EULA

This agreement is VERY IMPORTANT and should be READ CAREFULLY.

1.    TERMINOLOGY

1.1.   EULA

This End-User License Agreement will be referred to as ‘EULA’.

1.2.   Mesoraware

The vendor that the SOFTWARE and SERVICES are being licensed from will be referred to as ‘Mesoraware’. Wiznotes is a division of the company called ‘Mesoraware’.

1.3.   Software

The product(s) that this EULA relates to will be referred to as ‘SOFTWARE’ and will be written in upper case letters. Wherever software is written not in all upper case letters in this EULA, it is referring to software in general but not necessarily the SOFTWARE product(s) that this EULA is a license agreement for. SOFTWARE includes computer software that resides on the user’s computer and may include electronic documentation, associated media, example content, screencasts and videos all of which will reside on the user’s computer. The SOFTWARE will be accompanied or in some other way associated with this EULA.

1.4.   Services

The service(s) that this EULA relates to will be referred to as ‘SERVICES’ and will be written in upper case letters. Wherever services is written not in all upper case letters in this EULA, it is referring to services in general but not necessarily the SERVICES that this EULA is a license agreement for. SERVICES may include Internet-based services, Internet-online content, associated media, example content, screencasts, videos, SOFTWARE updates and customer support. The SERVICES will be accompanied or in some other way associated with this EULA.

1.5.   Usage

The SOFTWARE is considered in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) for the purpose of entering, adding or viewing content by using some or all of the functions of the SOFTWARE. This process will be referred to as ‘usage’, ‘use’, ‘uses’ or ‘in use’ within the context of a Licensee accessing the SOFTWARE.

The SERVICES are considered in "use" on a computer when they are accessed from the Internet, downloaded from the Internet into temporary memory (i.e. RAM) or downloaded from the Internet into permanent memory (e.g. hard disk or other storage device). This process will be referred to as ‘usage’, ‘use’, ‘uses’ or ‘in use’ within the context of a Licensee accessing the SERVICES.

1.6.   Licensee

The individual end-user that this EULA relates to will be referred to as ‘Licensee’. The Licensee is the person who installs, copies, accesses, downloads or otherwise uses the SOFTWARE by itself or some or all of the SERVICES by themselves or the SOFTWARE with SERVICES.

1.7.   Software License

The legal permission for the Licensee to use the SOFTWARE will be referred to as ‘Software License’. The Software License is perpetual. The Licensee will only have permission to use the SOFTWARE if, at the time of using the SOFTWARE, the Licensee has purchased from Mesoraware, purchased from a Reseller or been granted permission from Mesoraware to use the SOFTWARE. When the Licensee pays for the SOFTWARE the Licensee is not acquiring ownership of the SOFTWARE, but is paying for the permission to use the SOFTWARE.

1.8.   Services License

The legal permission for the Licensee to use some or all of the SERVICES at the time when the Licensee uses the SERVICES will be referred to as ‘Services License’. The Services License is not perpetual but is limited within a duration of time. The Licensee will only have permission to use the SERVICES if, at the time of using the SERVICES, the Licensee has purchased from Mesoraware, purchased from a Reseller or been granted permission from Mesoraware to use the SERVICES during that time of usage. When the Licensee pays for the SERVICES the Licensee is not acquiring ownership of any of the SERVICES but is paying for permission to use some or all of the SERVICES for a limited time.

1.9.   Reseller

An individual or entity that has been authorized by Mesoraware to sell SOFTWARE or SERVICES that belong to Mesoraware will be referred to as a ‘Reseller’. A Licensee that purchases SOFTWARE or SERVICES from a Reseller will be able to obtain a Software License or Services License as if the purchase was made directly from Mesoraware. Wherever this EULA refers to a Licensee purchasing a Software License or Services License from Mesoraware, that will include cases where the Licensee purchases a Software License or Services License from a Reseller.

The individual or entity will only retain a status of an authorized reseller if the individual or entity acts in accordance with Mesoraware’s licensing agreement with that particular individual or entity. If the individual or entity does not act in accordance with their licensing agreement with Mesoraware, any Licensee who receives usage of the SOFTWARE or SERVICES from that particular individual or entity will not be considered to have a valid Software License or Services License even if they paid for it.

2.    EULA BETWEEN MESORAWARE AND LICENSEE

This EULA is a legal agreement between the Licensee and Mesoraware for the SOFTWARE and SERVICES that accompanies or is in any other way associated to this EULA. This EULA applies when the Licensee uses the SOFTWARE by itself, some or all of the SERVICES by themselves, or the SOFTWARE and SERVICES combined. BY INSTALLING, COPYING, ACCESSING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE OR SERVICES YOU AGREE TO BEING CONSIDERED A LICENSEE THAT THIS EULA REFERS TO. THEREFORE, BY INSTALLING, COPYING, ACCESSING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, ACCESS, DOWNLOAD OR USE THE SOFTWARE OR SERVICES.

3.    CONDITIONS OF USE OF SOFTWARE

Mesoraware grants the Licensee a limited, non-exclusive, non-transferable License to use the SOFTWARE only in the ways detailed in this EULA.

3.1.   User License

The SOFTWARE is licensed per user. Every individual that uses the SOFTWARE is considered a separate Licensee. The Licensee must own an appropriate Software License that was purchased from Mesoraware, purchased from a Reseller or been granted permission from Mesoraware in order to have the right to use the SOFTWARE. Anyone who does not own a valid appropriate Software License from Mesoraware to use the SOFTWARE is not allowed to use the SOFTWARE. Therefore, even if the SOFTWARE is installed on a computer that is used by a Licensee who owns a Software License from Mesoraware to use the SOFTWARE, someone else who does not own a valid License is not allowed to use the SOFTWARE. These ‘User License’ conditions for SOFTWARE do not apply to any demonstration versions of the SOFTWARE during the time limit that the Licensee is allowed to use the demonstration version without paying for it.

3.2.   License Usage

The Licensee may copy the SOFTWARE onto more than one computer, provided that the SOFTWARE is not in use on more than three computers at any one time, and provided that the SOFTWARE is only used by a Licensee who owns a valid Software License purchased from Mesoraware.

Therefore, if the SOFTWARE is installed on multiple computers, or even if it is installed on a single computer or network that has multiple users, every individual that uses the SOFTWARE must own a valid Software License.

If the Licensee has copied the SOFTWARE to three computers and then wants to use the SOFTWARE on a fourth computer; the SOFTWARE will first need to be uninstalled and completely removed from one of the first three computers in order for the Licensee to be allowed to copy the SOFTWARE to a fourth computer.

3.3.   Limitation of Usage

The Licensee is allowed to use the functions of the SOFTWARE. The Licensee is not allowed to reverse-engineer, disassemble, decompile, or in any way discover or reconstruct any source code or algorithms of the SOFTWARE.

3.4.   Redistribution Prohibitions

The Licensee is not allowed to resell, transfer, rent, lease, sublicense, gift or in any other way make available the SOFTWARE and associated rights to anyone who does not own a valid License to use the SOFTWARE that was purchased from Mesoraware. This restriction shall not apply if Mesoraware gives written approval that the Licensee may resell or distribute the SOFTWARE.

3.5.   Content Distribution Rights

Any License legitimately purchased from Mesoraware is royalty-free. The Licensee has a limited right to sell, lease, gift or in any other way make available content that the Licensee has produced using the SOFTWARE. The Licensee may implement these redistribution rights on condition that the limitations of these rights (detailed in  3.6  Limitation of Content Distribution Rights) are adhered to.

 

3.6.   Limitation of Content Distribution Rights

The Licensee is not allowed to sell, lease, gift or in any other way make available any content, examples, screencasts, videos or any other media that was distributed by Mesoraware in association with the SOFTWARE. This limitation applies even if, but not limited to, the Licensee is including some of Mesoraware’s content, examples, screencasts, videos or any other media together with content produced by the Licensee. This restriction shall not apply if Mesoraware gives written approval that the Licensee may distribute some of this content.

The Licensee is not allowed to sell, lease, gift or in any other way make available any content that causes damage or harm to other people. This includes, but is not limited to, infringement of copyrights or trademarks, viruses, spam, pornography, violence, slander or material that can be used for or incite terrorism.

You, the Licensee, agree that Mesoraware is in no way liable for any content that you sell, lease, gift or in any other way make available to third parties. You agree to indemnify, hold harmless, and defend Mesoraware, its developers and its Resellers from and against any and all claims or lawsuits including, but not limited to, attorney's fees that arise or result from the use or distribution of content that was produced by the Licensee using the SOFTWARE.

The Licensee is not allowed to use Mesoraware’s name, the names of divisions of Mesoraware, trademarks or logos to market content that was produced by the Licensee using the SOFTWARE. This restriction shall not apply if Mesoraware gives written approval that its name, names of divisions of Mesoraware, trademarks or logos may be used to market content that was produced by the Licensee using the SOFTWARE.

4.    CONDITIONS OF USE OF SERVICES

Mesoraware grants the Licensee a limited, non-exclusive, non-transferable License to use the SERVICES only in the ways detailed in this EULA and only for the time duration that the License allows them.

4.1.   User License

The SERVICES are licensed per user. Every individual that uses the SERVICES is considered a separate Licensee. The Licensee must own an appropriate Services License that was purchased from Mesoraware, purchased from a Reseller or been granted permission from Mesoraware in order to have the right to use the SERVICES. Anyone who does not own a valid appropriate License from Mesoraware to use the SERVICES is not allowed to use the SERVICES. Therefore, even if the SERVICES are available to a Licensee who owns a Services License from Mesoraware to use the SERVICES, someone else who does not own a valid up to date License is not allowed to use the SERVICES. In addition, if someone purchased a Services License, but that Services License has expired and has not been renewed or extended, such a person is also not allowed to use the SERVICES. These ‘User License’ conditions for SERVICES do not apply to SERVICES that are made freely available to the public.

4.2.   License Usage

The Licensee may use the SERVICES as much as the Licensee wants to only within the time that the Licensee has a valid up to date Services License.

4.3.   Limitation of Usage

The Licensee is allowed to use the functions and contents of the SERVICES. The Licensee is not allowed to reverse-engineer, disassemble, decompile, or in any way discover or reconstruct any source code or algorithms of the SERVICES.

4.4.   Redistribution Prohibitions

The Licensee is not allowed to resell, transfer, rent, lease, sublicense, gift or in any other way make available the SERVICES and associated rights to anyone who does not own a valid up to date Services License to use the SERVICES that was purchased from Mesoraware. This restriction shall not apply if Mesoraware gives written approval that the Licensee may resell or distribute rights to use the SERVICES.

4.5.   Content Distribution Rights

Any Services License legitimately purchased from Mesoraware is royalty-free. The Licensee has a limited right to sell, lease, gift or in any other way make available content that the Licensee has produced using the SERVICES. The Licensee may implement these redistribution rights on condition that the limitations of these rights (detailed in ?4.6  Limitation of Content Distribution Rights) are adhered to.

 

4.6.   Limitation of Content Distribution Rights

The Licensee is not allowed to sell, lease, gift or in any other way make available any content, examples, screencasts, videos or any other media that was distributed by Mesoraware in association with the SERVICES. This limitation applies even if, but not limited to, the Licensee is including some of Mesoraware’s content, examples, screencasts, videos or any other media together with content produced by the Licensee. This restriction shall not apply if Mesoraware gives written approval that the Licensee may distribute some of this content.

The Licensee is not allowed to sell, lease, gift or in any other way make available any content that causes damage or harm to other people. This includes, but is not limited to, infringement of copyrights or trademarks, viruses, spam, pornography, violence, slander or material that can be used for or incite terrorism.

You, the Licensee, agree that Mesoraware is in no way liable for any content that you sell, lease, gift or in any other way make available to third parties. You agree to indemnify, hold harmless, and defend Mesoraware, its developers and its resellers from and against any and all claims or lawsuits including, but not limited to, attorney's fees that arise or result from the use or distribution of content that was produced by the Licensee using the SERVICES.

The Licensee is not allowed to use Mesoraware’s name, the names of divisions of Mesoraware, trademarks or logos to market content that was produced by the Licensee using the SERVICES. This restriction shall not apply if Mesoraware gives written approval that its name, names of divisions of Mesoraware, trademarks or logos may be used to market content that was produced by the Licensee using the SERVICES.

5.    DEMONSTRATION SOFTWARE

The Licensee will be allowed to use the SOFTWARE and some SERVICES for a limited period of time for evaluation purpose only. After the trial duration has expired, the Licensee will be required to purchase a valid Software License in order to be allowed to continue to use the SOFTWARE.

6.    FREE SOFTWARE AND SERVICES

Mesoraware may make some SOFTWARE or SERVICES freely available to the public. Although the Licensee will not need to pay for that SOFTWARE or SERVICES, this EULA will still apply to the usage of those SERVICES.

7.    SOFTWARE FEE

The Licensee will be required to pay to Mesoraware a onetime fee in order to be allowed to use the current version of the SOFTWARE. The Licensee will then be allowed to use that version of the SOFTWARE in accordance with CONDITIONS OF USE OF SOFTWARE stipulated above in this EULA. The Licensee will not be entitled to receive updates of the SOFTWARE except if the Licensee purchases those updates or owns a valid SERVICES license that entitles the Licensee to receive updates to the SOFTWARE.

8.    SERVICES SUBSCRIPTION

The SERVICES are licensed to the Licensee on a time limited subscription basis. The Licensee is allowed to continue to use the SERVICES on condition that the Licensee owns a valid up to date Services License for the SERVICES. In order to maintain a valid up to date Services License, the Licensee will need to pay to Mesoraware a periodic subscription fee.

The Licensee is allowed to terminate the subscription by sending an email to cancel-subscription@wiznotes.com at least 5 business days before the next subscription payment is due. After terminating the subscription, the Licensee will no longer be allowed to use the SERVICES. The Licensee will, however, be allowed to use any old content that was created using the SERVICES while the Licensee’s Services License was still valid.

If the Licensee fails to pay the subscription fees for the SERVICES, the Licensee will have up to 30 days to pay the subscription fees in order to continue using the SERVICES. After 30 days, the Licensee will no longer be allowed to use the SERVICES.

9.    UPDATES

A Licensee that owns a valid up to date Services License might be entitled to receive updates of the SOFTWARE when they become available. The user is required to use the SOFTWARE on a computer with an Internet connection in order to receive these updates.

This EULA will apply to future updates unless the update has a different EULA. In the event of the update having a different EULA, the Licensee will be notified.

10. SUPPORT

A Licensee that owns a valid Software License is entitled to receive limited support for the SOFTWARE. A Licensee that owns a valid up to date Services License is entitled to receive limited support for the SERVICES.

The Licensee will receive support for the problems related to using the SOFTWARE or SERVICES. These support responses may be in the form of replies to messages posted on a forum, replies to messages posted on a blog, an e-mail sent directly to the Licensee, or some other form of correspondence with the Licensee. Although Mesoraware will endeavor to take care of problems, Mesoraware does not guarantee that Mesoraware will be able to solve or provide solutions for all the problems that Licensees may have using the SOFTWARE or SERVICES.

Mesoraware will endeavor to respond within 7 business days to support questions from Licensees that own a valid up to date Software License or Services License.

Mesoraware reserves the right to terminate selling the SOFTWARE, providing updates and support. In the unlikely event of Mesoraware deciding to terminate its services, Mesoraware will try to give 24 months notice to Licensees. This notification will be sent by email to the email addresses that the Licensees used to purchase a License for the SOFTWARE.

11. COPYRIGHT

All titles and copyrights of the SOFTWARE and SERVICES (including but not limited to any text or media incorporated into or accompanying the SOFTWARE and SERVICES), associated software services, Internet-online materials, accompanying software samples, accompanying printed materials, and any trademarks of Mesoraware are owned by Mesoraware. Mesoraware is protected by international copyright laws and treaties.

All title and intellectual property rights in and to the content of the SOFTWARE and SERVICES is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SOFTWARE AND SERVICES IS PROVIDED BY MESORAWARE TO BE USED BY THE LICENSEE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MESORAWARE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SOFTWARE AND SERVICES OR THE INFORMATION, CONTENT OR SAMPLES INCLUDED. YOU, THE LICENSEE, ACCEPT THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MESORAWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MESORAWARE DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE FREE OF BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS. MESORAWARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SOFTWARE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, DAMAGES FOR COMPUTER FAILURE OR MALFUNCTION, WORK STOPPAGE, LOSS OF GOODWILL, FAILURE IN EXAMINATIONS OR ANY AND ALL OTHER COMMERCIAL OR EDUCATIONAL DAMAGES OR LOSSES.

MESORAWARE ‘S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES PAID BY THE LICENSEE TO MESORAWARE FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. MESORAWARE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PRODUCED BY THE LICENSEE USING THE SOFTWARE AND DISTRIBUTED TO THIRD PARTIES.

13. ENTIRE AGREEMENT

This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE) is the entire agreement between you, the Licensee, and Mesoraware relating to the SOFTWARE and SERVICES, except for separate written agreements between Mesoraware and a specific Licensee. To the extent the terms of any Mesoraware policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control, except for separate written agreements directly between Mesoraware and the specific Licensee. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

14. ACKNOWLEGEMENT

YOU, THE LICENSEE, ACKNOWLEDGE THAT YOU READ THIS EULA THAT YOU UNDERSTAND THIS EULA, AND UNDERSTAND THAT BY USING THE SOFTWARE OR SERVICES YOU AGREE TO BE BOUND BY THIS EULA’S TERMS AND CONDITIONS.

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