End-User License Agreement
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Infowise Ltd ("Infowise") for the software product that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICIES.
INFOWISE SOFTWARE LICENSE
- "Infowise" – Infowise Ltd, manufactures of herein software product.
- "Software" – software programs accompanying this EULA, including documentation, printed materials and any future updates you are entitled to receive. The term covers software produced by Infowise Ltd or produced by a third party and supplied by Infowise Ltd.
- “Infowise Product Registration” – software registration component developed and distributed by Infowise Ltd as part of its product installation utility. Infowise Product Registration management page is accessible via SharePoint Central Administration web-based management interface. The module lists the Infowise product installed on the SharePoint farm and is used to track and register Infowise products.
- "Trial Version" – a version of the software supplied for evaluating purposes. The version is clearly marked as trial in Infowise Product Registration management page and is set to expire (cease functioning) at the end of the trial period. You might be able to purchase and register your trial version to convert it to a full version of the software. In this case it will not expire and is to be treated as a regular version for all intents and purposes.
- “Server License” – right to install and use the Software on one SharePoint front-end server. For the purposes of this agreement, front-end server is one responding to web request by end users in a product environment. The definition does not apply to database servers, mail servers or application server unless used in the capacity of a web server as well.
- “Developer License” - right to install and use the Software on one SharePoint front-end server in non-production environment. To have the right to order a developer license, at least one Server License must be ordered by the same customer.
- “Tenant License” – right to use the Software within confines of a single SharePoint Online tenant. You will be limited in the number of end users according to the specific terms of the license.
- “Site Collection License” – right to use the Software within confines of a single SharePoint site collection. You are not limited in the number of front-end servers. You may or may not be limited in the number of end users according to the specific terms of the license.
- “Site License” – right to use the Software within confines of a single SharePoint site. You are not limited in the number of front-end servers. You may or may not be limited in the number of end users according to the specific terms of the license.
Grants of license
Infowise grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.
- General License Grant. In consideration for your payment of any applicable license fee for the Software, Infowise grants you an irrevocable, perpetual, fully paid-up, non-exclusive license to use the Software conditioned on compliance with all the terms and conditions of this EULA. Subject to the specific license type purchased you may install and use this Software on one front-end server, one web application or one site collection. Depending on the license type you may or may not be limited in the number of end users utilizing the software.
- Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.
- Effect of EULA. The Software may contain development tools, utilities and other Infowise software programs (each such tool or software program, a "Component"); such Components may include a separate end-user license agreement (each, a "Component EULA").
- Reservation of rights. Infowise reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Infowise or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
- Limitations of reverse-engineering, decompilation and disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Software is licensed as a single product, and its component parts may not be separated for use on more than one computer. You may not modify, amend, or create derivative works of the Software Product.
- No rental. Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
- Upgrades. To use a version of the Software identified as an upgrade, you must first be licensed for the software identified by Infowise as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
- Not for resale. Software identified as "Not For Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
- Transfer. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
- Termination. Without prejudice to any other rights, Infowise may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
- Limited warranty. The warranties and disclaimers described in this paragraph are collectively the "Limited Warranty". Infowise warrants to you (and only you) that the Software will perform substantially in accordance with the accompanying documentation (if any) for a period of one year from the date of original purchase of a license to the Software Product from an authorized retailer or directly from Infowise (or the date you have obtained authorization from Infowise or an authorized retailer to convert a Trial Version to a Full Version) (in each case the "Purchase Date"). Implied warranties on the Software, to the extent required by applicable law, are limited to one year from the Purchase Date. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
- Disclaimer of warranties. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the limited warranty and to the maximum extent permitted by applicable law, Infowise and its suppliers provide the software and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the software, and the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the software.
- Exclusion of incidental, consequential and certain other damages. To the maximum extent permitted by applicable law, in no event shall Infowise or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Infowise or any supplier, and even if Infowise or any supplier has been advised of the possibility of such damages.
- Limitation of liability and remedies. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Infowise and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Infowise with respect to any breach of the limited warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the software up to the amount actually paid by you for the software or US$5.00.
- Entire agreement; severability. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Infowise relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Infowise policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
- “Annual Support” – pre-paid premium support package, provided to customer upon purchase of the Software.
- “Defect” - a material failure of the Software to operate substantially in accordance with the applicable user guides and reference manuals.
- “Update” - a maintenance or minor release of the Software that provides corrections or performance improvements, is designated by Infowise as an Update and is identified by a revision version number change
- “Upgrade” - a major release of the Software that provides new features or functional enhancement, is designated by Infowise as an Upgrade and is identified by a major/minor version number change.
During the annual support period Infowise allows you:
- Download Updates when available;
- Download Upgrades when available (Annual Support customers only);
- Report Defects in the Software and obtain corrections as described herein. Response times vary between regular customer and Annual Support customers, with the latter receiving response within a 4 hour period during the work hours and the prior within 2 business days;
- Request general advice on implementation, operation, functionality and use of the Software (Annual Support customers only);
- Access on-line documentation regarding the Software, including installation instructions, release notes, user guides and Frequently Asked Questions (FAQs).
- Upon being reported a suspected Defect in the Software, Infowise will use the provided information to reproduce the Defect. If confirmed, Infowise will use reasonable efforts to produce a suitable Software Update. Annual Support customers have at their disposal telephone call back and online interactive support as appropriate to confirm and resolve the Defect.
- Infowise will include corrections in the most recent release of Software only, versions superseded by a later Upgrade will continue to be corrected for a period of one year starting with the date of release.
- Your responsibility is to install any Software Update released by Infowise as a correction to the Defect reported by you.
Infowise will not provide technical support relating to problems, errors or malfunctions caused by
- malfunction of the computer system and communications network on which you have installed and are using the Software,
- other software installed in the same SharePoint environment not licensed pursuant to this Agreement,
- any use of the Software in disregard of any known adverse consequences, including without limitation the failure of user to make appropriate backups, warning messages, and other written instructions;
- any unauthorized modification to the Software;
- Mainstream Support of a given SharePoint Platform has been retired by Microsoft;
- any other cause not attributable to Infowise.
Renewal of Support
- Infowise provides the first year of basic technical support for no additional charge. Unless renewed in accordance herewith, basic technical support will cease on the last day of the 12-month support period that commenced upon the effective date of the Software license. Basic support only covers defects in the Software.
- For an additional fee, you may obtain Annual Support. Unless renewed in accordance herewith, Premium Annual Support will cease on the last day of the 12 month period starting with the date of the purchase.
- Support fees for additional Annual Support periods must be paid in advance on or prior to last day of the support period for which you have paid the required support fee. The support fee due for the next support period shall be Infowise’s then current applicable list price for renewal of annual support as of the date of invoice.
- Infowise reserves the right to withdraw technical support of the Software, and to alter the prices, terms and conditions for annual support in advance of any renewal of support. Any such withdrawal or alterations will become effective as of such renewal date.
- Reinstatement of Support. If you allow annual support to expire, in order to reinstate support of the Software, you may be required to pay to Infowise a reinstatement support fee, the then current annual support fee, and, If you are not licensing the then current release of the Software, an upgrade license fee for the current release of the Software.
- Required Purchase Identifier. In order to be eligible for Premium Annual Support you must provide the purchase reference number you received upon completing the purchase process.
- Termination of Technical Support. Resale, assignment, or transfer of the technical support provided by Infowise is strictly prohibited and will be grounds for termination of the technical support.
Should you have any questions concerning this EULA, or if you desire to contact Infowise for any reason, please use the address information enclosed in this Software or visit Infowise on the World Wide Web at http://www.infowisesolutions.com.