END USER LICENSE AGREEMENT
Terms and Conditions
January 7, 2020
1. GENERAL CLAUSES
1.1. Read carefully
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE WISEXT TOOLS.
1.2. Agreement to the terms of this document
BY DOWNLOADING, INSTALLING, USING, TRANSMITTING, DISTRIBUTING OR COPYING THIS WISEXT TOOLS ("THE WISEXT TOOLS"), YOU AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE DISCLAIMER OF WARRANTY) WITH WISEXT THE OWNER OF ALL RIGHTS IN RESPECT OF THE WISEXT TOOLS.
IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE THEN DO NOT DOWNLOAD, INSTALL, USE, TRANSMIT, DISTRIBUTE OR COPY THE WISEXT TOOLS.
THIS DOCUMENT CONSTITUTES A LICENSE TO USE THE WISEXT TOOLS ON THE TERMS AND CONDITIONS APPEARING BELOW.
This End User License Agreement ("Agreement") is between WISEXT (Lesage Olivier), located at 1348 Louvain-la-Neuve, Belgium and the customer (individual or entity) that has downloaded or otherwise procured the licensed Software (as defined below) for use as an end user ("you").
1.3. Definition and scope
This agreement applies to all the softwares or software extensions developed by WISEXT.
They are referred to as WISEXT TOOLS.
1.4. All rights reserved
WISEXT reserves all rights not expressly granted to you. All rights of any kind in the WISEXT TOOLS which are not expressly granted in this Agreement are entirely and exclusively reserved to and by WISEXT.
1.5. Loss of rights
All rights to use the Licensed WISEXT TOOLS are granted on condition that such rights are forfeited for failure to comply with the terms of this Agreement. The License will terminate automatically without notice from WISEXT if you fail to comply with any provision of this License.
1.6. Property and copyright
The Licensed WISEXT TOOLS, including any copies made by or for Licensee, in whole or in part, are the sole property of WISEXT and/or its licensor. All intellectual property rights in the Licensed WISEXT TOOLS belong exclusively to WISEXT. WISEXT shall retain all title, copyright and other intellectual property rights in the Licensed WISEXT TOOLS and all modifications, enhancements or other works derivative of the Licensed WISEXT TOOLS.
Licensee recognizes that methodologies, techniques, expressions, ideas and concepts contained in or expressed within the Licensed WISEXT TOOLS are proprietary information and may be trade secrets of WISEXT or its licensor.
1.7. Language of the authorized text
The English language version of this agreement shall be the authorized text for all purposes, despite translations or interpretations of this agreement into other languages.
1.9. Contact and communication
The licensee can contact WISEXT at: https://www.wisext.com/contact
By subscribing to obtain the license, the licensee agrees that WISEXT may communicate with you to help you to use the WISEXT TOOLS, for instance by email or via the WISEXT application.
2.1. Operating time limit
The WISEXT tools are limited in time.
WISEXT can suspend the development of the tools at any time.
WISEXT reserves the right to revoke the distribution right at any time, for any or no reason.
This license is effective until terminated. Upon termination you must destroy the WISEXT TOOLS and all copies thereof. You may terminate this Licence at any time by destroying the WISEXT TOOLS and all copies thereof.
3.1. Free version
A part of the WISEXT TOOLS is licensed at no charge to end users pursuant to the terms and conditions of this Agreement, although subscription and activation could be required.
The extent of the free version can be reduced by WISEXT at any time.
3.2. Paid version
WISEXT reserves the right to charge for any or all its software(s). The user will be informed through the website www.wisext.com or when using the software. The user may refuse to pay the proposed future services and will uninstall the software.
3.3. You may not sell the WISEXT TOOLS
YOU MAY NOT RENT, LEASE, LOAN, SELL, ONSELL, REQUEST DONATIONS OR CREATE DERIVATIVE WORKS BASED UPON THE WISEXT TOOLS OR ANY PART THEREOF.
There is no support for the free WISEXT TOOLS. There is no obligation on the part of WISEXT to respond to any question or comment.
Any casual free assistance provided by WISEXT in answering some questions does not commit WISEXT to future free assistance.
Only an agreement separate from this agreement can define the terms and conditions of a paid support, with financial remuneration from WISEXT.
4. Modification of the tools
4.1. Modification by WISEXT
WISEXT can modify any functionality of the tool at any time.
4.2. Modification by the user
Unless expressly authorized by the author, Licensee may not modify or make works derivative of the WISEXT TOOLS and their associated data.
Licensee shall not decrypt, reverse engineer, decompile or disassemble the WISEXT TOOLS.
WISEXT does not guarantee any interoperability of its tools with other applications.
Licensee must receive from WISEXT the authorization to use WISEXT TOOLS application programming interface, possibly for a fee.
5. DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES
5.1. AS IS
THIS WISEXT TOOLS IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS WISEXT TOOLS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE RISK OF USING THE WISEXT TOOLS IS ASSUMED BY YOU.
5.2. Waiver of Certain Damages
WISEXT shall not be liable for any loss of use, lost data, failure of security mechanisms, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits or data), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance.
5.3. Limitation of Liability
Notwithstanding any other provision of this agreement, WISEXTs entire liability to you under this agreement shall not exceed the amount actually paid by you to WISEXT under this agreement.
5.4. Disclaimer for High Risk Activities
The software is not fault tolerant and is not designed, manufactured or intended for use in life support, medical, emergency, mission critical or other strict liability or hazardous activities ("high risk activities"). WISEXT specifically disclaims any express or implied warranty of fitness for high risk activities. you represent and warrant that you will not use the software (or permit it to be used) for high risk activities and agree that WISEXT will have no liability for use of the software in high risk activities. you agree to indemnify and hold harmless WISEXT for any damages, liabilities or other losses resulting from such use.
6. Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of Belgium. All disputes arising in connection with the Agreement for which no amicable settlement can be found shall be finally settled by the Courts of Belgium in Nivelles.