SOFTWARE LICENSE: Your use of WinU confirms your agreement to be bound by this license and warranty. As used here, WinU ("the software") means all or any portion of the computer application contained in this package, and all updates. The software is owned by Bardon Data Systems and is protected by United States and international copyright and trade secret laws, and international trade provisions. You must treat it like any other similarly protected material. This license and your right to use WinU terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the software or return them to Bardon Data Systems.
1) You are welcome to use the "test-drive" evaluation version of the software for 30 days. That is, you can run the program on 30 different dates. These dates do not have to be consecutive calendar days. If you don't run the software on a particular date, it doesn't count against your 30 days. After the trial period, you must either purchase the software or remove it from your system. Anyone is welcome to distribute the "test-drive" evaluation version of the software, in its entirety as distributed with this file, subject to these conditions: a) none of the files in this package may be modified or deleted; and b) distributors must stop distributing the software if asked to do so by Bardon Data Systems.
2) After purchasing, Bardon Data Systems grants you a non-exclusive license to use one copy of the software, on one computer, and make one copy of it for archival purposes. For purposes of this section, "use" means loading the software into RAM, as well as installation on a hard disk or other storage device. You may access the software from a hard disk, or any other method you choose, so long as you otherwise comply with this agreement. You may not install the purchased version of the software onto a network server or in any other way make it available to more than one user at a time unless you have arranged in advance for a multi-user license; make copies of the software other than one backup copy solely for archival purposes; sell, furnish, transmit, or give away the software such that the software is exploited in a commercial way; or sublicense, rent, lease, or otherwise market the software. You may permanently transfer the software to another owner only by providing written notice of such transfer to Bardon Data Systems.
3) An upgrade replaces a previous version. It does not provide an additional license. When upgrading you must cease using the previous version, and also ensure that it is not used by anybody else.
4) The software can be returned for refund within thirty days of the purchase date, when accompanied by a return authorization number which has been obtained from Bardon Data Systems. Shipping/handling fees are not refundable.
LIMITED WARRANTY: Bardon Data Systems warrants that the software distribution disk will remain free from defects for 90 days after you have received the software. In the event of a breach of this warranty, Bardon Data Systems will, at its option, either replace the disk or refund the software purchase price. Bardon Data Systems does not warrant that the software will fill your requirements; or that the software will operate without interruptions; or that the software is free from errors. Bardon Data Systems does not warrant that the software is fault-tolerant. It is not intended for use in environments requiring fail-safe performance, such as nuclear facilities, air traffic control, or life support equipment, in which the failure of the software could lead directly to death, injury, or severe physical or environmental damage.
This warranty is in lieu of all other warranties, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the software, or the documentation, or fitness for a particular purpose. Neither Bardon Data Systems nor anyone else who has been involved in the creation, production or delivery of this product shall be liable in any event for special, incidental, or consequential damages in connection with, or arising out of, the furnishing, performance, or use of the software, including any lost profits or lost data, even if Bardon Data Systems has been advised of the possibility of such losses or damage.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. If so, the above limitations may not apply to you.
In no case shall any liability exceed the purchase price for the software.
This agreement shall be governed by the laws of the State of California and shall inure to the benefit of Bardon Data Systems and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a State or Federal Court of competent jurisdiction located in Alameda County, California. The parties hereby consent to in personam jurisdiction of said courts.
Bardon Data Systems may revoke any permissions granted here, by notifying you in writing. All rights not expressly granted here are reserved to Bardon Data Systems. This agreement can be modified only in writing by a document signed by both you and Bardon Data Systems.
U.S. GOVERNMENT INFORMATION: Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to the restricted rights applicable to commercial computer software as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (DFARS 52.227-7013). The Contractor/manufacturer is Bardon Data Systems, 11164 Solano Ave #415, Albany CA 94706.
Software and documentation protected by trade secret provisions and copyright 1995,1997 Barry Smiler, Bardon Data Systems, 1164 Solano Ave. #415, Albany CA 94706.
