WinUtilis
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Terms of Use
BY RUNNING THIS WINUTILIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST
STOP USING THE SOFTWARE AND REMOVE IT FROM YOUR COMPUTER.
WINUTILIS TERMS OF USE
WinUtilis reserves the right to update the Terms of Use at any time without
notice to you. The most current version of the Terms of Use can be reviewed by
clicking on the "Terms of Use" hypertext link located at the bottom of our Web
pages.
You may:
* WinUtilis grants you a non-exclusive license to use the Software
free of charge only if you downloaded the software yourself directly from
WinUtilis website.
You may not:
* redistribute the software in any way;
DISCLAIMER OF WARRANTY.
Software is provided on an "AS IS" basis, without warranty of any kind,
including without limitation the warranties of merchantability, fitness for a
particular purpose and non-infringement. The entire risk as to the quality and
performance of the Software is borne by you. Should the Software prove
defective, you and not WinUtilis assume the entire cost of any service and
repair. In addition, the security mechanisms implemented by WinUtilis software
have inherent limitations, and you must determine that the Software sufficiently
meets your requirements. This disclaimer of warranty constitutes an essential
part of the agreement. Some jurisdictions do not allow exclusions of an implied
warranty, so this disclaimer may not apply to you and you may have other legal
rights that vary by jurisdiction.
TITLE AND INTELLECTUAL PROPERTY RIGHTS.
Title, ownership rights, and intellectual property rights in the Software shall
remain in WinUtilis. The Software is protected by the copyright laws and
treaties.
HIGH RISK ACTIVITIES.
The Software 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 performance, such as, but not limited to, 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 Software could lead directly to death, personal injury, or severe
physical or environmental damage "High Risk Activities". WinUtilis specifically
disclaim any express or implied warranty of fitness for High Risk Activities.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND IN NO EVENT AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL WINUTILIS BE HELD RESPONSIBLE OR LIABLE FOR
ANY LOST REVENUES, LOST PROFITS, LOST DATA, OR OTHER SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGE OR FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR
INDIRECTLY ARISING OUT OF THE PERFORMANCE OF THE AGREEMENT OR FROM YOUR OR
ANY OTHER PARTY'S USE OF OR INABILITY TO USE THE SOFTWARE EITHER
SEPARATELY OR IN COMBINATION WITH OTHER EQUIPMENT OR FOR COMMERCIAL LOSS OF
ANY KIND, EVEN IF WINUTILIS OR HAS ADVISED IN ADVANCE OF THE POSSIBILITY OF
SUCH DAMAGES. YOU ASSUME ALL RISKS AND LIABILITY FOR LOSS, DAMAGE OR
INJURY TO YOU OR TO YOUR OR OTHERS PROPERTY ARISING OUT OF USE OR
POSSESSION OF THE SOFTWARE. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE
REMEDY.
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