DISCLAIMER OF WARRANTIES
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE NEXTGEN WIDGET ENCRYPT IS PROVIDED TO YOU ON AN "AS IS" BASIS. THE LICENSOR NEXTGEN WIDGET ENCRYPT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR HARDWARE OR SOFTWARE COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING YOUR PARTICULAR BUSINESS OR INTENDED USE, OR OF THE SOFTWARE'S RELIABILITY, PERFORMANCE OR CONTINUED AVAILABILITY. THE LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR CALCULATIONS OR PRINTS OR EXPORT DATA MADE THEREOF WILL BE FREE FROM VIRUSES, MALWARE, TROJAN HORSES OR ANY OTHER DEFECTS OR ERRORS AND THAT ANY SUCH EFFECTS OR ERRORS WILL BE CORRECTED, OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. HOWEVER, THE LICENSOR DOES NOT PUT VIRUSES, MALWARE OR TROJANS IN THE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH DEFECTS, ERRORS OR INTERRUPTIONS. FURTHER, THE LICENSOR DOES NOT REPRESENT AND WARRANT THAT THE SOFTWARE DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHT OF ANY OTHER PERSON. YOU ACCEPT RESPONSIBILITY TO VERIFY THAT THE SOFTWARE MEETS YOUR SPECIFIC REQUIREMENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT OR OTHERWISE, WHETHER BY WAY OF INDEMNIFICATION OR OTHERWISE, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR REVENUE, LOST PROFITS OR EXPECTED BENEFIT NOT ACHIEVED, WHETHER FORESEEABLE OR NOT, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY OR STATUTE OR OTHERWISE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, RELATING TO THE SOFTWARE OR YOUR USE THEREOF, OR INABILITY TO USE THE SOFTWARE WHETHER OR EVEN IF THE LICENSOR HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WITHOUT REGARD AS TO WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR NOT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LICENSOR HAS NO OBLIGATION TO PROVIDE AND YOU SHALL HAVE NO RIGHT TO SEEK ANY REMEDY FOR ANY DEFECT, ERROR OR FAILURE OF THE SOFTWARE.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEIR NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION.
THE LICENSOR SHALL NOT HAVE ANY LIABILITY TO YOU OR THIRD PARTIES FOR THE LOSS OF INFORMATION OR OTHER LOSS RELATING TO THE SOFTWARE OR THE USE THEREOF OR FOR THE INTERPRETATION OF THE DESIGN NORMS OR DESIGN STANDARDS AND THEIR NATIONAL ANNEXES OR NATIONAL NON-CONTRADICTORY COMPLEMENTARY INFORMATION (NCCI) DOCUMENTS. THE INTERPRETATION OF THE TYPE APPROVALS OR CERTIFICATES OF PRODUCTS INCLUDED IN THE SOFTWARE, THE CALCULATIONS OR PRINTS OR DESIGNS OR EXPORT DATA OUTPUT FROM THE SOFTWARE, OR OTHERWISE OF THE ACCURACY, RELIABILITY, CONTINUED AVAILABILITY OF THE SOFTWARE. THE LICENSOR SHALL HAVE NO DUTY TO VERIFY, CORRECT, COMPLETE OR UPDATE THE SOFTWARE.
THE LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT ARE VALID TO THE EXTENT AS PERMITTED BY THE APPLICABLE MANDATORY LAW. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO THE DISCLAIMERS OF WARRANTIES AND THE LIMITATIONS ON LIABILITY AND REMEDIES CONTAINED IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE IS BEING PROVIDED TO YOU WITHOUT A FEE OR WITH A REASONABLE FEE, THAT THE DISCLAIMERS AND LIMITATIONS ARE MATERIAL PROVISIONS OF THIS AGREEMENT AND THAT THE LICENSOR WOULD NOT MAKE THE SOFTWARE AVAILABLE TO YOU IF SUCH DISCLAIMERS AND LIMITATIONS WERE DELETED OR MODIFIED TO BE MORE FAVORABLE TO YOU.
YOUR USE OF THE SOFTWARE
YOU AGREE THAT THE SOFTWARE IS PROVIDED TO YOU ENTIRELY FOR USE AT YOUR OWN RISK, ALTHOUGH THE LICENSOR HAS USED COMMERCIALLY REASONABLE EFFORTS TO CONTROL AND UPDATE THE SOFTWARE AND TO VERIFY THAT THE SOFTWARE CALCULATES ACCORDING TO THE VALID TIMBER DESIGN STANDARDS, THEIR NATIONAL ANNEXES AND NATIONAL NONCONTRADICTORY COMPLEMENTARY INFORMATION (NCCI) DOCUMENTS. AT ALL TIMES YOU SHALL USE THE LATEST UPDATED VERSION OF THE SOFTWARE. YOU MAY NOT USE THE SOFTWARE FOR ANY MISSION CRITICAL OR REAL TIME APPLICATIONS AND IT IS AN EXPRESS REQUIREMENT OF THIS AGREEMENT THAT ANY OUTPUT FROM THE SOFTWARE IS THOROUGHLY CHECKED PRIOR TO IMPLEMENTATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE DOES NOT ELIMINATE THE NEED TO CARRY OUT AN EXPERT CONTROL OF THE DESIGN.
REFUND POLICY
WE HAVE A "NO REFUND" POLICY ON TRY-BEFORE-YOU-BUY SO PLEASE EVALUATE THE SOFTWARE BEFORE PURCHASE.
AFTER PAYMENT APPROVAL WE WILL SEND YOU AN ACTIVATION KEY TO UNLOCK OUR SOFTWARE. THIS KEY CAN BE USED INDEFINITELY AND ONLY REQUIRES THE PURCHASE OF AN ADDITIONAL LICENSE KEY IF YOU CHOOSE TO FOR MAINTENANCE (MAJOR, MINOR, BUG FIX AND UPDATES) AFTER THE YEAR. ONCE THE KEY IS EMAILED THERE WILL BE NO REFUNDS. THIS POLICY MUST BE STRICTLY ENFORCED TO ENSURE THE INTEGRITY OF OUR SOFTWARE. IT IS IMPOSSIBLE FOR YOU TO RETURN YOUR REGISTERED VERSION OF OUR SOFTWARE.
THIS IS WHY WE STRONGLY RECOMMEND THAT ALL USERS DOWNLOAD, INSTALL AND TEST THOROUGHLY THE TRIAL VERSION TO MAKE SURE IT IS SUITABLE FOR YOUR PURPOSES BEFORE YOU PURCHASE.