NativeWinds Shareware EULA

Software: Tomahawk Gold

BY RUNNING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU 

DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT EXECUTE IT.
LICENSE GRANT.

NativeWinds Software grants you a non-exclusive license to use the Software free of charge for the 30 day trial period. This License does not entitle you to hard-copy documentation, support.

NativeWinds License Statement And Limited Warranity

IMPORTANT - READ CAREFULLY This license statement and limited warranty constitutes a legal agreement ("License  Agreement") between you (either as an individual or a single entity) and NativeWinds LLC ("NativeWinds") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

If you are the original purchaser of the Software and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund.

If you are accepting this License Agreement on behalf of a corporation, partnership or other legal entity, the use of the terms "you" and "your" in this License Agreement will refer to such entity.

TERMS AND CONDITIONS

1. GRANT OF LICENSE.
a. Subject to the terms and conditions of this License Agreement, NativeWinds grants to you a personal, nonexclusive, nontransferable and limited license to install and use the Software for the purposes set forth herein. Unless you have purchased additional licenses from NativeWinds, you may only install and use a single copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software. If you are an entity, NativeWinds grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided herein. If you have purchased additional licenses from NativeWinds or a NativeWinds authorized reseller, you may install and use the number of copies of the Software up to the number of users, CPU's, servers and/or at the sites granted to you in writing by NativeWinds ("Licensed Copies").

b. This Software is owned by NativeWinds or its suppliers and is protected by copyright law, international copyright treaties, as well as other proprietary notices. Therefore, you must treat this Software like any other copyrighted material (e.g., a book) and you agree that the total number of copies of the Software used by you may not exceed the number of Licensed Copies paid for by you, except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.

c. Subject to the further terms and conditions of this License Agreement, the term of this license is perpetual (unless terminated as provided below). You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this License Agreement.

2. LICENSE RESTRICTIONS.
a. Except as provided in this License Agreement, you receive no rights and agree not to transfer, rent, lease, lend, copy, modify, translate, port, localize, create derivative works of, market, distribute, sublicense, time- share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of NativeWinds and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. As a confidential trade secret, you shall use your best efforts to protect the proprietary or confidential information supplied by NativeWinds in its Software in the same manner in which you would protect your own proprietary or confidential information, but not less than reasonable precautions to protect such proprietary or confidential information and you shall not use such proprietary or confidential trade secret for your own benefit or the benefit of any other person or entity, except as may be specifically permitted hereunder.

b. If you have purchased an upgrade version of the Software, it constitutes a single product with the NativeWinds software that you upgraded. You may use or transfer the upgrade version of the Software together with the original only in accordance with this License Agreement.

GENERAL TERMS THAT APPLY TO COMPILED WORKS AND REDISTRIBUTABLES You may not reproduce or distribute any NativeWinds documentation without NativeWinds's permission.

The license granted in this License Agreement for you to create the Works and distribute your Works and the Redistributables (if any) is subject to all of the following conditions: (i) you may not remove or alter any NativeWinds copyright, trademark or other proprietary rights notice contained in any portion of NativeWinds libraries, Redistributables or other files that bear such a notice; (iii) all rights and obligations of the parties here are personal to them and this License Agreement is not intended to benefit nor shall it be deemed to give rise to, any rights in any third party; consequently, NativeWinds provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the Software.

All NativeWinds Software provided under this License Agreement, including but not limited to libraries, Redistributables and other files remain NativeWinds's exclusive property. NativeWinds will retain all right, title and interest in and to the libraries, Redistributables and other files, including the Intellectual Property contained in such property (including but not limited to, ownership of all copyrights, patents, trademarks, service marks worldwide).

3. LIMITED WARRANTY 
a. Software provided under this License Agreement, including but not limited to libraries, Redistributables and other files are provided "as is," without warranty of any kind except as expressly provided in this paragraph. NativeWinds warrants that, except with respect to the Redistributables, the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

b. NativeWinds's and its suppliers' entire liability and your exclusive remedy shall be, at NativeWinds's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet NativeWinds's Limited Warranty and which is returned to NativeWinds with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by NativeWinds are available without proof of purchase from an authorized non-U.S. source.

c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NATIVEWINDS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. NATIVEWINDS DOES NOT WARRANT THAT THE NATIVEWINDS SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE NATIVEWINDS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

4. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NATIVEWINDS OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) WHETHER BASED ON PRINCIPLES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF  NATIVEWINDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NATIVEWINDS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A NATIVEWINDS SUPPORT SERVICES AGREEMENT, NATIVEWINDS ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, intended, or licensed for use in line control equipment or in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support 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"). Without limiting the generality of the foregoing, NativeWinds and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

6. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and any accompanying documentation are "Commercial Items", as that term is defined at 48 CFR Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 CFR Sections 12.212 and 227.7202, as applicable. Consistent with 48 CFR Sections 12.212 or 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States. Manufacturer is NativeWinds Software, 1448 MT Hwy 2 West, Whitehall, MT 59759.

7. TERMINATION Your license to use the Software shall become effective on the date you agree to the terms and conditions of this License Agreement. Your license to use the Software shall terminate automatically if you fail to comply with the limitations described in this License Agreement. No notice shall be required from NativeWinds to effectuate such termination. Upon expiration or termination of this License Agreement for any reason, you shall make no further use of the Software and shall destroy all copies of the Software and all of its component parts on all systems, in all forms, in all types of media and computer memory, and whether or not modified or combined with other materials.

8. GENERAL PROVISIONS This License Agreement is governed by the laws of the State of Montana, U.S.A., excluding its or any other jurisdiction's choice of law rules and excluding the United Nations Convention for Contracts for the International Sale of Goods, and you further consent to the exclusive jurisdiction by the state and federal courts sitting in Jefferson County in the State of Montana for any dispute regarding this License Agreement. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. NativeWinds reserves all rights not specifically granted in this License Agreement.This License Agreement will not be modified except by a properly executed written agreement. Any terms and conditions of any purchase order or other instrument issued by you in connection with this License Agreement which are in addition to, inconsistent with or different from the terms and conditions of this License Agreement will be of no force or effect. If any provision of this License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.Failure by either party at any time to enforce any obligation by the other party, to claim a breach of any term of this License Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under this License Agreement, will not affect any subsequent breach, and will not prejudice either party as regards any subsequent action. Except as expressly permitted hereby, you may not assign any rights or obligations under this License  Agreement without the prior consent of NativeWinds.

The provisions of this License Agreement that by their nature and content are intended to survive the performance hereof shall so survive the completion and termination of this License Agreement.