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End User License Agreement (EULA) for all versions of WireWare Software

[Last Updated: 06/14/2024]

IMPORTANT – PLEASE READ CAREFULLY THE TERMS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”), WHICH CONSTITUTES A BINDING AGREEMENT BETWEEN YOU (OR THE COMPANY YOU REPRESENT) (COLLECTIVELY “YOU” OR “YOUR”) AND PENSA LABS, INC AND ITS AFFILIATES (“PENSA LABS,” “US,” “OUR,” AND/OR “WE”). BY CLICKING ON THE “I AGREE”BUTTON, YOU AGREE TO THE FOLLOWING (THE DATE OF SUCH OCCURRENCE BEING THE “EFFECTIVE DATE”):

 

A. YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, IN ADDITION TO THE PENSA LABS TERMS OF USE (FOUND AT HTTP://WWW.PENSALABS.COM/LEGAL/EULA) AND ANY OTHER SUPPLEMENTAL TERMS AND POLICIES THAT THIS AGREEMENT EXPRESSLY INCORPORATES BY REFERENCE, AND WHICH ARE THEREBY MADE A PART OF THIS AGREEMENT;

 

B. YOU REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY, OR IF ON BEHALF OF A COMPANY ENTERING INTO THIS AGREEMENT, TO BIND THAT COMPANY TO THE TERMS OF THIS AGREEMENT; AND

 

C. YOU ACKNOWLEDGE AND AGREE THAT THE LANGUAGE OF THIS AGREEMENT IS HEREBY EXPRESSLY AGREED TO BE THE ENGLISH LANGUAGE. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY LAW APPLICABLE TO YOU REQUIRING THAT THIS AGREEMENT BE LOCALIZED TO MEET YOUR LANGUAGE OR REQUIRING AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.

 

IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF YOU DO NOT HAVE SUCH AUTHORITY, DO NOT USE THE LICENSED SOFTWARE AND DELETE IT FROM YOUR DEVICE. IF THERE IS A CONFLICT BETWEEN THIS AGREEMENT AND THE PENSA LABS TERMS OF USE (FOUND AT HTTP://WWW.PENSALABS.COM/LEGAL/EULA), THE FOLLOWING TERMS SHALL PREVAIL. 

 

This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Pensa Labs Inc for all versions of Pensa Labs’ WireWare software product and its derivatives, which includes computer software and may include associated media, printed materials, and online or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.

 

  1. License Grant: Pensa Labs Inc grants you a non-exclusive license to use the SOFTWARE PRODUCT. You may install and use one copy of the SOFTWARE PRODUCT on a single computer.

  2. Restriction: You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law. You may not rent, lease, or lend the SOFTWARE PRODUCT.

  3. Ownership: The SOFTWARE PRODUCT is licensed, not sold. This agreement only gives you some rights to use the SOFTWARE PRODUCT. Pensa Labs Inc reserves all other rights.

  4. Updates and Modifications: Pensa Labs Inc reserves the right to provide updates to the SOFTWARE PRODUCT. This EULA applies to such updates unless other terms accompany the updates.

  5. Network Access and Remote Functionality: You are responsible for obtaining and maintaining all network and computer hardware, equipment, and services needed to access and use the SOFTWARE PRODUCT, and paying all charges related thereto.

  6. Open Source Software: The SOFTWARE PRODUCT may contain open source software components which are licensed under terms that are different from this EULA.

  7. Usage Statistics: Pensa Labs Inc may collect and use technical data and related information to facilitate software updates, product support, and other services. This data will not include any personally identifiable information.

  8. Disclaimer of Warranties: The SOFTWARE PRODUCT is provided "as is" without warranty of any kind, either express or implied.

  9. Limitation of Liability: In no event shall Pensa Labs Inc be liable for any special, incidental, indirect, or consequential damages whatsoever.

  10. Termination: Without prejudice to any other rights, Pensa Labs Inc may terminate this EULA if you fail to comply with the terms and conditions.

  11. Governing Law: This EULA is governed by the laws of New York.

  12. Entire Agreement: This EULA constitutes the entire agreement between you and Pensa Labs Inc concerning the SOFTWARE PRODUCT.

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