Prebuilt Binaries License ------------------------- 1. DEFINITIONS. "Software" means the precise contents of the "wintun.dll" files that are included in the .zip file that contains this document as downloaded from wintun.net/builds. 2. LICENSE GRANT. WireGuard LLC grants to you a non-exclusive and non-transferable right to use Software for lawful purposes under certain obligations and limited rights as set forth in this agreement. 3. RESTRICTIONS. Software is owned and copyrighted by WireGuard LLC. It is licensed, not sold. Title to Software and all associated intellectual property rights are retained by WireGuard. You must not: a. reverse engineer, decompile, disassemble, extract from, or otherwise modify the Software; b. modify or create derivative work based upon Software in whole or in parts, except insofar as only the API interfaces of the "wintun.h" file distributed alongside the Software (the "Permitted API") are used; c. remove any proprietary notices, labels, or copyrights from the Software; d. resell, redistribute, lease, rent, transfer, sublicense, or otherwise transfer rights of the Software without the prior written consent of WireGuard LLC, except insofar as the Software is distributed alongside other software that uses the Software only via the Permitted API; e. use the name of WireGuard LLC, the WireGuard project, the Wintun project, or the names of its contributors to endorse or promote products derived from the Software without specific prior written consent. 4. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. WIREGUARD LLC HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS, OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT WIREGUARD LLC MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 5. LIMITATION OF LIABILITY. To the extent not prohibited by law, in no event WireGuard LLC or any third-party-developer will be liable for any lost revenue, profit or data or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use Software, even if WireGuard LLC has been advised of the possibility of such damages. Solely you are responsible for determining the appropriateness of using Software and accept full responsibility for all risks associated with its exercise of rights under this agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. You acknowledge, that it is in the nature of software that software is complex and not completely free of errors. In no event shall WireGuard LLC or any third-party-developer be liable to you under any theory for any damages suffered by you or any user of Software or for any special, incidental, indirect, consequential or similar damages (including without limitation damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss) arising out of the use or inability to use Software, even if WireGuard LLC has been advised of the possibility of such damages and regardless of the legal or quitable theory (contract, tort, or otherwise) upon which the claim is based. 6. TERMINATION. This agreement is affected until terminated. You may terminate this agreement at any time. This agreement will terminate immediately without notice from WireGuard LLC if you fail to comply with the terms and conditions of this agreement. Upon termination, you must delete Software and all copies of Software and cease all forms of distribution of Software. 7. SEVERABILITY. If any provision of this agreement is held to be unenforceable, this agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this agreement will immediately terminate. 8. RESERVATION OF RIGHTS. All rights not expressly granted in this agreement are reserved by WireGuard LLC. For example, WireGuard LLC reserves the right at any time to cease development of Software, to alter distribution details, features, specifications, capabilities, functions, licensing terms, release dates, APIs, ABIs, general availability, or other characteristics of the Software.