IMPORTANT — READ CAREFULLY BEFORE USING THIS SOFTWARE.

This End User License Agreement (“Agreement”) is a legal contract between you (“User”) and The Earth Shack Software LLC (“Licensor”) governing your use of the EarthView software application (“Software”). By downloading, opening, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not download, open, or use the Software.

1. License Grant

Subject to your compliance with this Agreement and payment of any applicable fees, the Licensor grants you a personal, non-exclusive, non-transferable, revocable license to use one copy of the Software on a single computer for your individual use or your internal business use, solely in accordance with this Agreement.

This license is granted to a single natural person (one user) and permits installation and use of the Software on one computer at a time. You may move the Software to a different computer you own or control, provided you remove it from the previous computer and do not use it concurrently on more than one computer.

The Software is provided as a browser-based HTML/JavaScript application intended to run locally on your computer. This license does not grant you the right to deploy the Software as a shared service for multiple users or devices, or to provide access to the Software as part of a hosted, multi-user, or time-sharing service.

2. Restrictions

You may not do any of the following:

• Copy, modify, translate, or create derivative works of the Software or any part of it, except for making a backup copy for your own use as permitted by applicable law.
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software, except to the extent such activity is expressly permitted by applicable law notwithstanding this limitation.
• Rent, lease, sublicense, lend, sell, assign, distribute, or otherwise transfer the Software, any copy of the Software, or any license to use the Software to any third party.
• Install or deploy the Software on a server, cloud service, or networked environment for access by multiple users, or make the Software available as a hosted, shared, or multi-tenant service.
• Post, upload, or otherwise make the Software (or any substantial portion of it) publicly available on a website, code repository, file-sharing service, or similar distribution channel.
• Remove, alter, or obscure any proprietary notices, trademarks, or labels on or within the Software.
• Use the Software in any way that violates applicable law or infringes the rights of any third party.

3. Intellectual Property

All title, ownership rights, and intellectual property rights in and to the Software are and shall remain the exclusive property of The Earth Shack Software LLC and its licensors. The Software is licensed, not sold. This Agreement does not transfer to you any ownership interest in the Software, and you receive no rights other than those expressly granted in Section 1.

4. Third-Party Services and Data

The Software may access or display data from third-party services (for example, public APIs providing earthquakes, weather, orbital elements, or related information). Those services are operated by third parties and are subject to their own terms of use and privacy policies.

The Licensor does not control the availability, accuracy, timeliness, or performance of any third-party service and is not responsible for changes, interruptions, limitations, or errors in such services. Your use of those services is at your own risk, and you are responsible for complying with any applicable third-party terms.

5. Disclaimer of Warranty

The Software is provided “AS IS” and “AS AVAILABLE” without warranty of any kind. To the maximum extent permitted by applicable law, the Licensor expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Software is intended for informational and situational-awareness purposes only and is not designed, certified, or intended for safety-critical, emergency response, or life-saving use. You are solely responsible for how you interpret or use any information displayed by the Software, and you should always rely on official sources for warnings, alerts, and emergency decisions.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall The Earth Shack Software LLC be liable for any indirect, incidental, special, consequential, or punitive damages of any kind, or for any loss of profits, revenue, data, goodwill, or use, arising out of or in connection with the use or inability to use the Software, even if The Earth Shack Software LLC has been advised of the possibility of such damages.

In all cases, The Earth Shack Software LLC’s total cumulative liability under this Agreement, whether in contract, tort, or otherwise, shall not exceed the amount actually paid by you for the Software.

7. Termination

This Agreement is effective from the time you first download, open, or use the Software and will continue until terminated. Your rights under this Agreement will terminate automatically, without notice from the Licensor, if you fail to comply with any term of this Agreement, if any applicable payment for the Software is refunded, reversed, or charged back, or if the Licensor otherwise revokes your license for material breach.

Upon termination, you must immediately cease all use of the Software and destroy (or permanently delete) all copies of the Software in your possession or control. Sections 3–9 of this Agreement shall survive any termination.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in North Carolina, and you hereby consent to such jurisdiction and venue.

9. Entire Agreement

This Agreement constitutes the entire agreement between you and The Earth Shack Software LLC with respect to the Software and supersedes all prior or contemporaneous understandings, whether written or oral, relating to its subject matter. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. Updates to the Software and Agreement

The Licensor may, but is not obligated to, provide updates, enhancements, or fixes for the Software. Any such updates will be deemed part of the Software and will be subject to this Agreement, unless accompanied by a separate license agreement that replaces or supplements this Agreement.

The Licensor may revise this Agreement from time to time. The version made available on our website or distributed with a later version of the Software will supersede earlier versions. Your continued use of the Software after any such revision constitutes your acceptance of the revised Agreement.

Contact Information

If you have questions about this Agreement, please contact The Earth Shack Software LLC at support@theearthshacksoftware.com or via the contact form on this site.