Eula

Eula

AGREMEENT:

1. TERM:

These license terms provided here are an agreement between Usewings and you. Please read them. These terms apply to the Usewings, including the media on which you received it, if any. These terms also apply to any updates, supplements, and support services for Usewings, unless other terms accompany those items. If so, those terms apply


2. License:

The licensee will get a license to


  • Install the software;

  • Use the software in accordance with its documentation;


(a) Full Retail Version.

The license of Usewings can be utilized till the validity of 1 year. The licensed full retail version of Usewings comes up with all the recent updated functionalities along with Monday to Friday (9am to 5pm PST) support services and upgrades for the period which you purchased (the "Term").


After 1 year (the "Term"), the license key of the program will not be in use any more and the program will convert into a trial version. You will have to purchase another license key to continue using the full retail version of Usewings.


The license is subject to the following limitations:


  • The Software may only be installed on the specific computers / number of computers

  • The Software must only be installed and used at the premises identified in Schedule

  • The Software may only be used by the named users identified in Schedule, providing that the Licensee may change a designated named user by giving to the Licensor written notice of the change


(b) Evaluation or Trial Version.

The trial version of Usewings may contain limited functionalities. The license will terminate if it is intended to use after the trial version and can be extended by Usewings upon your acquisition of a full retail version of Usewings. If Usewings is an evaluation or trial version, you agree that Usewings might periodically offer you, opportunity to upgrade Usewings to the full retail version through in-product or stand-alone reminders or email (as you provide it to us)


3. Privacy:

Please refer to Usewings’s Privacy policies, available at http://Usewings.com/privacy_policy.html for a more detailed explanation of how your information is being stored and used by Usewings. You hereby agree to the collection and use of such information or data by Usewings


4. Disclaimer of Warranties and limitations on liabilities:

To the maximum extent Permitted by Applicable Law, in no event shall Usewings or its supplies be liable for any special, incidental, indirect or consequential damages whatsoever (including, without interruption, loss of business profits, 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.


5. Miscellaneous

5.1 Feedback.

Usewings only will accept feedback on design, implementation and improvement of the software. Licensee will not give feedback that is subject to a license that requires Usewings to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.


6. Support Services:

Usewings may provide you with support services related to Usewings. Any supplemental software code provided to you as part of the support services or otherwise will be considered part of Usewings and subject to this agreement. Usewings is responsible for order fulfilment only and will provide customer support during its normal business hours. Usewings has contracted or may in the future contract with third parties to provide technical support for Usewings


7. U.S. Government Restricted Rights:

Usewings and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of Usewings by the U.S. Government shall be solely in accordance with the terms of this agreement.


8. LIMITED WARRANTY

8.1 NO PERFORMANCE WARRANTY:

Usewings specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by Usewings that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.


8.2: Disclaimer of Warranty:

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRY DAYS). ANY DEFECTS DISCOVERED AFTER THE PERIOD OF THIRY (30) DAY THERE WILL BE NO WARRANTY OR CONDITION of ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not be applied to them.


9. No Liability for Consequential changes:

You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result is injury to persons or physical damage. Usewings specifically disclaims any express or implied warranty of fitness for such purposes.


10. Entire Agreement: Severability:

This agreement and any amendments to it constitute the entire agreement between the parties with respect to the subject matter that constitutes the terms for supplements, updates, and support services for Usewings. This agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then


(a) Such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision;


(b) Such provision will remain in effect to the extent that it is not invalid or unenforceable; and


(c) Such invalidity or unenforceability will not affect any other provision of this agreement.


11. General Terms:

The Software may collect non-personally identifiable information for the purposes of customizing information delivered to you and improving future versions of the Software. Such information, including IP address and system configuration, will only be collected on an anonymous basis and cannot be linked to any personally identifiable information. Personally identifiable information such as your username or hostname is not collected.