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WATS – End User License Agreement


EFFECTIVE:  JUNE 1, 2020

CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING OR OTHERWISE USING WATS INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE AND AGREED TO ITS TERMS.

Subject to the following terms and conditions, Virinco AS grants to you (“User”) a limited, non-exclusive, non-transferable license to use WATS Products, install procedure and related documentation (collectively, the “Products”) including, but not limited to, WATS Modules and WATS Client as purchased by the User.

WATS Software Agreement, WATS Master Subscription Agreement or other explicit written agreements with Virinco AS governs the right to install Products (collectively, the “Agreements”).

Any ATE/Test Station logging data to WATS, is counted as a WATS client, including (but not limited to) ATEs/Test Stations not running the WATS Client locally (logging data using converters).

WATS – SOFTWARE

  1. YOU MAY:

    1. Install and use the number of copies of Products limited to the number of licenses as purchased. Additional licenses must be acquired prior to installation.  Installation without required acquisition will result in a penalty fee of no less than 100% of the license fee since the day of installation.
    2. Transfer this license to another configuration or site as long as you cease all use of the Product, erase or destroy any copy (including hard disk copy) made in support of the use of the Product in the original installation.

  2. YOU MAY NOT:

    1. Make copies of Products except as explicitly permitted in Section 1 of this License.
    2. Translate, reverse engineer, decompile, or disassemble Products except to the extent the foregoing restriction is expressly prohibited by applicable law.
    3. Sell, rent, lease, loan, sub-license, distribute, assign, or transfer the Products except as set out in Section 1 (b) above.
    4. Use the Product to provide time-sharing services or operate a service bureau for others.
    5. Modify the Products or merge all or any part of the products with another program.
GENERAL TERMS

Product is designed and offered as general-purpose products and is not for any user’s particular purpose. You accept that no software product is error or bug-free. The setup and usage of communication lines between Products is the responsibility of the user.
The setup and proper usage of Products is the responsibility of the user. The below warranty and liability limitation do not apply in case of direct personal injury or death caused by the negligence of Virinco. This Agreement is governed by the laws of Norway.

LIMITED WARRANTY

Virinco AS warrants that Product will perform substantially in accordance with the accompanying written material for a period of ninety (90) days from the date of receipt, and any support services provided by Virinco’s support engineers shall be substantially as described in applicable written material (Support & Maintenance Agreement) entered into by the User, and Virinco’s support engineers will make commercially reasonable effort to solve any problem issue.

USER REMEDIES

Virinco’s and its suppliers’ entire liabilities and your exclusive remedy shall be, at Virinco’s option, either to return the price paid, if any, or repair or replace the Product that does not meet Virinco’s Limited Warranty. This Limited Warranty is void if failure of Product resulted from accident, abuse, or misapplication. Any replacement software will be warranted for the original warranty period or thirty (30) days, whichever is longer. Neither of these remedies or support offered by Virinco is available without proof of purchase from Virinco.

NO OTHER WARRANTIES – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRINCO DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRINCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. (INCLUDING, BUT NOT LIMITED TO, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY COST) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF VIRINCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, VIRINCO’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE, BUT NOT HIGHER THAN EUR 10 000. TO THE EXTENT THAT YOU COULD HAVE AVOIDED DAMAGES BY TAKING REASONABLE CARE, INCLUDING BY BACKING UP YOUR SOFTWARE AND OTHER FILES, VIRINCO WILL NOT BE LIABLE FOR SUCH DAMAGES.

Export Regulations

WATS Products must not be downloaded to, installed in or otherwise exported or re-exported to any country in violation with export control laws of the United States of America.

Should you have any questions about this Agreement, please contact or write to:

Virinco AS, +47 4000 3632, Grønland 1, 3045 Drammen, Norway.
virinco@virinco.com | www.virinco.com