END
USER LICENSE AGREEMENT
Terms
and Conditions
Version 1.1
November 6, 2024
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.
1.8. Privacy policy
The
licensee declares to know and accept the privacy policy published on the WISEXT
website: www.wisext.com.
2. Communication
2.1. Contact
The
licensee can contact WISEXT at: https://www.wisext.com/contact .
The
licensee agrees that WISEXT may communicate with you via the WISEXT
application.
The licensee
may authorize or prohibit email communication through their profile created on
the WISEXT website. However, WISEXT is permitted to respond to the licensee via
email when the licensee submits a question through the contact form on the
WISEXT website.
2.2. Data Exchange and Information
The user
also accepts that WISEXT TOOLS may display information or advertisements,
without the option to skip them before they conclude.
3. DURATION
3.1. 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.
3.2. Termination
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.
4. FEE
4.1. 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.
4.2. Payment through Non-Monetized Contribution.
Users of
WISEXT TOOLS may be requested at any time to support these tools, for example,
by providing feedback on social networks. Users are completely free to express positive or
negative opinions, while remaining decent and polite in their remarks. Any gratuitous attacks or insults may
result in the suspension of access to the software.
4.3. 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.
4.4. 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.
4.5. Support
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.
5. MODIFICATION OF
THE TOOLS
5.1. Modification by WISEXT
WISEXT can
modify any functionality of the tool at any time.
5.2. 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.
5.3. Interoperability
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.
6. DISCLAIMER OF
WARRANTY AND LIMITATION OF REMEDIES
6.1. 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.
6.2. 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.
6.3. 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.
6.4. 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.
7. 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.