USING THE SOFTWARE:
This End User-License Agreement ("EULA") is a legal contract between you and iWin, Inc. ("iWin") for the iWin utility software application and additional software downloaded and installed by the iWin utility software application, which includes computer software, associated documentation, updates, and any additional supplements provided by iWin ("SOFTWARE PRODUCTS" or "SOFTWARE"). Any product provided along with the Software 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, you agree to be bound by the terms of this EULA. Please read the terms of this EULA carefully before proceeding. By clicking on the 'I Agree' button below, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions. If you do not accept the terms of this EULA, you will not be granted license to install or use this Software and must press the 'Cancel' button below to exit the installation process. By installing the Software, you agree to accept all liability regarding its use or misuse. Unregistered, free copies of this program are limited in use. You must purchase this product and enter the registration information to gain full, unlimited usage.
All title, ownership rights and intellectual property rights to this Software or other Software Products distributed by iWin (including, but not limited to, titles, characters, themes, story lines, computer code, artwork, music, game play, and documentation) are the sole property of iWin and its licensors. The Software is confidential and protected by copyright laws of the United States and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Your license does not grant you any title or ownership in the Software and should not be construed as a sale of any such rights.
GRANT OF LICENSE
Except as expressly provided in this EULA, this EULA grants you a non-exclusive, non-transferable and non-sublicenseable license to install and use a copy of the Software for your personal use. By accepting the terms of this EULA, you agree not to use the Software for any commercial purposes (including, but not limited to, resale, rental, distribution, or offering on a pay-per-play basis) or make any copies beyond the rights specified in this EULA. You also agree not to reverse engineer, decompile, disassemble, alter, provide add-ons, unlock or disable protective code, or create derivative works of any kind to the Software or otherwise attempt to gain access to the underlying source code. You also agree not to upload onto the Internet or make available any portion of the Software to any third party. All rights not specifically granted under this EULA are reserved by iWin and, as applicable, iWin's licensors.
Without prejudice to any other rights of iWin, this EULA will terminate automatically if you fail to comply with its terms and conditions. Upon Termination of this EULA for any reason, you will destroy all copies of the Software and all of its component parts. All provisions regarding ownership and grant of license shall survive termination of this EULA.
iWin and its suppliers retain all ownership of the Software and all copies thereof. Except as expressly provided in this EULA, you may not make copies of the Software, except as reasonably necessary to run, install or use the Software in accordance with the uses for which you have been granted this EULA.
You agree that you will not export or re-export the Software, any part thereof, or any process or service that is the direct product of the Software, except in accordance with all applicable U.S. export restrictions.
GOVERNING LAW AND VENUE
This EULA is governed by the laws of the State of California. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the courts of the State of California shall have exclusive jurisdiction over any such suit or action, and you hereby agree to submit to the jurisdiction of such courts.
This EULA constitutes the entire agreement between you and iWin with respect to the Software, and replaces all other agreements or representations, whether written or oral. The terms of this EULA cannot be modified by any terms in any printed forms used by the parties in performing the EULA, and can only be modified by express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part.
LICENSOR AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS "AS IS," AND "AT YOUR OWN RISK."
LIMITATION OF LIABILITY
IWIN AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF IWIN OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF IWIN AND ITS SUPPLIERS UNDER THIS AGREEMENT AND LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE THAT CAUSES THE DAMAGE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
This Software includes specific Libraries obtained from Free Software Foundation, Inc. You may not copy, modify or distribute such Libraries except as expressly provided under license by Free Software Foundation, Inc. Copyright (c) 1991, 1999 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA.