End User License Agreement (EULA)

IMPORTANT READ CAREFULLY:

This End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) ("Licensee") and WebGear Ltd. software product(s) accompanying this Agreement, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials, including the source code, example programs and the documentation ("Licensed Software").

Where this agreement states: "our" or "we" includes WebGear Ltd. or any party acting on behalf of WebGear Ltd.

Where this agreement states: "you", "customer", "purchaser" or "user" means the Licensee, and includes the person purchasing the services or any party acting on the customer's instructions - the. If representing a business or organization, we assume that you are authorized to agree to the terms and conditions of service outlined here on behalf of the said business or organization.

Where this agreement states: "product", "service" and "support" includes the products and services provided by WebGear Ltd.

 

2. AGREEMENT.

By purchasing, installing, copying, or otherwise using the Licensed Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms of this Agreement, Licensee may not purchase, install, copy, or otherwise use the Licensed Software. In addition, by installing, copying, or otherwise using any updates or other components of the Licensed Software that Licensee received separately as part of the Licensed Software ("Updates"), Licensee agrees to be bound by any additional license terms that accompany such Updates. If Licensee does not agree to the additional license terms that accompany such Updates, Licensee may not install, copy, or otherwise use such Updates.

 

3. The Licensed Software is licensed, not sold.

 

4. GRANT OF LICENSE.

4.1. Free version

Free version of the software is available from WebGear Ltd at no cost.

Allows you to use Licensed Software on any number of computers.

You may make copies of the Free version of Licensed Software as you wish; give exact copies of the original Licensed Software to anyone; and distribute the Licensed Software in its unmodified form. You may charge a distribution fee for the package, but you must not represent in any way that you are selling the Licensed Software itself. Your distribution of the Licensed Software will not entitle you to any compensation from WebGear Ltd. You must distribute a copy of this Agreement with any copy of the Licensed Software and anyone to whom you distribute the Licensed Software is subject to this Agreement.

4.2. Commercial version

When you purchase a license you will be provided with a license key which will activate your copy of Commercial version of Licensed Software. The activated Licensed Software may be used by the number of users indicated in your license key.

For each user a license has been purchased can use the Licensed Software on up to three different computers, provided that the software is used only by the Licensee. You may also make one copy of the Software for back-up or archival purposes. Otherwise, you may not copy the Software in whole or in part.

There are 4 basic types of licenses issued for Licensed Software, these are:

a)  A Single User License. The user purchases a single license for the use of Licensed Software by a single user.

b)  A Multiple User License. The user purchases a single license for the use of Licensed Software, by the purchaser, the purchaser's employees or accredited agents. The license can be used by the number of users the license was issued to.

c)  A Site License.  The user purchases a single license, authorizing the use of Licensed Software, by the purchaser, the purchaser's employees or accredited agents, on an unlimited number of computers at the same physical Site location. This Site location would normally be defined as a single building, but could be considered to be a number of buildings within the same, general, geographical location, such as an industrial estate or small town.

d) An Enterprise License.  The user purchases a single license, authorizing the use of Licensed Software, by the purchaser, the purchaser's employees or accredited agents, on an unlimited number of computers, regardless of location, but owned or under the control of the purchaser.

 

5. RESTRICTIONS.

You may not reverse engineer, de-compile, or disassemble the Licensed Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Licensed Software. You may permanently transfer all of your rights under this Agreement, provided the recipient agrees to the terms of this Agreement.  You may not use the Licensed Software for any illegal purpose.

 

6. REFUND POLICY

No refund will be given after 30 (thirty) days since the purchase date. Refunds are given solely at discretion of WebGear Ltd. WebGear Ltd reserves the right to withhold up to 15% of the price paid for the Licensed Software when making a refund.

 

7. TERMINATION.

Without prejudice to any other rights, the WebGear Ltd may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you shall immediately cease all use of the Licensed Software, License Key and Documentation and shall not be entitled to a refund of any fees paid.

 

8. COPYRIGHT.

The Licensed Software is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the Licensed Software is transferred to you. You further acknowledge that title and full ownership rights to the Licensed Software will remain the exclusive property of WebGear Ltd and you will not acquire any rights to the Licensed Software except as expressly set forth in this license. You agree that any copies of the Licensed Software will contain the same proprietary notices which appear on and in the Licensed Software.

 

9. NO WARRANTIES.

WebGear Ltd expressly disclaims any warranty for the Licensed Software. The Licensed Software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of the software remains with you.

 

10. LIMITATION OF LIABILITY.

In no event will WebGear Ltd be held liable for any loss (data, economic or otherwise) or other commercial damage, including but not limited to special, incidental, consequential or other damages, direct or indirect. In no event will a claim be brought unless you have notified us of the claim within one year of it arising. In any event, liability of WebGear Ltd for any claim, whether in contract, tort, or any other theory of liability will not exceed the license fee paid by Licensee.

 

11. NON-WAIVER.

If a portion of this Agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.

 

12. LAW.

This Agreement will be governed by the laws of New Zealand.

 

All rights not expressly granted here are reserved to WebGear Ltd.