Terms of Service and Product License Agreement

TERMS OF SERVICE AND ONLINE SUBSCIPTION LICENSE AGREEMENT

Updated on March 14, 2010

Important - Please read this License Agreement carefully.

BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE ACCEPTANCE BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE, OR ARE AUTHORIZED TO SIGN FOR AND BIND, THE CONTRACTING PARTY DEFINED BELOW AS "CUSTOMER;" AND (iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF CUSTOMER TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS ONLINE SUBSCRIPTION LICENSE AGREEMENT. OTHERWISE, DO NOT CLICK THE ACCEPTANCE BUTTON TO PROCEED AND YOUR REGISTRATION PROCESS WILL BE DISCONTINUED.

Upon acceptance of the terms and conditions set forth in this License Agreement, as indicated by you pressing the "I Agree" button and/or accessing any Product content or the Site, you are hereby granted a non-exclusive, revocable, limited use license to make use of the Product and/or Site, as further described herein. If you do not agree with the conditions set forth in this Agreement, you may choose the "I Disagree" button or otherwise not approve, and immediately cease all use of the Site (prior to accessing to the Product contained on the Site). Once you access the Product on the Site, for a free trial or actual purchase, you agree to the terms and conditions set forth in this License Agreement.

This Online Subscription License Agreement (this "Agreement") is a legal and binding instrument entered into as of the date of electronic acceptance by Customer (the "Effective Date"), by and between Rick Braddy, LLC and its operating division WinningWare.com, and "Customer," the individual or entity entering into this Agreement. Rick Braddy, LLC reserves the right to amend this Agreement from time to time without notice to Customer. The most current version of this Agreement can be reviewed by clicking on the "Terms of Use" hypertext link located on Product and Site Web pages.

All content contained within the WinningWare.com and related websites, including but not limited to, "winware-app.com" (the "Site") and WinningWare QuickLaunch™, are hereinafter collectively referred to as "Product", and are governed by this License Agreement.

All content, literary work, concepts and ideas contained within, conveyed by and accompanying the Product and/or Site belongs to and is the sole property of Rick Braddy, LLC (hereinafter referred to as "WinningWare.com") and its use is governed by this LICENSE AGREEMENT (hereinafter referred to as "Agreement" or "License Agreement").

Online Registration. To subscribe to Product via the WinningWare.com site, Customer must complete the online registration process, including Customer's electronic acceptance of this Agreement, and WinningWare.com must then accept such online registration. WinningWare.com may reject an online registration by a potential Customer in its sole discretion and is not obligated to provide a reason for its rejection. In the event a potential Customer's online registration is rejected by WinningWare.com, such potential Customer may submit a new online registration for re-evaluation by WinningWare.com.

Registration Data. As part of the online registration process, WinningWare.com will collect certain limited information about Customer ("Registration Data"). All Registration Data provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Registration Data as necessary. WinningWare.com reserves the right to terminate this Agreement immediately in the event any Registration Data is found to be inaccurate, incomplete or not current at any time.

Account Password/Security. As part of the online registration process, Customer will choose a password and a user name. Customer is entirely responsible for maintaining the confidentiality of its password and account, and Customer is solely responsible for any and all activities that occur under its account. Customer agrees to notify WinningWare.com immediately of any unauthorized use of its account or any other breach of security. WinningWare.com shall not be liable for any loss that Customer may incur as a result of a third party using its password or account, either with or without its knowledge. Customer may be held liable for losses incurred by WinningWare.com or another party due to a third party using Customer's account or password. Customer agrees not to provide its password or account login information to any third party for any reason.

Payment Information. As part of the online registration process, WinningWare.com will collect certain additional information related to billing and payment matters ("Payment Information"). Such Payment Information will include a valid debit card, credit card number, PayPal account or other payment processor with available credit sufficient to pay the applicable Subscription Fees, an election of a preferred billing frequency, and other information as required by WinningWare.com. All Payment Information provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Payment Information as necessary. Customer hereby authorizes WinningWare.com, from time to time, to take steps to determine whether the debit card or credit card number provided is valid. WinningWare.com reserves the right to terminate this Agreement immediately in the event any Payment Information is found to be inaccurate, incomplete or not current at any time. WinningWare.com shall not be responsible for any overdraft charge or other fees that may be incurred by WinningWare.com's use of Customer's debit card or credit card.

Subscription Fees. Customer is responsible for all Subscription Fees, and hereby authorizes WinningWare.com to obtain payment of all such Subscription Fees in accordance with the Payment Information, as stated on Customer's "My Account" page within the WinningWare.com Web site. Customer shall also be responsible for all applicable taxes ( withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency EXCEPT those taxes based on WinningWare.com's net income.

Confidential Information. Unless expressly authorized in writing by the other party, neither party shall disclose to any third party any non-public information or materials provided by the other party under this Agreement and reasonably understood to be confidential ("Confidential Information"), or use such Confidential Information in any manner other than to perform its obligations under this Agreement. The foregoing restrictions do not apply to any information that (i) is in or becomes available through the public domain, (ii) is already lawfully in the receiving party's possession, (iii) was known to the receiving party prior to the date of disclosure, (iv) becomes known to the receiving party from a third party having an apparent bona fide right to disclose the information, or (v) Confidential Information that the receiving party is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative subpoena, providing receiving party provides disclosing party timely notice of such court order or subpoena. Furthermore, Customer will keep in strict confidence all passwords and other access information to the Services.

Reproduction, copying, or any other form of unauthorized use of the intellectual property contained within the Site or Product is strictly forbidden without the express written consent from an authorized officer of WinningWare.com and Rick Braddy, LLC, except as provided for herein.

Techniques and methods disclosed by Site and/or Product which are not already in the public domain may not be disclosed, published, sold, transferred, reverse-engineered or otherwise expressed. Customer may only use the Site and Product for Customer's own use, for purposes of marketing and promoting Customer's own business.

WinningWare.com, Rick Braddy, LLC, its authors, employees, directors and officers assume no liability or responsibility whatsoever for any decisions, actions, results or lack of results, arising from any technique or recommendation that is made herein. Customer is urged to learn from the techniques presented, verify its own results through actual testing and validation as Customer learns what works best for it and its own business as Customer's particular situation warrants.

The authors and publisher of the Site and Product and all accompanying materials have used their best efforts to provide the best possible information, yet Customer's use of this material is entirely at its own risk. WinningWare.com, Rick Braddy, LLC, its authors, publisher and affiliates make no representation or warranties of any kind with respect to accuracy, fitness, applicability, or completeness of the content of this Product.

WinningWare.com and Rick Braddy, LLC hereby disclaims any warranties (express or implied), including merchantability or fitness for a particular purpose. In no event shall Rick Braddy, LLC, its authors, publisher or affiliates be held liable for any loss or other damages, including but not limited to special, incidental, consequential or other damages. As always, proper advice for legal, accounting, tax, business or other matters should be sought. Rick Braddy, LLC does not warrant the performance, effectiveness or applicability of any third-party website, company or product mentioned or referenced in Product or accompanying materials.

All links are for informational purposes only and are not warranted for content, accuracy, or any other implied or explicit purpose. Some links may involve compensation for referred products as an affiliate.

Rick Braddy, LLC grants to Customer a non-exclusive license to use of the Product, subject to the terms of this License Agreement, and as may be further described on WinningWare.com's Web Sites, and updated from time to time (without notice) as follows:

By purchasing a license to this Product, Customer is entitled to use of the currently installed version of the Product, along with periodic updates, enhancements and fixes as published at WinningWare.com's sole discretion, for as long as Customer's paid-up subscription to the Product remains current and in effect.

Customer shall not use the Product if Customer does not fully agree to, become a party to, and abide by, without exception, all rules, regulations and terms and conditions contained in this License Agreement. This License Agreement remains in effect so long as the Product is used by Customer and Customer's subscription to Product remains currrent and paid-up. This License remains in full force and effect so long as Customer's account is active and current, unless explicitly terminated, in writing, by Customer.

Upon termination of this License Agreement, Customer agrees to cease using the Product, the techniques, the methods and processes Customer has gained from the Product and to destroy all copies of the Product material Customer has in its possession, on its personal computers, stored in email accounts or otherwise stored electronically, in hardcopy or other physical or non-physical form (except for that generated content which is in production use on Customer's website(s) prior to termination).

2. LICENSE RESTRICTIONS

Customer may not:

(a) permit other unlicensed individuals or companies to access or use the Product or Site. The Product is licensed for use by an individual or a user at a specific company who is named and associated with the purchase receipt of the Product, and is not transferrable to others;

(b) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Product;

(c) defeat or attempt to defeat any security, copy-protection or license enforcement mechanisms provided with the Product;

(d) rent, lease, transfer, timeshare, sublicense or otherwise transfer any rights in or to the Product;

(e) remove any proprietary notices or labels on or within the Product; or

(f) use the Product for any reason other than Customer's own use in promoting Customer's own business as an end-user of Product;

(g) post the Product or its content on any Internet blog, internal or exterenal file system, web site, public forum or other public location.

(h) download the Product content to save on personal computers or other storage devices, except for portions of the product which are specifically designed to produce downloadable content and include an explicit link or button desginated with the word "download" or "copy".

(i) remove, alter or in any way modify the Product content, including but not limited to, WinningWare.com or Rick Braddy, LLC copyright notices, logos or other Product content, except as designated in 2.h above.

(j) resell, distribute, or otherwise use any of the Services on a timeshare or service bureau basis.

(k) access and/or use any of the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Site or Product, WinningWare.com networks or security systems of WinningWare.com.

Customer may:

(a) Access and use the Product from a Web browser, for individual, personal use and business use on up to three (3) personal computers, provided that only the licensed end-user associated with the Product's original purchase makes use of the Product on each of those PC machines. If more than a single human user makes use of the Product on more than a single PC, then a separate license is required for each such human user (or a multi-user license may be purchased, if available).

(b) Publish and customize content generated by the Product that is specifically intended for publication in emails, on Customer's own websites as landing pages, sales pages, press releases, etc. and which are specifically designated for copying and use with the word "download" or "copy".

(c) Use the content contained within the Product that is specifically intended as instructional and guidance material to plan and execute Customer's launch-related marketing campaigns; e.g., Launch Wizard, Launch Guide, and Tutorial Videos.

(d) Print content contained in the Product for Customer's own personal and business use, except during a "trial period", during which Customer may only view the content to evaluate it, but not print or otherwise save or download any Product content.

(e) Use Product to manage a maximum of four (4) concurrent launch "projects", as defined by the Launch Wizard and shown in Product "Campaign Studio", at any point in time.

No other rights are granted hereunder except as expressly set forth in this Agreement.

3. FREE TRIALS

WinningWare.com may provide access to Product on a "free trial" basis, provided the conditions of such free trial are met. Free trials of the Product are conditioned upon:

(a) Free trial access is being provided as a "subscription" service for a limited-time, hereinafter termed the "trial period", as a means of evaluating the Product and its capabilities for Customer's specific needs, and as an inducement for the future purchase of a paid membership. Use of a credit card or other acceptable payment "authorization" is required as collateral in the amount of the Product, as a deposit for future, automatic purchase by Customer upon expiration of the trial period (unless Customer explicitly cancels by following the proper process prior to the trial period expiring).

(b) Automatic conversion from a trial subscription to a paid subscription upon expiration of the trial period, if Customer has not cancelled prior to the trial period's expiration and billing.

(c) Customer agrees that, upon free trial period expiration, Customer will be billed and become a paid-up subscription owner; and that there is no money-back guarantee or refund available after billing has occured.

(d) It is Customer's sole responsiblity to make proper use of the free trial period to fully evaluate the Product to determine whether to continue as a paid member or cancel the subcription during the trial period.

(e) Customer agrees that it is solely its responsibility to cancel its subscription prior to expiration of the free trial period, and that any failure to cancel on Customer's part is in no way the fault of WinningWare.com or WinningWare.com, and Customer hereby authorizes the conversion of Customer's free trial to a paid up membership at the end of the trial period.

(f) Customer agrees that it will not attempt to cancel by sending an email, opening up a Support Ticket, leaving voicemails, calling by telephone, or any other non-approved means; instead, Customer agrees to follow the published cancellation process provided at the time Customer began the free trial period, and said process is also to be made available on the WinningWare.com Customer Area and Winningware.com Support site in such a way that it is easy to locate.

(g) Customer agrees that once the trial period expires, if Customer has not explicitly cancelled as agreed upon herein, prior to being billed for the paid-up subscription conversion amount, no refunds will be due or paid to Customer by WinningWare.com or Rick Braddy, LLC, and Customer hereby agrees not dispute such legitimate charges.

(h) To be completely clear about this, it is Customer's sole responsibility to follow the free trial cancellation process to properly cancel its account prior to the expiration of the trial period; any emails Customer sends or other forms of communications requesting cancellation do not constitute valid cancellation, are invalid and do not serve as proper cancellation notice (except in the case where the normal cancellation process on the Site is found to be non-functioning or otherwise unavailable for some reason, as determined solely by WinningWare.com).

(i) WinningWare.com agree to make the online, automated free trial cancellation process simple and readily available, to the best of its abilities, so the cancellation process is straightforward and reasonably available to Customer.

(j) Customer agrees that it will not print, save or otherwise retain any content contained within the Product or Site during the free trial period, including but not limited to, Web pages or any content contained within the Product or generated by the Product.

(k) Customer agrees that all content contained within the Product and/or generated by Product is copyrighted, proprietary material that Customer may not use for any purpose (other than evaluation of the Product itself) during the trial period.

(l) WinningWare.com may delete all contents and information related to cancelled free trial accounts at any time and at its sole discretion. Once an account is cancelled or expires due to non-payment and the account and related information have been deleted, WinningWare.com are not responsible for any data loss or service interruption that may result.

4. RECURRING SUBSCRIPTION SERVICE

WinningWare.com provide access to the Product on a "subscription" basis. Use of the Product are conditioned upon acceptance of the following recurring subscription terms and conditions:

(a) Product access is being provided as a recurring subscription service for a specific period of time (e.g., 90 days or 1-year), hereinafter termed the "subscription period". Such subscriptions involve the use of a credit card or other acceptable "payment method" in order to ensure Customer receives service continuity (until subscription is cancelled).

(b) At the end of each subscription period, the payment method on file will be automatically billed and a new payment period will commence. It is Customer's responsibility to ensure its payment method and billing information remain up-to-date to receive uninterrupted service.

(c) Customer agrees that, upon expiration of a subscription period, Customer will be re-billed and its subscription will be renewed automatically, and that there is no money-back guarantee or refund available after said billing or re-billing has occured.

(d) It is Customer's sole responsiblity to determine whether Customer continues with its subscription or cancels its subcription before the expiration of each subscription period.

(e) Customer agrees that it is solely its responsibility to cancel its subscription prior to expiration of the subscription period, and that any failure to cancel on Customer's part is in no way the fault of WinningWare.com or WinningWare.com.

(f) Customer agrees that it will not attempt to cancel its subscription by sending an email, opening up a Support Ticket, leaving voicemails, calling by telephone, or any other non-approved means; instead, Customer agrees to follow the published cancellation process provided to Customer at the time it began the subscription period, and said process is also to be made available on the WinningWare.com Customer Area and Winningware.com Support site in such a way that it is easy to locate.

(g) Customer agrees that once a subscription period expires, if Customer has not explicitly cancelled as agreed upon herein, prior to being billed or re-billed for the subscription amount due, no refunds will be due or paid by WinningWare.com or Rick Braddy, LLC, and Customer agrees not dispute such legitimate charges.

(h) To be completely clear about this, it is Customer's sole responsibility to follow the subscription cancellation process to properly cancel its subscription prior to the expiration of the subscription period; any emails Customer sends or other forms of communications requesting cancellation do not constitute valid cancellation, are invalid and do not serve as proper cancellation notice (except in the case where the normal cancellation process on the Site is found to be non-functioning or otherwise unavailable for some reason, as determined solely by WinningWare.com). The subscription cancellation process ensures that cancellation of service is only available to the authorized subscription and account owner, which prevents unauthorized or accidental account or service interruption.

(i) WinningWare.com agree to make the online, automated subscription cancellation process simple and readily available, to the best of its abilities, so the cancellation process is straightforward and reasonably available.

(j) WinningWare.com may delete all contents and information related to cancelled accounts at any time and at its sole discretion. Once an account is cancelled or expires due to non-payment and the account and related information have been deleted, WinningWare.com are not responsible for any data loss or service interruption that may result.

5. LIMITED WARRANTY

Rick Braddy, LLC does not warrant that Customer's use of the Product will be uninterrupted or that the operation of the Product will be error-free or secure. In the event that this warranty is breached, WinningWare.com's only obligation under this Agreement and Customer's sole remedy is, solely at WinningWare.com's option, to either (a) replace Product with new Product supplied by WinningWare.com of the same type, value and price actually paid by Customer; or (b) terminate this Agreement. In no event shall WinningWare.com be responsible for more than $50 under any circumstances.

6. LIMITATION OF LIABILITY

WinningWare.com is not responsible for any losses incurred by Customer in its business. Customer accepts any and all risks associated with its decisions, whether or not such decisions are based in whole or part upon information provided by the Product.

The Product and Site are provided "AS IS." THERE ARE NO WARRANTIES OF ANY KIND AS TO THE SOFTWARE'S IMPLIED MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE, EVEN IF WinningWare.com HAS BEEN ADVISED OF THAT PURPOSE. WinningWare.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF WinningWare.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL WinningWare.com BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY, LOST PROFITS, COSTS OF RECOVERY OR ANY OTHER DAMAGES), HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT WinningWare.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WinningWare.com'S LIABILITY HEREUNDER IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

7. TERMINATION

Customer may cancel its subscription at any time. Upon cancellation, no unused fees are due or payable and no refunds will be paid upon termination.

WinningWare.com may terminate this Agreement at any time, with or without cause, should Customer violate the terms of this Agreement or fail to render full payment as agreed upon herein. If this agrement is terminated by WinningWare.com for cause, no refund will be provided.

Customer may terminate this Agreement, with or without cause.

Upon termination of this Agreement, Customer agrees to cease use of Product and Site, destroy all printouts, copies or other Product materials Customer have downloaded and cease use of and access to the Product and Site, except as otherwise provided herein.

Upon termination of this Agreement, Customer agrees that WinningWare.com may retain all monies paid for Product, whether or not the full term of the original subscription has completed.

Upon termination of this Agreement, Customer will immediately discontinue all access to and use of the Services. WinningWare.com shall not be liable for any damages resulting from a termination of this Agreement as provided for herein; provided, however, the termination of this Agreement shall not affect any claim arising prior to such termination.

Copyright Law
All content, video, text and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of this site, which reserves all rights.

8. INDEMNIFICATION

WinningWare.com hereby indemnifies and agrees to hold harmless Customer from and against any and all claims, demands, and actions, and any liabilities, damages, or expenses resulting there from, including court costs and reasonable attorney fees, arising out of or relating to the Product and Site delivered by WinningWare.com hereunder. WinningWare.com’s obligations under this Article 8 shall survive the termination of this Agreement for any reason.

Customer hereby indemnifies and agrees to hold harmless WinningWare.com from and against any and all claims, demands, and actions, and any liabilities, damages, or expenses resulting there from, including court costs and reasonable attorney fees, arising out of or relating to the Product and Site delivered by WinningWare.com hereunder. Customers’s obligations under this Article 8 shall survive the termination of this Agreement for any reason.

9. ADDITIONAL TERMS

(a) Authority. Each party hereby represents and warrants to the other party that it has all necessary authority to enter into and perform its obligations under this Agreement without the consent of any third party or breach of any contract or agreement with any third party.

(b) Assignment. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part, and any such attempted assignment or delegation shall be void.

(c) Force Majeure. WinningWare.com will not be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond the control of WinningWare.com.

(d) Choice of Law. This Agreement and any dispute arising out of or in connection with this Agreement shall be governed by and construed under the laws of the State of Texas, without regard to the principles of conflict of laws.

(e) Export. Both parties agree to comply with applicable United States export and import laws and regulations.

(f) High-Risk Use. Customer hereby acknowledges that the Services are not designed or intended for access and/or use in or during high-risk activities including, but not limited to: medical procedures; on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or the design, construction, operation or maintenance of any nuclear facility. WinningWare.com hereby expressly disclaims any express or implied warranty of fitness for such purposes.

(g) Proprietary Rights. WinningWare.com retains ownership of all proprietary rights in or associated with all its products and services (including the Services), and Customer may not use the WinningWare.com logo, or any other name, logo, icon or mark identifying WinningWare.com's products and/or services (including the Services) without prior written permission of WinningWare.com.

(h) Compliance with Laws. Customer shall comply with all applicable laws, rules and regulations relating to Customer's access to and/or use of the Services.

(i) No Waiver. The failure of either Customer or WinningWare.com in any one or more instance(s) to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).

(j) Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect.

(k) No Third Party Beneficiaries. No person or entity not a party to this Agreement will be deemed to be a third party beneficiary of this Agreement or any provision hereof.

(l) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same. No waiver or amendment of any term or condition of this Agreement shall be valid or binding on either party unless agreed to in writing by both parties.

(m) Captions and Headings. Captions and headings are used herein for convenience only, are not a part of this Agreement, and shall not be used in interpreting or construing this Agreement.

(n) Language. Only the most current English version of this Agreement is binding. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English-language version shall prevail.

(o) Beta or Early Access Program (EAP) versions. The terms of this subsection shall only apply to Customer with respect to any "Beta" or "Early Access Program" version of any of the Product (hereinafter referred to as "Beta Services") made available to Customer for purposes of evaluation and feedback. Customer acknowledges that the Beta Product Customer is evaluating may contain bugs, errors and other problems and is provided to Customer "as-is." Therefore, WinningWare.com disclaims any warranty or liability obligations to Customer of any kind with respect to the Beta Services.

Customer further acknowledges the importance of communication between WinningWare.com and Customer during Customer's use of the Beta Product and participation in WinningWare.com's Beta program and hereby agrees to receive related correspondence and updates from WinningWare.com. In the event Customer requests to opt-out from such communications, Customer's participation in the WinningWare.com Beta program will also be canceled. Customer also hereby acknowledges that WinningWare.com has not made any representations, promises or guarantees that the Beta Services will ever be announced or made available to anyone in the future and that WinningWare.com has no express or implied obligation to Customer to announce or introduce the Beta Services.

Customer agrees not to publish any information about its experience with the Beta Product to any third-party or make statements, written or verbal, to others regarding its experience with Beta Product, without the express written consent of WinningWare.com.

During the WinningWare.com Beta program, Customer will be asked to provide feedback regarding Customer's use of the Beta Service(s) and Customer hereby grants to WinningWare.com a perpetual, royalty-free worldwide license to use and/or incorporate such feedback into any WinningWare.com product or service (including the Beta Services) at any time at the sole discretion of WinningWare.com. With respect to the Beta Services, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict.