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Only race secretaries identified as such in the AU Office database can use eWinspeed. Login is required.

This is the main eWinspeed menu. The Station List, Races and Lofts icons take you to the same place as the Stations, Races and Lofts menu options above.

The far right end of the menu line defaults to the NDB current active season available for uploads (e.g. 2019 OB). Click on the downarrow to view prior seasons (view only; not update or upload to NDB). Prior season eWinspeed data begins with 2019 OB when eWinspeed was put into production. Older seasons are listed because historic data is available in the NDB and this list feature is shared by the NDB and eWinspeed.

To the right of the season, your current race secretary role is displayed (club, combine, concourse). If you are race secretary for multiple organizations you can use the downarrow to toggle to another role. All eWinspeed screens will display customized data for the organization you selected. You can only update data for the organization you selected. You can change roles at any time during an eWinspeed session.
The Changelog (by date) tells you what programming features have been modified and released into production.

You must use a recent version of Internet browser Chrome, Edge or Firefox to use the Import by Date option. If you have one of these browsers be sure it is up-to-date and not an older version. Other browsers cannot import files from a folder.

Clockings can only be imported or manually entered at the club level. They are automatically merged into your combine if you matched those clockings to a race header defined by the combine race secretary . If you choose your combine or concourse role, you will not see the Clockings option on the menu.

Import by Date : This option is used to bring in clockings from an electronic clock interface. When you evaluate clocks after a race those clockings are stored in a folder on your PC. If you don’t have Internet access to run eWinspeed at your clubhouse, copy the files from that PC folder to a similarly-named folder on a removable zip drive and take it home where you can run eWinspeed and import clockings from the zip drive. The files MUST be in a folder, not individually stored on the zip drive.

The first popup screen in the import process (titled “Select Folder to Upload”) allows you locate the folder where the clockings have been stored (click “Browse). They will be in a folder on the C: drive or on your zip drive, so choose that drive on the left side of the popup screen. Then on the right side of the popup screen double-click the folder in which the clockings were stored. This will bring the folder name into the box at the bottom of the popup screen where it says “Folder”.

For Benzing clocks this folder is Atis.

For Bricon clocks this folder is Bricon.

For Taurus clocks this folder is BT97\DATEN.

For Tipes clocks this folder is Tipes.

For TopPigeon clocks this folder is Uni.

For Unikon clocks this folder is Uni.

For Victory clocks this folder is VictoryExport.

The box on the right side of the “Select Folder to Upload” screen should be blank and not list any of the individual files in the clocking folder.

Click “Upload” to proceed. The popup screen says, “Upload … files to this site?”

Click “Upload” again to authorize the upload. The Internet requires explicit permission to upload.

Then the “Import Race Clockings” popup screen lists the evaluation dates of the clocking files.

Choose an evaluation date for the race you’re working on and click “Next”. If you had more than one final knockoff for this race on different dates do one import process per date.

The “Import Race Clockings” screen now has a popup where you match clock positions to races. More than one clock position can be matched to a race. (Example: a flyer’s clock would not accept birds to be entered in clock position 1 so you used clock position 2 for that flyer.)

If you make a matching mistake there is a “Clear Matches” button at the bottom of this screen.

Click “Import and Add New” if this is the first time you have imported clockings for this race or you are adding more new clockings for this race.

Click “Import and Overwrite All” if you have previously imported clockings for this race and want to replace them.

If a flyer name or loftname coming in from the clock does not exactly match a flyer name or loftname in your Loft List, a matching popup screen will appear with the mismatched lofts. Choose the correct loftname for each listed loft. Then click “Ok”.

Wait until the import process is done. Then you’ll see the Upload Clockings list.

Upload Clockings List : Displays all clockings you’ve uploaded or entered manually. The list is sorted by race name and then flyer name, with the most recent race first. You can make corrections to the clockings here.

To see all clockings for a flyer in a race just click on that flyer’s line.

On this line you can change loftname, race name and number of birds entered (Entry).

Use the dropdown list to select a new loftname. (Example: 2 flyers share a clock and both were imported with the same loftname.)

Use the dropdown list to select a new racename. If you matched clockings to the wrong race or accidentally matched them to a club-defined race when they should have been matched to a combine race you can select the correct race here. This will reassign all clockings for the loft to that race. Then go to Reports and re-upload the race to the NDB.

Type over the Entry number and all entries for that loft for this race will be changed automatically.

Add Manually : If a flyer does not have an electronic clock, use the Manual Clocking screen to enter data for each bird that clocked. After you enter information used to determine flyer clock deviation from master time (master clock start date/time, master clock end date/time and flyer clock stop date/time) you can repetitively enter multiple birds without having to re-enter deviation data. If you switch to another flyer, enter the deviation data for the new flyer.

When entering bands in manual clocking, type-ahead is in effect. As a band number begins to be typed in, a list of the loft’s birds that match the characters typed so far is presented and you can choose a band from the list. Stored information for that bird is brought in so you don’t have to enter the rest of the band information.

Manual Clocking field edits:

Band organization must be AU or IF or FMC or CN

Bird Color – maximum 4 characters

Add No Report : Do not use Add Manually to add a no report. Use the Add No Report option. Select race name and loft name and enter any band for the loft and number of entries for the loft. The band is required because the clockings table key for storing records is band number, so it doesn’t matter which band number you enter; it is just a place-holder.

The Bird Table is populated automatically with all clocked birds for a loft. If a clocked bird already is in the table it is not replaced. Race secretaries also can add/change/delete birds in the table.

During import from electronic clocking systems the race secretary has the option to use either the color and sex from the Bird Table or use the color and sex from the flyer’s clock.

For lofts with manual clocks, printed race entry sheets can be produced by selecting a loft and then selecting from that loft’s Bird List all birds to be entered.

IMPORTANT: Races must be added only by the race secretary of the highest level organization participating in the race . All subordinate clubs must use that race header when bringing in clockings. That is what controls automatic merging to combine (and concourse, if any).

Add a race : Click the Add New button. A popup message asks, “Is this a combine or concourse race?” You MUST answer YES if your club is part of a combine. Your club race report will still be compiled with clockings you import or add manually .

If you answer NO you will be allowed to add the race as a club-only event. DO NOT ANSWER NO if your club belongs to a combine! Your club’s clockings will NOT be merged into the combine.

Edit a race : Click on a race in the Race List.

You can VIEW a race defined by your parent organization (combine/concourse) but cannot change it.

You can change races that you defined. If you change a race, the race result will be recalculated and a red message will be displayed on the result screen to remind you to re-upload to the NDB.

Add/Edit Race Screen fields :

Organization name will be prefilled with your logged-on organization.

Race Name maximum length is 22 characters and must be unique for this season.

Changes at the Combine level automatically change all subordinate club clockings.

Race Date must be in MM DD YYYY format.

Release must be a letter of the alphabet. Common usage is A for the first release of the day, B for the second release of the day, etc. If your organization has a special race series for which separate average speed, champion bird and champion loft statistics are to be compiled, use C for those races.

Release Time must be HH:MM in military time.

Examples: 7am would be 07:00 and 1pm would be 13:00.

A season (Old Bird or Young Bird) must be selected. Old bird clockings will not be accepted into a young bird race.

Special Race is optional. If you select it the race will not be included in Average Speed, Champion Bird or Champion Loft statistics for the regular season.

Station must be selected from the dropdown list of Stations defined for this organization.

Changes to name or coordinates (in the Station Table) automatically change clockings and recalculate speeds for all subordinate clubs.

Sunrise/Sunset times at the arrival point must be entered (in HH:MM military time) if any clockings to be imported are for days after the release date.

Examples: 6:50pm sunset would be 18:50 and sunrise 5:26am would be 05:26.

Times for all four days must be entered. If sunrise/sunset times have not been entered, any birds clocked on second and subsequent days will be rejected.

Optional: General Conditions, Release Wind/Weather/Temp, and Arrival Wind/Weather/Temp, Custom Points.

Custom Points values may be entered if your organization wants their local race results to show customized values. Otherwise NDB points will be displayed. Race results uploaded to the NDB will show only NDB points in the National Database.

Points is the starting value for the first bird.

Blocksize determines how many birds get the same number of points in the race. (i.e. 5 = 1st – 5th place birds get the same number of points, 6th – 10th place birds get the same number of points. This field is usually 1)

Decrement is the amount of decrease in points from one place to the next place in the race. (i.e. 1st, 2nd, 3rd, etc.) (i.e. “5” indicates the 1st place bird receives the maximum number of points, 2nd place receives 5 fewer than the 1st place bird, 3rd place receives 5 fewer than the 2 nd place bird, etc.) This can be any whole number.

Stop Points determines where to stop awarding points.

Race List : The first tab lists all races that have been defined for the current organization. The second tab lists all races that have been defined for the higher-level parent organization, if any.

Example 1: If you are a race secretary for a standalone club that is not part of a combine, the first tab will list your club-only races and the second tab will have no races listed.

Example 2: If your club belongs to a combine and you chose your club race secretary role, the first tab will list your club-only races and the second tab will list your parent combine’s races.

Example 3: If you are a combine race secretary and you chose that role, the first tab will list your combine races and the second tab will list your parent concourse races (if your combine is a member of a concourse).

Example 4: If you are a concourse race secretary and you chose that role, the first tab will list your concourse races and the second tab will have no races listed.

Clockings for flyers listed in the AU Office Database as members of your club are eligible to be brought into your race reports.

Club loft information can be populated from data in your PC Winspeed backup file (Master Lists, Backup Data). To assure eWinspeed lofts are synchronized with Member records in the AU Office database, flyer first name and last name coming in from PC Winspeed must match the AU Office database Member first name and last name for this AUID. The flyer also must be a member of your club in the AU Office database. If they are rejected during import call the AU Office at 405-848-5801 and resolve the discrepancy. Non-matches and non-members of this club are rejected.

Some members pay their AU dues as an individual or through another club. The AU Office staff can add your club to the Member record. Then re-importing from your PC Winspeed backup file will bring in that member. Only flyers in the current Loft List for your club can have clockings imported or manually entered for club races.

Manage Sections : If your club has sections you can add the section 1-character code and its long name by clicking Manage Sections. Then you can assign a section code to each listed loft. Sections are optional and are used to produce separate section race reports.

Combines and Concourses inherit loft information from their member clubs. If you are logged on as a combine or concourse race secretary the inherited lofts will be displayed in the Loft List. Combine or Concourse sections can be entered in the same manner as club sections.

Manual Loft Entry

: You can enter Loft information manually by clicking “Add New”. When you start to enter the AUID number a list of your club members will be displayed and you must choose a person from that dropdown list. Their data will be filled in from the AU Office database. If you have sections in your club, click in the Section box and a dropdown list of sections you created via the Manage Sections button will show. Select a section. Select Competition Level (Open or Junior). Enter Loft Latitude and Longitude in either degrees, decimal minutes (DD:MM.mmmm) or degrees, minutes, decimal seconds (DD:MM:SS.ssss) format. When you save the Loft record eWinspeed will convert Latitude and Longitude to GPS format, so the numbers you entered will change. They represent the same point on the map as the format you entered

Station information can be populated from data in your PC Winspeed backup file (Master Lists, Backup Data). For clubs, stations are only needed if the club has stand-alone races that are not released with other clubs in a combine.

Stations must be defined at the highest level of competition so if your combine releases with other combines in a concourse, the combine race secretary would not need stations either but the concourse race secretary would import them.

Manual Station Entry : You can enter Station information manually by clicking “Add New”. Enter the station name and Latitude/Longitude in either degrees, decimal minutes (DD:MM.mmmm) or degrees, minutes, decimal seconds (DD:MM:SS.ssss) format. When you save the Station record eWinspeed will convert Latitude and Longitude to GPS format, so the numbers you entered will change. They represent the same point on the map as the format you entered.

General distance of the station must be entered. This is the average distance your organization uses for the race.

S (short), M (medium) or L (long) distance must be entered. Example: If you enter M this race will be included in reports where M (medium distance) is selected.

Load diploma blanks purchased from the AU Office into your printer and the wording will be superimposed on the diploma blank. It is suggested that you print a diploma on plain paper first to assure margins are set properly. Margins can be set in the Print popup box.

You can print diplomas for Champion Loft and Average Speed at end-of-season.

You can also print diplomas for a single flyer for the entire race series. Select the flyer from the dropdown list and click “Download all Loft Weekly Race Diplomas”.

Diplomas for all flyers in a single race can be printed with the “Download Diplomas” option on the Reports screen.

TERMS USED IN THE REPORTS:

UNIRATE – Universal Performance Rating. Percentiles for each race performance are calculated by dividing the bird's position in a race by the total number of birds entered in the race and converting the result into a percentage.

POINTS – Points are earned by the top 20% of birds clocked in a race, so the beginning factor is that 20% figure and it is decremented by 1 for each successive position. Distance and overall number of birds entered in the race also are factors in the calculations. Local reports points are slightly different from National Database points where distance is not a factor. Organizations have the option to customize local points by specifying a starting points value, blocksize, decrement and stop points value on the Add/Edit Race screen.

LOFT POINTS – Sum of all a loft’s bird points in a race divided by the number of birds entered by that loft. A minimum 5 birds must be entered to earn Loft Points.

PRINTING OR SAVING REPORTS: For all reports click “Print” to bring up the Print setup box where you can choose your printer or save the report to a PDF. Other print options also are available to choose number of copies, etc.

SELECTION CRITERIA: Some reports have various selection options that limit the report to specific criteria:

Section as defined in Lofts.

Points Type (standard or custom) as defined on the race header.

Report Type (Full or Short).

The full report lists all birds that clocked.

The short report lists top 20% of birds that clocked plus the first bird from each loft

that did not clock in the top 20%.

Distance (All or S-short, M-medium, L-long)

Release (All or A/B/C)

Weekly Race Report # 1: After all clockings and no reports have been entered for a race, select this option to review the report. Then click the “Upload to NDB” button to see race header information such as Race Name, Date/Time of Release, Season, Organization Name, Station, Birds and Lofts participating and weather information. This also releases that report to the NDB, adds your club’s data to local reports such as Average Speed, Champion Loft and Champion Bird, and automatically merges your club’s clockings to your combine (if any). For combine it automatically merges clockings to the concourse (if any).

Click “Upload to NDB” even if your club had less than 3 lofts competing. The report will not be uploaded to the NDB but your data will be merged to the higher level organization (combine, concourse if any).

Average Speed Report #2 : Average speed of the first bird clocked by each loft in each race of the season, sorted by descending average speed. The lofts must clock in all races to stay in average speed.

Champion Bird Report #3: Total points earned by a bird in all regular (not Special) races to date, sorted by descending total points. Click on any individual bird line to see the races in which the bird earned points.

Champion Loft Report #4: Total points earned by a loft (all its birds) in all regular (not Special) races to date, sorted by descending total points. Click on any individual loft line to see the races in which its birds earned points (sorted by descending points).

Master Loft Report #4M: Same as report #4 but with added columns of Number of Entries and Points per bird.

Race Winner Report #5 : First place winner information for each race in the series. Often used to prepare award plaques.

Single Flyer Report #6 : For a selected loft list all birds entered in each race, their position on the results, and points earned.

UPR Race Report #20 : The first 5 birds basketed for a race are automatically given nominations 1-5. For a selected race this report shows Unirate and nomination points earned by those birds.

Sections 1 and 4 are identical to a Weekly Race Report with the addition of

UNIRATE in column 2

NM (nomination) in column 7

PT (nomination points) in column 12.

Nomination points are assigned as follows:

Each bird nominated 1 or 2 that places in the top 10% on the race sheet gets 15.

Each bird nominated 3 to 5 that places in the top 10% on the race sheet gets 10.

Each bird nominated 1 to 5 that places 11% to 20% on the race sheet gets 10.

Each bird with nomination 0 that places in the top 20% on the race sheet gets 5.

Section 2 TWO-BIRD NOMINATED REPORT lists each loft where either their #1 or #2 nominated bird placed in the top 20% on the race sheet. If both birds placed they are listed first (in ascending Unirate order). If only one placed the report says “Missed” for the second bird and does not include the missed bird in average Unirate. The one-bird-only lofts are listed in ascending Unirate order.

Section 3 TEAM SCORE REPORT sorted by descending team score.

NOM is cumulative points over 5 in the top 20%.

BASIC is the loft’s number of birds in the top 20% times 5.

ENTRY is the number of birds the loft entered in the race.

NET is NOM + BASIC – ENTRY.

DF is the average distance for all flyers entered in the race, expressed as a percentage.

All distances are rounded.

TEAM SCORE (rounded) is NET times DF.

Nomination Race Report #20N : Same as #20 but lists only the nominated birds (NM > 0) and there is no Team Score section.

UPR Ace Pigeon Report #21 : Same as the National Database Ace Pigeon reports with just two differences:

It only lists flyers in the current organization.

It does not limit the report to birds with less than 10% Average Unirate.

This gives the local flyer an idea how their birds compare to others in the organization and also says how close the bird is to being listed in the NDB Ace Pigeon Award standings. The NDB only lists those with less than a 10% Average Unirate.

Criteria: The best pigeon single series performance at middle distances (75-350 miles) based upon UPR (lowest UPR is best).

· Single series

· Single bird

· Average UPR best 4 races (different release date/times)

· Each race must be 75 to 350 miles

· Total distance of the 4 races must be at least 800 miles

Station/Loft Report #24 : For a selected station lists all the organization’s lofts and their distance to that station.

Stations Report #25 : For each of this organization’s stations lists the station name, latitude, longitude, general distance and distance category (S-short, M-middle, L-long).

Lofts Report #26 : For each loft in this organization lists loftname, flyer’s first and last name, phone number, city, state, latitude and longitude.

This option gives general information about how to get started in eWinspeed, basic features, and design details. Helptexts on each main menu option’s home screen give detailed information about that option. Click the question mark in the upper right corner of the screen to view that information.

Reports

Change to view other organization's reports.

Only active organizations with clockings and races will appear in this list.

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Triggers automatic merging to higher orgs

Upload Clockings

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Status Name Loft Race Entry Band Sex Color Arrival Nom Dist YPM Nts

Lofts

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arrow_backEdit Loft Sections

Section Loft Name First Last AUID Latitude Longitude

These are the lofts in your club.

These are the lofts in clubs in your organization.

Loft Name Org First Last AUID Latitude Longitude

Station List

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For reference, this lets you view all stations on the NDB.
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Diplomas Section

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Download Diplomas
Download All Champion Loft Diplomas
Download All Average Speed Diplomas

Weekly Race Diplomas

Birds

These birds can be easily added on the 'Manual Add Clocking' dialog.

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Format: 0000
Format: AU
Format: 00
Format: AAAA
H or C
4 character max
Select the loft and birds you would like to be on the entry sheet.
Select Loft Band Number Sex Color Phone Action
Select A Loft Above

Races

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These are races that you have created.

Series Race Name Date Release Station

These are races added by a parent organization that you can list your clockings in.

Series Name Date Release Station

Welcome to EWINSPEED!

Import Lofts and Stations from WinSpeed

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Changelog:

Released: Aug 22, 2019
  • bug fix: loft gps message stayed when adding a second loft
  • bug fix: lofts not saving correctly
  • improvement: added offline / online connection popups
Released: Aug 19, 2019
  • improvement: improved server caching
  • improvmenet: refactored some server code for speed
Released: Aug 19, 2019
  • bug fix: improved race saving function to avoid some disappearing (ref #235)
  • bug fix: clubs with more than 2 parent combines were not seeing all races (ref #234)
  • update: fixed some server side issues
  • update: YB season has default 19 in the band no inputs
  • bug fix: loft map showing up when clicking add new
  • bug fix: duplicate lofts were able to be added (ref #228)
  • bug fix: clockings not loading for combines in local reports (ref #232)
Released: Aug 13, 2019
  • update: races with clockings can no longer have their names changed
  • update: apostrophes on loft names are now automatically converted to spaces on import
  • bug: DD:MM:SS.ssss and DD.dddd not properly processed by GPS converter
Released: July 17, 2019
  • bug: Champion loft diplomas didn't show the correct season (ref #189)
  • bug: Average speed diplomas were not working (ref #190)
Released: July 12, 2019
  • bug: help text was in improper position on bird edit and add boxes (ref #172)
  • change: bird sex is no longer required on the birds page (ref #172)
Released: July 11, 2019
  • change: made loft race entry a requirement when adding clockings (ref #185)
  • change: made race duplicate check less exact, to catch spacing and lettercase differences (ref #171)
  • change: improved race release time and format of add/edit race page (ref #176)
Released: July 10, 2019
  • change: made the clock positions / races import dialog smaller for low resolution displays (ref #168)
  • change: updated the import dialog to work more smoothly
Released: July 9, 2019
  • bug fix: Taurus files with flight #s > 10 didn't load correctly (ref #184)
  • bug fix: diplomas return in proper amounts (ref #180)
  • change: add race header changed to add/edit race (ref #163)
Released: June 27, 2019
  • bug fix: master loft report had improper calculations
Released: June 26, 2019
  • bug: average speed report wasn't displaying single race versions
  • update: added total points to master loft report
Released: June 22, 2019
  • bug: races could be added with improper date formats
Released: June 20, 2019
  • update: Added drop down to champ loft report #4
  • update: Added drop down to average speed report #4
Released: June 18, 2019
  • update: Added master loft report (ref #153)
Released: June 12, 2019
  • update: added help sections individual for each page
Released: June 7, 2019
  • fix: issue with average speed report not loading (ref #159)
  • fix: lofts not showing for combines in local reports (ref #160)
  • update: report loft selection now shows first & last names
  • update: report selector appears only when an organization has been selected
Released: June 4, 2019
  • fix: issue with combine race reports displaying and uploading child club's races that hadn't been uploaded to the NDB yet
  • fix: issue with lofts not displaying in combines in local reports
  • fix: nomination report was displaying birds nominated > 5
  • update: removed champion bird clockings with 0 points
  • update: added info message to upload button (Ref #133)
  • update: lofts now are confirmed with the NDB office, previously only confirmed on import (Ref #108,#139)
  • update: only flights matched with races will now import, others will be ignored
  • update: admin page stat improvements
Released: June 3, 2019
  • update: changed wording from 'Add Clocking' to 'Add/Edit Clocking' (ref # 148)
  • fix: champion loft not loading (ref #150)
  • fix: issue with tabs improperly showing (ref #146)
  • fix: Race Winner Report only displaying one race (ref #147)
  • fix: issue with single flier report not breaking on race (ref #151)
  • feature: champion bird report can now be expanded to view details, old version was confusing (ref #149)
  • fix: some races wouldn't show nomination report info (ref #136)
  • fix: diplomas were displaying all clockings instead of top 20% (ref #66)
Released: May 30, 2019
  • update: added return to NDB button on the local reports
  • fix: nav links would now return after signing in from local reports
  • update: security improvements
Released: May 29, 2019
  • update: set default value for second band section to be 'AU'
  • update: changed alien band validation function to ignore leading zeros
  • fix: further improved tauris flight import
Released: May 28, 2019
  • fix: issue with hyphened org names uploading to ndb
  • update: built out band validation backend
Released: May 27, 2019
  • fix: issue with Unikon flights not showing in the import dialog
  • fix: races not displaying on local reports when looking at a club not logged in with
Released: May 24, 2019
  • feature: added ability to edit birds after adding them to bird list (ref #92) Example
  • fix: bug where updated bird would be pushed to end of birdlist
  • update: improved reports page viewability on mobile
  • update: increased select box size on all pages for more content without scrolling
Released: May 23, 2019
  • feature: added station filter for report #24 (ref #94)
  • feature: added forgot password / request username buttons (ref #118)
  • fix: update Victory and Tauris to show flight list instead of loft lis (ref #128)
  • fix: small bug for logging in certain race secretaries
  • fix: bug where save/delete clocking button would disappear on edit clocking page after adding one manually (ref #116)
  • feature: added changelog!
Released: May 22, 2019
  • fix: issue with 'Invalid Date' for non-clocking files in upload dialog
  • fix: header was improperly sized for many laptop screens and long org names

eWinSpeed

User Agreement

This WinSpeed™ User License Agreement (the “Agreement”) contains the terms and conditions upon which American Racing Pigeon Union, Inc., an Oklahoma corporation (“AU”), grants to you (“Licensee”) a limited license to the WinSpeed Software as defined below. Please read this Agreement carefully, by clicking “I AGREE”, installing or otherwise using the WinSpeed Software, you acknowledge that you have read and accept the terms and conditions of this Agreement in its entirety. If you are entering into this Agreement on behalf of a racing pigeon club, the club must be a club which is authorized by AU and registered on AU’s website. You warrant and represent to AU that you are authorized to enter into this Agreement on such club’s behalf. The terms and conditions that follow cannot be altered, modified, or amended without the written consent of AU.
1. DEFINITIONS
a. AU’s Confidential Information - The WinSpeed Software and all of the software code (including, but not limited to, any third party software licensed with the WinSpeed Software), Documentation and any Trade Secret, concepts, ideas, improvements, processes, plans, designs, specifications, architecture, database tables and structures, data record layouts, models, methods, processes, algorithms, content, data bases, and all other AU information, whether patentable or not, that is provided, developed, conceived or in any way disclosed by AU to Licensee. b. Designated User - Either an individual Licensee or a current member of an authorized AU club Licensee. c. Documentation - “Documentation” means collectively: (i) all of the written, printed, electronic, or other format materials published or otherwise made available by AU to Licensee that relate to the technical aspects of the WinSpeed Software including its functional, operational, and/or performance capabilities; and, (ii) all user, operator, system administration, technical, support, and other manuals and all other written, printed, electronic, or other format materials published or otherwise made available by AU that describe the functional, operational, and/ or performance capabilities of the WinSpeed Software. Documentation shall not include source code or executable(s). d. Effective Date -The Effective Date shall be the date of Licensee’s order submission to AU, subject to Licensee's full payment of the required license fees. e. Permitted Purposes - The WinSpeed Software shall only be used by a Designated User for permitted purposes consisting of use by race secretaries [expand as appropriate] and in accordance with the instructions provided by AU for use of the WinSpeed Software as such instructions may change from time-to- time. For the avoidance of doubt, the following are not Permitted Purposes: [Fill in] 2 f. Sites - AU and WinSpeed web sites (https://www.pigeon.org/ and https://winspeed.pigeon.org/winspeed.php). g. WinSpeed Software -The WinSpeed [Version ____] software and any associated media, executables, object code, files, databases, printed and/or online Documentation, and other materials that are licensed to Licensee. h. WinSpeed Data - Data that is collected or transmitted through the use of the WinSpeed Software or stored by AU. i. AU’s Intellectual Property - Proprietary information and/or data including, but not limited to, Trade Secrets, copyrights, trademarks, inventions (whether patentable or not), concepts, ideas, methods, techniques, formulas, algorithms, logic designs, screen displays, schematics, source and object code, computer programs. j. Term - The initial term of this Agreement shall begin on the Effective Date and shall end when the specified duration after activation expires. AU and Licensee can extend the initial term of this Agreement by mutual written agreement. k. Territory - United States of America. l. Trade Secret - Trade Secret shall mean, without limitation, any scientific or technical data, information, design, process, procedure, formula, or improvement that is commercially valuable to AU and not generally known in the industry or field.
2. LICENSE
a. Subject to the terms of this Agreement and timely payment of the required license fees, AU hereby grants to Licensee, and Licensee accepts, a nonexclusive and nontransferable right and license to use the WinSpeed Software in the Territory, without a right to sublicense, during the Term for the Permitted Purposes, according to the terms set out herein. All other uses are prohibited. b. The WinSpeed Software may include third party software components. The third party software terms will govern Licensee’s use of the third party software, and if there is inconsistency, those terms will take precedence over the terms of this Agreement for the third party software. Licensee agrees that the owners of the Third Party software are intended third party beneficiaries to this Agreement in relation to Licensee’s use of third party software. c. Licensee agrees to accept full responsibility for all activities that occur in relation to its use of the WinSpeed Software. If any unauthorized person obtains access to the WinSpeed Software as a result of any act or omission by Licensee or its 3 member, Licensee shall use its best efforts to ascertain the source and manner of access and shall fully and promptly notify AU.
3. NEW VERSIONS AND SUPPORT
During the Term of this Agreement, Licensee may, at AU’s election, be allowed to access future versions of the WinSpeed Software, but AU has no obligation to make new versions available or to continue to make the current versions available in the future. Any and all such versions which may be made available by AU are subject to the terms and conditions of this Agreement. AU also has no obligation under this Agreement to provide ongoing support of any kind for the WinSpeed Software and/or Sites. 4. RESTRICTIONS a. Licensee agrees that it will not assign, sublicense, transfer, pledge, lease, rent, loan, or share its rights under this Agreement. b. Licensee agrees that it will not use the WinSpeed Software, WinSpeed Data, AU’s Confidential Information or AU’s Intellectual Property for any other purpose than the Permitted Purposes. c. Licensee agrees it will not (i) modify, augment, translate, reverse engineer, disassemble or decompile the WinSpeed Software; (ii) create or attempt to create any derivative works of the WinSpeed Software or Documentation; or, (iii) permit or assist others in performing any of the foregoing. d. Licensee agrees it will use the WinSpeed Data only for Permitted Purposes and will not modify, manipulate, scrape, data mine, merge into other files or formats, or otherwise use or transmit the WinSpeed Data. e. Apart from installation of the WinSpeed Software pursuant to the license granted by this Agreement, Licensee is prohibited from making copies of the WinSpeed Software, except that it is permitted to make a copy of any locally executed WinSpeed Software as part of a regularly scheduled incremental or full backup procedure. Licensee may make copies of the Documentation as is reasonably necessary to fulfill the aims of this Agreement. f. Licensee agrees to use reasonable security practices and to not use the WinSpeed Software or Sites in any manner which could damage, disable, corrupt, hijack, overburden, or impair the Sites or interfere with or monitor any other party's use and enjoyment of the Sites. g. Licensee may not utilize AU’s Intellectual Property in any manner inconsistent with this Agreement, including but not limited to using or displaying any AU trademarks in any manner without AU’s prior written consent.
5. PRIVACY POLICY AND PUBLICITY
4 AU shall be allowed to post or otherwise publish Licensee’s name and likeness, including images of Licensee’s members, representatives, agents, family members and guests at racing events for publicity and promotional purposes unless Licensee notifies AU in writing that it does not wish for its name or likewise to be used.
6. TERM AND TERMINATION
a. Subject to receipt by AU of full payment of the required amounts, this Agreement will commence upon the Effective Date and shall continue for the Term unless earlier terminated. b. This Agreement can be renewed for additional periods by mutual consent of the parties as evidenced by written notice (to include electronic communication of same), and payment by Licensee of the current required fees. c. AU may terminate this Agreement at any time. Without limiting the foregoing, AU shall have the right to immediately terminate in the event of any conduct by Licensee which AU, in its sole discretion, considers to be unacceptable, or in the event of any breach of this Agreement by Licensee or its members. The provisions of Sections 4, 5, 7, 8, 9, and 10 will survive termination of this Agreement for any reason.
7. WAIVER OF CLASS ACTION
To the fullest extent allowed by law, Licensee waives any rights to trial by jury and agrees not to bring or participate in a class action, private attorney general action or any other similar litigation.
8. GOVERNING LAW AND DISPUTE RESOLUTION
This agreement will be governed by and construed in accordance with the laws of the State of Oklahoma, U.S.A. without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply to this Agreement. This Agreement will be subject to the exclusive jurisdiction of the state and federal courts serving Oklahoma County, Oklahoma, U.S.A., and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
9. INDEMNIFICATION/RELEASE
Licensee agree to indemnify, defend and hold harmless AU, and its officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) Licensee’s use or misuse of the WinSpeed Software, Sites or any other AU services; (ii) Licensee’s violation of these Terms; and (iii) Licensee’s breach of the representations, warranties, and covenants herein. AU reserves the right, at Licensee’s expense, to assume the 5 exclusive defense and control of any matter for which Licensee is required to indemnify AU, and Licensee agrees to cooperate with AU’s defense of such claims. Licensee agrees not to settle any matter without the prior written consent of AU. Each party will use reasonable efforts to notify the other of any such claim, action or proceeding upon becoming aware of it.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Licensee acknowledges that there are risks inherent in the use of the WinSpeed Software, Sites, and internet connectivity that may result in interruptions or errors, loss of privacy, confidentiality, information or property, as well as other losses, damages or adverse occurrences, regardless of the measures taken to avoid such occurrences. The Sites may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that access to the Sites may be interrupted, suspended or terminated The WinSpeed Software, Sites, Documentation, and any other materials or services provided to Licensee by AU pursuant to this Agreement are provided on an “as-is” basis and with all faults. AU disclaims all warranties of any type or kind, whether express or implied. AU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT PURSUANT TO THE UNIFORM COMMERCIAL CODE AND ANY OTHER APPLICABLE LAW. In no event will AU be liable for any losses or damages incurred by Licensee, whether direct, indirect, incidental, special, exemplary or consequential, loss of information, the cost of recovering such lost information or any other pecuniary loss arising from the use of, or the inability to use, the WinSpeed Software, Sites. AU’s aggregate liability in respect of any and all claims will be limited to the license fees paid by Licensee to AU pursuant to this Agreement. The foregoing limitations apply regardless of the cause or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. FORCE MAJEURE
AU shall not be responsible for any delays, failures or outages arising out of causes beyond its reasonable control. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, earthquakes, electrical outages, computer or communications failures, severe weather, and acts or omissions of subcontractors or third parties.
12. SEVERABILITY
6 If, after the date hereof, any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable. In lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
13. NO WAIVER
Any failure by AU to enforce any provisions of this Agreement or to respond to a breach by Licensee or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.