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Terms and Conditions of Use for Instructor Resources CD-ROM companion for Digital

Wireless Communication: Physical Layer Exploration Lab using the NI USRP by Dr.
Robert Heath

THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE SOFTWARE ON THIS CD. BEFORE
USING THIS SOFTWARE, CAREFULLY READ THESE TERMS AND CONDITIONS. BY INSTALLING OR
USING THE SOFTWARE, YOU CONSENT TO THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND
BY THEM.

License Grant
In consideration of payment of the applicable fees to National Technology and
Science Press (�NTSP�), NTSP is willing to provide you with a limited, non-
exclusive right to use the software on a single computer, but only pursuant and
subject at all times to the terms and conditions set forth herein, provided,
however, that: (i) you are not located in, or under the control of, any country
the laws and regulations of which prohibit importation of the software, and (ii)
you are not located in, or under the control of, any country to which the laws and
regulations of the U.S.A. prohibit exportation of the software.

Copyright; Restrictions
The Instructors Resource CD-ROM is � 2011 National Technology Science Press. All
rights reserved. Contents of the Instructor Resource CD-ROM were developed by
Robert Heath, with assistance from National Instruments. The software and any
accompanying documentation and other content contained on the CD-ROM (collectively,
the �Content�) are protected by applicable copyright laws and international treaty
provisions. Neither the software or the Content, or any portion thereof, may be
copied or reproduced in any form or by any means without written permission of
NTSP.

You may not: (i) reverse engineer, decompile, or disassemble the software; (ii)
sub-license, lease, or rent the software or the Content; (iii) distribute in whole
or part, modify, or create derivatives of the software; or the Content; or (iv)
directly or indirectly, export, re-export, download, or ship the software in
violation of the laws and regulations of the U.S.A. and the laws and regulations of
the applicable jurisdiction in which you use the software.

Limited Warranty
NTSP warrants, for your benefit alone, that for a period of ninety (90) days from
the date the CD-ROM or other applicable media is originally shipped by NTSP or its
authorized distributors to you that the medium on which the software is recorded
will be free from defects in materials and workmanship under normal use and service
(the �Limited Warranty�). Any replacement software provided to you by NTSP or its
distributors pursuant to this Limited Warranty will be warranted for the remainder
of the original warranty period or thirty (30) days, whichever is longer. You must
follow the directions for returning software under warranty to NTSP set forth at
ntspress.com and pay expenses for shipment to and from NTSP or its distributor (as
applicable).

Some states/jurisdictions do not allow limitations on duration of an express or


implied warranty, so the above or any other limitation provided herein may not
apply to you. In such event, such warranties are limited to the minimum warranty
period allowed by applicable law.

Customer Remedies
The entire liability of NTSP and its suppliers, distributors and licensors with
respect to the foregoing Limited Warranty shall be the return of the fees paid by
you to NTSP for the companion CD or repair/replacement of the software, provided
that NTSP receives written notice of applicable defects during the warranty period.
If NTSP is unable to deliver a replacement that is free of defects, you may
terminate this license by returning the program. You may not bring an action to
enforce your remedies under the foregoing Limited Warranty more than one (1) year
after the accrual of such cause of action.

No Other Warranties
You assume the entire risk as to your selection and installation of the software
and the Content and for the results and performance of the software. Without
limiting the generality of the foregoing, the software or the Content should not be
relied on as the sole basis to solve a problem whose incorrect solution could
result in injury to person or property. If the program is used in such a manner,
it is solely at your own risk, and NTSP and its suppliers, licensors and
distributors expressly disclaim all liability for any such misuse. EXCEPT AS
EXPRESSLY SET FORTH ABOVE, THE SOFTWARE AND THE CONTENT ARE PROVIDED �AS IS,� AND
NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE
SOFTWARE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO OTHER WARRANTIES
THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NTSP DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE
USE OF THE SOFTWARE OR THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE OR THE CONTENT
WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation On Liability
To the maximum extent permitted by applicable law, in no event shall NTSP or its
distributors, licensors or suppliers (including its and their directors, officers,
employees, attorneys, and agents) be liable for any damages, including, but not
limited to, any special, direct, indirect, incidental, exemplary, or consequential
damages, expenses, lost profits or any other damages arising out of the use or
inability to use the software or the Content even if NTSP or its suppliers,
licensors or distributors have been advised of the possibility of such damages. You
acknowledge that the applicable fees and prices reflect this allocation of risk.

Because some states/jurisdictions do not allow the exclusion or limitation of


liability for consequential or incidental damages, the above limitation may not
apply. If the foregoing limitation of liability is not enforceable as determined
by a court of competent jurisdiction in a final, non-appealable judgment, in no
event shall NTSP's total aggregate liability arising under these terms and
conditions and/or relating to your use of the software or the Contents exceed fifty
dollars ($50 U.S.).

Termination
This license shall automatically terminate upon failure by you to comply with any
term or condition set forth herein. Upon termination of this license, regardless
of the reason, you must destroy all copies of the software. You may terminate this
license at any time; provided that you do not retain any copies of the software or
the Content.

General
You may not sublicense, assign, or transfer the license of the program. Any
attempt to sublicense, assign or transfer any of the rights, duties, or obligations
hereunder is void.

The terms of this license are governed by the laws of the State of Texas, U.S.A.,
exclusive of any provisions of the United Nations Convention on the International
Sale of Goods, and without regard to principles of conflicts of law. Non-exclusive
venue for any and all disputes arising out of or in connection with these terms and
conditions and/or your use of the software or the Content shall be in the courts
located in Travis County, Texas, U.S.A., and the parties hereby agree to submit to
the jurisdiction of such courts.
If you have any questions concerning these terms and conditions or technical
support, please contact NTSP by writing to:

National Technology and Science Press


P.O. Box 13
Allendale, NJ 07401

You agree that the above stated terms and conditions embody the entire
understanding between you and NTSP regarding the subject matter hereof and
supersede all prior representations, discussions and communications, whether oral
or written and any other communications relating to the subject matter hereof.

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