End-User License Agreement ("EULA")

INTELLECTUAL PROPERTY RIGHTS

The enclosed software program named win|RTA (tm), (the 
"Program"), and its related documentation, (the "Documentation"), 
are copyrighted and protected by the United States copyright laws 
and international treaty provisions. The Program and Documentation 
are the property of AcoustX and AcoustX retains all title and 
ownership to them.  

The Program is available at www.acoustx.us.

LICENSE GRANT

The Program is available on a non-exclusive basis, free of charge 
for any peaceful, lawful purpose subject to the following limitations:

1. You may not sell or redistribute the Program.

2. You agree that you will neither assign, sublicense, translate, 
pledge, lease, rent, modify, reverse engineer, disassemble, alter, 
decompile the Program and the Documentation, make any attempt to 
discover the source code of the Program or create derivative works, 
nor use the Program or Documentation in any way not authorized by this EULA.  

3. AcoustX may terminate this EULA upon the breach by you of any terms herein.

NO WARRANTY

The Program is distributed on an as is basis, without warranty.  
AcoustX makes no representation or warranty, either expressed or 
implied, with respect to the Program, its accuracy, quality, or 
fitness for a specific purpose. AcoustX shall have no liability to 
the user, or to any other person or entity with respect to any 
liability, loss, or damage caused, or alleged to have been caused 
either directly or indirectly by the Program. This includes, but is 
not limited to, interruption of service, loss of data, time, or 
profits, or consequential damages resulting from the use of the Program.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Program is a commercial item as that term is defined in 
48 C.F.R. 2.101, and consists of commercial computer software 
and commercial computer software documentation, as such terms 
are used in 48 C.F.R. 12.212. The Program is also commercial 
computer software as defined in 48 C.F.R. 252.227-7014(a) (1) and 
other sections of the Code of Federal Regulations. Consistent with 
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all 
U.S. Government entities shall have only those rights, and shall 
be subject to all restrictions applying to all licensees under 
this EULA.

GOVERNING LAW 

This EULA shall be governed by and construed and enforced in 
accordance with the laws of the State of California, U.S.A. 
Each party to this EULA hereby submits to the jurisdiction of 
the courts of the State of California, and to the federal courts 
of the United States for the Northern District of California, 
and agrees that all actions under this EULA shall be maintained 
in Sonoma County, California if in state court, or in San Francisco, 
California if in federal court, and both parties waive any objection 
to personal jurisdiction or venue. If any provision of this EULA is 
found by a court of competent jurisdiction to be unenforceable for 
any reason, the remainder of this EULA shall continue in full force 
and effect. The failure of either party to enforce any rights 
granted hereunder, or to take action against the other party in the 
event of any breach hereunder, shall not be deemed a waiver by that 
party as to subsequent enforcement of rights or subsequent actions 
in the event of future breaches.

ATTORNEY FEES

If either party brings any action under this EULA against the other 
party regarding the subject matter hereof, the prevailing party 
shall be entitled to recover, in addition to any other relief 
granted, reasonable attorney fees and expenses of litigation.

(c) 2004-2025. AcoustX. All rights reserved. 

"win|RTA" is a trademark of AcoustX, www.acoustx.us.   

Should you have any questions concerning the EULA, please write: info@acoustx.us.
