End user agreement for SharePoint AD Management Pack
THIS SOFTWARE DOES NOT TRANSMIT ANY PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR SERVER TO boostsolutions™ COMPUTER SYSTEMS WITHOUT YOUR CONSENT.
1. GENERAL. The boostsolutions™ SOFTWARE, documentation, and any associated media and printed materials accompanying this EULA (herein collectively referred to as “boostsolutions™ SOFTWARE”) is licensed, not sold, to you by WISHWILL International Ltd (“WISHWILL”) for use only under the terms of this EULA. WISHWILL and its licensors retain ownership of the boostsolutions™ SOFTWARE itself and reserve 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 Ltd. 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 on a WSS v3.0 or MOSS2007 Site Collection/Farm, 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 and its Affiliates and their respective successors and assigns, 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. Installation. You may install only one copy of boostsolutions™ SOFTWARE on a single WSS v3.0 or MOSS2007 Site Collection/Farm, irrespective of the number of servers within said Site Collection/Farm. Each copy of boostsolutions™ SOFTWARE requires its own Site Collection License/Farm License to run, and an additional Site Collection License/Farm License is required if you install another copy of the SOFTWARE on a different WSS v3.0 or MOSS 2007 Site Collection/Farm.
2.2. boostsolutions™ Product Licensing Requirements. The boostsolutions™ software licensing model consists of two license types: Site Collection Licenses and Farm Licenses. Site Collection Licenses may only be applied to Site Collections, and Farm Licenses may only be applied to Farms. Once a full license has been applied, boostsolutions™ SOFTWARE will run without an expiration date. A Site Collection License/Farm License is generated from the Site Collection ID/Farm ID and is based upon the number of end-users in said Site Collection/Farm.
2.3. Reassignment of Site Collection License/Farm License. Each Site Collection License/Farm License can only be applied to a Site Collection/Farm ONCE. Reassignment of previous Site Collection Licenses/Farm Licenses from one Site Collection/Farm to another is not possible if the Site Collection ID/Farm ID changes. However, more than one Site Collection License/Farm License can be assigned to a particular Site Collection/Farm.
2.4. 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 or Farm ID (depending on the type of license purchased). After confirmation that WISHWILL has received payment in full and receipt of your Site Collection ID/Farm ID, WISHWILL will issue you a unique license code for use on one site collection or farm.
2.5. 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 17.1 of this EULA.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3.1. Other Licenses. Please consult the licensing agreement accompanying the boostsolutions™ SOFTWARE.
3.2. Reservation of Rights. The boostsolutions™ SOFTWARE is protected by copyright and other intellectual property (hereafter referred to as “IP”) laws and treaties. Any and all IP Rights in the boostsolutions™ SOFTWARE, the boostsolutions™ Website, boostsolutions™ online materials and boostsolutions™ promotional materials are and shall remain the exclusive property of WISHWILL and/or its licensors. 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 prohibited.
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 boostsolutions™ support webpage, or in other boostsolutions™-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 our 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 does not control the third-party sites, and WISHWILL is not responsible for the content of any third-party sites, any links contained in third-party sites, or any changes or updates to third-party sites. WISHWILL is not responsible for web-casting or any other forms of transmission received from any third-party sites. WISHWILL is in no way responsible for providing support for third-party software, nor for troubleshooting issues arising from combining boostsolutions™ 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 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. SOFTWARE TRANSFER You can move the SOFTWARE to a different Site Collection/Farm, but only after you remove the SOFTWARE from the initial Site Collection/Farm.
10. 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.
11. 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 License/Farm 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 DURING 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.
12. 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 16 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this limited warranty. Some legal boundaries do not allow the exclusion or limitation of incidental or consequential damages, so the above 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.
13. 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 (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.
14. DISCLAIMER OF WARRANTIES. The limited warranty that appears 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.
15. 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 CONSEQUENTIAL 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 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.
16. 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 ACTUAL 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.
17. 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 American law.
17.1 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 furnished, (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 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.
18. 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 the SOFTWARE, the Site Collection License/Farm 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.
19. 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.
20. 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.
21. Survival: The terms of paragraphs 3.2,12,13,14,15,16 and 17 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.