THIS WAPICE FREE USE LICENSE AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND WAPICE OY. IT PROVIDES A LICENSE TO USE THE WAPICE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (THIS “AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.
The license granted hereunder is granted by Wapice Oy, Yliopistonranta 5, 65200 Vaasa, Finland (”Licensor”).
This Agreement applies to the software that is designated by the Licensor to be under the Wapice Free Use License Agreement and thus free of charge, and is offered to be downloaded without a fee from the internet pages of Wapice Oy, located within domain www.wapice.com (“Software”).
3. License Grant
Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a perpetual, revocable, worldwide, non-exclusive, non-transferable, no-charge, royalty-free, copyright license to install and use the Software in object code form and related documentation.
The Licensee agrees to and shall, not in any other way use, copy or distribute the Software and the related documentation, except for and to the extent provided by mandatory provisions of applicable law. Further, the Licensee shall not modify, disassemble, decompile, reverse engineer, reverse assemble or reverse compile, recreate or generate the Software or any portion thereof, nor shall Licensee permit any other person or entity to do so or except for and to the extent provided by mandatory provisions of applicable law.
4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The Software and related documentation licensed to the Licensee hereunder is protected by copyright and possibly other intellectual property rights. All rights, including but not limited to copyright and other intellectual property rights, title and interest in or to the Software and documentation, translations, modifications, enhancements, changes or copies thereof as well as derivative works based upon the Software and related documentation, shall at all times remain the property of the Licensor or its licensors. This Agreement does not transfer to Licensee title to any intellectual property contained in the Software or related documentation.
5. TERM AND TERMINATION
The rights granted by this Agreement shall continue in effect unless or until this Agreement is terminated in writing by the Licensor. The rights granted by this License Agreement shall also automatically terminate if the Licensee fails to comply with terms herein.
6. No Warranties
THE SOFTWARE IS OFFERED TO THE LICENSEE “AS IS” WITHOUT A FEE AND FREE OF CHARGE, AND LICENSOR MAKES NO WARRANTIES WHATSOEVER. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE CUSTOMER’S REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR IN ALL COMBINATIONS SELECTED FOR USE. ESPECIALLY THERE ARE NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
THE ENTIRE LIABILITY OF WAPICE AND ITS SUPPLIERS TO LICENSEE OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE IN RESPECT OF ANY CAUSE OF ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE LICENSE GRANTED HEREIN SHALL NOT EXCEED ONE (1) EURO. IN NO EVENT WILL THE LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND LOST SAVINGS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR CLAIMS, DEMANDS OR ACTIONS AGAINST LICENSEE BY ANY PERSON OR LOSS OF OR DAMAGE TO CUSTOMER’S DATA FROM ANY CAUSE.
8. CHOICE OF LAW AND MISCELLANEOUS
This Agreement shall be governed by and construed under the laws of Finland, exclusive of its choice of law rules.
This Agreement may not be transferred to a third party without the written consent of the other party, except for in cases where Wapice transfers this Agreement in connection with a transfer of the whole business to which this Agreement belongs.