IT IS IMPORTANT THAT YOU READ THIS NOTICE. BY CLICKING ON THE "YES" BUTTON AT THE END OF THIS DOCUMENT OR BY BREAKING THE SEAL ON THE DISKETTE ENVELOPE OR BY EXERCISING YOUR RIGHTS UNDER THIS LICENSE, YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS CLICK THE "NO" BUTTON AND DO NOT USE THE SOFTWARE. IF YOUR PURCHASE CONSISTED OF A PHYSICAL PACKAGE YOU MAY, WITHIN FIFTEEN (15) DAYS, RETURN THIS ENTIRE PACKAGE UNUSED AND UNOPENED TOGETHER WITH PROOF OF PURCHASE TO THE PERSON FROM WHOM YOU ACQUIRED IT FOR A FULL REFUND.
LICENSE
Rick McClanahan ("Author") grants you a non-exclusive, non-transferable, non-sublicensable license to use this copy of the WinDownload Software program (the "Software"), in binary executable form and accompanying documentation, if any, and any updates or upgrades thereto provided by Author according to the terms set forth below. If the Software is being provided to you as an update or upgrade to Software which you have previously licensed, then you agree to destroy all copies of the prior release of this Software within thirty (30) days after entering into this Agreement; provided, however, that you may retain one copy of the prior release for backup purposes. This license is personal to you and you agree not to assign your rights herein.
You may:
a. install the Software on only one computer.
b. make one (1) copy of the Software in machine readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy, and
You may not:
a. use the Software on more than one computer at a time or in a multi-user system,
b. modify, translate, reverse engineer, decompile or disassemble the Software (except to the extent that such acts may not be prohibited under applicable law),
c. copy the Software (except as provided above) or copy the accompanying documentation,
d. rent, transfer, distribute, or grant any rights in the Software or accompanying documentation in any form to any person without the prior written consent of Author, or
e. remove any proprietary notices, labels, or marks on the Software and accompanying documentation.
This license is not a sale. Title, ownership rights, and intellectual property rights in and to the Software, any accompanying documentation and any copy made by you shall remain in Author and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. Unauthorized copying of the Software or the accompanying documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to Author other legal remedies. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives you no rights to such content. You acknowledge that the Software in source code form remains a confidential trade secret of Author and/or its suppliers.
This Software is available as a trial version. The trial version of the Software runs for a maximum of 21 days. When this time period limit is reached the Software will stop functioning. At such time you will be required to purchase a registered copy of the Software.
WARRANTY DISCLAIMER
Author MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT Author ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Author does not warrant that the operation of the Software will be uninterrupted or error free or that the Software will meet your specific requirements.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL Author BE LIABLE FOR LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF Author OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL Author'S LIABILITY EXCEED THE AMOUNTS PAID FOR THE SOFTWARE. YOU ACKNOWLEDGE THAT THE AMOUNTS PAID BY YOU FOR THE SOFTWARE REFLECT THIS ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
LANGUAGE
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, have been and shall be written in the English language only.
Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.
GENERAL
ihis Agreement shall not be governed by the 1980 U. N. Convention on Contracts for the International Sale of Goods; rather, this Agreement shall be governed by the laws of the State of California, U.S.A., including its Uniform Commercial Code, without reference to conflicts of laws principles. This Agreement is the entire Agreement between us and supersedes any other communications or advertising with respect to the Software and accompanying documentation. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any country (i) in which the Software cannot legally be downloaded or otherwise exported, or reexported, or (ii) which is on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. In the event of any conflict between any prov
f this Agreement and any applicable law, the provision or provisions of this Agreement affected shall be modified to remove such conflict and permit compliance with such law and as so modified this Agreement shall continue in full force and effect.
DISCLAIMER
WinDownload is offered to support the efforts of legitimate businesses and individuals to network with others on the World Wide Web. This tool's intended purpose is to assist companies and individuals in finding other companies and individuals that have specific needs to interact and create fair and ethical opportunities that are mutually beneficial between those parties.
Thank you for your use of WinDownload, as well as your consideration for the information contained in this disclaimer.
Author cannot be held liable for any way in which WinDownload is utilized by any end user.
If you have any questions, please contact Rick McClanahan at the following e-mail address: rick.mcclanahan@poboxes.com.
