Terms & Conditions

WOPiXX Licence Agreement

Version 1.00 – released April 06, 2016

 

This license agreement applies to the software, all documentation and programming samples associated with the software named “WOPiXX”.

 

Terms and Conditions

BY DOWNLOADING, INSTALLING, USING, TRANSMITTING, DISTRIBUTING OR COPYING THIS SOFTWARE ("WOPIXX"), YOU (HEREINAFTER CALLED "LICENSEE") AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING WOPIXX LICENSE AND DISCLAIMER OF WARRANTY) WITH TOOLMAKER ADVANCED EFFICIENCY (HEREINAFTER CALLED "LICENSOR") BEING THE OWNER OF ALL RIGHTS WITH RESPECT OF WOPIXX.

 

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING WOPIXX!


IF LICENSEE DOES NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE THEN DO NOT DOWNLOAD, INSTALL, USE, TRANSMIT, DISTRIBUTE OR COPY WOPIXX.

THIS DOCUMENT CONSTITUTES A LICENSE TO USE WOPIXX ON THE TERMS AND CONDITIONS APPEARING BELOW.


WOPiXX is licensed to Licensee for use only upon the terms of this LICENSE, and Licensor reserves all rights not expressly granted to Licensee. Licensor retains ownership of all copies of WOPiXX including all documentation.


1. LICENSE

Licensee may download and use WOPiXX without signing any LICENSE agreement document of the Licensor.

Licensee may not distribute copies of WOPiXX. Licensee may assist other Licensees in downloading and installing WOPiXX. However, each and every Licensee of WOPiXX has to individually accept these Terms and Conditions and provide full business address including contact details (name, e-mail, position) in an online registration process.

A small one-time registration fee is charged for each logical IBM I partition that WOPiXX runs on.

 

2. Restrictions

LICENSEE MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, SELL, ONSELL, REQUEST DONATIONS OR CREATE DERIVATE WORKS BASED UPON WOPIXX OR ANY PART THEREOF.

LICENSEE MAY, HOWEVER, DEVELOP AND DISTRIBUTE BUSINESS APPLICATIONS BASED ON THE TECHNOLOGY OF WOPIXX.

WOPiXX contains trade secrets. To protect them, Licensee may not decompile, reverse engineer, disassemble or otherwise reduce WOPiXX to a humanly readable form.
 

3. Difference between Freeware and Commercial LICENSE

There is no difference in the functionality between the Freeware LICENSE and the Commercial LICENSE of WOPiXX. Changing from Freeware to Commercial does not require new software installation. A valid license code from Licensor will suffice.

 

 

Licensee may acquire a Commercial LICENSE from Licensor by selecting A, B, C, D selectively or may acquire a package containing all of the mentioned options.
 

4. Software ESCROW

Software Escrow is the deposit of the source code of software with a third party escrow agent. Software Escrow provides protection for source code, including web application. The majority of mission critical technology and applications that organizations are reliant on today are created by third party developers, but relying on that developer to always be on hand to provide crucial support and maintenance can bring about a high level of risk.


Licensor has an agreement with an Escrow agent in Germany. With every major new version of WOPiXX a copy of the complete source code and documentation is handed over to the ESCROW agent. In case Licensor goes out of business or fails to provide maintenance services for more than one full month, the ESCROW agent is authorized to hand over a copy to any Licensee that can verify to the ESCROW agent that he is authorized for such service by providing the invoice from Licensor and payment to the Licensor covering the date when the source code is requested. Licensee agrees to pay a handling fee directly to the ESCROW agent before receiving the media containing the source code.

 

Name and address of the ESCROW agent will be made available to Licensees licensing an ESCROW option with their Commercial LICENSE.

 

5. Personal support

Licensor provides support for WOPiXX through e-mail and/or telephone.

Licensees may enter into a support agreement in which case Licensee may request support through e-mail and/or telephone without further payment.

Licensees without a valid support agreement may request service(s) through e-mail and/or telephone only after agreeing in advance to pay for the service(s) rendered.

 

6. Current fees and pricing for options

All fees and prices charged are without tax in EURO. For US and Canada Licensees only the fees and prices are in US$. For current prices please obtain a quote from sales@toolmaker.de by including the number of WOPiXX users and the desired options (A, B, C, D) in your e-mail.

 

7. Termination

This LICENSE is effective until terminated. The LICENSE will terminate automatically without notice from the Licensor if Licensee fails to comply with any provision of this LICENSE. Upon termination, Licensee must delete (uninstall) WOPiXX and all copies thereof. Licensee may terminate this LICENSE at any time by removing WOPiXX and all copies thereof. Upon termination of this LICENSE for any reason Licensee shall continue to be bound by the provisions of Section 2 above. Termination will be without prejudice to any rights the Licensor may have as a result of this agreement.

 

8. Disclaimer of Warranty, Limitation of Remedies

TO THE FULL EXTENT PERMITTED BY LAW, LICENSOR HEREBY EXCLUDES ALL CONDITIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, NOT EXPRESSLY SET OUT HEREIN. WOPIXX, AND ALL ACCOMPANYING PROGRAM CODE, PROGRAM NAMES, LOGOS, DOCUMENATION, FILES, APPEARANCE, STRUCTURE, DATA AND MATERIALS PERTAINING TO WOPIXX ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF WOPIXX WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK OF USING WOPIXX IS ASSUMED BY LICENSEE. LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO WOPIXX. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.


IMPORTANT NOTE: Nothing in this Agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties or conditions by which virtue of any national or state Fair Trading, Trade Practices or other such consumer legislation may not be modified or excluded. If permitted by such legislation, however, the Licensors liability for any breach of any such warranty or condition shall be and is hereby limited to the supply of WOPiXX licensed hereunder again as the Licensor at its sole discretion may determine to be necessary to correct the said breach.


IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS), EVEN IF LICENSOR OR ANY REPRESENTATIVE OF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT DOES LICENSOR AUTHORIZE LICENSEE TO USE WOPIXX IN SITUATIONS WHERE FAILURE OF WOPIXX TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY LICENSEE IS ENTIRELY AT LICENSEE’S OWN RISK, AND LICENSEE AGREES TO HOLD LICENSOR HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

 

9. General

All rights of any kind pertaining to WOPiXX which are not expressly granted in this Agreement are entirely and exclusively reserved to and by the Licensor.


This Agreement shall be governed by the laws of the Federal Republic of Germany. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in Landsberg / Lech in Germany and Licensee consents to such jurisdiction and venue. This agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and/or understandings (oral or written). Failure or delay by the Licensor in enforcing any right or provision hereof shall not be deemed a waiver of such provision or right with respect to the instant or any subsequent breach. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in force and effect.