END-USER LICENSE AGREEMENT FOR

Indian wine, INC. SOFTWARE  

IMPORTANT--READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT INSTALLING OR USING THE SOFTWARE.

1. License Grant

Licensor hereby grants to you, and you accept, a nonexclusive license to use the accompanying computer programs in machine-readable, object code form only (collectively referred to as the "Software"), and any accompanying User Documentation, only as authorized in this License Agreement.  The Software may be used only on a single computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you.  If you need to install the client more than one computer then you needs to buy additional licenses for each client application.  You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement.  You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software. No copies or distribution of the Software or any portions thereof may be made by you or any person under your authority or control except for a single copy for backup purposes.

2.  Term

This License Agreement is effective from the time the Software is installed or used until this License Agreement is terminated. You may terminate this License Agreement at any time by destroying or returning to Indian wine, Inc. all copies of the Software in your possession or under your control. Indian wine, Inc. may terminate this License Agreement for any reason, including, but not limited to, if Indian wine, Inc. finds that you have violated any of the terms of this License Agreement.  Upon notification of termination, you agree to destroy or return to the Indian wine, Inc. all copies of the Software and to certify in writing that all known copies, including backup copies, have been destroyed.  All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this License Agreement.

3. Ownership and Rights in Intellectual Property

You acknowledge and agree that the Software is a proprietary product of Indian wine, Inc.  You further acknowledge and agree that all right, title, and interest in and to the Software, including any associated intellectual property rights protected by United States Copyright Law, Patent Law, Trademark Law, and trade secret law, and by international treaty provisions, shall remain with Indian wine, Inc.  This License Agreement does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this License Agreement.  Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.  All rights not granted to you herein are expressly reserved by Indian wine, Inc.  You may not remove any proprietary notice of Licensor from any copy of the Software or User Documentation.  

4. No Warranties

Indian wine, INC. EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE.  ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED "AS IS."  TO THE MAXIMUM EXTENT PERMITTED BY LAW, Indian wine, INC. DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Indian wine, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.  SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

5. Limitation of Liability

IN NO EVENT WILL Indian wine, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYINCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF THE LICENSOR HAS  BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. Export Restrictions

This License Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the Software or information about the Software, which may be imposed from time to time by the government of the United States of America .  You shall not export the Software, or information about the Software without consent of Indian wine, Inc. and compliance with such laws, regulations, orders, or other restrictions.

7.  General

This License Agreement shall be construed, interpreted and governed by the laws of the State of Illinois without regard to conflicts of law provisions in any other jurisdiction. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Cook County , State of Illinois, USA .  If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall continue in effect.  This License Agreement sets forth the entire understanding and agreement between you and Indian wine, Inc. and may be amended only in a writing signed by both parties.