Winshots System Snapshot :: Legal Information

The license agreement included here is for your reference only. If you are reading this you have already agreed to the terms and conditions included within this document during the installation of this software.

ATTENTION: THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY WINSHOTS TECHNOLOGIES INCORPORATED FOR PRODUCTS PURCHASED IN THE UNITED STATES AND FOR PRODUCTS PURCHASED OUTSIDE OF THE UNITED STATES.

WINSHOTS (R)
SYSTEM SNAPSHOT

IMPORTANT: BEFORE CLICKING ON "ACCEPT" DURING THE REVIEW OF THIS LICENSE, INSTALLING OR USING THE PROGRAM, PLEASE CAREFULLY READ THIS LICENSE, WHICH CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE TO USE THE WINSHOTS SOFTWARE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE, PLEASE DO NOT INSTALL THE SOFTWARE AND PROMPTLY RETURN THE UNOPENED OR UNINSTALLED SOFTWARE TO THE PLACE AT WHICH YOU ACQUIRED IT FOR A FULL REFUND OF ANY LICENSE FEE PAID. IF YOU OPEN THE ACCOMPANYING SOFTWARE PACKAGE, INSTALL OR USE THE PRODUCT, YOU WILL BE ACQUIRING A LICENSE TO USE THE PRODUCT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE, AND YOU WILL BE CONSIDERED TO HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS.

GRANT OF LICENSE: Winshots ("we" or "us") provides you with a computer program (the "Program") which may also include "online" or electronic documentation, this license (the "License"), a limited number of user identities as purchased by you or your organization, which may be restricted by the server portion, and other printed materials (together called the "Product") and grants you a non-exclusive right to use the Product in accordance with the terms of this License. Any and all rights to the Product, including title, ownership rights, and intellectual property rights in and to the Product shall remain with Winshots and/or its suppliers. The Product is protected by the copyright laws in the United States, Canada and through international copyright treaties. You must reproduce any copyright or other notice marked on the Product on all copies you make.

YOU MAY:

a. install and use the Product on a single computer or network to the extent of the number of copies specified in the order document (company purchase order, invoice, or charge card receipt).

b. make one copy of the Program for archive or backup purposes, in addition to the number of copies required to exploit the user identities in connection with the relevant server software, provided that one user identity may not be assigned to more that one individual user, server or network.

YOU MAY NOT:

a. use the Product or make copies of it except as permitted by this License.

b. translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.

c. rent, lease, assign, distribute or transfer the Product except as set out above.

d. modify, except to the extent by which the Product will permit you to customize the Product.

e. merge all or any part of the Product with another program.

WARRANTY: WE WARRANT THAT THE PROGRAM WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP FOR 30 DAYS FROM THE DATE YOU ACQUIRED IT. IF SUCH A DEFECT OCCURS, YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT UPON PRESENTATION OF YOUR RECEIPT OF PURCHASE, SHALL BE AT WINSHOTS’ OPTION, TO EITHER i) RETURN THE PRICE PAID, OR ii) REPAIR OR REPLACE THE PROGRAM.
LIMITATION OF WARRANTIES AND LIABILITY: EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THAT LIMITATION MAY NOT APPLY TO YOU.
TERM: This license shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out above shall continue in force even after any termination.
CONFIDENTIAL INFORMATION: Confidential Information shall mean any business, marketing, technical or other information, including this Product, which is received by you or your organization from Winshots. Any Confidential Information shall be retained in confidence, disclosed only to personnel on a need to know basis, and used only in connection with the use of this Product. You or your organization shall use the same degree of care as it uses to protect its own confidential information of a similar nature, but no less reasonable care, to prevent the unauthorized use, dissemination or publication of the Confidential Information. Confidential Information received by you or your organization under this Agreement shall not be copied without the prior written consent of Winshots. Upon request from Winshots, you or your organization shall immediately return to Winshots all Confidential Information and all copies thereof, and shall furnish proof of their destruction to Winshots.
U.S. GOVERNMENT END-USERS: This Product is a "commercial item",as that term is defined at 48 C.F.R. 2.101 (JAN 1998), consisting of "commercial computer software" and "commercial computer software documentation",as such terms are used in 48 C.F.R. 12.212 (SEPT 1995), and is provided to the U.S. Government only as a commercial end item. Government end users acquire the Product under the following terms: i) for acquisition by or on behalf of civilian agencies, consistent with the terms set forth in 48 C.F.R. 12.212 (SEPT 1995); or ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the terms set forth in 48 C.F.R. 227.7202.
HIGH RISK ACTIVITIES: The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performances, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Product could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, we and our suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada for the product purchased outside of the United States of America and by the laws of the State of Maryland of the product purchased in the United States of America. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.

The failure of a party to claim a breach of any term of this Agreement shall not constitute a waiver of such breach or the right of such party to enforce any subsequent breach of such term.

You or your organization may not assign this Agreement voluntarily, by operation of law, or otherwise, without Winshots' prior written consent. Such consent will be given at Winshots' sole discretion.

Prior to any use of Winshots' name or servicemarks, you or your organization must obtain written approval from Winshots.

Each party and its employees are independent contractors in relation to one another with respect to matters under this Agreement. Nothing in this Agreement establishes a partnership, joint venture, association or employment relationship between the parties.

INTELLECTUAL PROPERTY NOTICES: Winshots is a registered trademark of Winshots Technologies Incorporated. All Winshots product names are trademarks of Winshots Technologies Incorporated. All other company and product names are trademarks or registered trademarks of their respective holders.

Should you have any questions concerning this Agreement, or if you wish to contact Winshots for any reason, please write to: Winshots Technologies Incorporated, 77 HOMESTEAD STREET, OTTAWA, ONTARIO K2E 7T3 or send an e-mail to info@winshots.com

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