terms and conditions
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1. the SOFTWARE the License and the Support Services if any and they supersede all prior or contemporaneous oral or written communications proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA To the extent the terms of any WISHWILL policies or programs for support services conflict with the terms of this EULA the terms of this EULA shall control unless both parties otherwise agree in writing 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 18 PARTIAL INVALIDITY If any provision of the terms or any part of a provision is found by any court or administrative body of competent jurisdiction to be illegal invalid or unenforceable and the provision or part provision in question is not of a fundamental nature to the terms as a whole the legality validity or enforceability of the remainder of the terms including the remainder of the term that contains the relevant provision shall not be affected 19 NO WAIVER The failure to exercise or delay in exercising a right power or remedy provided by the terms or by law shall not constitute a waiver of that right power or remedy If WISHWILL waives a breach of any provision of the terms this shall not operate as a waiver of a subsequent breach of that provision or as a waiver of a breach of any other provision 20 SURVIVAL The terms of paragraph2. AL DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION FOR INTERRUPTION OF BUSINESS FOR PERSONAL INJURY FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS End User License Agreement Page 6 a WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES INFORMATION SOFTWARE AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA EVEN IN THE EVENT OF THE FAULT TORT EXCLUDING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT MISREPRESENTATION STRICT LIABILITY BREACH OF CONTRACT OR BREACH OF WARRANTY OF WISHWILL OR ANY SUPPLIER AND EVEN IF WISHWILL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 15 LIMITATION OF LIABILITY AND REMEDIES NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER INCLUDING WITHOUT LIMITATION ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE THE ENTIRE LIABILITY OF WISHWILL AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY WISHWILL WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY SHALL BE LIMITED TO THE GREATER OF THE ACTUA
3. Gp BoostSolutions End User License Agreement End User License Agreement Page 1 Copyright Copyright 2008 2014 Boost Solutions Co Ltd All rights reserved All materials contained in this publication are protected by Copyright and no part of this publication may be reproduced modified displayed stored in a retrieval system or transmitted in any form or by any means electronic mechanical photocopying recording or otherwise without the prior written consent of Boost Solutions Our web site http www boostsolutions com End User License Agreement Page 2 a Contents PLEASE READ THIS END USER LICENSE AGREEMENT EULA CAREFULLY BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS EULA YOU AGREE TO THE TERMS HEREIN IF YOU DO NOT AGREE YOU SHOULD NOT INSTALL THIS SOFTWARE THIS SOFTWARE DOES NOT TRANSMIT ANY PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR SERVER TO Boost Solutions COMPUTER SYSTEMS WITHOUT YOUR CONSENT 1 GENERAL The Boost Solutions SOFTWARE documentation and any associated media and printed materials accompanying this EULA is licensed not sold to you by WISHWILL International Ltd WISHWILL for use only under the terms of this EULA WISHWILL retains ownership of the BOOSTSOLUTIONS SOFTWARE itself and reserves all rights not expressly granted to you This EULA is a legally binding agreement between you either an individual or a single entity and WISHWILL International L
4. L DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE THE FOREGOING LIMITATIONS EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE 16 APPLICABLE LAW The law of the United States of America will be used to judge the applicable nature of any contest and specific terms of this EULA All legal cases will be brought before a U S court and will abide by the U S laws 16 1 In the event that any third party brings a suit against you that is based on a claim that the SOFTWARE solely as furnished to you under this Agreement constitutes direct infringement of any patent issued by or trademark copyright registered in the United States WISHWILL shall defend such suit or proceeding and shall pay any damages and costs finally awarded therein against you with respect to such matter provided that you immediately notify WISHWILL of any such claim in writing furnish WISHWILL with a copy of each communication notice or other action relating to the alleged infringement and give WISHWILL the authority information and assistance necessary to settle compromise or litigate such suit or legal proceeding Following notice of a claim or a threatened or actual suit WISHWILL may without obligation to do so at WISHWILL s sole option a procure for you the right to continue to use the BOOSTSOLUTIONS SOFTWARE as furnish
5. RING THE PERIOD OF THIS LIMITED WARRANTY THIRTY DAYS AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY DAY PERIOD THERE IS NO WARRANTY OR CONDITION OF ANY KIND Some states jurisdictions do not allow limitations on how long an implied warranty or condition lasts so the above limitation may not apply to you Any supplements or updates to the SOFTWARE including without limitation any if any service packs or bug fixes provided to you after the expiration of the thirty day Limited Warranty period are not covered by any warranty or condition express implied or statutory NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WISHWILL OR ITS DEALERS OR EMPLOYEES SHALL CREATE A WARRANTY 11 LIMITATION ON REMEDIES NO CONSEQUENTIAL OR OTHER DAMAGES Your exclusive remedy for any breach of this limited warranty is as set forth below EXCEPT FOR ANY REFUND ELECTED BY WISHWILL YOU ARE NOT ENTITLED TO ANY DAMAGES INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES IF THE SOFTWARE DOES NOT MEET WISHWILL S LIMITED WARRANTY AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE The terms of Section 15 below Exclusion of Incidental Consequential and Certain Other Damages are also incorporated into this limited warranty Some legal boundaries do End User License Agreement Page 5 not allow the exclusion or limitation of incidental or consequential damages so the abov
6. e limitation or exclusion may not apply to you This limited warranty gives you specific legal rights You may have other rights which vary from country to country under different jurisdictions 12 YOUR EXCLUSIVE REMEDY WISHWILL s and its suppliers entire liability and your exclusive remedy for any breach of this limited warranty or for any other breach of this EULA or for any other liability relating to the SOFTWARE shall be at WISHWILL s discretion and subject to applicable law a return of the amount paid if any for the Site Collection License Farm License or Server License or b repair or replacement of the SOFTWARE that does not meet the terms of this limited warranty if and only if the SOFTWARE is returned to WISHWILL with a copy of your receipt You will receive the remedy elected by WISHWILL without charge except that you are responsible for any expenses you may incur e g cost of shipping the SOFTWARE to WISHWILL This limited warranty is void if failure of the SOFTWARE has resulted from accident abuse misapplication abnormal use or a virus Any replacement SOFTWARE will be subject to the warranty for the remainder of the original warranty period or twenty 20 days whichever is longer and WISHWILL will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with WISHWILL s warranty remedy procedures 13 DISCLAIMER OF WARRANTIES The limited warranty that appea
7. ed b replace or modify the BOOSTSOLUTIONS SOFTWARE to make it non infringing or c discontinue your license for the BOOSTSOLUTIONS SOFTWARE and refund to you any license fee that you paid for it less a reasonable value for use determined by prorating such license fee on the basis of a thirty six 36 month straight line depreciation method applied to the period of actual use WISHWILL shall not be obligated to defend or be liable for costs or damages if the infringement or claim thereof arises out of i use or combination of SOFTWARE with products or data not provided by WISHWILL ii use of other than the latest unmodified release of the SOFTWARE made available to you by WISHWILL iii modification of the SOFTWARE by anyone iv use of End User License Agreement Page 7 the SOFTWARE after receiving notice or having reason to believe that the SOFTWARE infringes a patent or copyright of a third party or v a claim based on any portion of the Windows software that may be included with the SOFTWARE THE FOREGOING STATES YOUR EXCLUSIVE REMEDY AND WISHWILL S ENTIRE LIABILITY WITH RESPECT TO INFRINGEMENT OF ANY PATENT OR COPYRIGHT BY SOFTWARE AND WISHWILL SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OTHER INTELLECTUAL PROPERTY RIGHT 17 ENTIRE AGREEMENT SEVERABILITY This EULA including any addendum or amendment to this EULA that is included with the SOFTWARE represents the entirety of the agreement between you and WISHWILL relating to
8. er referred to as IP laws and treaties Any and all IP Rights in the BOOSTSOLUTIONS SOFTWARE the Boost Solutions Website Boost Solutions online materials and Boost Solutions promotional materials are and shall remain the exclusive property of WISHWILL Nothing in this EULA intends to transfer any such IP Rights to or to vest any such IP Rights in you You are only entitled to the limited use of the IP rights granted to you in this EULA You will not take any action to jeopardize limit or interfere with WISHWILL s IP Rights Any unauthorized use of WISHWILL s IP Rights is a violation of this EULA as well as a violation of intellectual property laws and treaties including but not limited to copyright and trademark laws All title and IP Rights in and to any third party content that is not contained in the BOOSTSOLUTIONS SOFTWARE but may be accessed through use of the BOOSTSOLUTIONS SOFTWARE is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties BOOSTSOLUTIONS SOFTWARE is licensed not sold WISHWILL reserves all rights not expressly granted to you in this EULA Reverse engineering decompiling disassembling the SOFTWARE is prohibited except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation Renting leasing or lending the SOFTWARE including providing commercial hosting services is also pro
9. hibited 4 PRODUCT SUPPORT SERVICES 4 1 Rights and Obligations WISHWILL may provide you with product support services related to the BOOSTSOLUTIONS SOFTWARE Use of any such support services is governed by the WISHWILL policies and programs described in the user manual in online documentation on the Boost Solutions support webpage or in other Boost Solutions related materials Any SOFTWARE WISHWILL may provide you as part of support services is governed by this EULA unless separate terms are provided 4 2 Consent to Use of Data You agree that WISHWILL and its affiliates may collect and use technical information gathered as part of the support services provided to you if any related to the BOOSTSOLUTIONS SOFTWARE WISHWILL may use this information solely to improve Boost Solutions products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you 5 LINKS TO THIRD PARTY INTERNET SITES You have permission to link to third party Internet sites through the use of the BOOSTSOLUTIONS SOFTWARE WISHWILL is in no way responsible for providing support for third party software nor for troubleshooting issues arising from combining BOOSTSOLUTIONS End User License Agreement Page 4 SOFTWARE with third party software 6 UPGRADES To use BOOSTSOLUTIONS SOFTWARE identified as an upgrade by WISHWILL you are required to be licensed for the BOOSTSOLUTIONS SOFTWARE
10. identified by WISHWILL as eligible for the upgrade After upgrading the SOFTWARE that formed the basis for your upgrade eligibility may no longer be used The resulting upgraded SOFTWARE may be used only in accordance with the terms of this EULA 7 NOT FOR RESALE SOFTWARE SOFTWARE identified as Not for Resale or NFR may not be sold or otherwise transferred for value or used for any purpose other than demonstration test or evaluation 8 EXPORT RESTRICTIONS You acknowledge that the SOFTWARE is subject to the jurisdiction of the United States of America You agree to comply with all applicable international and national laws that apply to the SOFTWARE 9 TERMINATION Without prejudice to any other rights WISHWILL may terminate this EULA if you are not in compliance with all the terms and conditions herein In such event you must destroy all copies of the SOFTWARE and all of its component parts 10 LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA WISHWILL warrants that the SOFTWARE will perform substantially in accordance with the accompanying materials for a period of thirty 30 days from the date of receipt of the Site Collection Farm License or the Server License that you have purchased IF AN IMPLIED WARRANTY OR CONDITION IS CREATED BY YOUR STATE JURISDICTION AND FEDERAL OR STATE PROVINCIAL LAW PROHIBITS DISCLAIMER OF IT you also have an implied warranty or condition BUT ONLY AS TO DEFECTS DISCOVERED DU
11. rs above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations if any created by any advertising documentation packaging or other communications EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WISHWILL AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES IF ANY AS IS AND WITH ALL FAULTS AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WHETHER EXPRESS IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO ANY IF ANY IMPLIED WARRANTIES DUTIES OR CONDITIONS OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE OF RELIABILITY OR AVAILABILITY OF ACCURACY OR COMPLETENESS OF RESPONSES OF RESULTS OF WORKMANLIKE EFFORT OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES INFORMATION SOFTWARE AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE EXCEPT AS PROVIDED IN SECTION 17 1 OF THIS AGREEMENT THERE IS NO WARRANTY OR CONDITION OF TITLE QUIET ENJOYMENT QUIET POSSESSION AND CORRESPONDENCE TO DESCRIPTION OR NON INFRINGEMENT WITH REGARD TO THE SOFTWARE 14 EXCLUSION OF INCIDENTAL CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL WISHWILL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL INCIDENTAL PUNITIVE INDIRECT OR CONSEQUENTI
12. s 3 1 11 12 13 14 15 and 16 of this EULA and any other provision of the additional terms that are expressed to survive or operate in the event of termination shall survive termination of this EULA and the applicable additional terms for whatever reason
13. td This EULA 1 1 Governs BOOSTSOLUTIONS SOFTWARE which denotes software including online and electronic documentation and any associated media and printed materials 1 2 Governs any product support services relating to the SOFTWARE except as may be included in another agreement between you and WISHWILL 1 3 Applies to updates supplements add on components and Internet based services components of the BOOSTSOLUTIONS SOFTWARE that WISHWILL may provide or make available to you unless WISHWILL provides other terms with the update supplement add on component or Internet based services component 1 4 May be accompanied by an amendment or addendum depending on the nature of the BOOSTSOLUTIONS SOFTWARE purchased BOOSTSOLUTIONS SOFTWARE provides services or functionality in a SharePoint environment and allows single personal computers terminals handheld computers pagers telephones personal digital assistants and or other electronic devices to access or use the SOFTWARE 2 GRANT OF LICENSE WISHWILL grants to Licensee an irrevocable perpetual fully paid up non exclusive license to use the SOFTWARE conditioned on compliance with all the terms and conditions of this EULA 2 1 BOOSTSOLUTIONS SOFTWARE License Issuance Policy WISHWILL will issue a license code only after all monies owed WISHWILL have been paid in full and cleared by WISHWILL s representative bank and WISHWILL has received your Site Collection ID Farm ID or Ser
14. ver Code depending on the type of license purchased After confirmation that WISHWILL has received payment in full and receipt of your Site Collection Farm ID or Server Code WISHWILL will issue you a unique license code for use 2 2 BOOSTSOLUTIONS SOFTWARE Refund Policy Refunds will only be granted if your refund request is received and acknowledged by WISHWILL BEFORE the license code has been generated and sent to you Once the license code has been issued by WISHWILL the sale is considered final and no refunds will be granted with the exception of the terms and conditions stated in section 16 1 of this EULA End User License Agreement Page 3 2 3 BOOSTSOLUTIONS SOFTWARE Transfer Restrictions If you transfer ownership of the SOFTWARE to any Affiliates or their respective successors you may transfer the SOFTWARE and all licenses and rights in the SOFTWARE granted to you under this Agreement to the transferee provided that i such transferee agrees in writing to accept the terms and conditions of this Agreement and ii you also transfer all SOFTWARE including all copies thereof to such transferee Except as provided in this Section you may not sublicense transfer or assign this Agreement or any of your rights or obligations under this agreement in whole or in part 3 DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS 3 1 Reservation of Rights The BOOSTSOLUTIONS SOFTWARE is protected by copyright and other intellectual property hereaft
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