Terms of Service and Product License Agreement
TERMS OF SERVICE AND PRODUCT LICENSE AGREEMENT
Please read this License Agreement carefully. Upon acceptance of the terms and conditions set forth in this License Agreement, as indicated by you pressing the "I Agree" button and/or accessing any Product content or this website, you are hereby granted a non-exclusive, revocable, limited use license to make use of the Product and/or Site, as further described herein. If you do not agree with the conditions set forth in this Agreement, you may choose the "I Disagree" button and request an immediate refund (prior to accessing to the Product contained on the Site). Once you access the Product you purchased, you agree to be bound by this License Agreement, and refunds (if any) are governed by the Money-back Guarantee you were offered at time of purchase.
All content contained within the WinningWare.com and associated websites (the "Site") and WinningWare products available for sale on this Site, hereinafter collectively referred to as "Product", are governed by this License Agreement.
All content, literary work, concepts and ideas contained within, conveyed by and accompanying the Product and/or Site belongs to and is the sole property of WinningWare.com (hereinafter referred to as "WinningWare") and its use is governed by this LICENSE AGREEMENT (hereinafter referred to as "Agreement" or "License Agreement").
Reproduction, copying, or any other form of unauthorized use of the intellectual property contained within this Site or Product is strictly forbidden without the express written consent from WinningWare.com., except as provided for herein.
Techniques and methods disclosed by Site and/or Product which are not already in the public domain may not be disclosed, published, sold, transferred or otherwise expressed (except for your own use of these techniques for purposes of marketing and promoting your business).
WinningWare.com, its authors, employees, directors and officers assume no liability or responsibility whatsoever for any decisions, actions, results or lack of results, arising from any technique or recommendation that is made herein. You are urged to learn from the techniques presented, verify your own results through actual testing and validation as you learn what works best for you and your own business and particular situation.
The authors and publisher of the Site and Product and all accompanying materials have used their best efforts to provide the best possible information, yet your use of this material is entirely at your own risk. WinningWare.com, its authors, publisher and affiliates make no representation or warranties of any kind with respect to accuracy, fitness, applicability, or completeness of the content of this Product.
WinningWare.com hereby disclaims any warranties (express or implied), including merchantability or fitness for a particular purpose. In no event shall WinningWare, its authors, publisher or affiliates be held liable for any loss or other damages, including but not limited to special, incidental, consequential or other damages. As always, proper advice for legal, accounting, tax, business or other matters should be sought. WinningWare does not warrant the performance, effectiveness or applicability of any website mentioned or referenced in Product or accompanying materials.
All links are for informational purposes only and are not warranted for content, accuracy, or any other implied or explicit purpose.
WinningWare grants to end-user (you) a non-exclusive license to use of the Product, subject to the terms of this License Agreement, and as may be further described on WinningWare Web Sites, and as follows:
By purchasing a license to this Product, you are entitled to perpetual, paid-up use of the currently installed version of the Product, along with periodic updates (fixes) published for this same version of the Product; e.g., version 1.0a. Should new, major upgrade versions (e.g., "2.0") of the Product be published, a reasonable Upgrade Fee may be optionally charged for use of such new version.
You shall not use the Product if you do not fully agree to, become a party to, and abide by, without exception, all rules, regulations and terms and conditions contained in this License Agreement. This License Agreement remains in effect so long as the Product is installed or used by you, unless explicitly terminated, in writing, by you.
Upon termination of this License Agreement, you agree to cease using the Product, the techniques, methods and processes you have learned from the Product and to destroy all copies of the Product you have in your possession, on your PC, stored in email accounts or otherwise stored electronically, in hardcopy or other physical or non-physical form.
2. LICENSE RESTRICTIONS
You may not:
(a) permit other unlicensed individuals to use the Product unless such other individuals agree to accept the terms of this Agreement and pay WinningWare any applicable fees or dues required to properly license the use this Product by purchasing a licensed copy of the Product. This Product is licensed for use by the individual user who is named and associated with the purchase receipt of the Product, and is not transferrable to others;
(b) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Product;
(c) defeat or attempt to defeat any copy-protection or license enforcement mechanisms provided with the Product;
(d) rent, lease, transfer, timeshare, sublicense or otherwise transfer rights to the Product;
(e) remove any proprietary notices or labels on or within the Product; or
(f) use the Product for any reason other than your own use in promoting your own business as an end-user of Product;
(g) post the Product on any Internet file or web sites, or in other public forums, without the express written consent of an authorized officer of WinningWare.com.
(a) Install or use the Product for individual, personal use and business upon on up to three (3) personal computers, provided that only the licensed end-user associated with the Product's original purchase (you) makes use of the Product on each of those PC machines. If more than a single human user makes use of the Product installed on more than a single PC, then a separate license is required for each such human user (or a multi-user license, if available);
(b) Make backup copies of the Product, where applicable, for safekeeping and in order to recover the Product in the event of a machine failure (if applicable).
3. LIMITED WARRANTY
WinningWare does not warrant that your use of the Product will be uninterrupted or that the operation of the Product will be error-free or secure. In the event that this warranty is breached, WinningWare's only obligation under this Agreement and your sole remedy is, solely at WinningWare's option, to either (a) replace your Product with new Product supplied by WinningWare of the same type, value and price actually paid by you; or (b) terminate this Agreement and refund any unused fees, if any, paid by you to purchase your license to the Product.
4. LIMITATION OF LIABILITY
WinningWare is not responsible for any losses incurred by you in your business. You accept any and all risks associated with your decisions, whether or not such decisions are based in whole or part upon information provided by the Product.
The Product and Site are provided "AS IS." THERE ARE NO WARRANTIES OF ANY KIND AS TO THE SOFTWARE'S IMPLIED MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE, EVEN IF WinningWare HAS BEEN ADVISED OF THAT PURPOSE. WinningWare WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF WinningWare HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
WinningWare may terminate this Agreement at any time, with or without cause, should you violate the terms of this Agreement or fail to render full payment as agreed upon at time of sale. You may terminate this Agreement, with or without cause. Upon termination of this Agreement, you agree to cease use of Product and Site, destroy all backup copies or other Product materials you have downloaded and cease use of and access to the Product. Upon termination of this Agreement, you agree that WinningWare may retain all monies paid for Product, except as expressly provided for in Money-back Guarantee (if any) associated with Product purchase.
All content, video, text and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of this site, which reserves all rights.
Site and Product Limitation of Liability
THIS SITE AND PRODUCT PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE THIS SITE FORUMS AND THAT YOUR USE OF THIS SITE FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE THIS SITE FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.