USER LICENSE AGREEMENT FOR DYNOJET RESEARCH SOFTWARE
- WINPEP 7 -
IMPORTANT-READ CAREFULLY: This User License Agreement herein after referred to as (“ULA”) is a legal agreement between you (either an individual or a single entity) and Dynojet Research Inc. for WINPEP 7(s) identified above (“WINPEP 7”).  WINPEP 7 includes computer software, the associated media, any printed materials, and any “online” or electronic documentation.  By installing, copying or otherwise using WINPEP 7, you agree to be bound by the terms of this ULA.  If you do not agree to the terms of this ULA, Dynojet Research Inc. is unwilling to license WINPEP 7 to you.  In such event, you may not use or copy WINPEP 7, and you should promptly contact Dynojet Research Inc. for instructions on return of the unused product(s) for a refund.

WINPEP 7 LICENSE
WINPEP 7 is licensed, not sold.  Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect WINPEP 7.
1.	GRANT OF LICENSE.  This ULA grants you the following rights:
•	Software.  You may install and use one copy of WINPEP 7.
•	Storage/Network Use.  You may also store or install a copy of the computer software portion of WINPEP 7 on the network to allow your other computers to use WINPEP 7 over an internal network, and distribute WINPEP 7 to your other computers over an internal network.  However, you must acquire and dedicate a license for WINPEP 7 for each computer on which WINPEP 7 is used or to which it is distributed.  A license for WINPEP 7 may not be shared or used concurrently on different computers.

2.	DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.  
•	Limitations on Reverse Engineering, Decompilation and Disassembly.  You may not reverse engineer, decompile, or disassemble WINPEP 7, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
•	Separation of Components.  WINPEP 7 is licensed as a single product.  Its component parts may not be separated for use on more than one computer.
•	Rental.  You may not rent or lease WINPEP 7.  
•	Software Transfer.  You may permanently transfer all of your rights under this ULA only as part of a sale or transfer of the Dynamometer, provided you retain no copies, you transfer all of WINPEP 7 (including all component parts, the media and printed materials, any upgrades, this ULA), AND the recipient agrees to the terms of this ULA.  If WINPEP 7 is an upgrade, any transfer must include all prior versions of WINPEP 7.
•	Termination.  Without prejudice to any other rights, Dynojet may terminate this ULA if you fail to comply with the terms and conditions of this ULA.  In such event, you must destroy all copies of WINPEP 7 and all of its component parts.

3.	UPGRADES.  If WINPEP 7 is an upgrade from another product, you may use or transfer WINPEP 7 only in conjunction with that upgraded product, unless you destroy the upgraded product.  If WINPEP 7 is an upgrade of a Dynojet product, you now may use that upgraded product only in accordance with this ULA.  If WINPEP 7 is an upgrade of a component of a package of software programs which you licensed as a single product, WINPEP 7 may be used and transferred only as part of that single product package.
4.	COPYRIGHT.  All title and copyrights in and to WINPEP 7 (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into WINPEP 7), the accompanying printed materials, and any copies of WINPEP 7, are owned by Dynojet or its suppliers.  WINPEP 7 is protected by copyright laws and international treaty provisions.  You may not copy the printed materials accompanying WINPEP 7.
5.	DUAL-MEDIA SOFTWARE.  You may receive WINPEP 7 in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer.  You may not use or install the other medium on another computer.  You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of WINPEP 7.

6.	U.S. GOVERNMENT RESTRICTED RIGHTS.  WINPEP 7 and documentation are provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph ©(1)(ii) of the Rights in the Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Dynojet Research Inc. 200 Arden Dr. Belgrade, Montana 59714.

If you do not have a valid license to use WINPEP 7, you may not use the Software.  Any other use of the Software is prohibited.
MISCELLANEOUS
If you acquired this product in the United States, the laws of the State of Montana govern this ULA. If you acquired this product in Canada, the laws of the Province of Ontario, Canada, govern this ULA. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario, Canada and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.

If this product was acquired outside the United States, then local laws may apply.
Should you have any questions concerning this ULA, or if you desire to contact Dynojet Research for any reason, please contact the Dynojet Research Sales Information Office at 702-639-1100.
LIMITED WARRANTY
Dynojet Research, Inc., warrants that(a) WINPEP 7 will perform substantially in accordance with the accompanying written materials for a period of ninety(90) days from the date of receipt, and(b) any hardware accompanying WINPEP 7 will be free from defects in material and workmanship under normal use and service for a period of one(1) year from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitations may not apply to you. To the extent allowed by applicable law, implied warranties on WINPEP 7 and hardware, if any, are limited to ninety(90) days and one year, respectively.
CUSTOMER REMEDIES
Dynojet Research and its suppliers’ entire liability and your exclusive remedy shall be at Dynojets’s option, either(a) return of the price paid, or (b) repair or replacement of the WINPEP 7 or hardware that does not meet Dynojet’s Limited Warranty and which is returned to Dynojet with a copy of your receipt. This limited warranty is void if failure of WINPEP 7 or hardware has resulted from accident, abuse, or misapplication. Any replacement WINPEP 7 or hardware will be warranted for the remainder of the original warranty period or thirty(30) days whichever is longer.  Outside the United States, neither these remedies nor any product support services offered by Dynojet are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES
To the maximum extent permitted by the applicable law, Dynojet Research and its suppliers disclaim all other warranties, either expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to WINPEP 7, and any accompanying hardware. This limited warranty gives you no specific legal rights. You may have others, which vary from jurisdiction to jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by the applicable law, in no event shall Dynojet Research or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever(including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use WINPEP 7, even if Dynojet Research has been advised of the possibility of such damages. Because some states and jurisdiction do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.