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END-USER LICENSE AGREEMENT FOR WINSTEPS.COM SOFTWARE
IMPORTANT - READ CAREFULLY: This Winsteps.com End-User License
Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and Winsteps.com (DBA Tetra Link)
for a Winsteps.com software product, such as Winsteps® or
Facets, which includes computer software and may include
associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also
includes any updates and supplements to the original SOFTWARE
PRODUCT provided to you by Winsteps.com. Any software provided
along with the SOFTWARE PRODUCT that is associated with a separate
end-user license agreement is licensed to you under the terms of
that license agreement. By installing, copying, downloading,
accessing, or otherwise using the SOFTWARE PRODUCT, you agree to
be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, do not install or use the SOFTWARE PRODUCT;
you may, however, return it to your place of purchase for a full
refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties. The SOFTWARE PRODUCT is licensed, not
sold.
1. GRANT OF LICENSE. This EULA grants you the following
rights:
* Single-user license. You may install, use, access, display,
run, or otherwise interact with ("RUN") the SOFTWARE PRODUCT on an
unlimited number of computers operated by a single user. This
license does not restrict use to a single user on a single
computer, but to a single user on any number of computers.
* Multi-User Site Licenses. If this package is a Winsteps.com
Multi-User Site License, see for additional conditions.
* Student, Evaluation, Demonstration (Demo) software license.
Winsteps.com may make available SOFTWARE PRODUCT at no charge. This
software may not be resold, and has no warranty of fitness for any
purpose associated with it. Nor does it obligate Winsteps.com to
support or continue the availability of that software. Winsteps.com
grants permission for such SOFTWARE PRODUCT to be distributed by
others at no charge. Ministep for Winsteps, Minifac for Facets
* Term for Purchase of Program Usage License: The start date of
the program usage term is the date of purchase of the license.
There is no end date of this agreement. The license does not expire.
* Reservation of Rights. All rights not expressly granted are
reserved by Winsteps.com
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and only to the extent
that such activity is expressly permitted by applicable law
notwithstanding this limitation.
* Trademarks. This EULA does not grant you any rights in
connection with any trademarks or service marks of
Winsteps.com
* Rental. You may not rent, lease, or lend the SOFTWARE
PRODUCT.
* Support Services. Winsteps.com may provide you with support
services related to the SOFTWARE PRODUCT ("Support Services"). Use
of Support Services is governed by the Winsteps.com policies and
programs described in the user manual, in "online" documentation,
and/or in other Winsteps.com-provided materials. Any supplemental
software code provided to you as part of the Support Services
shall be considered part of the SOFTWARE PRODUCT and subject to
the terms and conditions of this EULA. With respect to technical
information you provide to Winsteps.com as part of the Support
Services, Winsteps.com may use such information for its business
purposes, including for product support and development.
Winsteps.com will not utilize such technical information in a form
that personally identifies you.
* Software Transfer. The initial licensee of the SOFTWARE
PRODUCT may make a one-time permanent transfer of this EULA and
SOFTWARE PRODUCT only directly to an end user. This transfer must
include all of the SOFTWARE PRODUCT (including all component
parts, the media and printed materials, any upgrades, this EULA,
and, if applicable, the Certificate of Authenticity). Such transfer
may not be by way of consignment or any other indirect transfer.
The transferee of such one-time transfer must agree to comply with
the terms of this EULA, including the obligation not to further
transfer this EULA and SOFTWARE PRODUCT.
* Termination. Without prejudice to any other rights,
Winsteps.com may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must destroy
all copies of the SOFTWARE PRODUCT and all of its component
parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade,
you must be properly licensed to use a product identified by
Winsteps.com as being eligible for the upgrade in order to use the
SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade
replaces and/or supplements (and may disable) the product that
formed the basis for your eligibility for the upgrade. You may use
the resulting upgraded product only in accordance with the terms
of this EULA. Free software upgrades may be
available for the time period specified in the purchase
arrangement.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE
PRODUCT (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated
into the SOFTWARE PRODUCT), the accompanying printed materials,
and any copies of the SOFTWARE PRODUCT are owned by Winsteps.com
or its suppliers. All title and intellectual property rights in
and to the content that may be accessed through use of the
SOFTWARE PRODUCT is the property of the respective content owner
and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use
such content. If this SOFTWARE PRODUCT contains documentation that
is provided only in electronic form, you may print one copy of
such electronic documentation. You may not copy the printed
materials accompanying the SOFTWARE PRODUCT.
5. BACKUP COPY. You are encouraged to make back-up copies of the
installation software, and store them and the installation password in a safe place.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT
provided to the U.S. Government pursuant to solicitations issued
on or after December 1, 1995 is provided with the commercial
rights and restrictions described elsewhere herein. All SOFTWARE
PRODUCT provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with RESTRICTED
RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or
FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
MISCELLANEOUS
This EULA is governed by the laws of the State of Illinois,
United States of America. If any provision of this EULA is held to
be unenforceable, the enforceability of the remaining provisions
shall in no way be affected or impaired thereby.
Should you have any questions concerning this EULA, or if you
desire to contact Winsteps.com for any reason, please contact
Winsteps.com.
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED WORLDWIDE.
Winsteps.com warrants that (a) the SOFTWARE PRODUCT will perform
substantially in accordance with the accompanying written
materials for a period of ninety (90) days from the date of
receipt, and (b) any Support Services provided by Winsteps.com
shall be substantially as described in applicable written
materials provided to you by Winsteps.com, and Winsteps.com support
engineers will make commercially reasonable efforts to solve any
problem issues. Some states and jurisdictions do not allow
limitations on duration of an implied warranty, so the above
limitation may not apply to you. To the extent allowed by
applicable law, implied warranties on the SOFTWARE PRODUCT, if
any, are limited to ninety (90) days.
CUSTOMER REMEDIES. Winsteps.com's and its suppliers' entire
liability and your exclusive remedy shall be, at Winsteps.com's
option, either (a) return of the price paid, if any, or (b) repair
or replacement of the SOFTWARE PRODUCT that does not meet
Winsteps.com's Limited Warranty and which is returned to
Winsteps.com with a copy of your receipt. This Limited Warranty is
void if failure of the SOFTWARE PRODUCT has resulted from
accident, abuse, or misapplication. Any replacement SOFTWARE
PRODUCT will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, Winsteps.comA ND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD
TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. To the maximum extent permitted by
applicable law, in no event shall Winsteps.com or its suppliers be
liable for any special, incidental, indirect, or consequential
damages whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use
of or inability to use the SOFTWARE PRODUCT or the provision of or
failure to provide Support Services, even if Winsteps.com has been
advised of the possibility of such damages. In any case,
Winsteps.com's entire liability under any provision of this EULA
shall be limited to the greater of the amount actually paid by you
for the SOFTWARE PRODUCT or U.S.$5.00; provided, however, if you
have entered into a Winsteps.com Support Services Agreement,
Winsteps.com's entire liability regarding Support Services shall
be governed by the terms of that agreement. Because some states and
jurisdictions do not allow the exclusion or limitation of
liability, the above limitation may not apply to you.
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