End-User License Agreement
WebVisum requires that you accept the following End-User License Agreement before installation can proceed:
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL
AGREEMENT BETWEEN YOU AND WEBVISUM.COM (WEBVISUM) READ IT CAREFULLY BEFORE USING
THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS
WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING AND USING
THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND
AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THIS SOFTWARE
AND DESTROY ANY DOWNLOADED COPIES OF THE SOFTWARE IN YOUR POSSESSION OR
CONTROL. THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL
COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND
TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.
Meaning of words used in this EULA
Webvisum: means webvisum.com and any or all of its divisions or subsidiaries.
User: the individual person or single legal entity that is deemed to be the
licensed user of the Product under the terms of this EULA.
Software: means the Webvisum software that accompanies this EULA, including any
associated media, printed materials and electronic documentation. The
Software Product also includes any updates, version upgrades, configuration
upgrades, add-on components, web services and/or supplements that Webvisum may
provide to User or make available to User after the date User obtains the
initial copy of the Software Product, to the extent that such items are not
1. Ownership and grant of license
All Webvisum software is licensed, not sold. The Software Product is the sole
property of Webvisum and is protected by all applicable intellectual property
and contract laws, including but not limited to laws relating to patent,
copyright and trademark laws, and by applicable international treaties and
trade provisions. Any breach of Webvisum's rights as the sole owner of the
Software Product and all intellectual property rights contained therein and
in the Software Product may subject the offender to civil and criminal
penalties, including fine and/or imprisonment.
This EULA grants User a personal, nonexclusive, and nontransferable license
to use the Software Product only in accordance with these terms and
conditions, and for no other purpose. Any publication, reproduction or
distribution of the Software Product not in accordance with this License
Agreement is expressly prohibited. Without limiting the foregoing, copying
or reproduction of the Software Product to any other server or location for
further reproduction or redistribution not in accordance with this License
Agreement is expressly prohibited. Any use in violation of the license
shall constitute not only breach of this EULA, but a violation of national
and international copyright laws. In the event that any provision of this
EULA is breached by User the license granted by this EULA shall
automatically terminate without further action by Webvisum, and whether or not
User abides by such termination.
2. License Restrictions
(1) You may NOT modify, reverse engineer, decompile, or disassemble or
otherwise attempt to reconstruct or discover the source code of the
Software, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
(2) You may NOT rent, lease, or lend the Software.
(3) You are NOT allowed to offer services, which are based on this Software
and stand in competition to the Webvisum service under http://www.webvisum.com.
(4) User may not modify, translate, or make derivative works of the
(5) You acknowledge that no joint venture, partnership, employment, or
agency relationship exists between You and Webvisum.
This License Agreement does not include any technical support services from
Webvisum. Any rights not expressly granted herein are reserved by Webvisum.
If this copy of the Software is an upgrade from an earlier version of the
Software, it is provided to you on a license exchange basis. You agree by
your installation and use of this copy of the Software Product to
voluntarily terminate your earlier EULA and that you will not continue to
use the earlier version of the Software Product or transfer it to another
person or entity.
From time to time, the Software will send information to and receive
information from servers maintained by Webvisum. This exchange of information
is required for the Software to function properly. The Software Product
will also check for software updates from time to time. By installing and
using the Software, you hereby authorize this exchange. Further, when you
engage in certain activities with the Software, the Software may prompt you
to provide certain information about yourself including your registered
username and password. However, no personal information will be sent,
except that required for the Software to function properly.
WARRANTIES AND WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
THE SOFTWARE PRODUCT IS PROVIDED ENTIRELY "AS IS". WEBVISUM EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY IMPLIED OR EXPRESS WARRANTIES OF TITLE.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL WEBVISUM
BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO
ANY LOSS OF PROFITS, INTERRUPTION TO BUSINESS, LOSS OF INFORMATION OR ANY
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SUPPLY TO OR
USER'S USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, WHETHER WEBVISUM HAS
BEEN INFORMED OF THE POSSIBILITY OF THE SAME OR NOT, AND WHETHER STYLED AS
A CLAIM IN CONTRACT, TORT OR OTHER LEGAL THEORY.
USER ACKNOWLEDGES THAT NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING
HAS BEEN MADE BY SENDSPACE TO ANY PERSON OR COMPANY ON USER'S BEHALF AS TO
THE PROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM
DELIVERY TO USER OF THE SOFTWARE PRODUCT. USER HAS RELIED UPON ITS OWN
SKILL AND JUDGMENT IN ACQUIRING THE FREEWARE PRODUCT. TO THE EXTENT
APPLICABLE LAW DOES NOT PERMIT A COMPLETE LIMITATION OF DAMAGES AS SET
FORTH HEREIN, USER AGREES THAT ITS DAMAGES SHALL BE LIMITED TO ONE DOLLAR
(CAN). NOTHING HEREIN SHALL BE CONSTRUED AS ATTEMPTING TO ENFORCE RIGHTS
AGAINST USER BEYOND THOSE PERMITTED BY APPLICABLE LAW.
This EULA embodies the entire agreement between Webvisum and User in relation
to the terms on which User is licensed to use the Freeware Product; any
written or oral agreement between the parties in connection with the
subject matter hereof is hereby superseded and of no further force or
effect. This EULA may be amended only by a writing executed by both
Governing Law (need to decide on a country)
This EULA is governed by the laws of COUNTRY. Webvisum and User each
irrevocably and unconditionally submit to the exclusive jurisdiction and
venue of the federal courts of COUNTRY, and each knowingly waives any
objection that the courts therein do not have personal jurisdiction or that
the courts are an improper forum, or not a convenient forum. The
International Sale of Goods Convention shall not apply to this License
Agreement, and is expressly excluded hereunder.
If any provision of this EULA is or at any time becomes illegal,
prohibited, void or unenforceable for any reason, that provision is severed
from this EULA and the remaining provisions of this EULA shall continue to
be enforceable and are to be construed with such additions, deletions and
modifications as are necessary to give effect to the remaining provisions
of this EULA.
THIS LICENSE IS EFFECTIVE UNTIL TERMINATED. User may terminate it by
destroying or returning all copies of the Software Product and all of its
component parts. THIS LICENSE WILL TERMINATE AUTOMATICALLY WITHOUT FURTHER
ACTION FROM WEBVISUM IF USER FAILS TO COMPLY WITH ANY TERM OR CONDITION OF THIS
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