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This software may require a Product Key in order to be installed. If one is needed, please email a Product Key Request with the product's serial number to Vinpower Support
tech@vinpowerdigital.com
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Terms and Conditions of Use |
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INSTALLATION UTILITY End User License Agreement
BE SURE TO READ THIS INSTALLATION UTILITY END USER
LICENSE AGREEMENT ("AGREEMENT") BEFORE TRYING TO USE
THIS INSTALLATION UTILITY.
VINPOWER INC. ("VINPOWER") GRANTS YOU THE RIGHT TO USE
THIS INSTALLATION UTILITY ONLY IF YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE
INSTALLATION UTILITY IS LICENSED, AND NOT SOLD, TO YOU
BY VINPOWER, AND MAY BE USED ONLY FOR THE LIMITED
PURPOSES ALLOWED UNDER THE TERMS OF THIS AGREEMENT.
BY INSTALLING, USING, OR COPYING THIS INSTALLATION
UTILITY, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF, FOR ANY REASON, YOU DO NOT WISH TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL
THIS INSTALLATION UTILITY, AND IMMEDIATELY DELETE ANY
FILE(S) YOU DOWNLOADED.
Article 1: License
VINPOWER grants you the right to use this INSTALLATION
UTILITY and its related documentation ("Product")
subject to the terms and conditions of this Agreement.
Article 2: Prohibition Against Copying
1. You may not reverse engineer, decompile, disassemble,
modify, improve, or otherwise make changes to this
INSTALLATION UTILITY or any component thereof. Also, you
may not create any derivative works from this Product.
2. You may not resell, hand over, lease, or transfer,
this Product or any component thereof, or export it to a
destination outside of the country where you downloaded
it, without prior permission from VINPOWER. You are not
allowed to distribute this Product or make it available
for use by any other means (including publication on the
World Wide Web).
Article 3: Reversion of Rights
Except as stipulated in this Agreement, all copyrights
to this Product and all other incidental rights shall
revert to VINPOWER.
Article 4: Limited Warranty
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, AND VINPOWER EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING
THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER
THE LAWS OF ANY JURISDICTION. LICENSOR EXPRESSLY
DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OTHER
THAN AS SET FORTH IN THIS AGREEMENT INCLUDING THOSE MADE
BY EMPLOYEES OR AGENTS OF VINPOWER. IF APPLICABLE LAW
IMPLIES ANY WARRANTIES OR CONDITIONS WITH RESPECT TO THE
INSTALLATION UTILITY, ALL SUCH WARRANTIES OR CONDITIONS
ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE
DATE OF DELIVERY.
2. VINPOWER expressly disclaims the INSTALLATION
UTILITY's ability to operate properly or to be free of
defects, or to produce any particular result; and does
not state that it will make any correction of defects in
the Product in the future.
Article 5: Limitation of Liability
IN NO EVENT WILL VINPOWER OR ITS SUPPLIERS BE LIABLE TO
YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS,
EVEN IF AN VINPOWER REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY
TO YOU.
Article 6: Upgrades
1. VINPOWER is under no obligation under this Agreement
to provide any bug fixes, upgrades or future versions of
the INSTALLATION UTILITY to you or to any other party.
2. Should you ever obtain an upgrade of this
INSTALLATION UTILITY, the terms and conditions of this
Agreement shall also apply to the upgrade, and your
right to use the pre-upgrade version of the INSTALLATION
UTILITY shall be considered terminated.
Article 7: Termination
VINPOWER reserves the right to terminate this Agreement
at any time if you are in breach of any of its terms and
conditions, copyright laws, or any other applicable laws
or regulations. In such a case, the license granted to
you under Article 1 of this Agreement shall be
automatically terminated, and you shall be obliged to
cease using the INSTALLATION UTILITY and destroy any
installed copies of the INSTALLATION UTILITY and all
backup copies. Termination is not the sole remedy under
this Agreement and, whether or not termination is
effected, all other remedies, legal and equitable, will
remain available.
Article 8: Product Modifications
This Product is subject to change without notice.
Article 9: Governing Law
1. This Agreement and all disputes arising under it
shall be governed by the laws of USA.
Article 10: General
1. Neither this Agreement nor any rights hereunder may
be assigned by you without the prior written consent of
VINPOWER. Any attempted assignment in violation of this
section will be void and without effect. Subject to the
foregoing, this Agreement will benefit and bind the
parties' successors and assigns.
2. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter
hereof and supersedes all prior discussions, documents,
agreements and prior courses of dealing.
3. If any provision of this Agreement shall be held by a
court or other tribunal of competent jurisdiction to be
unenforceable, in whole or in part, such provision shall
be modified to the minimum extent necessary so that this
Agreement shall otherwise remain in full force and
effect and enforceable.
4. The failure of either party at any time to enforce
any right or remedy available to it under this Agreement
with respect to any breach or failure by the other party
shall not be construed to be a wavier of such right or
remedy with respect to any other breach or failure by
the other party.
5. The following provisions shall survive any
termination or expiration of this Agreement: Article 2,
Article 3, and Article 5.
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