THE WIOCEAN BRIDGE SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This WIOCEAN BRIDGE Software License Agreement (hereinafter “Agreement”) is a legal contract between you (either an individual or a single business entity, hereinafter referred to as “Licensee”) and VizLore, LLC, an Illinois limited liability company (hereinafter “VizLore”), for the THE WIOCEAN BRIDGE software (the “Software”) in executable file format only. The term “Software” also includes any supplied corrections, bug fixes, enhancements, updates or other modifications created and supplied by VizLore and any user manuals or other documentation supplied by VizLore in conjunction with the Software.
BY CLICKING THE “ACCEPT” BUTTON BELOW, OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
LICENSE TERMS
a. Grant of License. Provided that Licensee is in material compliance with the terms and conditions of this Agreement, Licensor hereby grants to Licensee, pursuant to the terms and conditions of this Agreement, a nonexclusive, nontransferable license (hereinafter “License”) to use the Software.
b. Authorized Use. Licensee shall use the Software only to activate the WiOcean Bridge device (the “Bridge”) and gather data from EnOcean sensory devices connected to the Bridge. The License granted hereunder allows Licensee to use the Software to establish an Internet connection to and manage an EnOcean device, acquire sensory data from an EnOcean device, to transport that data via WiFi connectivity (“Services”).
c. Restrictions on Use. Licensee agrees to use the Software only for purposes set forth herein for Licensee’s own business. Under no circumstances shall Licensee:
transfer title to or permit any unrelated third parties to use the Software;
distribute, sublicense or otherwise provide copies or any rights in relation to the Software to any third party;
use the Software in the operation of a service bureau;
d. Modifications; Reverse Engineering. Licensee agrees that only Licensor shall have the right to alter, maintain, enhance or otherwise modify the Software. Licensee shall not disassemble, decompile or reverse engineer the Software or attempt to do the same. Licensee shall not permit or assist any third party to disassemble, decompile or reverse engineer the Software.
e. Material Terms and Conditions. Licensee specifically agrees that each of the terms and conditions of this Section 1 are material and that failure of Licensee to comply with these terms and conditions shall constitute sufficient cause for Licensor to terminate this Agreement. The presence of this Subsection 1.e shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either Party.
f. Reservation of Rights. Licensor hereby reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, Licensor’s right to license the Software to any third party.
g. Term of License. Unless otherwise terminated as set forth herein, the term of the License granted hereunder shall extend for the lifetime of the Bridge to which the License is assigned by the Licensee.
h. Representations by Licensee. By accepting this Agreement and/or by using the Software, Licensee hereby represents and warrants that all information provided by Licensee to Licensor during the registration process for the Software is true and accurate in all material respects. Licensee further represents and warrants that Licensee has been duly authorized to enter into this Agreement for and on behalf of any person, company, or other entity specified during the initial registration process for the Software. Should either of these representations prove false at any time, Licensor may, in Licensor’s sole discretion, immediately discontinue Licensee’s access to and disable Licensee’s use of the Software without notice and without recourse by Licensee.
INTELLECTUAL PROPERTY RIGHTS
a. Title. Licensee and Licensor agree that Licensor owns all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Software and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the Software, whether made by Licensor or any third party. No title to the Software is transferred hereby and Licensee’s rights hereunder are strictly limited as set forth herein.
b. Transfers. Under no circumstances shall Licensee sell, license, publish, display, distribute, or otherwise transfer to a third party the Software or any copy thereof, in whole or in part, without Licensor’s prior written consent.
WARRANTY; DISCLAIMER OF WARRANTIES
a. Warranty. Licensor warrants to Licensee that the Software will at all times substantially comply with VizLore’s then current specifications for the Software.
b. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE, DOCUMENTATION AND OTHER FILES ARE PROVIDED “AS IS.” VIZLORE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to Licensee. This warranty gives Licensee specific legal rights, and Licensee may also have other legal rights, which vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
IN NO EVENT WILL VIZLORE BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR FROM ANY BREACH OF WARRANTY, EVEN IF VIZLORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL PROVISIONS
a. Modifications. VizLore may alter or revise the terms of this Agreement by giving Licensee thirty (30) days notice of the changes to be made. If Licensee does not agree to accept the changes, Licensee’s sole remedy shall be to discontinue Licensee’s use of the Software.
b. Governing Law/Venue/Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Venue and jurisdiction shall be proper only in the state of Illinois and each party hereby consents to such exclusive and personal jurisdiction and venue.
c. Termination. Without prejudice to any other rights, VizLore may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement. In such event, VizLore may deny access to the Software and Licensee must discontinue use of the Software.
d. Severability. Except as otherwise set forth in this Agreement, the provisions of this Agreement are severable, and if any one or more such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law.
e. Complete Agreement. The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to the subject matter.
f. Waiver. Any waiver, either expressed or implied, by either party of any default by the other in the observance and performance of any of the conditions and/or covenants of duties set forth herein shall not constitute or be construed as a waiver of any subsequent or other default.
g. Read and Understood. Licensee hereby acknowledges that it has read and understands this Agreement and agrees to be bound by its terms.
h. Headings. The headings to the Sections and Subsections of this Agreement are included merely for convenience of reference and shall not affect the meaning of the language included therein.
I have read and understood this Software License Agreement
THE WI-BLUE GATEWAY SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This WI-BLUE GATEWAY Software License Agreement (hereinafter “Agreement”) is a legal contract between you (either an individual or a single business entity, hereinafter referred to as “Licensee”) and VizLore, LLC, an Illinois limited liability company (hereinafter “VizLore”), for the THE WI-BLUE GATEWAY software (the “Software”) in executable file format only. The term “Software” also includes any supplied corrections, bug fixes, enhancements, updates or other modifications created and supplied by VizLore and any user manuals or other documentation supplied by VizLore in conjunction with the Software.
BY CLICKING THE “ACCEPT” BUTTON BELOW, OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
LICENSE TERMS
a. Grant of License. Provided that Licensee is in material compliance with the terms and conditions of this Agreement, Licensor hereby grants to Licensee, pursuant to the terms and conditions of this Agreement, a nonexclusive, nontransferable license (hereinafter “License”) to use the Software.
b. Authorized Use. Licensee shall use the Software only to activate the Wi-Blue Gateway (the “Gateway”) to detect and/or communicate with Bluetooth enabled devices. The License granted hereunder allows Licensee to use the Software to establish an Internet connection to and manage the Gateway, acquire presence, proximity and engagement data from an enabled device, and to transport that data via WiFi connectivity (“Services”).
c. Restrictions on Use. Licensee agrees to use the Software only for purposes set forth herein for Licensee’s own business. Under no circumstances shall Licensee:
transfer title to or permit any unrelated third parties to use the Software;
distribute, sublicense or otherwise provide copies or any rights in relation to the Software to any third party;
use the Software in the operation of a service bureau;
d. Modifications; Reverse Engineering. Licensee agrees that only Licensor shall have the right to alter, maintain, enhance or otherwise modify the Software. Licensee shall not disassemble, decompile or reverse engineer the Software or attempt to do the same. Licensee shall not permit or assist any third party to disassemble, decompile or reverse engineer the Software.
e. Material Terms and Conditions. Licensee specifically agrees that each of the terms and conditions of this Section 1 are material and that failure of Licensee to comply with these terms and conditions shall constitute sufficient cause for Licensor to terminate this Agreement. The presence of this Subsection 1.e shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either Party.
f. Reservation of Rights. Licensor hereby reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, Licensor’s right to license the Software to any third party.
g. Term of License. Unless otherwise terminated as set forth herein, the term of the License granted hereunder shall extend for the lifetime of the Gateway to which the License is assigned by the Licensee.
h. Representations by Licensee. By accepting this Agreement and/or by using the Software, Licensee hereby represents and warrants that all information provided by Licensee to Licensor during the registration process for the Software is true and accurate in all material respects. Licensee further represents and warrants that Licensee has been duly authorized to enter into this Agreement for and on behalf of any person, company, or other entity specified during the initial registration process for the Software. Should either of these representations prove false at any time, Licensor may, in Licensor’s sole discretion, immediately discontinue Licensee’s access to and disable Licensee’s use of the Software without notice and without recourse by Licensee.
INTELLECTUAL PROPERTY RIGHTS
a. Title. Licensee and Licensor agree that Licensor owns all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Software and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the Software, whether made by Licensor or any third party. No title to the Software is transferred hereby and Licensee’s rights hereunder are strictly limited as set forth herein.
b. Transfers. Under no circumstances shall Licensee sell, license, publish, display, distribute, or otherwise transfer to a third party the Software or any copy thereof, in whole or in part, without Licensor’s prior written consent.
WARRANTY; DISCLAIMER OF WARRANTIES
a. Warranty. Licensor warrants to Licensee that the Software will at all times substantially comply with VizLore’s then current specifications for the Software.
b. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE, DOCUMENTATION AND OTHER FILES ARE PROVIDED “AS IS.” VIZLORE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to Licensee. This warranty gives Licensee specific legal rights, and Licensee may also have other legal rights, which vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
IN NO EVENT WILL VIZLORE BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR FROM ANY BREACH OF WARRANTY, EVEN IF VIZLORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL PROVISIONS
a. Modifications. VizLore may alter or revise the terms of this Agreement by giving Licensee thirty (30) days notice of the changes to be made. If Licensee does not agree to accept the changes, Licensee’s sole remedy shall be to discontinue Licensee’s use of the Software.
b. Governing Law/Venue/Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Venue and jurisdiction shall be proper only in the state of Illinois and each party hereby consents to such exclusive and personal jurisdiction and venue.
c. Termination. Without prejudice to any other rights, VizLore may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement. In such event, VizLore may deny access to the Software and Licensee must discontinue use of the Software.
d. Severability. Except as otherwise set forth in this Agreement, the provisions of this Agreement are severable, and if any one or more such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law.
e. Complete Agreement. The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to the subject matter.
f. Waiver. Any waiver, either expressed or implied, by either party of any default by the other in the observance and performance of any of the conditions and/or covenants of duties set forth herein shall not constitute or be construed as a waiver of any subsequent or other default.
g. Read and Understood. Licensee hereby acknowledges that it has read and understands this Agreement and agrees to be bound by its terms.
h. Headings. The headings to the Sections and Subsections of this Agreement are included merely for convenience of reference and shall not affect the meaning of the language included therein.
I have read and understood this Software License Agreement
Price: $50.00
Price: $50.00
Price: $50.00
Price: $50.00