License Agreement


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.