End user agreement for ClickWork
Your Agreement to this License
Please read the License terms below. If you do not agree to all of the terms of this License, then do not use or install ClickWork.
Scope of License for the Trial Version
ViaFox grants you a non-exclusive license to use the free ClickWork trial version for your personal evaluation.
You may, at no cost:
- install the trial version of ClickWork on any computer that you personally use
- install the trial version of ClickWork on a network
- use the trial version of ClickWork as long as it takes to decide if it meets your needs
- use the trial version of ClickWork for business purposes
You may NOT:
- decompile, disassemble, or reverse engineer any version of ClickWork
Scope of License for the Registered Version
If you have registered and paid, you may also, at no further cost:
- receive technical support
- download and use the latest updates to ClickWork
- download add-ons and products unavailable to non-subscribers
Furthermore you may also:
- register any upgrade at a special upgrade price
You may NOT:
- allow someone else to use your personal License Key(s)
- decompile, disassemble, or reverse engineer any version of ClickWork or
related downloaded programs
Restrictions on Transfer
A trial-version license is personal to you. A registered license is personal to you, the subscriber, if no company name has been filled in. A registered license is owned by the company if a company name has been filled in. If at the same time a registration name has been filled in also, then this person will be regarded a contact person for the company.
Neither the rights hereunder nor any copy of a registered version of ClickWork, may be sold, rented, leased, assigned, distributed, sublicensed, or otherwise transferred to any other person, company or other type of entity, in any media (including electronic media), without the prior written consent of ViaFox. Any transfer in violation of this section will be null and void and will automatically terminate your right to use or possess a registered version of ClickWork.
You must make arrangements to minimize the possibility that any ClickWork License Key is copied by any other person, on any media (including electronic media). When you discover that any License Key is illegally copied by any other person, you are bound to contact Viafox. Viafox can provide new License Keys. Any transfer in violation of this section will be null and void and will automatically terminate your right to use or possess a registered version of ClickWork.
Updates and Upgrades
Updates are minor improvements and modifications. They can be recognized by an increase of the right part of the version number. E.g., going from version 1.1 to 1.2 indicates an update. Updates are free, without any costs, for users who have one or more legal License Keys.
Upgrades are major improvements and modifications. They can be recognized by an increase of the left part of the version number. E.g., going from version 1.2 to 2.0 indicates an upgrade. Any upgrade can be obtained at a special upgrade price by users who have one or more legal License Keys. (License Keys that are obtained to register a certain version can be used to upgrade to any newer version.)
The title, ownership rights, and intellectual property rights in and to ClickWork and its accompanying documentation are owned by ViaFox. Title and related rights to content which may be accessed through ClickWork are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License grants you no rights to use such content. All rights not expressly granted are reserved by ViaFox.
You acknowledge that ClickWork is subject to Dutch export jurisdiction. You agree to comply with all applicable international and national laws that pertain to ClickWork including the Dutch Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the Dutch and other governments.
Warranty and Disclaimer
IN THE REAL WORLD, COMPUTER CONDITIONS CAN BE VERY DIFFERENT FROM WHAT IS ANTICIPATED BY VIAFOX. THE CONSEQUENCE IS THAT, ALTHOUGH MUCH EFFORT HAS BEEN SPENT ON CAREFUL PROGRAMMING, NO WARRANTY CAN BE GIVEN THAT CLICKWORK WILL NEVER CAUSE DATALOSS, SYSTEM HANGS OR OTHER KINDS OF FAILURES. THIS WARRANTY LIMIT IS TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU'RE STRONGLY ADVISED TO MAKE REGULAR BACKUPS AND INFORM VIAFOX WHEN AN ERRONEOUS CONDITION CAUSED BY CLICKWORK COMES TO YOUR ATTENTION. CLICKWORK AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS", WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF CLICKWORK IS BORNE BY YOU. SHOULD CLICKWORK PROVE DEFECTIVE OR OTHERWISE UNSATISFACTORY, YOU ASSUME THE COST OF ANY AND ALL NECESSARY REMEDIES.
ViaFox has no obligation to expend further resources to meet your future requirements. Since you have the opportunity to use the free trial version for a period of infinite duration, and since the trial version essentially offers the same functionality as a registered version, it behooves you establish that ClickWork performs to your satisfaction before you purchase any License Keys for ClickWork. Any statutorily implied warranty shall be deemed to have expired when you elect to terminate the trial period by making a purchase.
High Risk Activities
No fault-tolerance tests have been conducted with regard to ClickWork and it is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). ViaFox specifically disclaims any express or implied warranty of fitness for High Risk Activities. Any such use by you is entirely at your own risk, and you agree to hold ViaFox harmless from any and all claims or losses relating to such unauthorized use.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIAFOX, OR ITS PRINCIPALS OR EMPLOYEES BE LIABLE FOR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER RELATING TO THE USE OR INABILITY TO USE CLICKWORK, THE PROVISION OF OR THE FAILURE TO PROVIDE SUPPORT SERVICES OR UPDATES, OR OTHERWISE IN CONNECTION WITH THIS LICENSE. THIS EXCLUSION FROM LIABILITY FOR DAMAGES INCLUDES BUT IS NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, INCOMPATIBILITY, OR ANY AND ALL LOSSES SUSTAINED BY YOU OR THIRD PARTIES, REGARDLESS OF FAULT, EVEN IF VIAFOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any damages that you might incur for any reason whatsoever (including without limitation all damages referenced above and all direct or general damages), the entire liability of ViaFox under any provision of this License and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for ClickWork, if anything. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
This License Agreement represents the complete agreement concerning this License to use ClickWork and may be amended only by a writing executed by both parties. If any provision of this agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This agreement shall be governed by the Dutch laws, and disputes that lead to court can only be brought to the court in Haarlem, The Netherlands. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.