This License Agreement ("Agreement") is a legal agreement between the customer ("you", either an individual or a single entity) and texasWINthem, which includes computer software and electronic documentation. By installing, copying or otherwise using the software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not download or use the software and have to destroy all copies of the software in your possession.
Title, ownership rights, and intellectual property rights in and to the software, and any copies of the software shall remain with texasWINthem. The software is protected by the copyright laws of Switzerland and international copyright treaties.
Title, ownership rights, and intellectual property rights in and to the content accessed through the software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
texasWINthem licenses in principle are permanent.
texasWINthem licenses are bound to the network adapter of your computer (i.e. the MAC address of your computer). Note that below we are using the term computer as a synonym for network adapter.
You may: (1) Use the software on a single computer; (2) use the software on a second computer when the software is not used on the first computer anymore; and (3) copy the software for backup purposes.
A license in principle is bound to a release. It will be copied to all bug fix releases directly following the original release. If new features are integrated into the software, texasWINthem may demand money for the upgrade. Furthermore, texasWINthem may stop the support for previous releases.
If you own additional licenses, the above multiplies to the number of licenses. texasWINthem licenses are single user licenses and must not be installed on a server and used by multiple users.
You may not: (1) Modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the software; (2) copy the software (except for back-up purposes); (3) rent, lease, or otherwise transfer rights to the software; or (4) remove any proprietary notices or labels on the software.
texasWINthem may use a mechanism integrated in the software to monitor that the software is used according to this license grant only. This mechanism may store data concerning the usage of the software. Furthermore, it may control the functionality of the software. The software may not run without an online verification of the license. Under no circumstances you are allowed to avoid or bypass the mechanism. Usage of the software without the control and monitor mechanism is not allowed.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail to the contact on texasWINthem's web site.
The service and support that texasWINthem offers for the software under this Agreement are limited to the service or support, if any, that is freely available on texasWINthem's web site.
texasWINthem does store information about users that is crucial for validating licenses only. It explicitly does NOT store any information related to a user's credit card or the user's real name. Payment is outsourced completely to Saferpay, which is certified for most payment methods, e.g. by Visa and Master Card.
The software is supplied on an "as is" basis, and you will bear all risks as to quality and performance of the program. Without limiting the generality of the foregoing, (1) you assume the entire cost of any service or repair and of any damage resulting from the information contained in or compiled by the software, and (2) you assume all responsibilities for selection of the software to achieve your intended results, and for the installation of, use of, and results obtained from the software.
texasWINthem makes no other express warranty and no warranty of any infringement of third parties' rights. In particular, texasWINthem makes no warranty that the software fulfills your requirements or runs without failure or errors.
No texasWINthem dealer, agent, or employee is authorized to make any modifications, extensions, or additions to this warranty.
This warranty gives you specific legal rights, and you may have other legal rights that vary from country to country or by jurisdiction.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall texasWINthem or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of texasWINthem 's list price for a license to the software, if any, even if texasWINthem shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some countries do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
You agree to defend, indemnify and hold harmless texasWINthem and texasWINthem's directors, officers, employees and agents for any loss, damages or costs, including reasonable attorneys' fees and lost profits due to indirect, incidental or consequential damages regardless of the form of action, resulting from any third party claim, action, or demand related to the software.
You agree, during the period of this Agreement, that texasWINthem may: (1) Revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on texasWINthem's web site.
You agree to review texasWINthem's web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing texasWINthem with notice by e-mail or regular mail. No money will be recompensed for used licenses.
You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
This agreement shall be governed by and interpreted and enforced in accordance with the federal laws of Switzerland. Any action relating to this agreement must be brought in Uster and you irrevocably consent to the jurisdiction of such courts.
This Agreement is the entire Agreement between you and texasWINthem and supersedes any other communications, advertisements, or understandings with respect to the software.
Version: 1.0.0, 22 August 2007