SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT
Do NOT install or use this software until you have read and accepted all of the terms of this License. As with all software, it is recommended that you back up your hard drive before you begin to use this software.
WINABILITY SOFTWARE CORPORATION IS WILLING TO LICENSE THE SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE, AS INSTALLING THE SOFTWARE WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU DO NOT AGREE WITH THESE TERMS, THEN WINABILITY SOFTWARE CORPORATION IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD NOT INSTALL OR USE THE SOFTWARE.
The Software. The Software licensed under this Agreement consists of computer programs, data compilation(s), and documentation referred to as Elevate. (the “Software”).
Free Use. You are authorized to use the Software on a royalty-free basis, without payment of any kind, provided that You have accepted all terms of this Agreement. This Agreement shall take precedence over any prior licenses, and any conflicting, inconsistent, or additional terms in such licenses shall be null and void.
Technical and Customer support. This software is not supported by WinAbility Software Corporation. You may contact us with questions and bug reports, but we don’t guarantee a prompt resolution or even a personal reply.
Re-Distribution Is NOT PERMITTED. You may inform others about the availability of this software and this web site, but you may not give copies of this software to others, or offer it for direct download from another server or web site, or redistribute this software in any other form to any third party, unless you have obtained a written permission from us to do so. You may copy the Software for archival purposes, provided that you have not altered it in any way.
Restrictions. You may not, except as expressly provided elsewhere in this Agreement, without the prior written consent of WinAbility Software Corporation: (i) redistribute the Software or give a copy of the Software to any third party; (ii) modify or translate the Software; (iii) reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law; (iv) create derivative works based on the Software; (v) merge or bundle the Software with another product; (vi) copy the Software; or (vii) remove or obscure any proprietary rights notices or labels on the Software. Immediately upon termination of this license for any reason, You shall uninstall all copies of the Software and return to WinAbility Software Corporation or destroy all copies of the Software and documentation, if any.
Ownership. WinAbility Software Corporation and its suppliers own the Software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software’s design and coding methodology. The Software is protected by United States copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property.
Copyright Notice. Copyright (c) 2006-2010, WinAbility Software Corporation and/or its suppliers. All rights reserved.
Trademarks. WinAbility, WinAbility.Com, and the logo images are trademarks or registered trademarks of WinAbility Software Corporation and/or its suppliers. All other product names may be trademarks of their respective owners.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. WINABILITY SOFTWARE CORPORATION PROVIDES THE SOFTWARE “AS-IS.” NEITHER WINABILITY SOFTWARE CORPORATION NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WINABILITY SOFTWARE CORPORATION AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts.
INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL WINABILITY SOFTWARE CORPORATION OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF WINABILITY SOFTWARE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL WINABILITY SOFTWARE CORPORATION’S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE LICENSE OR ONE UNITED STATES DOLLAR, WHICHEVER IS THE GREATER.
EXPORT CONTROLS. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Software from the U.S. Neither the Software nor the underlying information or technology may be electronically transmitted or otherwise exported or re-exported (i) into any country subject to U.S. trade sanctions covering the Software, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.
LICENSEE OUTSIDE THE U.S. If You are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: “The parties confirm that this Agreement and all related documentation is and will be in the English language.”); and (ii) You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and You represent that You have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of Utah, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English and English is its controlling language.
U.S. GOVERNMENT END USERS. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is WinAbility Software Corporation, P.O.Box 0272, Rockville, UT 84763-0272.
All rights not expressly granted here are reserved to WinAbility Software Corporation.