This Highwinds Trading Company End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Highwinds Trading Company for the Highwinds software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic. By installing, copying, or otherwise using the Highwinds software product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use it.
DEFINITIONS
The following definitions apply to the terms as they appear in this agreement.
1. Highwinds means Highwinds Trading Company;
2. Software means the computer program(s) contained herein, and all updates to the computer programs. The term also includes all copies of any part of the computer programs;
3. Documentation means the user's manual(s) , both printed and electronic (file based), and other printed materials accompanying the Software;
4. Product means the Software and Documentation.
COPYRIGHT/PROPRIETARY PROTECTION
The Product is owned by Highwinds or its suppliers and is protected by United States copyright laws and international treaties. You must treat the Product like any other copyrighted material. This license and your right to use the Product terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the Product or return them to Highwinds, including copies resident in computer memory.
GRANT OF LICENSE
Highwinds grants you a non-exclusive license to:
1. Designate a single Dedicated Computer to use the software;
2. Copy the Software onto the hard disk of the Dedicated Computer and retain the original for archival purposes.
3. After written notification to Highwinds, transfer the entire Product on a permanent basis to another person or entity, provided you retain no copies of the Product and the transferee agrees to the terms of this agreement.
LIMITATIONS
1. You may not copy the documentation;
2. You may not copy or modify all or any portion of the Product or merge it into another program, unless expressly authorized by the Highwinds. Copies shall include, without limitation, any complete or partial duplications on any media adaptations, translations, compilations, partial copies within modifications, mergers with other material from whatever source, and updated works. You will use your best efforts to prevent any unauthorized copying of the Product;
3. IF YOU COPY, MODIFY OR MERGE ANY PORTION OF THE PRODUCT OTHER THAN PURSUANT TO THE HIGHWINDS PUBLISHER'S LICENSE OR IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION, OR MERGED PORTION OF THE PRODUCT TO ANOTHER PARTY OTHER THAN PURSUANT TO THE HIGHWINDS PUBLISHER'S LICENSE OR WITHOUT OBTAINING THE TRANSFEREE'S AGREEMENT REQUIRED ABOVE, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
4. Reverse-engineer, disassemble, decompile, or make any attempt to discover the source code of the Software;
5. Sublicense, rent, or lease any portion of the Product;
6. Use the previous version of the Software that has been upgraded or updated if this Highwinds product is an upgraded or updated product. Upon upgrading or updating the Software, the old copy must be deleted from the computer and the original disks must be physically destroyed.
LIMITED WARRANTY
Highwinds warrants the archives in which the Software is distributed, if received in Highwinds retail packaging, to be free from defects. Any written or oral information or advices given by Highwinds dealers, distributors, agents, or employees will in no way increase the scope of this warranty.
You assume full responsibility for the selection of the product to achieve your intended purposes, for the proper installation and use of the product and for verifying the results obtained from use of the product, Highwinds does not warrant that the functions contained in the product will meet your requirements, that the product is fit for any particular purpose or that the operation of the product will be interruption or error free.
If the Product fails to comply with the warranty set forth above, Highwinds's entire liability and your exclusive remedy will be replacement of the disk or, at Highwinds's sole option, the purchase price of the software. This limited warranty applies only if you return all copies of the Product, along with a copy of your paid invoice, to an authorized Highwinds dealer within 30 days of the date you received the Product. If Highwinds is unable to make the Product conform to the above warranty, Highwinds, at its option, will refund all or a fair portion of the price you paid for this package. Any replacement Software will be warranted for the remainder of the original 30-day warranty period or for 30 days from the date you received the replacement, whichever is longer. These remedies are not available outside of the United States and Canada.
HIGHWINDS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR INFRINGEMENT WITH RESPECT TO THE PRODUCT. ALL WARRANTIES SHALL TERMINATE 30 DAYS FROM DATE OF DELIVERY OF THE PRODUCT TO YOU.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
LIMITATIONS OF LIABILITY; EXCLUSIVE REMEDY
IN NO EVENT WILL HIGHWINDS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR OTHERWISE IN CONNECTION WITH THE PRODUCT, THE PRODUCT DOCUMENTATION AND/OR THIS LICENSE EVEN IF HIGHWINDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow limitation or exclusion of incidental or consequential damages, so that above limitation or exclusion may not apply to you.
In no event shall Highwinds's total liability for any damages, direct or indirect, in connection with the product, the product documentation, and/or this license exceed the license fees paid for your right to use this copy of the product whether such liability arises from any claim based upon contract, warranty, tort or otherwise.
Your exclusive remedy and Highwinds and its suppliers' entire liability arising from or in connection with the software, documentation, product and/or this license (including without limitation for breach of warranty or non-infringement) shall be refund of license fees.
ALLOCATION OF RISK
Provisions of this Agreement such as the warranty limitations, exclusive remedies and limitations of liability are unrelated, independent allocations of risks between you and Highwinds. Unenforceability of any such allocations shall not affect the enforceability of other such allocations. Highwinds's pricing reflects the allocations of risk contained in this Agreement.
GENERAL
This agreement constitutes the entire agreement between you and Highwinds and supersedes any prior agreement concerning the contents of this package. It shall not be modified except by written agreement dated subsequent to the date of this agreement signed by an authorized Highwinds representative. Highwinds is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Highwinds specifically agrees to the provision in writing.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and paragraph (c(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19. The manufacturer Highwinds Trading Company, 900 N. Philadelphia Pike, Wilmington, DE 19089.
Export Laws. You understand that the Product may require a license from the U.S. Department of Commerce or other government agency before it may be taken or sent outside the United States. You agree to obtain any required license before taking or sending the Product outside the United States. You will not permit the export or re-export of the Product without obtaining required licenses or letters of further assurance.
Taxes. You must pay all taxes that may now or hereafter be imposed, levied, or assessed with respect to the possession or use of the Product or this license.
YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE, FINAL AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND HIGHWINDS AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT OR ANY OTHER COMMUNICATIONS BETWEEN HIGHWINDS AND YOU RELATING TO THE USE OF THE PRODUCT.
If any provision of this Agreement is unenforceable, all others will remain in effect. If any provision of this Agreement is held unenforceable as written, it shall be enforced to the maximum extent allowed by applicable law. This Agreement shall be governed by the internal laws of the State of Delaware and the United States, including U.S. copyright laws, and venue in the event of any suit, proceeding or claim shall be in the Courts located in the state of Delaware. If you have any questions regarding this Agreement, you may contact Highwinds by writing Highwinds at the following address(es):
