CAUTION- PLEASE READ THIS SOFTWARE LICENSE AND LIMITED WARRANTY CAREFULLY BEFORE YOU OPEN ANY PACKAGE CONTAINING MEDIA (E.G., DISKETTE OR CD-ROM, ZIP FILE) WITH SOFTWARE PROGRAMS. BY OPENING THE PACKAGE AND UTILIZING THE MEDIA, YOU AUTOMATICALLY ACCEPT THIS SOFTWARE LICENSE AND LIMITED WARRANTY.
1. Instructions.
By opening this package and/or installing the Software, you agree for you and your company (you and, when applicable, your company, shall be referred to as "You" or "Your") to be bound by the terms of this Software License and Limited Warranty ("Agreement"). This Agreement applies to You and any subsequent licensee of the software program, magnetic media, and related documentation which may be provided in this media package or at our internet site (collectively "Software"). If you do not agree to this Agreement, do not open this package and (even if you have opened the package by mistake) return your GoldX product, this media and its package and all related materials (including, but not limited to, written materials, diskettes, binders, and hardware parts), to your place of purchase for a refund under its refund policy.
2. License.
Win Long USA, LLC grants to You the non-exclusive right to:
(a) Use the Software in a computer provided the Software is installed on only one computer at a time;
(b) transfer the Software to another user, but only if You transfer all the Software, and the other user agrees in writing to the terms of this Agreement.
3. Restrictions.
You may not:
(a) Make copies of the Software in any manner;
(b) loan, rent, sublicense, or transfer the Software except as permitted by this Agreement;
(c) alter, modify, or adapt the Software by any means, including, but not, limited to: translating, decompiling, disassembly, reverse engineering, or creating derivative works.
4. Ownership.
You do not own the Software but have been granted only a license to use the Software on one computer in conjunction with the use of your GoldX product. This Agreement does not transfer ownership of the Software. Ownership and all rights not expressly granted are retained by Win Long USA, LLC, and/or its licensors. Some or all of the Software may have been produced under a copyright license for Win Long USA, LLC. Ownership rights are protected by copyright laws, treaties, and other applicable law. Violation of these laws can result in civil liability and criminal prosecution.
5. Default.
If You do not comply with this Agreement, the limited warranties on the Software and the GoldX product shall terminate automatically. Win Long USA, LLC will not provide support for the Software or GoldX product if You are not in compliance with this Agreement, and except as otherwise agreed to in a separate written document.
6. Limited Warranty.
Win Long USA, LLC warrants that the Software will substantially conform to published specifications, and to the documentation in this package (if any), provided that the Software is used on hardware and with the operating system for which it was designed, and has not been misused, abused or suffered from neglect. Win Long USA, LLC also warrants that the media on which it is distributed is free from defects in material and workmanship. The warranty period is ninety (90) days from the date of purchase of the license. Win Long USA, LLC will correct or replace, at its option, any Software or media which is defective and is returned to Win Long USA, LLC within the warranty period along with your proof of purchase (e.g., copy of receipt from purchase) and a written explanation of your claim under this warranty. This is your exclusive remedy. Except as specifically provided above, THE SOFTWARE IS LICENSED "AS IS" AND WIN LONG USA, LLC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
7. Your Limited Remedies.
Because software is inherently complex and may not be completely free of errors, You must carefully follow the instructions for installation and verify the adequacy of the Software for any intended use and verify the results obtained using the Software. IN NO EVENT SHALL WIN LONG USA, LLC OR ITS LICENSORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR TORT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR IN ANY OTHER WAY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, WIN LONG USA, LLC IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE, COMPUTER OR GOLDX PRODUCT, LOSS OF DATA, THE COST OF RECOVERING SUCH SOFTWARE OR DATA, THE COST OF SUBSTITUTE SOFTWARE, OR CLAIMS BY THIRD PARTIES. The limitations on your remedies also apply to any installation and/or support provided by Win Long USA, LLC or its contractors. In no case shall Win Long USA, LLC's liability exceed the amount of the license fee paid to Win Long USA, LLC (if any) or the cost of the GoldX product, whichever may be greater. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
8. General.
(a) This Agreement supplements and amends any other written terms and conditions pertaining to the acquisition of the Software. There are no other agreements or representations relating to the Software other than those contained in this Agreement. The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. No Win Long USA, LLC dealer, distributor, agent, or employee is authorized to make any modification or addition to this Agreement, except in a writing signed by a Win Long USA, LLC officer.
(b) This Agreement is governed by the law of Michigan and the United States of America, and the courts of Michigan shall have jurisdiction over this Agreement, Win Long USA, LLC, and You.
(c) This Agreement applies to any modifications or enhancements ("Upgrade") to the Software furnished by Win Long USA, LLC. If an Upgrade is furnished, You are still restricted to using the Software on a single computer.
(d) You must promptly and accurately complete the warranty registration and return the warranty registration card to be eligible for support and service. A copy of this Agreement and proof of purchase must be available to obtain support and warranty coverage. All claims under this warranty and all questions concerning this Agreement should be addressed to: Warranty Department, Win Long USA, LLC, 2704 Paldan Dr, Auburn Hills, Michigan 48326.
You must agree to the terms and conditions of this license in order to request the driver below.
