InfoWine® Membership
Your Agreement to this Membership
This Membership only applies to the executable code for the English-language version of the InfoWine software and any accompanying distributable files, data and materials ("InfoWine"). You should carefully read the following terms and conditions before using, installing, copying, or distributing InfoWine. Unless otherwise agreed in a writing signed by an authorized representative of InfoPlus LLC ("InfuPlus"), your use, installation, copying, or distribution of InfoWine indicates your acceptance of this agreement ("Membership"). You understand and agree that the terms and conditions of this Membership are the only terms and conditions applicable to your purchase of this Membership or use of InfoWine and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by InfuPlus.
All Licenced copies of InfoWine allow access to InfoWine's Standard software features.
All Licenced copies of InfoWine have a time limit for the duration of the license. At the end of this period, InfoWine will move into a restricted mode, and you will have the option of buying a new license to extend the time limit, or stop using InfoWine.
Please read the license terms below. If you do not agree to all of the terms and conditions of this Membership, then do not use, install, copy, or distribute InfoWine. In addition, if you paid a license fee to InfoPlus or an authorized InfuPlus reseller, you may return to InfuPlus or the reseller, as applicable, a copy of the registration code, registration file, or activation code, if any, and a signed Affidavit of De-Installation and Non-Use in the form set forth on the InfoWine.info website, within thirty (30) days after purchase, for a full refund of the license fee.
The terms and conditions of this Membership describe the permitted use of each Membership Copy of InfoWine.
Scope of Membership
Subject to the terms of this Membership, InfuPlus grants to you, for each Membershipd Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use InfoWine, solely for your personal or internal business purposes.
If you have purchased a single-user license you have the right to install and use a single copy of InfoWine on one computer or workstation for non-simultaneous use by one or more persons and install a second copy of InfoWine on another computer or workstation for the exclusive use of the person who is the primary user of the first copy of InfoWine.
You may not give, transfer or sell copies of InfoWine to your customer(s), or any third party, in whole or in part, nor include copies of InfoWine, in whole or in part, in, or with, products you sell.
For purposes of this Membership,
- If you have paid for a Single-User Standard Membership and received a valid Standard Registration Code, you are deemed to have a single "Membershipd Copy" of InfoWine, and are authorized to access all software features for the license period ;
- If you have a a Single-User Standard Membership with a free trial period, InfoWine will work only until the end of the trial period. User will have the option of buying a paying license and continue working wiht InfoWine until the end of the time limit of the paying license;
All rights of any kind in InfoWine which are not expressly granted in this Membership are entirely and exclusively reserved to and by InfoPlus. InfoWine is protected by the United States copyright laws and other applicable national and international laws and treaties.
You may use, install and distribute InfoWine solely as expressly provided in this Membership. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, InfoWine, in whole or in part, nor permit anyone else to do so. You may not make access to InfoWine available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of InfoWine.
Warranty Disclaimers and Liability Limitations
InfoWine, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither InfoPlus nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, InfoWine. Neither InfoPlus nor any of its affiliates or licensors warrants that the operation of InfoWine will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file You acknowledge that good data processing procedure dictates that any program, including InfoWine, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of InfoWine covered by this Membership. This disclaimer of warranty constitutes an essential part of this Membership.
Except to the extent expressly prohibited by applicable statutes, InfoPlus, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, InfoWine. Any liability of InfoPlus, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to InfoPlus. Except to the extent expressly prohibited by applicable statutes, in no event shall InfoPlus, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of InfoWine, or to your relationship with, InfoPlus, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does InfoPlus authorize you or anyone else to use InfoWine in applications or systems where InfoWine's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold InfoPlus, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
General
InfoWine, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and registration code files or information, and the know-how embodied in InfoWine, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by InfoPlus, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of InfoPlus and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this Membership. The obligations under this paragraph shall survive any termination or cancellation of the Membership.
This Membership is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this Membership, in whole or in part, without the prior written consent of InfoPlus. Notwithstanding anything to the contrary, any assignment of this Membership or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this Membership and all responsibilities and obligations of the assignor hereunder.
This Membership shall be governed by the laws of the State of Texas, without regard to Texas choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this Membership shall be in courts and fora located in the State of Texas, and you consent to such jurisdiction and venue.
There are no third-party beneficiaries of any promises, obligations, or representations made by InfoPlus herein.
Any waiver by InfoPlus of any violation of this Membership by you shall not constitute, nor contribute to, a waiver by InfoPlus of any other or future violation by you of the same provision, or any other provision, of this Membership.
If any part of this Membership or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this Membership, or the applications of such provision to other persons or circumstances, shall not be affected thereby. Copyright 2024 InfoWine InfoPlus USA, Inc. | Privacy Policy InfoWine is a Registered Trademark of InfoPlus USA, Inc.