End User License Agreement

THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND INWINSTACK INC. (“inwinSTACK”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE OR USING YOUR INWINSTACK PRODUCT.

BY USING OR INSTALLING THE SOFTWARE OR USING YOUR INWINSTACK PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA AND THE LICENSE OF ANY THIRD PARTY SOFTWARE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU CAN RETURN THE PRODUCT FOR A REFUND, SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE RETURN POLICY OF YOUR POINT OF PURCHASE.

AS DESCRIBED BELOW IN SECTION 4, YOU ARE AGREEING TO AUTOMATIC SOFTWARE UPDATES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT OR INSTALL THE SOFTWARE.

THE PRODUCT LIMITATIONS SECTION BELOW SPECIFIES IMPORTANT LIMITATIONS OF THE SOFTWARE AND RELATED SERVICES IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ SUCH SECTIONS CAREFULLY, AS YOU ARE ACKNOWLEDGING AND AGREEING TO THEM.

“Software” means the Nilvana Software created and owned by inwinSTACK, which may contain: (i) any and all software programs or applications, including software applications downloaded and installed on a desktop or a mobile device, or provided for use stored in the storge device of (other than embedded in) a inwinSTACK products; (ii) any and all software in the form of embedded software on a inwinSTACK product; (iii) any related documentation, modified versions of, upgrades or improvements to such software (unless expressly provided under different terms at the time of update or download), all subsequent versions, copies of such software.

“inwinSTACK product” shall mean Workstation and Edge Devices produced by inwinSTACK, including built-in AI development Software for supporting or assisting AI developer.

These terms give you specific legal rights, and you may also have other legal rights in addition, which vary depending on the jurisdiction.

  1. License
    1. Subject to the terms of this EULA, inwinSTACK grants you a limited, nonexclusive license as follows to use the Software, solely with the inwinSTACK product you have purchased or the inwinSTACK service procured by you in accordance with the terms set forth herein and other legal restrictions set forth in the license of any third party software which is used while running the Software.
      1. Except for embedded software on a inwinSTACK product, you may:
        • copy for backup or archive purposes in support of your use of the Software as permitted hereunder and to make it available on an internal (household or enterprise) network server solely for downloading onto devices in your possession or control within your household or enterprise; but solely for your use of the Software as provided herein. Any copies must include all copyright and other proprietary notices contained in the original.
        • install and use the Software for the purpose of:
          • running Software on your Website[s] and Server[s];
          • using Software as a tool for, or a part of the establishing, developing, or enhancing of your services, whether the tool or the service is free of charge or not, without further paying any royalty to inwinSTACK other than such fee prescribed under Section 1.3; or
          • creating derivative works based on Software, including modifying or removing part of Software’s source code, or integrating Software into a larger frame or work of your software, provided, however, such created derivative works shall not be licensed, sold, rented, leased, transferred, distributed, hosted, outsourced, disclosed or otherwise commercially exploited or made available to any third party in any manner, whether directly or indirectly, except a further license agreement in writing regarding these subjects has been entered into between you and inwinSTACK.
      2. For embedded Software on a inwinSTACK product, you may only use one (1) copy, solely on the inwinSTACK product in your possession or control or with the inwinSTACK service used by you. You may permanently transfer to another person the Software upon a permanent transfer of the inwinSTACK product using the Software, so long as that person agrees to be bound by this EULA, and following such transfer you stop using the product and the Software.
    2. You shall not assign or transfer the rights and obligations under this EULA.
    3. In consideration of the License granted under Section 1.1, you shall pay inwinSTACK a fee as charged while you procure the license of the Software or inwinSTACK Products, via Credit-Card, PayPal or any other mean which inwinSTACK may deem adequate. Failure to perform payment shall construe as material breach of this EULA.

  2. Restrictions
    You are not permitted to (and shall not permit others to): (A) license, sell, rent, lease, transfer (except as expressly permitted in Section 1), distribute, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party; (B) copy the Software (except as expressly permitted in Section 1.1); (C) decompile, disassemble, reverse engineer or attempt to derive the source code of, or create derivative works of, or an installer for, the Software or any part thereof (except as expressly permitted in Section 1.1 or by applicable law); (D) remove or alter any trademark, logo, copyright or other proprietary notice, legends, symbols or labels in the Software.

  3. Ownership
    inwinSTACK and its licensors own and retain all right, title and interest in and to the Software and all copyrights and other intellectual property rights therein.  The Software is licensed, not sold, to you by inwinSTACK and inwinSTACK reserves all rights not expressly granted to you.

  4. Software Upgrades, Updates, Fixes and Supports
    1. Software Upgrades, Updates, Fixes
      inwinSTACK may, at its sole discretion, from time to time provide Upgrades, Updates, or Fixes to the Software( the definitions of Upgrades, Updates, and Fixes are as follows). You hereby warrant to keep the Software up-to-date and install all relevant Updates and Fixes which may be automatically installed without providing any additional notice or receiving any additional consent, and you consent to these automatic installation of Updates or Fixes. If you do not want such Updates or Fixes, your remedy is to stop using the inwinSTACK Product. inwinSTACK will provide any Update or Fix free of charge; however, nothing in this EULA shall require inwinSTACK to initiatively provide any Upgrades, Updates or Fixes. The terms of this EULA will govern any Upgrades, Updates or Fixes provided by inwinSTACK that replace and/or supplement the original Software, unless such Upgrades, Updates or Fixes are accompanied by a separate license in which case the terms of that separate license will govern.
      1. Upgrades: for the purpose of this EULA, an Upgrade shall be a material amendment in the Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, the Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
      2. Updates: for the purpose of this EULA, an update shall be a minor amendment in the Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, The Software under version 1.1.X, an updates shall commence under number 1.2.0.
      3. Fixes: for the purpose of this EULA, a fix shall be a minor amendment in the Software, intended to remove bugs or alter minor features which impair the Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, Software under version 1.1.1, a fix shall commence under number 1.1.2.
    2. Other Supports
      The Software is provided on an AS-IS basis without any mandatory initiative support except otherwise provided by inwinSTACK at its own discretion.  Nothing in this EULA shall require inwinSTACK to provide you any support to any bug, failure, mis-performance, or other defects in the Software, unless otherwise provided by inwinSTACK under Section 4.1.
      1. Bug Notification: You may provide inwinSTACK of details regarding any bug, defect, mis-performance or failure in the Software promptly and with no delay from such event. You shall comply with inwinSTACK's request for information regarding bugs, defects, mis-performance, or failures and furnish inwinSTACK with information, screenshots and try to reproduce such bugs, defects, mis-performance, or failures.
      2. Feature Request: You may request additional features in the Software, provided, however, that
        • you shall waive any claim or right in such feature which is developed by inwinSTACK;
        • you shall be prohibited from developing such features into whole or part of your own components, programs, or products;
        • you shall not disclose such feature request or such feature, to any third party who directly competes with inwinSTACK, nor to any third party who may be, following the developing such feature, in direct competition with inwinSTACK;
        • you warrant that such feature does not be used to infringe any third party patent, trademark, trade secret or any other intellectual property right; and
        • you shall develop, envision or create your own feature solely by yourself.

  5. Application Store
    If you have downloaded the Software from any e-commerce platform, application market or store, such as Apple App Store, Apple Mac Store or Google Play (“App Store”), you are also subject to any terms of use of that App Store. If your use of the Software is subject to an App Store’s terms of use, then in the event of any conflict or ambiguity between the App Store’s terms of use and this EULA, the App Store’s terms of use will govern, but only to the extent necessary to resolve such conflict or ambiguity, and the terms of this EULA will otherwise remain in full force and effect. You acknowledge that (i) this EULA is concluded between inwinSTACK and you, and not with the App Store; (ii) the App Store has no obligation to furnish any support or maintenance whatsoever in relation to any Software downloaded therefrom; (iii) inwinSTACK, not the App Store, will be responsible as provided in this EULA, to the extent not disclaimed, for any product warranty, product claims and intellectual property claims for the Software downloaded from an App Store. In any event, the App Store’s maximum liability for any warranty will be the refund of the purchase price (if any) for the Software.

  6. Privacy
    Our privacy practices are described in our Privacy Policy, as well as in separate privacy statements (collectively, the “Privacy Policy”) provided when a software, an app, a product or service is purchased, downloaded or used. By installing the Software, using inwinSTACK products or providing us with your personal information, you are accepting and consenting to the practices, terms and conditions described in the Privacy Policy and in any separate privacy statements. Our Privacy Policy is incorporated by reference into this EULA.

  7. Open Source
    This EULA does not apply to any open-source software which may be included in the Software (“Open Source Components”). Your use of each Open Source Component is subject to the terms of each applicable end user license that accompanies such Open Source Component. You must agree to the terms of each such applicable license, or you should not use the Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Components.

  8. Third Party Software
    The Software and Product may be used in connection with other products and software, and may contain links or interfaces to, as well as content and data from, third party software (“Third Party Software”). The use of such Third Party Software is governed by the terms provided by the licensor of such Third Party Software, including the third party’s privacy policy. By accessing or using Third Party Software, you agree to comply with applicable third party terms. inwinSTACK makes no representations or warranties about the operation or availability of such Third Party Software. Neither inwinSTACK, nor its licensors, shall be liable for any unavailability or removal of such Third Party Software.

  9. Termination
    1. This EULA shall continue until being terminated. Either party may terminate this EULA for any reason at any time.
    2. Your right to use the Software will automatically terminate without any further notice from inwinSTACK in the following cases where you:
      1. are in breach of any of the terms of Section 1or 2 to this EULA;
      2. are in breach of any other terms and conditions of this EULA and such breach is not cured, immediately upon notification;
      3. became insolvent or otherwise entered into any liquidation process;
      4. exported the Software to any jurisdiction where inwinSTACK may not enforce its rights under this EULA; or
      5. otherwise enter into any arrangement which caused inwinSTACK to be unable to enforce its rights under this EULA.
    3. Upon such termination, you must stop using the Software and remove any copies of the Software in your possession or control. The provisions of Sections 6, 7, 8, 9 10, 11, 12, 16, 17 and 18 will remain in effect, after any such termination. inwinSTACK makes no representation about the future availability of the Software or any Updates and shall not be liable for any unavailability or removal of the Software or Updates. inwinSTACK shall have no responsibility to provide maintenance or support services with respect to the Software.

  10. Warranty Disclaimer
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
    2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
    3. INWINSTACK AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
    4. INWINSTACK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
    5. INWINSTACK HEREBY DISCLAIMS ANY WARRANTY (I) THAT THE SOFTWARE SHALL BE ERROR-FREE, WITHOUT DEFECTS OR CODE WHICH MAY CAUSE DAMAGE TO YOUR COMPUTERS OR TO YOU, AND (II) THAT SOFTWARE SHALL BE FUNCTIONAL. YOU SHALL BE SOLELY LIABLE TO ANY DAMAGE, DEFECT OR LOSS INCURRED AS A RESULT OF OPERATING THE SOFTWARE AND UNDERTAKE THE RISKS CONTAINED IN RUNNING THE SOFTWARE ON YOUR SERVER[S] AND WEBSITE[S]. INWINSTACK SHALL NEVER, AND WITHOUT ANY LIMIT, BE LIABLE FOR ANY DAMAGE, COST, EXPENSE OR ANY OTHER PAYMENT INCURRED BY YOU AS A RESULT OF SOFTWARE’S ACTIONS, FAILURE, BUGS AND/OR ANY OTHER INTERACTION BETWEEN THE SOFTWARE AND YOUR END-EQUIPMENT, COMPUTERS, OTHER SOFTWARE OR ANY THIRD PARTY END-EQUIPMENT, COMPUTER OR SERVICES.  MOREOVER, INWINSTACK SHALL NEVER BE LIABLE FOR ANY DEFECT IN SOURCE CODE WRITTEN BY YOU WHEN RELYING ON THE SOFTWARE OR USING THE SOFTWARE’S SOURCE CODE.
    6. NO INWINSTACK DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS DISCLAIMER OF WARRANTY.
    7. Some jurisdictions do not allow exclusions of implied warranties or limitations on applicable statutory rights of consumers, so the above exclusions and limitations may not apply to you.
    8. Notwithstanding the foregoing, you hereby warrant that you inspected the Software thoroughly and found it already satisfactory and adequate to your needs, that it does not interfere with your regular operation, and that it does meet the standards and scope of your computer systems and architecture. You found that the Software interacts with your development, website, and server environment and that it does not infringe any of End User License Agreement of any software which you may use in performing your services. YOU HEREBY WAIVE ANY CLAIMS REGARDING THE INCOMPATIBILITY, PERFORMANCE, RESULTS, AND FEATURES OF THE SOFTWARE. ACCORDINGLY, AS THE SOFTWARE IS INTANGIBLE GOODS, YOU SHALL NOT BE, EVER, ENTITLED TO ANY REFUND, REBATE, COMPENSATION, OR RESTITUTION FOR ANY REASON WHATSOEVER, EVEN IF THE SOFTWARE CONTAINS MATERIAL FLAWS.
    9. You hereby warrant to hold inwinSTACK harmless and indemnify inwinSTACK for any lawsuit brought against it in regards to your use of the Software in means that violate, breach or otherwise circumvent this EULA, inwinSTACK's intellectual property rights, or inwinSTACK's title in the Software. inwinSTACK shall promptly notify you in case of such legal action and your consent, if needed for any settlement in relation to such lawsuit or claim, shall not be held back, withdrawn.

  11. Limitation of Liability
    TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL INWINSTACK OR ITS LICENSORS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, SOFTWARE, OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE, LICENSE OR USE OF, OR INABILITY TO USE ANY INWINSTACK PRODUCT, SOFTWARE, OR SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF INWINSTACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL INWINSTACK'S AND ITS LICENSORS’ TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE INWINSTACK PRODUCT, SOFTWARE, OR SERVICE GIVING RISE TO THE LIABILITY. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.

  12. Product Limitations
    THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATIONS OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, MEDICAL DEVICES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.  YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT CERTIFIED FOR EMERGENCY PURPOSE AND SHOULD NOT BE USED FOR THIS PURPOSE. INWINSTACK DOES NOT MONITOR EMERGENCY NOTIFICATIONS, AND IS NOT RESPONSIBLE FOR DISPATCHING EMERGENCY SERVICES TO YOUR HOME.

  13. Export Law Assurances
    You agree that you may not export or re-export the Software in violation of any applicable laws or regulations including without limitation those of the United States of America, the European Union, Switzerland, Taiwan and/or the laws or regulation of the jurisdiction(s) in which the Software was obtained.

  14. Agents and Third Party Purchasers
    If you are acquiring the Software on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Software to the terms and conditions of this EULA. You represent that you are of sufficient legal age in your jurisdiction to use or access the software and to enter into this EULA.

  15. Controlling Law; Severability
    This EULA will be exclusively governed by and construed in accordance with the laws of the Taiwan(R.O.C.), without regard to or application of its choice of law rules or principles. If any provision of this EULA is found to be invalid, the parties agree nevertheless that the parties’ intentions as reflected in the provision, the other provisions of this EULA shall remain in full force and effect.

  16. Entire Agreement; Governing Language
    This EULA sets forth the entire agreement between you and inwinSTACK and supersedes all prior agreements, written or oral, with respect to the Software. Any translation of this EULA is done for local requirements and in the event of an inconsistency between the English and any non-English version, the English version of this EULA will govern.

The Software is protected by copyright law and international treaty. Unauthorized reproduction or distribution of the Software is subject to civil and criminal penalties.