XLINK Communication Hubs | XWizard Download

The XWIZARD software is only available to the owners of a XLINK product. By clicking the 'I AGREE' button you confirm that you are infact the owner of a XLINK product and you agree to the terms and conditions of the following license agreement. The XWIZARD may only be downloaded for the purpose of upgrading the software within your XLINK product or configuring your XLINK product. Any other use is stricly forbidden. Xtreme Technologies Corp. is in no way responsible or liable for any damages that may occur directly or indirectly from downloading and using this software.


XWizard License Agreement

These license terms are an agreement between Xtreme Technologies Corp. (“Developer”) and you (“Licensee”). 
By clicking the “Agree” button, you agree with these terms.
Developer has developed and licenses to users its software program marketed under the name XWizard  PC Software (the "Software"). 
Licensee desires to utilize a copy of the Software. 
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows: 
1. License.
Developer hereby grants to Licensee a non-exclusive, limited license to use the Software in the country of residence of Licensee as set forth in this Agreement. 
2. Restrictions.
Licensee shall not sell, lease, rent, modify, add to, remove from, change, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer.
3. Fee and Support 
Developer has waived any fees for this version of the Software, but reserves the right to charge a fee in consideration for the grant of the license for the use of the Software for any future versions, and for future use of this version.  There is no telephone support for this software. 
4. Warranty of Title.
Developer hereby represents and warrants to Licensee that Developer is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require Developer or to either: i) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or ii) at Developer's option to refund to Licensee the full amount of the license fee upon the return of the Software and all copies thereof to Developer. 
5. Ownership
All right, title to and ownership interest in the Software, including all intellectual property rights therein, shall remain in Developer.  Licensee acknowledges such ownership and intellectual property rights and will not take any action that jeopardizes, limits, undermines, or interferes with in any manner Developer's ownership and intellectual property rights with respect to the Software.  Developer reserves all rights not expressly granted to Licensee in this Agreement.
6. Warranty Disclaimer.
DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOFTWARE IS PROVIDED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. LICENSEE BEARS THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE. SHOULD SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE ASSUMES SOLE RESPONSIBILITY AND LIABILITY FOR THE ENTIRE COST OF ANY SERVICE AND REPAIR IN CONNECTION THEREWITH. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 
7. Limitation of Liability.
IN NO EVENT WILL DEVELOPER BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, TELEPHONY FAILURE, TELEPHONE CHARGES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES, EXPENSES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND WITHOUT REGARD TO WHETHER SUCH CLAIM OR ALLEGATION IS BASED IN CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, DEVELOPER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). 
8. Governing Law.
This Agreement shall be construed and enforced in accordance with the laws of the Province of Alberta. 
9. Indemnification
Licensee shall indemnify and hold harmless Licensor, its directors, officers, agents, employees and contractors from and against any claims, demands, or causes of action whatsoever, including without limitation those arising on account of Licensee’s use of the Software, or otherwise caused by, or arising out of, or resulting from, the exercise or practice of the license granted hereunder by Licensee, its subsidiaries or its directors, officers, employees, agents, representatives or contractors. 

10. No Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer. 
11. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 
12. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 
13. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 
By installing or using this Software, you agree to the terms of this agreement.  If you do not agree with these terms, do not download or install the Software.

By clicking the 'I AGREE' button you confirm that you agree and accept and will abide by the above terms and conditions.