IMPORTANT: Read before using this product.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY CROSSWIND TECHNOLOGIES,LLC. TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, RETURN THE ENTIRE PACKAGE AND ITS CONTENTS, TO CROSSWIND TECHNOLOGIES, LLC. OR THE LOCATION WHERE YOU OBTAINED IT.

License:
Synchronize/CyberScheduler is licensed, not sold, to you, and CrossWind Technologies,LLC. ("CrossWind") reserves any rights not expressly granted to you. Except as stated herein, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect of the Synchronize/CyberScheduler software. CrossWind retains title and ownership of the Synchronize/CyberScheduler software recorded on the original media and all subsequent copies, regardless of form or media in or on which the original and other copies may exist.

CrossWind grants you a nonexclusive license to use the enclosed Synchronize/CyberScheduler software subject to the terms and conditions set forth in this Agreement. This package contains software that can be used by the authorized number of users on any computer or computers you own or lease. If you need to use the Synchronize/CyberScheduler software with more than the authorized number of users you need to purchase an additional Synchronize/CyberScheduler software license to cover each additional user. You acknowledge and agree that additional user(s) requested by you and authorized by CrossWind will be subject to the same terms and conditions as set forth in this Agreement.

You may make additional copies of the Synchronize/CyberScheduler software in machine-readable form for back-up purposes. Synchronize/CyberScheduler is protected by United States copyright law and international treaty provisions. You must reproduce on each copy of the software and supporting documentation the CrossWind copyright notice and any other proprietary legends that were on the original copy.

Restrictions:
You may not distribute copies of the Synchronize/CyberScheduler software to others. You acknowledge that the Software and its structure, sequence and organization is the valuable trade secret of CrossWind and in order to protect such trade secrets you may not disassemble, or otherwise reduce the Synchronize/CyberScheduler software to a human perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, DISTRIBUTE, OR CREATE DERIVATIVE WORKS BASED UPON THE SYNCHRONIZE/CYBERSCHEDULER SOFTWARE OR ANY PART OF THEREOF.

Verification:
Upon CrossWind’s request, but no more than once per year, you shall provide CrossWind access to your facilities where you use the Synchronize/CyberScheduler software to verify that the Synchronize/CyberScheduler software licensed to you is being used in accordance with the provisions of this Agreement.

Termination:
This Agreement is effective until the expiration of the copyright in the Synchronize/CyberScheduler software unless earlier terminated. The Agreement will terminate automatically without notice from CrossWind if you fail to comply with any provision of this Agreement. Upon termination you must destroy the Synchronize/CyberScheduler software and all copies thereof. You may terminate this Agreement at any time by destroying the Synchronize/CyberScheduler software and supporting documentation and all copies thereof.

Limited Warranty:
CrossWind warrants to you that the Software will perform substantially in accordance with the supporting documentation for a period of ninety (90) days after initial delivery to you. You must report all defects, and, if requested by CrossWind, return the Software to the location where you obtained it with a copy of your receipt within such a period to be eligible for warranty service. If the Software fails to comply with this warranty, CrossWind, at its option and cost, will either provide workarounds or corrections required for any such errors, replace the Software or refund the license fee for the Software.

CROSSWIND DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE AND SUPPORTING DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES CROSSWIND WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, CROSSWIND MAKES NO WARRANTIES EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations or how long an implied warranty may last, so the above limitations may not apply to you. If such disclaimer is not permitted by law, the duration of any such implied warranties is limited to ninety (90) days after initial delivery to you. This warranty gives you specific legal rights. You may have other rights which vary from state to state. For further warranty information, you may contact CrossWind's customer support department at 835 Fern Ridge Rd., Felton CA, 95018, (831) 335-8351.

Limit of Liability:
IN NO EVENT WILL CROSSWIND BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOST SAVING, EVEN IF A CROSSWIND REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states do not allow the exclusion or limitation of incidental or consequential damages so this exclusion may not apply to you.

Choice of Law:
This Agreement will be governed by the laws of the state of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents and by the laws of the United States. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.

U.S. Government Rights:
The Synchronize/CyberScheduler software and supporting documentation are commercial computer software and commercial computer software documentation. For units of the DoD: In accordance with 48 C.F.R. 227.7202, use, duplication, or disclosure by the Government is subject to restrictions as set forth in this Agreement. For civilian agencies: In accordance with 48 C.F.R. 12.212, use, reproduction or disclosure by the Government is subject to restrictions set forth in this Agreement. Unpublished - rights reserved under the copyright laws of the United States. Manufacturer: CrossWind Technologies, LLC. 835 Fern Ridge Rd., Felton CA, 95018, (831) 335-8351.