Kuwinda End User License Agreement (EULA)
By installing, copying, or otherwise using this Software, you are agreeing to be bound by the terms of this EULA, including the WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, and TERMINATION PROVISIONS. If you do not agree to the terms of this EULA do not install or use the Software.
1. The Software supplied by Kuwinda is licensed, not sold, under the terms of this EULA and Kuwinda reserves all rights not expressly granted to you. Kuwinda retains the ownership of the Software at all times.
2. Software License:
- Kuwinda grants you a license to use 1 (one) copy of the Software. You may not modify or disable any licensing or control features of the Software.
- This Software is licensed to operate on only 1 (one) domain unless otherwise stated.
3. License Restrictions:
- By accepting this EULA you are agreeing not to reverse engineer, decompile, or disassemble the Software Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You are the exclusive licensee of the Software and sharing any source code of the Software with any individual or entity is a violation of copyright laws and international treaties and cause for license termination.
- Modifying any portion of the Software source code or asking any individual or entity to modify the Software source code is a violation of copyright laws and international treaties and cause for license termination.
4. Proprietary Rights: All title and copyrights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software are owned by Kuwinda unless otherwise stated.
5. Termination Rights: Without prejudice to any other rights, Kuwinda may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts, and Kuwinda may suspend or deactivate your use of the Software with or without notice.
6. Kuwinda does not warrant that the operation of the Software will be uninterrupted or error free.
7. Kuwinda is not responsible for problems resulting from improper or inadequate maintenance or configuration; software or interface routines or functions NOT developed by Kuwinda; unauthorized specifications for the Software; improper site preparation or maintenance; Beta Software; encryption mechanisms or routines.
8. The user assumes the entire risk of using the Software. IN NO EVENT WILL KUWINDA OR ITS SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOST SAVINGS) OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE EVEN IF A KUWINDA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Distribution and Backups:
- DISTRIBUTION OF THE REGISTERED VERSION OF THE Software IS STRICTLY PROHIBITED and is a violation of United Kingdom copyright laws and international treaties punishable by severe criminal and civil penalties.
- You may make copies of the Registered Version of the Software for backup purposes only. All backup copies must be an exact copy of the original Software.
10. Refunds Policy: Refunds are only issued for software failure. Refunds are not issued for server failure/issues, lack of features or if your server does not meet the Software Requirements. Refunds are determined on individual circumstances and only issued once our technical staff determine that the software has a fault causing it to not run on your server. Installation or integration charges are not refundable under any circumstances. Refunds are not available after 28 days from purchase date.