Terms of Use

The following are terms of a legal agreement between you and Winthusiasm™ (OWNER). By accessing, browsing and/or using this Web Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Web Site or the software and services related to it.

OWNER may at any time revise these terms by updating this posting. By using this Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms to which you are bound.

This Website may include typographical errors or inaccuracies. OWNER may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Periodically changes are made to the Website.

Community Tools

OWNER may, but is not obligated to, monitor or review any areas on the Web Site where users transmit or post communications or communicate solely with each other, including, but not limited to any community tool, like bulletin boards and/or user forums, bugs and features trackers, and the content of any such communications. OWNER, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, privacy, libel, obscenity, or otherwise.

Whenever part of the information made available in one of the online community tools, managed by OWNER, even if controlled by others, is used in the software produced and distributed by OWNER, it may become property of OWNER and therefore it can be distributed under any license by OWNER. The publisher of the related information is liable to any legal issue related to the copyright or usage rights of the information and OWNER have no liability and cannot be implicated to any penalty of using such information in any software.

Ownership Information

The information on this Web Site, along with any Materials (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of OWNER and is protected under United States and worldwide copyright laws and treaty provisions. OWNER grants you permission to copy such Materials so long as each copy (i) is solely for informational, non-commercial use in support of OWNER products and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original and (iii) displays a statement that the Materials are used solely with the permission of OWNER.

Any software which you download from the OWNER Web Site is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law.

Except as expressly granted in this section (or to you specifically in writing), OWNER does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Trademarks

OWNER trademarks may be used publicly only with permission from OWNER and proper acknowledgement. The name “Winthusiasm” is a trademark of OWNER.

Keep in mind that every potential OWNER trademark must be cleared through legal searches prior to adoption to reduce potential infringements, whether or not they will go through the formal registration process. All other trademarks, brands, and names are the property of their respective owners.

Privacy

We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That's why we have put in place a Privacy Statement to protect your personal information. You should review this document before providing any personal data on this Web Site. Please read our Privacy Statement.

Support

OWNER may offer paid e-mail support services. By acquiring these services, you will have a dedicated communication channel with OWNER by e-mail. No other communication methods are allowed, such as phone calls, but not limited to.

You agree that, even if OWNER makes its best to provide you high quality on its services, you may not receive responses for support requests immediately and there is no maximum period of time to receive such responses. OWNER can’t also guarantee that every request will have a positive and expected response.

Support services don’t include any code development activity, like bug fixings and features requests, but not limited to. The subject of the support messages must be strictly related to an OWNER project and its related software, as long as distributed by OWNER.

If support is offered by subscription for a specific period of time OWNER will give you support under the above terms for the specific subscription period only while the project is actively maintained by OWNER.

Refunds

No refunds will be available for software acquired under commercial licenses, since most products include source code and have fully functional demo versions that can be tested for free before purchasing.

For e-mail support, you can decide to not use it anymore, but no refund will be available in case of your desistence. If any product is offered with support integrated, and the support system has been used by you, no refund will be available for the product.

Disclaimers

THE USE OF THESE PAGES AND ANY SOFTWARE OR SERVICE ACQUIRED FROM OWNER IS AT YOUR SOLE RISK. THIS WEB SITE IS SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEB SITE AND ITS SOFTWARE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER IS NOT LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF THIS WEB SITE OR SOFTWARE OR SERVICES ACQUIRED FROM OWNER, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Although OWNER has attempted to provide accurate information on this Web Site as a service to its users, OWNER assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. OWNER may change the programs or products mentioned at any time without notice. You agree that OWNER shall not be liable to you or to any third party for any modification, suspension or discontinuance of such software products or support services.

This site may contain indications of OWNER current plans. OWNER does not guarantee that any feature or product mentioned in this site will be produced, or produced in the form described. OWNER reserves the right to modify its roadmaps without notice.

Mention of non-OWNER products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Any claims relating to the materials or the Web Site will be governed by United States law.

Applicable Laws

This Web Site originates from and is maintained in the state of Colorado, U.S.A., and OWNER makes no representations regarding the legality of access to or use of the site or the materials from other countries. Any use of the materials by a user must be in compliance with all United States laws and regulations in effect at the time of such use, and use is limited as described in these Terms and Conditions.

Access in countries where the materials are illegal is prohibited: users who access the Web Site from outside of the United States do so at their own risk and are responsible for compliance with applicable United States and local country laws.