License Agreement
This is a software license agreement between West Virginia Distilling Co. LLC and you, as purchaser, for the use of the ABS Alcohol Blending Software Version 3.0, including the Help file and any accompanying documentation. By using this program, you indicate that you accept all terms of this license agreement. If you do not agree to all the terms and conditions of this agreement, do not use the program or any accompanying documentation, and delete them from your computer and contact West Virginia Distilling Co. LLC , hereinafter, licensor for a refund of your purchase price.
Grant of License: West Virginia Distilling Co. LLC , as licensor, grants to you the right to use the enclosed program to use for yourself and your immediate family, subject to the terms and restrictions set forth in this license agreement.
Your Responsibility When Using ABS Alcohol Blending Software Version 3.0
This program is not a substitute for a sound and through understanding of the laws and regulations governing distilled spirits plants and the processes of blending and rectifying alcohol. Licensor has done his best to give you useful information about the properties of alcohol being processed based on table lookups of those properties and rote execution of approved algorithms of blending. The user must ensure that the procedures they wish to carry out are ones intended, that accurate inputs are provided, and that the results are checked by an independent source prior to execution.
In addition, some worksheets particularly relating to taxation, accounting, monthly reports, bottling logs, and bottling run reconciliation are provided in an unlocked state to allow the user to modify them at will as to inputs and formulas. Any changes to those sheets are entirely the user’s responsibility
Some worksheets are public domain, specifically the TTB worksheet on flavor additions. Licensor is simply including this sheet in an un altered state with full credit to the TTB authors but licensor can not make any further warranty to the user.
This program should be considered as a back up to the present procedures of your distilled spirits plant. You should consider it as a trial program until you as the user are absolutely sure that the algorithm in question is reliable for your purposes. Even then you must continue to use the gauging manual and other alternative procedures to verify that the program delivers consistent results for your particular application.
Blending alcohol is an exacting and non-forgiving art. The user is required to maintain a current understanding of the regulations, procedures, and requirements for operating a distilled spirits plant and be aware of changes in tax rates and other regulation changes that may affect features of the program.
Money Back Guarantee: If you are not satisfied with the program, licensor will refund to you the entire purchase price of the program if notified within 120 days of the date of purchase. The entire liability of licensor, for any reason, shall be limited to the amount you paid to licensor for the software program.
Understanding the limitations of the program as set out above, this program, help file, and any accompanying manual are sold “'as is,” without any express or implied warranty of any kind, including warranties of merchantability, or fitness for a particular purpose. If you don't agree with this, or if this type of agreement is not allowed in your area, then you should not purchase or use this software.
Other Rights and Obligations of Licensee. Your license to this software it permanent. Registering this Software gives you a 5 year license to any future upgraded versions. You may copy the software onto a single computer for your use and you may make one back-up copy of the Software, subject to these conditions: Licensee shall not reverse engineer, decompile, or disassemble the software or remove any copyright notices from the software.
The license is in effect until terminated. You may terminate it at any time by deleting the program together with all copies and modifications in any form, and destroying the media or deleting the download file.
Government restricted rights. The software is provided with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use of the software by the Government constitutes acknowledgment of Licensor’s proprietary rights therein.
Claims arising under this Agreement shall be governed by the laws of West Virginia.
The program, Help file, and any accompanying documentation are copyrighted. You may not give, sell, rent or otherwise distribute copies of the program or its content to third parties, except as provided under the U.S. Copyright Act.
The ABS Alcohol Blending software package, which includes the executable program and all its accompanying documentation, are Copyright © 2009-2010 by Payton Fireman in his capacity as owner of the West Virginia Distilling Co. LLC.
Licensor may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Licensor shall have the right to change or add to the terms of this agreement at any time, and to change, discontinue or impose conditions on any aspect or feature of the program. Any such change will be effective upon notification to you by any means reasonable to give you actual or constructive notice, including by posting such terms in the program itself, and your continued use of the program will indicate your agreement to any such change.