BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE AND DOCUMENTATION (“SOFTWARE”), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
This EULA is a legal agreement between You and Vanaia LLC, including its subsidiaries, affiliates and contractors acting on Our behalf (collectively “Vanaia”, “Us”, “We”, or “Our”) regarding Your use of the Vanaia, or one of its subsidiary’s Software. From time to time, We may in Our sole discretion update or modify the EULA. The most recent version of the EULA is located at: https://www.wisefax.com/eula IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE. YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER, AND/OR (B) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A COMMERCIAL BUSINESS (“BUSINESS USER”). THIS SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS (“ADDRESS”). EXCEPT FOR THE VANAIA PRODUCTS LISTED BELOW, YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE COMPUTING DEVICE. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING DEVICE UNLESS THE ORIGINAL COMPUTING DEVICE FAILS, IF AUTHORIZATION CODES ARE REQUIRED YOU MAY NEED TO CONTACT CUSTOMER SERVICE AND REQUEST APPROVAL TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE, AND YOU CERTIFY TO VANAIA THAT YOU DEINSTALLED THE SOFTWARE FROM THE FAILED COMPUTING DEVICE. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE LICENSES.
LICENSE TO USE THE SOFTWARE.
LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to You. You must lawfully acquire the Software from Us, or Our authorized resellers. Otherwise You don’t have a right to use the Software. You may only purchase and/or download the Software from Vanaia’s or its authorized reseller’s store, eStore, or Vanaia’s website. This EULA does not apply to any Software installed on a hardware partition, blade, or terminal server, or in any other virtualization environment (collectively “Virtualization Environment”). You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection. A separate license agreement must be entered into with Vanaia to obtain the right to use the Software for a Virtualization Environment, network connections or volume purchases. You agree that if the Software requires mandatory activation or email validation, You will complete the process providing Vanaia with accurate information. Your use of the Software is suspended until You complete the activation and/or registration process. The Software may include digital images, stock photographs, clip art, fonts, sounds or other artistic works (“Stock Files”). The responsibilities and restrictions relating to the Software apply to the Stock Files. Vanaia reserves all rights not expressly granted to You in this EULA. BUSINESS USERS: If You are a business, You agree to maintain records, systems and/or procedures that accurately record of the number of copies of the Software that have been acquired and installed on Your Computers and will keep the records for two (2) years from the date Your license to use the Software ends. Vanaia may conduct an audit (remotely or at Your facility) of records and systems from Your business, to verify that Your installation of the Software conforms with a valid license from Vanaia. Vanaia will not conduct more than one (1) audit per year. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license for the Software.
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. With regard to Your Use of the Software under this EULA, You have certain responsibilities. The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell, or loan the Software. If You purchase the Software as a gift to a third person, the third person must accept the terms of this EULA before using the Software. You may not reverse engineer, decompile or disassemble the Software. While We own Our Software, You own and are responsible for the content (“Content”) that You create or have created for You resulting from the use of Our Software (including any add-ons or plug-ins to Our Software that You create or have created for You). You agree that, in connection with Your use of the Software, You are responsible for the direct and/or indirect consequences of any of the (a) Content You create and (b) third party photos or images that You use or modify in creating Your Content, especially in situations where You share Your Content with family, friends, clients and/or third parties such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). Vanaia can neither monitor nor control what third party social networking sites or the members or users of such sites do with Your content You share. You are responsible for independently verifying the accuracy and completeness of Your content (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software). You may not modify or create derivative works based upon the Software. You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the Software including data protection and privacy laws. You agree that You will not use the Software in a way that is unlawful or that violates the rights of a third party. If We get sued or a claim is brought against Us by a third party due to (a) Your actions, (b) Your failure to act when required, or (c) Your content, then You agree to defend, indemnify and hold Vanaia harmless. You may receive updates, bug fixes, feature enhancements or improvements, or other data relating to the Software (collectively “Updates”) downloaded to Your computer with a notice describing what is included in the Update and the purpose of the Update. You will have to choose either to install the Update on Your computer device or opt out and not install the Update. If You do not install the Updates the Software may not perform properly.
OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by United States Intellectual Property laws and international intellectual property laws and treaty provisions. Therefore, You may not distribute the Software without Our permission. If You purchase or download the Software in China, India, Indonesia or Vietnam, You may not copy the Software or printed materials accompanying the Software for any purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA, You may only make one (1) copy of the Software or You may keep one (1) copy of the Software on a single hard drive for backup or archival purposes. For backup or archival purposes only, You may either make only one (1) copy of the Software and the Printed Materials or print one copy of any user documentation if You downloaded the Software or You may keep one (1) copy the Software and printed materials (or User Documentation) on a single hard drive. Otherwise, You may not copy the Software or the printed materials accompanying the Software (or print copies of any user documentation if You downloaded the Software). You agree that Vanaia, the Vanaia logos, and other Vanaia trademarks, service marks, and graphics are trademarks of Vanaia (some in the United States and/or other countries) or are trademarks of Vanaia’s partners (“Marks”). You are not granted a right to use Marks without the owner’s permission. You will not remove, obscure or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing or updating the Software (any part of it), and services or offerings at any time.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received with this EULA is a pre-commercial release or a beta version, then You understand the Software is pre-release, non-commercial version and does not represent a final product of Vanaia. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS AND VANAIA DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY TO YOU OF ANY KIND.
EVALUATION SOFTWARE. If the Software is identified as a demonstration, evaluation, trial, “not for sale” (“NFS”) or “not for resale” (“NFR”) version (“Evaluation Version”) in the applicable user documentation You may install and access one (1) copy of the Software only for the purpose of evaluation and/or demonstration. Unless You are authorized by Vanaia, You may not use Our Software for competitive analysis, or commercial, professional, or other for-profit purposes. You understand that at the end of the evaluation period, You must either stop using the Software or pay for the Software to continue using it. If You fail to pay for it, then Your license terminates. Upon expiration of the evaluation period, You will immediately discontinue use of the Evaluation Version and delete and destroy all electronic copies of the Evaluation Version including, but not limited to, all user documentation that may have been provided as part of the evaluation from Your computer and any other computer devices on which You have installed the Evaluation Version. Any attempt to circumvent any expiration date technology is in violation of this EULA and will automatically and immediately terminate Your license to use the Evaluation Version. Notwithstanding the foregoing, additional terms apply to the WinZip products, as set forth below in the Additional License Terms section of this EULA.
OEM EDITION PRODUCT. If the Software is identified as an OEM Edition product, You may only use the Software with the original computer or electronic equipment (the “Original Equipment”) with which the Software was first bundled.
LIMITED AND RESTRICTED WARRANTY. If You purchased the Software on a computer disc, then Vanaia warrants that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the Software. The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software, however, the Software may contain normal bugs and errors. Therefore, the Software is provided on an “AS IS” basis with the understanding that bug fixes and Updates will be provided from time to time. This warranty is valid only for the original purchaser of the Software. IF THE DISC IS DEFECTIVE, THEN VANAIA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE DISC TO US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the Software is void if the damage to the disc is a result of accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VANAIA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.
SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances and as long as You obtained the Software from Vanaia, or a Vanaia authorized reseller, Vanaia may remedy substantial defects of the Software at its reasonable discretion by (a) providing a patch, Update or replacement of the Software, or (b) asking for return of the Software and cancelling the EULA. You are entitled to a reduction of the purchase price or a rescission of the EULA only if Vanaia has repeatedly failed to remedy the defect after a reasonable period of time. If You are a consumer, Your claims under this clause are time-barred in twenty-four (24) months; if You are a business, Your claims under this clause are time-barred in twelve (12) months. If You alter the Software in any way without being authorized by Vanaia, Vanaia will not remedy defects caused by such alteration and You are liable for any damages incurred by Vanaia due to Your unauthorized alteration. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes. To make a warranty claim You must provide a detailed error description to Vanaia Customer Service or, at Vanaia’s request, return the Software along with any return materials authorization information provided to You by Vanaia, at Vanaia’s expense, to Vanaia LLC, 244 5th Avenue, Suite 200, New York, N.Y. 10001, USA. For further warranty information, please contact Vanaia Customer Service at https://www.wisefax.com/support.
NO LIABILITY FOR OPEN SOURCE MATERIALS. THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). VANAIA MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VANAIA OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VANAIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances and as long as You obtained the Software from Vanaia, or a Vanaia’s authorized reseller, Vanaia may be liable to You (a) without limitation for damages You have incurred under or in connection with this EULA only if the damage has been caused by the willful or grossly negligent act of Vanaia; and (b) for those typical damages that were reasonably foreseeable and which have been caused by any other negligent breach of an essential contractual duty by Vanaia. Any further liability of Vanaia is excluded. These aforementioned limitations apply irrespective of their legal basis, in particular with regard to any pre-contractual or auxiliary contractual claims. These limitations shall not apply, however, to any mandatory liability under the applicable product liability laws, nor to any damage which is caused due to the breach of an express warranty to the extent that such express warranty was intended to protect consumers against the specific damage incurred, nor to damages due to loss of life, injury or prejudice to health.
EXPORT RESTRICTIONS. You may not download, distribute, export, re-export, or redistribute the Software, including any Vanaia shareware product, (a) into, or to a national or resident of any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department’s list of ‘Specially Designated’ nationals or the United States Commerce Department’s ‘Table of Deny Orders’. By downloading or using the Software, You are representing and warranting that You are not located in, under the control of, or a national or resident of any such country or on any such list. Except pursuant to an express, written, fully-executed agreement with Vanaia, You may not purchase a license to use the Software for the purpose of exporting it to a country other than the original country of sale, nor may You retain the services of a third party to purchase a license to use the Software if in doing so You will require such third party to send (via any means, electronic or otherwise) the Software to You in a country other than the original country of sale.
GENERAL. If You purchased or downloaded the Software in the United States then this EULA is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Any dispute between You and Vanaia regarding this EULA will be subject to the exclusive venue of the state and federal courts in the State of California. This EULA specifically excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such ‘Convention’, if otherwise applicable. Except as expressly set forth herein to the extent permitted by applicable law, this EULA shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer. If You acquired the Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, any dispute between You and Vanaia regarding this EULA will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If You acquired the Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If You acquired the Software in any other country, then local law may apply. This EULA is the entire agreement between You and Vanaia and supersedes any other communications or advertisements with respect to the Software and documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries. If Vanaia has provided You with a translation of the English language version of this EULA, You agree that such translation is provided for Your convenience only and that the English language version, not the translation, of this EULA will be legally binding on You. The English language version of this EULA and not its translation(s) will govern in the event of a conflict between the English language version and a translation. The original English version of the EULA can be found at https://www.wisefax.com/eula.
If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. No term or provision in the EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon Vanaia unless made in writing and duly executed by You and an authorized representative of Vanaia.
Some Vanaia Software versions may not be compatible with various computer operating systems and Vanaia may not release Updates. Your Software may not be compatible with computer operating systems that You may purchase now or in the future.
You understand that Vanaia Software may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This EULA remains effective with such incorporation. Any and all other third party software or technology that may be distributed together with the Vanaia Software (as bundled third party software) may be subject to You explicitly accepting a license agreement with that third party. Vanaia’s licensors shall be a direct and intended third party beneficiary of this EULA.
ADDITIONAL EULA TERMS
Additional Terms Applicable to Fixed Term Licenses
Subject to the terms and conditions of this EULA, in the instance of a fixed term license, the license to use the Software begins on installation and shall be for the duration identified by Vanaia in the applicable invoice, or by the Vanaia authorized OEM or Vanaia authorized reseller in its invoice. Use of the software before or beyond the applicable fixed term, or any attempt to defeat the time-control disabling function in the Software, is an unauthorized use and constitutes a material breach of this EULA and applicable law.
You may install the Software on only one computing device. You may not install the Software on another computing device unless the original computing device fails. In the event of failure, it will be necessary for you to contact customer service and request approval to reinstall the Software on a new computing device. You will be required to certify that the original computing device failed, and will be provided with an activation code that will enable to you install the Software on another computing device for the remainder of the term.
Apple Minimum Terms Control
You acknowledge and agree that if any of the terms and conditions of this EULA and Additional EULA Terms to the same are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, the terms and conditions of Apple’s instructions for Minimum Terms of Developer’s End User License Agreement shall apply.
Certain content and services available via the Vanaia applications and serices may include materials from third parties. Vanaia may provide links to third-party websites as a convenience to you. You agree that Vanaia is not responsible for examining or evaluating the content or accuracy and Vanaia does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Vanaia is not in any way responsible for any such use by you.