of being asked to. When it ends you must stop using the Software. A licence you cancel under the terms of sale ends when the refund is made.

10. Changes to this agreement

We may change this agreement for new releases. The date at the top shows when it last changed. A release you already have stays under the agreement it came with.

11. Law

This agreement is governed by the law of England and Wales, and disputes about it can be brought in the courts of England and Wales. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings there. If you are a consumer living outside the UK, you keep the protection of any law in your country that cannot be excluded by agreement, and you may bring proceedings in your own courts.