Licence Agreement

710 Console - End User Licence Agreement

Please read this agreement before installing or using 710 Console. By installing or using 710 Console you agree to these terms. If you do not agree, do not install or use it.

1. Who this agreement is with

1.1 This agreement is between you and Nathan Daniels (M7XTD), the developer and copyright holder of 710 Console ("the Developer", "we" or "us").

1.2 "710 Console" or "the Software" means the 710 Console desktop application, its installer, user guide, updates and any related files supplied by the Developer, other than the third-party components described in section 8.

1.3 Contact: [email protected], or the contact details published at https://710console.co.uk.

2. What is free

2.1 710 Console is free software in the sense of costing nothing. It is not open-source software. You are given a licence to use it; you are not sold a copy, and no ownership is transferred to you.

2.2 Subject to this agreement, the Developer grants you a free, non-exclusive, non-transferable, revocable licence to install and use 710 Console for Permitted Use (section 3).

2.3 No licence key, activation, subscription, registration or payment is needed for Permitted Use. You may install 710 Console on any number of computers that you own or control, or that belong to a club using it under section 3.

3. Permitted use

You may use 710 Console free of charge if you are:

(a) an individual amateur radio operator, radio enthusiast or hobbyist, using it for your own personal, non-commercial radio activity;

(b) a non-commercial amateur radio club or amateur radio society, using it on club or society equipment, including for club stations, special-event stations, training and demonstrations;

(d) an operator taking part in amateur radio contests, awards programmes or similar on-air activities;

(e) an individual using 710 Console together with digital-mode, logging, contest and other amateur radio software; or

(f) an individual operating your own equipment remotely, or operating another person's or club's station remotely with their permission where no fee is charged for that access.

The following do not, on their own, make your use commercial:

making personal or club videos, live streams, reviews, articles or talks that show or discuss 710 Console, even if the channel or publication earns incidental advertising or sponsorship income;
non-profit educational demonstrations and training, including at clubs, rallies, schools and licence courses;
winning prizes or awards in contests or on-air events;
a club or society charging its normal membership subscriptions or accepting donations, provided it does not charge for access to 710 Console itself.

All of the above is "Permitted Use".

4. Commercial rights are reserved

4.1 This free licence does not allow Commercial Use. Commercial Use requires a separate written agreement signed by the Developer.

4.2 "Commercial Use" includes:

(a) use of 710 Console by a business, company, enterprise or other commercial organisation as part of its business operations;

(b) incorporating, bundling or pre-installing 710 Console in, or supplying it with, any commercial hardware or software product;

(c) providing a commercial radio-control, remote-station or hosted remote-access service, or any service where people pay to use a station operated through 710 Console;

(d) selling, renting, leasing, lending for a fee or otherwise commercially distributing 710 Console;

(e) rebranding or white-labelling 710 Console, or presenting it as another product;

(f) any commercial integration or deployment of 710 Console.

4.3 To ask about commercial use, contact the Developer using the details in section 1.3. Nothing in this agreement is an offer to grant a commercial licence.

5. Restrictions

Except as this agreement expressly allows, or as section 6 permits, you must not:

(a) copy 710 Console other than as needed to install, use and back it up for Permitted Use;

(b) redistribute, publish, mirror, sell, rent, lease, lend, sublicense, assign or transfer 710 Console or this licence. Please share a link to https://710console.co.uk instead of the installer;

(d) decompile, disassemble or reverse engineer 710 Console, or attempt to obtain its source code;

(e) remove, alter or hide any copyright notice, licence notice, trade mark or other proprietary notice; or

(f) use 710 Console to break the law, or in a way that interferes with other radio users in breach of your licence conditions.

6. Your statutory rights

6.1 Nothing in this agreement limits anything you are entitled to do under law that cannot be excluded or restricted by contract. This includes, under the law of England and Wales, the rights in the Copyright, Designs and Patents Act 1988 to make a necessary back-up copy, to decompile in order to achieve interoperability with another program, and to observe, study and test the functioning of the program, each within the conditions set by that Act.

6.2 If you are a consumer, nothing in this agreement affects your statutory rights.

7. Ownership and intellectual property

7.1 710 Console, including its code, design, user interface, documentation and the 710 Console name and branding, is owned by the Developer or by the relevant rights holders. Copyright and all other intellectual property rights remain with them.

7.2 No ownership rights or intellectual property rights are transferred to you.

7.3 The source code of 710 Console is not made available to you under this agreement.

7.4 The Developer may license, assign, transfer or sell any or all of the rights the Developer owns in 710 Console, on any terms, to anyone, at any time. Any such change does not take away the licence you already hold under this agreement for the version you have.

7.5 All rights not expressly granted to you in this agreement are reserved.

7.6 Yaesu and FT-710 are trade marks of their respective owner. 710 Console is an independent product and is not affiliated with, endorsed by or supported by Yaesu.

8. Third-party components

8.1 710 Console includes or installs components owned by other people, such as the .NET runtime, NAudio, Concentus/Opus, Vortice.Windows, the FTDI D2XX and LibFT4222 libraries and drivers, the Silicon Labs CP210x driver and the Chakra Petch font.

8.2 Those components are licensed to you under their own licences, which are listed in THIRD-PARTY-NOTICES.txt and the Licenses folder supplied with 710 Console, or which are shown to you during installation. Where a third-party licence gives you rights that this agreement would otherwise restrict, the third-party licence applies to that component.

9. No payment, updates and support

9.1 710 Console is provided free of charge for Permitted Use.

9.2 The Developer may choose to release updates, fixes or new versions, and may choose to provide help or support. The Developer is not obliged to do any of these things. No promise is made that development will continue, or about when or whether any feature, fix or update will be provided.

9.3 You are never required to install an update. You may keep using any version of 710 Console you have installed under this agreement for as long as you wish; the Software does not expire. Updates you choose to install are covered by this agreement, unless they come with a different agreement.

9.4 Compatibility with future versions of Windows, future FT-710 firmware, other radios, drivers or other software is not guaranteed.

9.5 Any voluntary contribution you choose to make, for example through the website's "Support 710 Console" page, is a gift of thanks only. It is not a payment for 710 Console, a licence, a feature, an update, support or future development, and it does not give you any additional rights or create any obligation on the Developer.

10. Your responsibility for your station

10.1 710 Console controls a radio transmitter. You are responsible for operating your station safely and lawfully, in line with your licence conditions and the law that applies to you, including when you operate remotely or let other people operate through 710 Console.

10.2 710 Console can change radio settings and key the transmitter. Supervise your station, particularly when you first use a new version, and check important settings before transmitting.

11. Warranty

11.1 You use 710 Console at your own risk. Because 710 Console is provided free of charge, and to the extent the law allows, it is provided "as is" and "as available", and the Developer gives no warranty, condition or other term, express or implied, about it. In particular, no promise is made that it will be free of errors, work without interruption, suit your purposes, or work with your equipment.

11.2 This section does not exclude any warranty, condition or right that cannot lawfully be excluded.

12. Liability

12.1 Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law of England and Wales.

12.2 Subject to section 12.1, and to the extent the law allows, the Developer is not liable to you for:

(a) loss of profit, revenue, business, contracts or opportunity;
(b) loss or corruption of data;
(c) damage to or malfunction of radios, computers or other connected equipment, or incorrect radio configuration;
(d) faults, errors or unexpected behaviour of the Software;
(e) unintended or incorrect transmissions, or any other consequence of transmissions made using 710 Console;
(f) any indirect or consequential loss; or
(g) any other loss or damage arising from your use of, or inability to use, 710 Console.

12.3 If you are a consumer, section 12.2 applies only to the extent permitted by consumer protection law, and it does not affect any rights you have that cannot be excluded or limited.

13. Ending this licence

13.1 This licence ends automatically if you materially break this agreement. When it ends you must stop using 710 Console and delete it from your computers.

13.2 You may end this licence at any time by uninstalling 710 Console.

13.3 Sections 4, 5, 7, 11, 12, 14 and 15 continue to apply after the licence ends.

14. Earlier agreements

14.1 This agreement does not take away any right you already hold under an earlier licence key, written agreement or other binding arrangement with the Developer. If such an arrangement gives you more than this agreement, it continues to apply on its own terms.

14.2 Licence keys previously issued for 710 Console are no longer needed. You do not need to enter, keep or renew one to use 710 Console under this agreement.

15. General

15.1 The Developer may publish a new version of this agreement. A new version applies to versions of 710 Console released with it; it does not change the terms for a version you already have.

15.2 If any part of this agreement is found to be unenforceable, the rest continues to apply.

15.3 If the Developer does not enforce a right straight away, that does not waive the right.

15.4 No one other than you and the Developer has any right to enforce this agreement under the Contracts (Rights of Third Parties) Act 1999.

15.5 This agreement is governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts, and if you are a consumer living elsewhere you keep any protection given to you by the mandatory law of the country where you live.