END USER LICENSE AGREEMENT

Terms and Conditions of the Vin65 Early Adopter Program

Vin65 licenses this software product or service to you subject to the terms contained in this end user license agreement (this "agreement" or "EULA"). Read the terms and conditions of this agreement carefully before using this computer software or service and the accompanying documentation.

The software or service is copyrighted and it is licensed to you under this EULA. By copying or otherwise using the software or service, you agree to be bound by the terms of this EULA. If you are not willing to be bound by the terms of this EULA, do not use the software or service.

This EULA is a legal agreement concerning the software or service between you, as either an individual or a single business entity and Vin65.

Assent to Be Bound

By submitting an application on the Early Adopter tester page, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not use the software or service.

Grant of License

This EULA grants you a limited non-exclusive license to use the software product solely for testing purposes.

Rights

All right, title and interest in and to the software product and any copies of the software product made by you are exclusively owned by Vin65.  The software product is protected by copyright laws, other laws, and international treaty provisions.  Therefore, you must treat and protect the software product like any other protected material.  You may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the software product or any copy you make of the software product.  Except as specifically provided for in this EULA, Vin65 reserves all its other rights.

Description of Limitation of Rights

Prohibition on Reverse Engineering, Decompilation, and Disassembly:  The source code underlying the software product constitutes a trade secret.  Thus, you may not reverse engineer, decompile, or disassemble the software product, except as permitted by applicable law and to the extent that Vin65 is not permitted by such applicable law to exclude or limit such rights.  Information relating to the software product which is necessary to enable the production of software which is interoperable with the software product (or with other software) may be available from Vin65.

DISCLAIMER

THE ALPHA AND BETA SOFTWARE OR SERVICE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE SOLE PURPOSE OF PROVIDING VIN65 WITH FEEDBACK ON QUALITY, USABILITY, PERFORMANCE AND THE IDENTIFICATION OF DEFECTS.

LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.  THE POSSIBILITY OF THE CORRUPTION OF DATA AND/OR THE LOSS OF DATA EXISTS.  VIN65 ENCOURAGES YOU TO BACKUP ALL DATA AND INFORMATION.  YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE USE OF THE SOFTWARE OR SERVICE.

VIN65 EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOU REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE AUTHOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU ALSO AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY (i) DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, OR CONTENT DISTRIBUTED THROUGH THE SOFTWARE PRODUCT, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.

Accessing the Program

Once you submit your application, the Vin65 team will reach out with details on how to log in to the Alpha/Beta tools. The Early Adopter Program is not available on a user by user basis and is only available website-wide; if you have multiple sites on Vin65, how a feature is released to your various websites will depend on a feature-by-feature basis, and a feature released to your parent site may automatically apply to all child sites. By joining the program you will gain access to all new features and may or may not be able to opt-out of individual features. 

Confidentiality

You agree that, unless otherwise specifically provided herein or agreed by Vin65 in writing, the software and the documentation, including the specific design and structure of individual programs and the software, provided to you by Vin65 constitute confidential proprietary information of Vin65. You shall permit only authorized users to use the software or to view the documentation.

You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Vin65. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the software provided to you by Vin65. You will use your best efforts to cooperate with and assist Vin65 in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof.

Feedback

As part of using the Product or Service, Vin65 will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Product or Service. You agree that in the absence of a separate written agreement to the contrary, Vin65 will be free to use any feedback you provide for any purpose.

Early Adopter-Software or Service Product Support

Vin65 is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software or Service will be corrected.

For questions or to opt out of the program, please contact support@winedirect.com.