NextWindow Software License Agreement
BEFORE COPYING OR USING THE DRIVER SOFTWARE MADE AVAILABLE ON THIS PAGE ("SOFTWARE"), YOU MUST READ AND AGREE TO THE FOLLOWING TERMS (“EULA”) BY CHECKING THE "I AGREE" BOX. IF YOU DO NOT READ AND AGREE TO THESE TERMS, YOU MAY NOT COPY OR USE THE SOFTWARE. BY CHECKING "I AGREE", OR BY PROCEEDING TO USE OR COPY THE SOFTWARE, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS.
Subject to these terms, NextWindow Ltd. ("NextWindow") hereby grants to you a nonexclusive, revocable, nontransferable license to copy and use the Software solely as necessary for your in-house development of applications for Windows7 utilizing an HP Touchsmart computer model IQ504, IQ506, IQ804 or IQ816, and to distribute the Software together with such applications you develop (but not separately). You may not modify, adapt, alter, translate, or create derivative works of the Software, or otherwise copy, use or distribute the Software for any other purpose.
NextWindow does not grant you any license to its trademarks or service marks and does not endorse your development, nor does it claim any endorsement by Microsoft Corporation or Hewlett-Packard Company. You agree to use the Software only in a lawful manner. You further agree to indemnify NextWindow from any liabilities, damages and expenses arising from or related to your use or copying of the Software or your breach of this EULA.
At any time and for any reason, NextWindow may terminate this license in its sole discretion by giving notice to you, in which case you agree to promptly delete the copies of the Software you or your agents will have made and cease all further use and copying of the Software.
Because it is provided free of charge, THE SOFTWARE IS FURNISHED TO YOU ON AN "AS-IS" BASIS WITHOUT ANY WARRANTY. NEXTWINDOW HEREBY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Without limiting the foregoing, NextWindow does not warrant that the Software will function error-free or without interruption, and you assume all risk and liability associated therewith.
IN NO EVENT WILL NEXTWINDOW BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, OR FOR ANY LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SOFTWARE, EVEN IF NEXTWINDOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NextWindow retains ownership of the Software and all intellectual property rights related thereto. There are no implied licenses granted by these terms, and all rights not expressly granted are reserved. These terms will be governed by the laws of the State of California, without giving effect to any conflicts of laws principles that would require the application of the laws of a different state. These terms may not be assigned to any third party without NextWindow's written consent, and any assignment in violation of the foregoing will be null and void. These terms constitute the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
Thank you for reading this agreement.