Firmware EULA - Wavertech

END USER LICENSE AGREEMENT

This License Agreement is a contract between you, as either an individual or a legal representative of an entity and WAVERTECH LTD (“WAVERTECH”).

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING WAVER FIRMWARE. BY CLICKING ON THE “I ACCEPT” BUTTON, OR BY DOWNLOADING, INSTALLING, ACCESSING OR USING WAVER FIRMWARE, YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THIS AGREEMENT. IF YOU DON’T AGREE TO ANY OF THESE TERMS STOP DOWNLOADING, INSTALLING OR USING THIS FIRMWARE.

The WAVER Firmware is copyright-protected material under international and European copyright law.

LEGITIMISATION
You may download, install, access or use the WAVER Firmware, only if you have the legal capacity to enter an agreement according to the applicable laws, and only if you are legitimized to do so. If you are acting as a legal representative or on behalf of an entity, you confirm that you have the legal authority, legitimization, to legally force that entity.

LICENSE
WAVERTECH grants you a personal, limited, non-exclusive, non-transferable, non-assignable, license to use the copy of the WAVER Firmware and any updates or upgrades provided by WAVERTECH and exclusively to be used for the WAVER Device that you acquired legitimately. Notice: WAVER Firmware is licensed not sold to you.

LIMITATIONS
All contents of the WAVER Firmware including without limitation code, user interface, texts, images and video are protected by the international and European intellectual property and trademark law
CONSEQUENTLY YOU ARE NOT ALLOWED TO:

– Use the WAVER Firmware on any device other than the WAVER Device that has been legitimately acquired by you
– License, sublicense, distribute, rent, lend or sale the WAVER Firmware unless written permission by WAVERTECH has been given
– Create derivatives, copy, reproduce, communicate to the public, retransmit, modify or reform WAVER Firmware unless written permission by WAVERTECH has been given
– Remove or modify any WAVERTECH copyright notice, trademark or user interface from the WAVER Firmware or any WAVER Device
– Transcribe, decode, reverse engineer, reverse compile, translate or in any case try to trace and/or copy the source code either the original concept, either the algorithms or the selection or the arrangement of the WAVER Firmware, unless such practices are allowed by the applicable law – inactivate, remove, circumvent, sidestep any system used to protect, limit or control WAVER Firmware
– Use the WAVER Firmware as a medium to violate any third-party rights, any legal provisions national, European or international including, without limitation, any legal provisions to the legal frequency channels operation, Dynamic Frequency Selection requirements and output power
– Make unauthorized use of any documentation or material, digital or printed accompanying the WAVER Firmware
– Create a firmware or software similar to the WAVER Firmware
– Use it for illegal activities
– You assume the responsibility for properly downloading, installing, using and maintaining the WAVER Firmware.

INTELLECTUAL PROPERTY RIGHTS TO SOFTWARE AND TRADEMARK
WAVER Firmware may include software that belongs to a third party and is already licensed to WAVERTECH. Such third party software may be licensed under different licensing methods such as an open source or free license or even a proprietary license. Intellectual property rights of third party software are hold by their respective copyright holders and you are bound to comply with all the terms and conditions required by the relevant licensing method. WAVERTECH does not provide you with any such third party licenses and it is solely your responsibility to obtain all necessary third party software licenses from respective vendors. As far as third party software is concerned, third party licensors own and shall continue to own all right, title, and interest in and to the Software and to associated intellectual property rights under copyright, trade secret, patent, or trademark laws.

WAVERTECH DISCLAIMS ANY WARRANTY RELATED TO THIRD PARTY SOFTWARE
WAVER is a registered European Union trademark. All trademarks, trade names and logos of WAVERTECH are reserved by WAVERTECH and cannot be used unless a prior written permission has been given. This agreement does not grant you any license to use WAVERTECH’s or third party trademarks or logos.

FIRMWARE UPDATES
WAVERTECH reserves the right from time to time to provide bug fixes, corrections, updates, upgrades, support and maintenance to the WAVER Firmware. YOU HEREBY ACKNOWLEDGE TO ANY UPDATES. The updates may be installed automatically installed without your prior notice or consent.

TERM AND TERMINATION
This agreement is effective upon your acceptance of the Agreement, or upon you are downloading, installing, accessing, and using the software, even if you have not expressly accepted this Agreement and will remain in full force and effect so long as you continue to access or use the WAVER Firmware, or until terminated according to this contract. You may terminate this License Agreement at any time by ceasing use of the WAVER Firmware. This Agreement will terminate automatically without notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, in addition to any other remedies it may have at law or in equity. Upon any termination the licenses granted by this Agreement will immediately terminate and you agree to uninstall the WAVER Firmware, and/or to destroy all such materials.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD WAVERTCH AND ITS LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE SHAREHOLDERS, AFFILIATES, DIRECTORS, EMPLOYEES FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND FEES (INCLUDING ATTORNEYS’ FEES) AS A RESULT OF BREACHING THIS AGREEMENT.

CONSENT TO USE DATA
You acknowledge that WAVERTECH may periodically collect and use technical data and related information including but not limited to technical information about your device, system and application software, hardware model, firmware version, device identifiers, device performance information and device operation parameters and peripherals, to facilitate the provision of WAVER Firmware updates, authenticate WAVER products, verify compliance with the terms of this Agreement, and improve WAVER’s products and services. WAVERTECH collects this information in a form that does not personally identify you.

WARRANTY DISCLAIMER
– THE WAVER FIRMWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE EXTENT ALLOWED BY THE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WAVERTECH EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE WAVER FIRMWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE WAVER FIRMWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE WAVER FIRMWARE WILL BE FIXED OR THAT IT WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE WAVER FIRMWARE.
– YOU AGREE THAT YOU WILL NOT USE WAVER FIRMWARE IF IT’S USE OR FAILURE COULD LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE.
– YOU AGREE THAT YOU WILL NOT USE WAVER FIRMWARE TO COLLECT ILLEGALY PERSONAL DATA FROM THIRD PARTIES/USERS. WAVERTECH DICLAIMS IF YOU USE WAVER FIRMWARE TO COLLECT PERSONAL DATA ILLEGALY. YOU ARE SOLELY RESPONSIBLE TO COMPLY WITH THE LEGISLATION OF YOUR JURISDICTION ABOUT DATA PROTECTION, STORAGE AND COLLECTION. IF YOU ARE ESTABLISHED IN THE EUROPEAN UNION YOU SHOULD AT LEAST TAKE ALL MEASURES REQUIRED (SUCH AS TRANSPARENT INFORMATION, COLLECTION, TRANSFER, DISTRIBUTION, USE, OPTIMIZATION, ANALYSIS, DATA PORTABILITY, SECURITY, PROTECTION AUTHORITY OR OTHER REQUIRED NOTIFICATIONS, APPROPRIATE RECTIFICATIONS ETC) IN ORDER TO COMPLY WITH THE DATA PROTECTION REGULATION (EU) 2016/679. YOU MAY NOT COLLECT, STORE, OR ASSIGN THIRD PARTY/USERS’S PERSONAL DATA WITHOUT THEIR PRIOR WRITTEN CONSENT. WAVERTECH DISCLAIMS ANY RESPONSIBILITY FOR COLLECTION OF PERSONAL DATA BY YOU THROUGH THE USE OF THE WAVER FIRMWARE OR THE WAVER DEVICE ITSELF.

DATA
You understand and acknowledge that you are solely responsible for creating backup files of all data or information accessed by, used through or transmitted in the framework of using WAVER Firmware and that WAVERTECH is not responsible or liable for the deletion of or failure to store or process any content. You acknowledge and agree that the WAVER Firmware provided to you under this Agreement may affect the operation of previously installed software or equipment. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the software and accompanying materials.

LIMITATION OF LIABILITY
IN NO EVENT SHALL WAVERTECH BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY DAMAGES DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF GOODWILL OR OTHER SUCH PECUNIARY OR INTANGIBLE LOSS), EVEN IF WAVERTECH HAS BEEN ADVISED, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WAVERTECH’S TOTAL AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER.

CERTAIN LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OR EXCLUSION OF CERTAIN TYPES OF WARRANTIES, DAMAGES, OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

GENERAL TERMS

GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and interpreted in accordance with the laws of European Union and Bulgaria, without regard to the conflicts of law rules thereof. Any action or proceeding arising out of this Agreement shall be brought in the Courts of Bulgaria. To the maximum extent permitted by law, you hereby agree to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts. Under this Agreement the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

SEVERABILITY
If any term or provision, either in part or in full, of this Agreement is declared unenforceable or invalid by any judicial or administrative authority such provision shall be interpreted and enforced to the greatest extent possible or permissible so as to effectuate the original intent of the parties and the remaining provision of the Agreement shall remain in full force and effect.

ASSIGNMENT
Assignment of your rights and obligations under this Agreement is not allowed without WAVERTECH’s written permission. WAVERTECH reserves the right to assign this agreement to any associated company or to any other entity that may acquire the proprietary rights of WAVER Firmware.

NO WAIVER
If any of the contracting parties fails to enforce or exercise this Agreement’s provisions or rights shall not be regarded as waiver of such provisions or rights.