This document is an agreement between Wissler-Jensen (aka Ouray Software, LLC) (“Wissler-Jensen”, “we”, “us”), and users of Wissler-Jensen technologies and products (“Customer”, “you”, “your”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. By downloading, installing, or otherwise accessing or using WJPRODUCT and its derivative products, services, and documentation (referred to here as WJPRODUCT and/or “Software” and/or “Service”), you expressly acknowledge and agree to be bound by the terms of this EULA. If you do not agree, then you must remove all Software from your computers and backups.
This license overrides any verbal agreements that may have been made between Wissler-Jensen representatives and Customer. If you require exceptions they must be in writing and signed by an authorized representative of Wissler-Jensen.
If any term of this EULA should be deemed invalid in a given legal jurisdiction, completely or in part, this shall not affect the validity of the remaining terms. The failure of Wissler-Jensen to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
Wissler-Jensen Product (WJPRODUCT) refers to the the entirety of the technologies, source code, programs built from this source, and documentation developed by Wissler-Jensen for the creation of software products. Portions of WJPRODUCT have been provided to Customer as part of a product release; these terms apply to the portion provided to Customer by Wissler-Jensen (Customer is not licensed to use portions which are not provided).
Software comes in one of two forms: 1) Licensed Self-Hosted; 2) Cloud Service (SaaS). Different terms of service apply to each; see below.
You must provide us with your full legal name and valid email address in order to use Software. Anonymous use of WJPRODUCT is prohibited.
No account/password sharing is permitted with WJPRODUCT; every account must be used by one and only one user.
You are responsible for the security of your password.
Customer retains the copyright on all copyright original to Customer. Wissler-Jensen makes no claims regarding original content Customer posts to Software.
Customer agrees that Wissler-Jensen retains full intellectual property (IP) rights to Software. The meaning of this includes, but is not limited to:
If you are in compliance (i.e. adhering to the conditions of the terms of this EULA and any allied agreements), then Wissler-Jensen grants you certain perpetual rights:
This license is terminated when Customer discontinues use of and uninstalls Software, fails to pay due fees, or breaches any of the Terms and Conditions of this or allied agreements.
No Refunds. If you are not happy with Software, then we do not want your money, so we offer you a free evaluation period and we only bill you for your past usage and if you decide to continue to use Software. We therefore do not offer any refunds.
Eligibility. You must be 13 years or older and not legally barred from using Software under applicable law.
In the licensed self-hosted form, you license your own copy of Software, which you may install on your own servers or on hosting provider’s servers (such as Linode). You are then free to use Software and are entirely responsible for it. We do not have access to your content and thus cannot moderate it in any way; it is part of your own platform just as your Internet domain name, your operating systems, or your computer hardware are. (You may contract with us, if we agree, to technically maintain the installation, but in scenario we function merely as IT specialists; we do not exercise any governance of your content.) The self-hosted form of Software is like installing (say) Microsoft Word on your home computer; Microsoft licenses the program to you and you use it how you want; they do not govern in any way your use of their software.
You must provide us your full legal name, company name (if applicable), and physical address to use this form of Software.
In the Cloud Service form, you use Software hosted on servers we rent or own. Since the Cloud Service is our own platform, you are a guest using our service, and must therefore abide by additional terms.
“There is no cloud; it’s just someone else’s computer.”
Wissler-Jensen is philosophically opposed to the totalitarian conquest of your data by a small handful of companies. Such a scheme makes a mockery of hard-won Enlightenment ideals such as freedom of expression, freedom of association, and self-ownership. We prefer to see much smaller units of of digital ownership and governance, united by principles of voluntary federation, instead of by the near-total corporate dominion of the all the people on planet Earth. Further reasons to avoid the Cloud when possible:
Some Cloud-based services go so far as to “promise” to support their products forever or that your data will be “secure” with them, but we think this is fantasy at best or deceptive marketing at worst. We think that declarations by them that you can trust them, without any means for you to verify that you can trust them, are meaningless.
Ideally, you should control your own digital destiny, and Wissler-Jensen is devoted to facilitating this principle to the maximum extent that we can. But we also understand that this is not the ideal world. When most software developers are convinced that Cloud-based solutions make the most sense, going against the grain can be difficult, and for this reason it can often make sense to put up with the serious downsides of cloud-based services.
Furthermore, it can make a lot of sense to use a cloud-based version of a tool to see if it’s a good fit, and then transition to a self-hosted version later, because installing and maintaining your own self-hosted copy will incur some overhead. (We think that this overhead could be driven to near zero if software developers embraced a better vision than The Cloud; we may elaborate on how elsewhere.)
If you use the self-hosted version of the software then you have the maximum assurance of privacy. When self-hosted, privacy is simple: We have no means of accessing your installation and have no backdoors, so you are in complete control. (We are open to third-party auditing of this fact, if it is properly implemented and funded and if the results may be publicly disclosed by us. Also note that we do link with third-party libraries and our software runs on third-party platforms, and these are beyond our ability to intensively inspect.)
For Cloud-based users, Wissler-Jensen makes no warranties/guarantees of privacy of data you post to the Software. If your data is particularly sensitive, please transition to the self-hosted version of our software.
Addendum to the TERMINATION clause above for Cloud Service users:
Illegal/Objectionable Use. You agree not to post to this Software any unlawful, offensive, libelous, defamatory, pornographic or otherwise objectionable or abusive content.
DMCA/Copyright. You agree not to post content to Software that would infringe the rights of copyright holders. (To contact us regarding DMCA violations, please send an email to firstname.lastname@example.org.)
Resource consumption. If your use of bandwidth and data exceeds what Wissler-Jensen regards as reasonable, your account may be disabled until appropriate fees are assessed and paid for. (If you have resource usage needs beyond what we provide, you may run your own self-hosted instance of Software.)
At will. If you are using our Cloud-based Software, Wissler-Jensen reserves the right to discontinue your use of Software at any time. Pursuant of this term, if your bills are past due and you are non-responsive to our requests, we may, at our discretion, permanently delete your account and its associated data.
Software comes with limited free support; if this is not sufficient, you may purchase a higher level of support.
All support is for up-to-date versions of Software. In particular, if you are having an issue with a version of Software that is obsolete, we may require you to upgrade to the latest version of Software as part of the support process.
In addition to this EULA, Customer is also bound by the EULAs of various Third Parties from which Wissler-Jensen has incorporated software. These are included with this software under the title “THIRD PARTY EULAS”.
You understand that Wissler-Jensen uses third-parties to provide various hardware and software in support of Software.
Software is not a backup technology. User must secure relevant digital assets using their own preferred backup techniques and technologies. Wissler-Jensen may provide technologies, techniques, or information that may assist you in backing up your data; it is solely your responsibility to verify that these work correctly and in accordance with your needs.
Quoted prices are exclusive of any taxes you may owe for Software/Service.
Software is designated for export from the United States as “NLR, ECCN 5D992”. This basically means that it contains limited cryptographic functions that are not user-accessible and that are specially designed and limited to the protection of our intellectual property. See the Export Administration Regulations (EAR), part 742.15(3)(iii) for details.
As Software is subject to the United States Export Administration Regulations, this software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Myanmar/Burma, Zimbabwe, or to any country to which the United States embargoes goods. In addition, Software may not be distributed to or used by persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. See http://www.bis.doc.gov/dpl/default.shtm for more details and current export information.
BY DOWNLOADING OR USING SOFTWARE, YOU AGREE TO NOT VIOLATE OR TO FACILITATE THE VIOLATION OF THESE EXPORT PROHIBITIONS, INCLUDING BUT NOT LIMITED TO WARRANTING THAT YOU ARE NOT A CITIZEN OF OR LOCATED WITHIN AN EMBARGOED NATION AND THAT YOU NOT OTHERWISE PROHIBITED FROM RECEIVING THE SOFTWARE.
See http://www.bis.doc.gov/encryption for further information about encryption software exports.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE, AND THE DATA AND DOCUMENTATION THAT GOES WITH IT, ARE DISTRIBUTED “AS IS”, AND WITH NO WARRANTIES OR INDEMNIFICATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR INDEMNIFICATIONS CONCERNING INTELLECTUAL PROPERTY (SUCH AS WARRANTIES THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ON ANY THIRD PARTY PATENTS, COPYRIGHTS, OR TRADEMARKS OR OTHER RIGHTS) AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, LOSS OF PROFITS AND SAVINGS, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER SHALL BE RESPONSIBLE FOR MAKING BACKUPS AND FOR VERIFYING THEIR FUNCTIONALITY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR BACKUP OR DATA RECOVERY OR RECREATION EFFORTS AND EXPENSES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO DAMAGES CAUSED BY INTENTIONAL MISREPRESENTATION OR FRAUD.
Notwithstanding the heretofore expressed disclaimer of warranty and limitation of liability, the exclusive remedy for any damages whatsoever shall be limited to the amount paid for Software in the billing period immediately prior to the liability event. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
THIS SOFTWARE IS NOT FAULT-TOLERANT. IT IS NOT DESIGNED, MANUFACTURED, OR INTENDED TO BE USED TO BE USED IN ANY CIRCUMSTANCE WHERE HUMAN SAFETY OR WELL-BEING DEPENDS ON THE PROPER FUNCTIONING OF SOFTWARE. CUSTOMER AGREES TO HOLD HARMLESS AND INDEMNIFY WISSLER-JENSEN FROM ANY AND ALL LOSS, EXPENSE, DAMAGE, CLAIM (INCLUDING REASONABLE ATTORNEY FEES) THAT FOLLOWS FROM SUCH USE OF THIS SOFTWARE BY CUSTOMER. SUCH USE INCLUDES BUT IS NOT LIMITED TO THE INCORPORATION OF THIS SOFTWARE IN: EMERGENCY NOTIFICATION SYSTEMS, THE OPERATION OF NUCLEAR FACILITIES, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, ETC.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD WISSLER-JENSEN AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF SOFTWARE, INCLUDING FROM CONTENT YOU POST TO SOFTWARE, YOUR VIOLATION OF THIS OR OTHER AGREEMENTS YOU HAVE MADE WITH WISSLER-JENSEN, OR YOUR VIOLATION OF APPLICABLE LAW.
WE MAY ELECT, AT OUR OWN DISCRETION AND EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES. YOU AGREE TO COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
This EULA shall be governed by the laws of the State of Utah. In the case of any legal dispute between Wissler-Jensen and Customer, the dispute will be settled in Utah at Salt Lake County.