SUMMARY OF IMPORTANT USE RESTRICTIONS
Please read the following terms and conditions carefully before downloading, installing, or using The Wine Experience software. The terms and conditions of this software license agreement govern the use of the software.
Agreement
Please read the following terms and conditions carefully before downloading, installing, or using The Wine Experience software. The terms and conditions of this software license agreement govern the use of the software.
NON-EXCLUSIVE LICENSE AND OWNERSHIP
Licensee acknowledges that this is only a limited nonexclusive, nontransferable license to install and execute the executable form of the Software. Licensor is and remains the owner of all titles, rights, and interests in the Software. The Software is licensed, not sold.
The Wine Experience
This License permits Licensee to install the software on more than one computer system, as long as the Software will not be used on more than one computer system simultaneously. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only. The software is restricted, including runtime versions to use on Ideum authorized hardware only.
LICENSE TERM, SUPPORT AND UPGRADES
Licensees of Licensed versions have access to upgrades, updates and patches in accordance with The Wine Experiences’ current policies. Licensees of the Individual and Site License versions of Software have access to The Sensory Dining website or other support mechanisms if included at the time of purchase. We make no guarantees about support or future upgrades.
No Implied License
Except for the limited rights and license expressly granted hereunder, no other license is granted, no other use is permitted and Licensor (and its suppliers) shall retain all right, title and interest in and to the Licensed Products (and all patent rights, copyright rights, trade secret rights and all other intellectual property and proprietary rights embodied therein).
Hardware Restriction
The software is designed to work optimally with Ideum hardware only. You may not distribute software on any non-Ideum produced or authorized systems.
No warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. The Wine Experience AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM The Wine Experience OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.
Ownership
You may not reverse engineer, decompile or disassemble the SOFTWARE. Ideum shall retain title and all ownership rights to the Software.
General
Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software. This License Agreement is governed by the law of the State of New Mexico in the United States and is applicable to New Mexico contracts. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software. Any terms or conditions contained in any other documents of purchase that are inconsistent with or in addition to the terms and conditions of this Agreement are deemed null and hereby rejected by The Wine Experience.
The Wine Experience is the property of Ideum, Inc. 
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