IMPORTANT – READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Winterwind Inc. for the Massage Business Manager website product, which includes a website and associated media and printed materials (collectively, the "Website"). By using the Website, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the Website. The Massage Business Manager is a website that you will login to, and there is no software to install.
LICENSE GRANT. Winterwind Inc. grants you a non-exclusive and non-transferable license to login to the Website for the purposes of managing your massage business. This license is limited to use by a single user on a single device.
INTELLECTUAL PROPERTY. The Massage Business Manager website is owned by Winterwind Inc. and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge that there is no title to the intellectual property in the Website you are logging into. You further acknowledge that title and full ownership rights to the Website will remain the exclusive property of Winterwind Inc., and you will not acquire any rights to the Website except as expressly set forth in this EULA.
RESTRICTIONS. You may not copy, modify, distribute, sell, rent, lease, sublicense, or transfer the Website, or any portion thereof, except as expressly provided in this EULA. You may not reverse engineer, decompile, or disassemble the Website, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Website. You may not remove or alter any proprietary notices or labels on the Website.
TERM AND TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling and destroying all copies of the Website. This EULA will terminate automatically without notice from Winterwind Inc. if you fail to comply with any provision of this EULA. Upon termination, you must uninstall and destroy all copies of the Website.
WARRANTY DISCLAIMER. THE Website IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WINTERWIND INC. DOES NOT WARRANT THAT THE Website WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE Website WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY. IN NO EVENT WILL WINTERWIND INC. BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR USE, EVEN IF WINTERWIND INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WINTERWIND INC. HAVE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA EXCEED THE AMOUNT PAID FOR THE Website.
GENERAL PROVISIONS. This EULA is governed by and constructed in accordance with the laws of the province of British Columbia, Canada, without giving effect to any principles of conflicts of law. If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. This EULA constitutes the entire agreement between you and Winterwind Inc. and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter of this EULA. This EULA may not be modified except in writing signed by an authorized representative of Winterwind Inc.
Questions about this EULA can be directed to anthony [@] winterwind.com