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Wissler-Jensen
Software products and services

Wissler-Jensen Product End User License Agreement (WJPRODUCT EULA)

September 11 2018

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.

[link]NATURE OF WJPRODUCT[link]

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).

[link]NO WARRANTY[link]

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.

[link]FAULT TOLERANCE[link]

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.

[link]INDEMNIFICATION[link]

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.

[link]Account[link]

You must provide us with your full legal name, address, and email address in order to use this 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.

[link]INTELLECTUAL PROPERTY[link]

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:

  1. License to Use. You are not purchasing this software, but rather, purchasing a limited subscription that enables the use of certain features for a certain period of time.
  2. Reverse Engineering. Customer agrees not to reverse engineer, patent, decompile, or otherwise attempt to determine or expropriate program structure and design. Customer agrees that the program constitutes proprietary information and trade secrets of Wissler-Jensen and Customer is not permitted even to view the internal program design through any means whatsoever nor is Customer permitted to allow third parties to view this structure.
  3. You may not use Software for the purposes of bringing an intellectual property infringement claim against us.
  4. Alterations. Customer agrees not to alter the program in any way. Customer must not directly access the underlying API’s without prior written consent from Wissler-Jensen for specific, limited purposes. Customer may not modify, adapt, or relay the Software such that it appears to be provided by a different party than Wissler-Jensen.
  5. Non-Distribution. Customer agrees that Wissler-Jensen has exclusive rights to distribute Software. customer may not rent, lease, or otherwise proxy for a different end-user without written consent from Wissler-Jensen.
  6. Change in Terms. Wissler-Jensen reserves the right to change the Terms and Conditions of use of Software. Such changes will be available to existing users via the particular product’s interfaces (such as via the “about” button), and they will have 60 days to comply with the new Terms and Conditions.
  7. Iteration of these rights, or grant of license to use, does not imply that any right of ownership has been relinquished; Customer agrees that Wissler-Jensen retains full and exclusive ownership of the program and materials.

[link]Granted Customer Rights[link]

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:

  • Free Read-Only Usage: if Software has an explicitly supported read-only mode, you may continue to use Software indefinitely in its free read-only mode. (Not all Wissler-Jensen Software has such a mode; see supplied product and user manuals for more details.)
  • Backup Copies: you may make and keep backup copies of any Wissler-Jensen provided software, documentation, license keys, databases created by Wissler-Jensen software, etc.

[link]TERMINATION[link]

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.

Illegal Use. You agree not to post to this Software any unlawful, offensive, libelous, defamatory, pornographic or otherwise objectionable or abusive content.

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 generally offer any refunds.

Cloud-based termination. 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.

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.)

You must be 18 years or older to use Software.

[link]CLOUD SERVICE (SaaS)[link]

[link]If possible, Avoid The Cloud[link]

Wissler-Jensen philosophically prefers and advocates that end-users install and maintain their own self-hosted copy of Software. The reasons for this include:

  • Even with the best of intentions, Cloud services are routinely shut down, and this can leave you stranded.
  • Cloud services are prime targets for hacks and bulk data theft.
  • Internet outages can leave you without access to your essential tools and services.
  • Employees of the Cloud-based service can and do access your “private” data, sometimes with the consent of the SaaS providing company, sometimes not.
  • Governmental agencies can and do require cloud-based companies to provide access to Customer data, sometimes without Customer’s consent or knowledge.

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.)

[link]PRIVACY[link]

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.

For further details of our privacy policy see this.

[link]SUPPORT[link]

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.

[link]THIRD PARTIES[link]

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.

[link]BACKUPS[link]

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.

[link]US ENCRYPTION EXPORT RESTRICTIONS[link]

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.

[link]JURISDICTION[link]

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.

[link]CONTACT[link]

You may contact us regarding these terms at: https://wissler-jensen.com/contact

Copyright(c); 2001-2018 Wissler-Jensen (aka Ouray Software, LLC). All Rights Reserved. “Wissler-Jensen” and the Pythagorean theorem/circle logo are both trademarks of Wissler-Jensen.