SOFTWARE AND HARDWARE PRODUCT LICENSE
The SOFTWARE AND HARDWARE PRODUCT described
here in is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
The SOFTWARE AND HARDWARE PRODUCT is licensed, not sold.
1.GRANT
OF LICENSE. This End User License Agreement (�EULA�) grants you the
following rights: SOFTWARE AND HARDWARE PRODUCT. The �SOFTWARE AND
HARDWARE PRODUCT� consists of the VistaWiz V Series Edge Server Hardware
delivered to Client following execution of this Agreement and all
product documentation, tools and utilities, miscellaneous technical
information, hardware cabling, and s oftware programs that enable
the functionality of such hardware. VistaWiz, Inc. grants you the
right to install and use the SOFTWARE AND HARDWARE PRODUCT or any
portion thereof on a single VistaWiz V Edge Server that supports up
to 50 (fifty) users (the �Maximum Users�). Ownership of SOFTWARE AND
HARDWARE PRODUCT. VistaWiz, Inc. retains the copyright, title and
ownership of the SOFTWARE AND HARDWARE PRODUCT regardless of the form
or media in or on which the original and other copies may exist. You
may not make any copies of the SOFTWARE AND HARDWARE PRODUCT or any
portion thereof.
2.DESCRIPTION
OF OTHER RIGHTS AND LIMITATIONS. Limitations on Reverse Engineering,
Decompilation, and Disassembly. You may not reverse engineer, decompile,
or disassemble the SOFTWARE AND HARDWARE PRODUCT, except and only
to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation. You may not reverse engineer,
design, build, copy, or sell the SOFTWARE AND HARDWARE PRODUCT, except
and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
Rental. You may not sell, rent, or lease the SOFTWARE AND HARDWARE
PRODUCT. Separation of Components. The SOFTWARE AND HARDWARE PRODUCT
is licensed as a single product. Its component parts may not be separated
for use on more than one computer. Termination. Without prejudice
to any other rights, VistaWiz, Inc may terminate this EULA if you
fail to comply with the terms and conditions of this EULA, provided
such termination shall also cause that certain Support Agreement between
the parties to simultaneously terminate. In such event, you must return
or destroy all copies of the SOFTWARE AND HARDWARE PRODUCT and all
of its component parts.
3.COPYRIGHT.
All title and copyrights in and to the SOFTWARE AND HARDWARE PRODUCT
(including but not limited to any images, photographs, animations,
video, audio, music, text, and "applets" incorporated into the SOFTWARE
AND HARDWARE PRODUCT), the accompanying printed materials, and any
copies of the SOFTWARE AND HARDWARE PRODUCT are owned by VistaWiz,
Inc. or its suppliers. The SOFTWARE AND HARDWARE PRODUCT is protected
by copyright laws and international treaty provisions. Therefore,
you must treat the SOFTWARE AND HARDWARE PRODUCT like any other copyrighted
material. You may not copy the printed materials, if any, accompanying
the SOFTWARE AND HARDWARE PRODUCT. You may not copy the cable hardware
included with the SOFTWARE AND HARDWARE PRODUCT. LIMITED WARRANTY
NO WARRANTY. THE SOFTWARE AND HARDWARE PRODUCT IS PROVIDED "AS-IS,"
WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THE SOFTWARE AND HARDWARE
PRODUCT IS AT YOUR OWN RISK. VISTAWIZ, INC. DISCLAIMS ALL WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD
TO THE SOFTWARE AND HARDWARE PRODUCT. THE ENTIRE RISK ARISING OUT
OF USE OR PERFORMANCE OF THE SOFTWARE AND HARDWARE PRODUCT REMAINS
WITH YOU. DISCLAIMER OF LIABILITY
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL VISTAWIZ,
INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE AND HARDWARE PRODUCT, EVEN IF VISTAWIZ, INC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
VISTAWIZ, INC. BE LIABLE FOR ANY COMPUTER DAMAGE, VEHICLE DAMAGE,
PERSONAL INJURY, DEATH, FINES, LAWSUITS, PROSECUTION, LOST PROFITS,
LOST DATA, INCORRECT DATA, ENVIRONMENTAL DAMAGE, GOVERNMENT, LAW AND
REGULATORY VIOLATIONS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM USE OR INABILITY TO USE THE SOFTWARE AND HARDWARE
PRODUCT.
If for any reason a court of competent jurisdiction finds any provision,
or portion thereof, to be unenforceable, the remainder of this License
shall continue in full force and effect. You acknowledge that you
have read this agreement, understand it, and agree to be bound by
its terms and conditions. Neither party shall be bound by any statement
or representation not contained in this agreement. No change in this
agreement is effective unless written and signed by authorized representatives
of each party. This EULA is governed by the laws of the State of Missouri.
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