WINTASK LICENSE AGREEMENT

 

IMPORTANT

This Software End User Licence Agreement (“EULA”) is a legal agreement between you and WinTask. Read it carefully before completing the installation process and using the Software. By installing and using the software, you agree to be bound by the terms of this EULA. If you do not agree to be bound by these terms, then select the “Cancel” button, do not install the Software and return the Software to your place of purchase for a full refund.

DEFINITIONS

The following definitions apply to the terms as they appear in the Agreement

  • “You” and “Your” refer to any person or entity that acquires or uses this Software.
  • “Computer” means a virtual or physical computer device.
  • “Internal Network” means a private network accessible only by the employees and temporary employees of Your specific company.
  • “Allowed Number” means one unless another number is specified in this license agreement title.
  • “Evaluation Version” means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Evaluation Version will cease operating after a predetermined amount of time due to an internal mechanism within the Evaluation version.

LICENSE GRANTS

  • You may install and use one copy of the Software on the Allowed Number of your compatible Computers;

OR

You may install the Allowed Number of copies of the Software on Computer file server within your Internal Network only for use of the Sofware initiated by an employee from a Computer within the same Internal Network. The total number of users (not the concurrent number of users) able to use the Software on such Computer file server may not exceed the Allowed Number.

  • If the Software is installed on a physical Computer hosting multiple virtual machines, you need to have one license of the Software per virtual machine where WinTask scripts are running. However you may install the Software on other virtual machines of the hosting Computer without buying additional licenses if on those other virtual machines, the Software is used only for doing some tests, and not for production.
  • If you install the Software on a computer for which you maintain a passive fail-over or backup server, you may use the Software on a temporary basis on that backup server, for backup support only, without obtaining an additional license.
  • If the Software is an Evaluation Version, you may install and use the Software for demonstration, test, or evaluation purposes for up to 30 days.

PROHIBITED USES

You may not:

  • Make the Software available to any person or entity other than Your employees, who must use the Software as specified above. You may, however, permanently transfer all of your rights under this ELUA only as part of a sale or transfer, provided you retain no copies ; you transfer all of the Software, and the recipient agrees to the terms of this EULA.
  • Modify the Software or merge it with another program. Any modified or merged portion of the Software is subject to this Agreement.
  • Reverse-engineer, disassemble, decompile, or make any attempt to discover the source code to the Software.
  • Translate or create derivative works based on the Software.
  • Remove, obscure, or alter any notice of the WinTask copyright or other proprietary rights related to the Software.
  • Sub-license, lend, rent, or lease the Software or any portion of the Software.
  • Copy any portion of the Software, except to make a backup copy or to transfer to a hard disk drive or other permanent storage device.
  • Transfer the Software or any direct product to any person or entity in violation of the United States Export Administration Act.

The Software involves valuable proprietary rights of WinTask and others. WinTask retains title to and ownership of the Software and all copyright, trade secret, trade name, trademark, and other property rights related to the Software, regardless of the form in which the original or other copies exist. You may not violate these rights, and You must take appropriate steps to protect WinTask’s rights. WinTask may at any time replace, modify, alter, improve, enhance, or change the Software.

Both the License and Your right to use the Software terminate automatically if You violate any part of this Agreement. In the event of termination, You must immediately destroy all copies of the Software and return them to WinTask.

LIMITED WARRANTY

TaskWare warrants that, upon delivery by TaskWare, the media on which the software is distributed will be free from defects in materials for a period of 90 days. The Software itself IS LICENSED TO YOU ON AN “AS IS” BASIS. If the media fails to comply with the warranty set forth above, TaskWare will replace the media. You must, however, return Your paid invoice to TaskWare within 90 days of the date You receive the Software.

This warranty gives You specific legal rights : in some jurisdictions You may have other rights under certain statutes which imply non-excludable warranties.

Except as set out above, and to the maximum extent permitted by law :

  1. WINTASK MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  2. WINTASK WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES EVEN IF WINTASK OR ITS AGENT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS WINTASK IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, OR LOSS OF USE OF THE SOFTWARE. IN ADDITION, WINTASK IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARE, CLAIMS BY OTHERS, INCONVENIENCE OR SIMILAR COSTS.
  3. WINTASK IS NOT LIABLE FOR ANY DAMAGES TO YOU OR ANY PERSON IN EXCESS OF THE PRICE YOU PAID FOR THE LICENCE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
  4. ADDITIONAL STATEMENTS BY AGENTS, EMPLOYEES, DISTRIBUTORS AND DEALERS OF WINTASK, SUCH AS DEALER ADVERTISING OR PRESENTATIONS, DO NOT CONSTITUE WARRANTIES OR CONDITIONS BY WINTASK, DO NOT BIND WINTASK AND SHOULD NOT BE RELIED UPON.

This warranty does not cover claims based on the fact that the disk or material has been lost, stolen or damaged by accident, misuse or unauthorized modification.