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End-User License Agreement for Winserver Wingman

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE COMPLETING ANY INSTALLATION. BY USING ANY PORTION OF THE ACCOMPANYING SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THIS AGREEMENT, DO NOT USE THE SOFTWARE.

The End-User License Agreement (hereinafter “EULA”) is a legal agreement between you, the user (either an individual or a single entity, herein the “USER”), and Ionwerks (herein the “DEVELOPER”) for the DEVELOPER's software(s) identified above which may include associated software components, media, printed materials, and ‘online’ or electronic documentation (hereinafter “SOFTWARE”). By installing, copying, or otherwise using the SOFTWARE, you give your consent to be bound by the terms of this EULA. If you do not agree to the terms and conditions of this EULA, you may not install, copy, or use the SOFTWARE.

Grant of License

The DEVELOPER grants the USER a worldwide, non-exclusive right to install and use an unlimited number of copies of the SOFTWARE on any computer running an operating system for which the SOFTWARE was designed.

In no event does the DEVELOPER authorize use of this SOFTWARE in applications or systems where the SOFTWARE's failure to perform can reasonably be expected to result in a physical injury, or in loss of life.

Certain features of the SOFTWARE may be dependent on payment, to the DEVELOPER, of a one-time fee or recurring subscription. Nothing in this agreement shall limit the DEVELOPER’s rights in respect of levying said fees before activating the applicable features or limit the DEVELOPER’s rights to deactivate the same features on expiration of the subscription term.

Without prejudice to any other rights, the DEVELOPER may terminate this EULA if the USER fails to comply with the terms and conditions of this agreement. In such event, the USER must destroy all copies of the SOFTWARE and all of its component parts.

Description of Rights and Limitations

The USER may not reverse engineer, de-compile, de-obfuscate or disassemble the SOFTWARE or attempt to discover the source code of (or structure, sequence and organization of, or underlying ideas of) the SOFTWARE.

The USER may not modify, alter, change or otherwise make any modification to the SOFTWARE or create derivative works based upon the SOFTWARE.

The USER may not rent, lease, lend or sub-license the SOFTWARE.

The USER may reproduce and distribute an unlimited number of copies of the SOFTWARE provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Distribution of the SOFTWARE will not entitle the USER to any compensation from the DEVELOPER.

The USER may permanently transfer all rights under this EULA, provided the recipient agrees to the terms of this EULA.

Copyright

This license provides the USER with limited rights to install, copy, and use the SOFTWARE. The DEVELOPER retains all ownership, right, title and interest in, to and of the SOFTWARE and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by the DEVELOPER.

The DEVELOPER’s logos, product names, manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to the DEVELOPER.

The USER may not remove or obscure DEVELOPER copyright, trade mark or other proprietary notices from any of the materials contained in this package or downloaded together with the SOFTWARE except where the SOFTWARE provides an explicit mechanism to do so.

Software Updates

Updates to the SOFTWARE are provided free of charge and at the DEVELOPER’s discretion.

From time to time, the SOFTWARE may check with remote servers hosted by the DEVELOPER for available updates, including but not limited to bug fixes or enhanced functionality. The USER agrees that such updates will be automatically requested, downloaded, and installed without further notice or approval.

Limited Warranty and Liability

The SOFTWARE is provided on an ‘as is’ basis, without expectation of technical support, or warranty of any kind. The DEVELOPER and its suppliers make no representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.

In no event shall the DEVELOPER or its suppliers be liable for any special, consequential, incidental or indirect 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, even if the DEVELOPER is aware of the possibility of such damages and known defects.

Non-Waiver

A party's failure to exercise any right under this EULA will not constitute a waiver of;

a) Any other terms or conditions of this EULA, or;

b) A right at any time thereafter to require exact and strict compliance with the terms of this EULA.

If a portion of this EULA is held unenforceable, the remainder shall be valid and still in force.

10 November 2015