WIZEgem End-User License Agreement (EULA)
Nov 1, 2014
BY USING THE WIZEGEN WEBSITE OR WIZEGEM APPLICATION (“WIZEGEM”), THE INDIVIDUAL IF ACTING ON BEHALF OF HIMSELF OR HERSELF (“INDIVIDUAL CUSTOMER“) OR THE INDIVIDUAL WHO IS ACTING ON BEHALF OF AN EDUCATIONAL OR NONPROFIT INSTITUTION, GOVERNMENTAL AGENCY, OR OTHER (“ENTITY CUSTOMER”, THE INDIVIDUAL CUSTOMER AND ENTITIY CUSTOMER TOGETHER ARE:”CUSTOMER”) IS AGREEING TO BE BOUND BY THIS AGREEMENT (“AGREEMENT”).
IF CUSTOMER DOES NOT AGREE TO THIS AGREEMENT, CUSTOMER MAY NOT USE THE WIZEGEM WEBSITE.
Subject to the terms and conditions of this Agreement, WIZEGEM grants to Customer a non-assignable, nontransferable license to use the service under its website, without the right to sublicense (“the Service”). Customer may not reproduce or distribute any part of the software in any manner, whether physically or electronically, without the express written permission of WIZEGEM.
Customer use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
Customer must not upload materials or profiles that are, in WIZEGEM sole discretion, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
WIZEGEM does not warrant that the Service will meet Customer specific requirements, or that the Service will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use of the Service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by Customer through the Service will meet Customer expectations, and that any errors in the Service will be corrected.
Customer shall not, nor permit any person to: (i) reverse engineer, reverse compile, decrypt, disassemble, or otherwise attempt to derive the source code of the WIZEGEM Software (except to the extent that this restriction is expressly prohibited by law); (ii) modify, translate, or create derivative works of the WIZEGEM Software; (iii) sublicense, resell, rent, lease, distribute, market, commercialize, or otherwise transfer rights or usage to the WIZEGEM Software (except as expressly permitted under this Agreement); (iv) remove, modify, or obscure any copyright notices or other proprietary notices or legends appearing on or in the WIZEGEM Software, or any portion thereof; (v) transfer, use, or export the WIZEGEM Software in violation of any applicable laws, rules, or regulations of any government or governmental agency; (vi) use the WIZEGEM Software or any system services accessed through the WIZEGEM Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, trojan horse, or other harmful, disruptive, or unauthorized component; or (vii) embed the WIZEGEM Software in any third-party applications, unless otherwise authorized in writing in advance by an officer of WIZEGEM.
The WIZEGEM Software, contain copyrighted material and other proprietary material and information of WIZEGEM and/or its licensors. WIZEGEM and/or its licensors shall retain all right, title, and interest, including all intellectual property rights, in and to the Licensed Software. Customer will not remove, alter, or destroy any form of copyright notice, proprietary markings, or confidential legends placed upon or contained within the WIZEGEM Software or any component thereof.
Some software used on WIZEGEM may be offered under an open source license that WIZEGEM will make available to Customer. There may be provisions in the open source license that expressly override some of these terms.
Customer is responsible for all content posted and activity that occurs under Customer account.
Accounts registered by automated methods are not permitted, Customer must be human.
Customer may not use the Service for any illegal or unauthorized purpose. Customer must not, in the use of the Service, violate any laws including but not limited to copyright or trademark laws.
Customer shall defend WIZEGEM against any claim, demand, suit or proceeding made or brought against WIZEGEM by a third party alleging that Customer content, or Customer use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify WIZEGEM for any damages finally awarded against, and for reasonable attorney’s fees incurred by, WIZEGEM in connection with any such claim, demand, suit or proceeding.
When upgrading to a paid plan from a free plan or upgrading to a more costly paid plan, Customer may be immediately billed.
The Service is billed in advance, either monthly or yearly, and is non-refundable. There will be no refunds or credits for partial periods of service, no upgrade/downgrade refunds, or after the fact refunds for unused paid accounts. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties, taxes.
When downgrading Customer Service, Customer may lose Content, features or capacity of his Account. WIZEGEM will not have any liability for such loss.
Non-standard arrangements regarding services, and pricing plans are confidential, and are not to be disclosed to any third party without permission.
WIZEGEM in its sole discretion may change its prices upon 30 days advanced notice. Such notice may be provided at any time by posting the changes to the Service website or by informing users directly.
WIZEGEM reserves the right to modify and/or temporarily disable any Service with or without notice.
WIZEGEM will provide 30 days advanced notice prior to permanently discontinuing the Service.
WIZEGEM shall not be liable to Customer or any third party for any modification, price change, suspension or discontinuance of the Service.
Customer can cancel his account at any time by sending an e-mail to email@example.com. The cancellation procedure results in deleting all Customer data. In case of cancellation, all Customer work and models would be deleted definitively and permanently. All Customer uploaded Content will be immediately made inaccessible from the Service upon cancellation. All Customer information cannot be recovered once Customer account is cancelled.
WIZEGEM may cancel Customer account at any time in its sole discretion. WIZEGEM will have no liability at such case.
THE WIZEGEM SOFTWARE AND SUPPORT SERVICES IF APPLICABLE ARE PROVIDED TO CUSTOMER ON AN ‘AS IS’ AND ‘WHERE IS’ BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. WIZEGEM HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ON BEHALF OF ITSELF AND ITS LICENSORS ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, WITH RESPECT TO THE WIZEGEM SOFTWARE AND SUPPORT SERVICES IF APPLICABLE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT SHALL WIZEGEM OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF WIZEGEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WIZEGEM, FOR ANY CLAIM UNDER THIS AGREEMET, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT CUSTOMER PAID WIZEGEM TO USE THE SERVICE.
Except as expressly provided herein, Customer may not assign or transfer any of its rights under this Agreement without the prior written consent of WIZEGEM. This Agreement will be governed by and construed in accordance with the laws of Israel.
Questions about the EULA should be sent to firstname.lastname@example.org