GWiz 1.1

NativeWinds License Statement And Limited Warranity

IMPORTANT - READ CAREFULLY

This license statement and limited warranty constitutes a

legal agreement ("License Agreement") between you (either as

an individual or a single entity) and NativeWinds Software

Corporation ("NativeWinds") for the software product

("Software") identified above, including any software,

NativeWinds License Statement And Limited Warranity

IMPORTANT - READ CAREFULLY

This license statement and limited warranty constitutes a

legal agreement ("License Agreement") between you (either as

an individual or a single entity) and NativeWinds Software

Corporation ("NativeWinds") for the software product

("Software") identified above, including any software,

media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU

AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS

LICENSE AGREEMENT.

If you are the original purchaser of the Software and you do

not agree with the terms and conditions of the License

Agreement, promptly return the unused Software to the place

from which you obtained it for a full refund.

If you are accepting this License Agreement on behalf of a

corporation, partnership or other legal entity, the use of

the terms "you" and "your" in this License Agreement will

refer to such entity.

TERMS AND CONDITIONS

1. GRANT OF LICENSE.

a. Subject to the terms and conditions of this License

Agreement, NativeWinds grants to you a personal, nonexclusive,

nontransferable and limited license to install and use the

Software for the purposes set forth herein. Unless you have

purchased additional licenses from NativeWinds, you may only

install and use a single copy of the Software on a computer

and freely move the Software from one computer to another,

provided that you are the only individual using the

Software. If you are an entity, NativeWinds grants you the right

to designate one individual within your organization ("Named

User") to have the right to use the Software in the manner

provided herein. If you have purchased additional licenses

from NativeWinds or a NativeWinds authorized reseller, you may

install and use the number of copies of the Software up to

the number of users, CPU's, servers and/or at the sites

granted to you in writing by NativeWinds ("Licensed Copies").

b. This Software is owned by NativeWinds or its suppliers and

is protected by copyright law, international copyright

treaties, as well as other proprietary notices. Therefore,

you must treat this Software like any other copyrighted

material (e.g., a book) and you agree that the total number

of copies of the Software used by you may not exceed the

number of Licensed Copies paid for by you, except that you

may either make one copy of the Software solely for backup

or archival purposes or transfer the Software to a single

hard disk provided you keep the original solely for backup

or archival purposes.

c. Subject to the further terms and conditions of this

License Agreement, the term of this license is perpetual

(unless terminated as provided below). You may transfer the

Software and documentation on a permanent basis provided you

retain no copies and the recipient agrees to the terms of

this License Agreement.

2. LICENSE RESTRICTIONS.

a. Except as provided in this License Agreement, you

receive no rights and agree not to transfer, rent, lease,

lend, copy, modify, translate, port, localize, create

derivative works of, market, distribute, sublicense, time-

share or electronically transmit or receive the Software,

media or documentation. You acknowledge that the Software

in source code form remains a confidential trade secret of

NativeWinds and/or its suppliers and therefore you agree not to

modify the Software or attempt to reverse engineer,

decompile, or disassemble the Software, except and only to

the extent that such activity is expressly permitted by

applicable law notwithstanding this limitation. As a

confidential trade secret, you shall use your best efforts

to protect the proprietary or confidential information

supplied by NativeWinds in its Software in the same

manner in which you would protect your

own proprietary or confidential information, but not less

than reasonable precautions to protect such proprietary or

confidential information and you shall not use such

proprietary or confidential trade secret for your own

benefit or the benefit of any other person or entity, except

as may be specifically permitted hereunder.

b. If you have purchased an upgrade version of the

Software, it constitutes a single product with the NativeWinds

software that you upgraded. You may use or transfer the

upgrade version of the Software together with the original

only in accordance with this License Agreement.

GENERAL TERMS THAT APPLY TO COMPILED WORKS AND

REDISTRIBUTABLES

You may not reproduce or distribute any NativeWinds documentation without

NativeWinds's permission.

The license granted in this License Agreement for you to

create the Works and distribute your Works and the

Redistributables (if any) is subject to all of the following

conditions: (i) you may not remove or alter any NativeWinds copyright,

trademark or other proprietary rights notice contained in any portion

of NativeWinds libraries, Redistributables or other

files that bear such a notice; (iii) all rights and

obligations of the parties here are personal to them and

this License Agreement is not intended to benefit nor shall

it be deemed to give rise to, any rights in any third party;

consequently, NativeWinds provides no warranty at all to any

person, other than the Limited Warranty provided to the

original purchaser of the Software.

All NativeWinds Software provided under this License Agreement,

including but not limited to libraries, Redistributables and other files

remain NativeWinds's exclusive property. NativeWinds will retain all

right, title and interest in and to the libraries, Redistributables and

other files, including the Intellectual Property contained

in such property (including but not limited to, ownership of

all copyrights, patents, trademarks, service marks

worldwide).

3. LIMITED WARRANTY

a. Software provided under this License Agreement,

including but not limited to libraries, Redistributables

and other files are provided "as is,"

without warranty of any kind except as expressly provided in

this paragraph. NativeWinds warrants that, except with respect

to the Redistributables, the Software, as updated and when

properly used, will perform substantially in accordance with

the accompanying documentation, and the Software media will

be free from defects in materials and workmanship, for a

period of ninety (90) days from the date of receipt. Any

implied warranties on the Software are limited to ninety

(90) days. Some states/jurisdictions do not allow

limitations on duration of an implied warranty, so the above

limitation may not apply to you.

b. NativeWinds's and its suppliers' entire liability and your

exclusive remedy shall be, at NativeWinds's option, either (a)

return of the price paid, or (b) repair or replacement of

the Software that does not meet NativeWinds's Limited Warranty

and which is returned to NativeWinds with a copy of your

receipt. This Limited Warranty is void

if failure of the Software has resulted from accident,

abuse, or misapplication. Any replacement Software 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 NativeWinds are available without

proof of purchase from an authorized non-U.S. source.

c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

NATIVEWINDS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND

CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH

REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO

PROVIDE SUPPORT SERVICES. NATIVEWINDS DOES NOT WARRANT THAT THE

NATIVEWINDS SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT

INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR

PERFORMANCE OF THE NATIVEWINDS SOFTWARE AND ACCOMPANYING WRITTEN

MATERIALS REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU

SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM

STATE/JURISDICTION TO STATE/JURISDICTION.

4. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT SHALL NATIVEWINDS OR ITS LICENSORS OR SUPPLIERS BE LIABLE

FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,

PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS

INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR ANY

OTHER PECUNIARY LOSS) WHETHER BASED ON PRINCIPLES OF

CONTRACT, TORT (INCLUDING NEGLIGENCE), DUTY, INDEMNITY,

CONTRIBUTION OR OTHERWISE, ARISING OUT OF THE USE OF OR

INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE

TO PROVIDE SUPPORT SERVICES, EVEN IF NATIVEWINDS HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,

NATIVEWINDS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS

LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE

AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.

$25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A NATIVEWINDS

SUPPORT SERVICES AGREEMENT, NATIVEWINDS ENTIRE LIABILITY

REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF

THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE

LIMITATION MAY NOT APPLY TO YOU.

5. HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed,

intended, or licensed for use in line control equipment or

in hazardous environments requiring fail-safe performance,

such as in the operation of nuclear facilities, aircraft

navigation or communication systems, air traffic control,

and life support or weapons systems, in which the failure of

the Software could lead directly to death, personal injury,

or severe physical or environmental damage ("High Risk

Activities"). Without limiting the generality of the

foregoing, NativeWinds and its suppliers specifically disclaim

any express or implied warranty of fitness for High Risk

Activities.

6. U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and any accompanying documentation are

"Commercial Items", as that term is defined at 48 CFR

Section 2.101, consisting of "Commercial Computer Software"

and "Commercial Computer Software Documentation", as such

terms are used in 48 CFR Sections 12.212 and 227.7202, as

applicable. Consistent with 48 CFR Sections 12.212 or

227.7202-1 through 227.7202-4, as applicable, the Commercial

Computer Software and Commercial Computer Software

Documentation are being licensed to U.S. Government end

users (a) only as Commercial Items and (b) with only those

rights as are granted to all other end users pursuant to the

terms and conditions herein. Unpublished rights reserved

under the copyright laws of the United States. Manufacturer

is NativeWinds Software, 1448 MT Hwy 2 West, Whitehall,

MT 59759.

7. TERMINATION

Your license to use the Software shall become effective on

the date you agree to the terms and conditions of this

License Agreement. Your license to use the Software shall

terminate automatically if you fail to comply with the

limitations described in this License Agreement. No notice

shall be required from NativeWinds to effectuate such

termination. Upon expiration or termination of this License

Agreement for any reason, you shall make no further use of

the Software and shall destroy all copies of the Software

and all of its component parts on all systems, in all forms,

in all types of media and computer memory, and whether or

not modified or combined with other materials.

13. GENERAL PROVISIONS

This License Agreement is governed by the laws of the State

of Montana, U.S.A., excluding its or any other

jurisdiction's choice of law rules and excluding the United

Nations Convention for Contracts for the International Sale

of Goods, and you further consent to the exclusive

jurisdiction by the state and federal courts sitting in

Jefferson County in the State of Montana for any

dispute regarding this License Agreement. This License

Agreement gives you specific legal rights; you may have

others which vary from state to state and from country to

country. NativeWinds reserves all rights not specifically

granted in this License Agreement.

This License Agreement will not be modified except by a

properly executed written agreement. Any terms and

conditions of any purchase order or other instrument issued

by you in connection with this License Agreement which are

in addition to, inconsistent with or different from the

terms and conditions of this License Agreement will be of no

force or effect.

If any provision of this License Agreement is found void or

unenforceable, the remainder will remain valid and

enforceable according to its terms. If any remedy provided

is determined to have failed for its essential purpose, all

limitations of liability and exclusions of damages set forth

in the Limited Warranty shall remain in effect.

Failure by either party at any time to enforce any

obligation by the other party, to claim a breach of any term

of this License Agreement or to exercise any power agreed to

hereunder will not be construed as a waiver of any right,

power or obligation under this License Agreement, will not

affect any subsequent breach, and will not prejudice either

party as regards any subsequent action.

Except as expressly permitted hereby, you may not assign any

rights or obligations under this License Agreement without

the prior consent of NativeWinds.

The provisions of this License Agreement that by their

nature and content are intended to survive the performance

hereof shall so survive the completion and termination of

this License Agreement.