End-User License Agreement (EULA) of WizTree
This End-User License Agreement ("EULA") is a legal agreement between you and Antibody Software Limited.
This EULA agreement governs your acquisition and use of our WizTree software ("Software") directly from Antibody Software Limited or indirectly through a Antibody Software Limited authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the WizTree software. It provides a license to use the WizTree software and contains warranty information and liability disclaimers.
By clicking "accept" or installing and/or using the WizTree software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Antibody Software Limited herewith regardless of whether other software is referred to or described herein. The terms also apply to any Antibody Software Limited updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
WizTree is free for PERSONAL USE ONLY. Users using WizTree for personal use are encouraged to purchase a “supporter code” to help support further development of the software.
Use of WizTree in a commercial environment requires the puchase of a “supporter code” for each business site (physical location). The license type required per site is based on the number of staff members at the site.
An "Enterprise License" is required for each business site with more than 100 staff members. Alternativley, a "Multi Site Enterprise License" allows unlimited use of WizTree at any number of business locations.
For software developers wanting to package WizTree with their application, a "WizTree Distribution License subscription" is required.
Antibody Software Limited hereby grants you a personal, non-transferable, non-exclusive licence to use the WizTree software on your devices in accordance with the terms of this EULA agreement. You are permitted to load the WizTree software on a device under your control (for example a PC, laptop, or tablet). You are responsible for ensuring your device meets the minimum requirements of the WizTree software.
If you have staff that provide technical support to clients outside of your business, and you have purchased a suitable supporter code license for the site that these staff work from, then they may install WizTree on the client devices if required, but only for your organization's use. If your clients wish to use WizTree for their own staff, they will require a suitable license. For technical staff with physical access to client devices, we recommend that they use a registered "portable" version of WizTree on a portable storage device (such as a USB flash drive) to avoid having to install WizTree on each client device.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that Antibody Software Limited considers is a breach of this EULA agreement
Intellectual Property and Ownership
Antibody Software Limited shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Antibody Software Limited. Antibody Software Limited reserves the right to grant licences to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Antibody Software Limited. It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of New Zealand.
Limitation of Liability
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF ANY ALGORITHM IS PATENTED IN YOUR COUNTRY, YOU SHOULD ACQUIRE A LICENSE BEFORE USING THIS SOFTWARE.
IN NO EVENT WILL THE AUTHOR OR ANY OTHER PARTY WHO MAY HAVE DISTRIBUTED THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.