Terms of Use

Short version: It's free! Long version (...the one nobody understands!) 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. 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.
© 2006 Javier Hernandez. All rights reserved.