omnipacket

wireedit

WIREEDIT END USER LICENSE AGREEMENT
(FREE VERSION)


PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND OMNIPACKET, A COMPANY DULY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. (“OMNIPACKET”). 

BY INSTALLING OR USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. 

This Agreement accompanies certain software (WireEdit, including any upgrades or updates thereto as provided by OMNIPACKET, the “Software”) and related explanatory written materials (the “Documentation”). 


1. License

These license terms are an agreement between OMNIPACKET and you. 

OMNIPACKET grants to you a non-exclusive license to use the Software and the Documentation for so long as OMNIPACKET makes the Software available, provided that you agree to the terms and conditions of this Agreement. 


2. Installation and Use

You may install and use any number of copies of the software on your devices.

3. Upgrades and Updates

Upgrades and updates of the Software shall be provided to you by OMNIPACKET as long as and to the extent in which OMNIPACKET in its exclusive discretion makes such upgrades and updates available to the users of the free version of the Software.


4. Ownership Rights

The Software and Documentation is the intellectual property of OMNIPACKET and is protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Software is being used. The structure, organization and code of the Software are valuable trade secrets and confidential information of OMNIPACKET. To the extent you provide any comments or suggestions about the Software to OMNIPACKET, OMNIPACKET shall have the right to retain and use any such comments or suggestions in our current or future products or services, without further compensation to you and without your approval of such retention or use.

The software is licensed, not sold. This agreement only gives you some rights to use the software. Except as stated in this Agreement, your possession, installation and use of the Software does not grant you any rights or title to any intellectual property rights in the Software or Documentation. 


5.  Restrictions

You may not remove any proprietary notices or labels on the Software; any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on and in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile or disassemble the Software or otherwise attempt to discover the source code of the Software or algorithms contained therein or create any derivative works from the Software. You are not permitted to use the Software in connection with the provision of any commercial services which include processing or transferring the data of or for other persons or entities (“Data”), including cloud computing and “Software as a Service” solutions, providing storage capacities for Data; transmitting, routing of or providing connection to Data, or providing information search tool services. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other similar arrangement. You agree not to publish the software for others to copy;


6. Transfer

You may not rent, lease, sub-license, or lend the Software or the Documentation or any portions thereof. You may, however, transfer all your rights to use the Software and the Documentation provided that (i) the transferee accepts the terms of this Agreement; (ii) you transfer the Software, including all copies, updates and prior versions, and all Documentation to such person; and (iii) you retain no copies of the Software or of the Documentation, including but not limited to copies stored on your computer. Partial transfer of your rights under this Agreement is strictly prohibited. 


7. Support Services

Because this software is “as is", we may not provide support services for it. 


8. Disclaimers and Exclusion of Liability

OMNIPACKET AND ITS DISTRIBUTORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE REMEDY IN THIS SECTION STATES THE SOLE AND EXCLUSIVE REMEDIES FOR OMNIPACKET'S OR ITS DISTRIBUTORS’ OR AGENTS’ BREACH OF WARRANTY. THE SOFTWARE IS PROVIDED “AS IS” AND OMNIPACKET AND ITS DISTRIBUTORS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR JURISPRUDENCE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

YOU AGREE AND ACCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL OMNIPACKET OR ITS DISTRIBUTORS OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, ESPECIALLY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR LOST DATA, EVEN IF OMNIPACKET OR ITS DISTRIBUTOR OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE AND ACCEPT THAT IN NO CASE SHALL OMNIPACKET’S OR ITS DISTRIBUTORS’ OR AGENTS’ LIABILITY FOR ANY DAMAGE EXCEED THE LESSER OF ONE U.S. DOLLAR ($5.00) OR THE AMOUNT OF THE ONE YEAR LICENSE FEE FOR OMNIPACKET’S COMMERCIAL PRODUCT CLOSEST TO YOUR FREE VERSION OF THE SOFTWARE.

THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY OF OMNIPACKET AND ITS DISTRIBUTORS DO NOT LIMIT POTENTIAL LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OVER THE EXTENT PERMITTED BY APPLICABLE LAWS.


9.  Privacy; Processing of Personal Information

We care about your privacy and the Software will not collect information from the computer on which it is installed.


10.  U.S. Government Restricted Rights

This Software and Documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, and subject to certain restricted rights as identified in FAR Section 52.227-19 "Commercial Computer Software  - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, or any successor U.S. regulations. Any use, modification, reproduction, release, performance, display or disclosure of the Software by the U.S. Government shall be done solely in accordance with this Agreement. 


11. Export Regulations

You agree and accept that the Software and the Documentation may be subject to import and export laws of any country, including those of the United States (specifically the Export Administration Regulations (EAR)) and the European Union. If you transfer or export the Software, which in all cases must be done in accordance with this Agreement, you agree to and acknowledge that you are exclusively responsible for complying with all applicable laws and regulations, including but not limited to all United States and European Union trade sanctions and export regulations (including any activities relating to nuclear, chemical or biological materials or weapons, missiles or technology capable of mass destruction), regardless of the country in which you reside in or of which you are a citizen. 


12. Governing Law and Jurisdiction

The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Software and the Documentation. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The courts located within the county of Santa Clara, California shall be the exclusive jurisdiction and venue for any dispute or legal matter arising out of or in connection with this Agreement or your use of the Software and the Documentation. Notwithstanding this, you agree that OMNIPACKET shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.


13. General

This Agreement is the entire agreement between you and OMNIPACKET relating to the Software and Documentation. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or Documentation. Notwithstanding the foregoing, nothing in this Agreement will diminish any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction that may not be waived by contract. 

This Agreement will immediately terminate upon your breach of any obligation contained herein and you shall cease use and destroy all copies of the Software and Documentation in your possession. OMNIPACKET reserves the right to any other remedies available under law in the event your breach of this Agreement adversely affects OMNIPACKET or its distributors or agents. The limitations of liability and disclaimers of warranty and damages contained herein shall survive termination of this Agreement.  This Agreement may be modified by the Documentation. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by OMNIPACKET. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

If you have any questions regarding this Agreement or wish to request any information from OMNIPACKET, please email your inquiries to support@omnipacket.com