License
License
License
The following terms and conditions are applied to the software entitled ACRYLIC
WIFI HEATMAPS and which copyright owner of Tarlogic Research SL (hereinafter,
TARLOGIC), based in Traves�a de Montouto 1, bajo � ZIP Code 15894, Teo (A Coru�a),
Spain. For any issue regarding the following license the email contact is
info@acrylicwifi.com. This End-User License Agreement (hereinafter, EULA) is a
binding contract between you (either an individual or a single entity) and governed
by the laws of the Kingdom of Spain and the European Union. The Spanish courts have
exclusive jurisdiction for any matter regarding this license.
ACRYLIC WIFI HEATMAPS allows to analyse the coverage and the correct propagation of
your Wi-Fi network signal to improve its performance.
By performing Wi-Fi measurements, the system captures the Wi-Fi traffic and stores
details of the devices, its signal level and other relevant data to make maps with
detailed coverage of each access point and to generate reports automatically with a
diagnosing of the network situation.
It allows the use of planes indoors where there is no GPS coverage so that all the
information is georeferenced.
Acrylic WiFi requires an operating system Windows Vista, Windows 7, Windows 8, 8.1
or 10 with Microsoft.Net 4.5 installed.
Before you download the Software from our website, we will ask you to give your
express agreement to the terms and conditions of this EULA. You further agree that
any person you authorise to use the Software will also be bound by the terms and
conditions of this EULA which includes your employees in the case that you are a
company, university or non-profit organization.
If you do not agree to this EULA, you must not use the software for any purpose
whatsoever.
�Effective Date� means, the date when the Licensee agrees to the terms and
conditions of this EULA, as detailed in the preamble to this EULA;
�EULA� means this end user licence agreement (including the preamble), and any
amendments to it from time to time;
�Licensor� means Tarlogic Research S.L., as the copyright owner of the present
Software.
�Software� means ACRYLIC WIFI HEATMAPS following the application of any Upgrade;
and
�Trial Period�: period of fifteen (15) days during which the Software is tested by
the Licensee for free.
�Paid Version�: version of the Software that have been purchased by the Licensee.
(b) any subordinate legislation made under that statute or statutory provision.
1.3 The Clause headings do not affect the interpretation of this EULA.
2. Term of EULA
This EULA will come into force on the Effective Date where you accept this
conditions and will continue in force for the complete duration of the license
according to the acquisition agreement of the Software, unless and until terminated
as result as a breach of this license terms.
3. License
3.1 The Licensee may only use the Software and Documentation for the Licensee�s
business, internal business or own private and non-commercial purposes and in
accordance with the provisions of this Clause.
3.2 Subject to the payment by the Licensee of the relevant charges and fees in
respect of the Software licence, and the Licensee�s compliance with Clause and the
other provisions of this EULA, the Licensor grants to the Licensee a non-exclusive
non-transferable licence to:
(a) download one instance of the Software and its Documentation per license;
(b) install one instance of the Software and Documentation per license;
(c) use one instance of the Software in accordance with the Documentation; and
(d) use one instance of the Documentation on a dispositive or computer anywhere
in the world.
3.3 This license is applicable in three cases: if you choose to start with a free
Trial Period of fifteen (15) days, if after finishing this Trial Period you
purchase the Software ,or if you buy the Software directly without the Trial
Period option.
3.4 During the Trial Period the Software works completely and with all its
functionalities, being the only difference with the Paid Version, that in the
interface will be visible several watermarks that indicate you are using a Trial
Version.
4. License Restrictions
You shall not (and shall not allow any third party to):
(b) distribute, redistribute sell, sublicense, rent, lease or use the Software,
Media Elements or Sample Code (or any portion thereof) for time sharing, hosting,
service provider or like purposes, except as expressly permitted under this
Agreement;
(d) modify any part of the Software, Media Elements or Sample Code, create a
derivative work of any part of the Software, Media Elements, or Sample Code or
incorporate the Software, Media Elements or Sample Code into or with other
software, except to the extent expressly authorized in writing by TARLOGIC;
(f) utilize any equipment, device, software, or other means designed to circumvent
or remove any form of Product Key or copy protection used by TARLOGIC in connection
with the Software, or use the Software together with any authorization code,
Product Key, serial number, or other copy protection device not supplied by
TARLOGIC or through an Authorized Partner;
(g) use the Software to develop a product which is competitive with any TARLOGIC
product offerings; or
(i) the Software devolution or return, due to the fact that there are evaluation
versions available to the Public.
5. Ownership.
Notwithstanding anything to the contrary contained herein, except for the limited
license rights expressly provided herein, TARLOGIC and its suppliers have and will
retain all rights, title and interest (including, without limitation, all patent,
copyright, trademark, trade secret and other intellectual property rights) in and
to the Software, Sample Code, Media Elements, and all copies, modifications and
derivative works thereof (including any changes which incorporate any of your
ideas, feedback or suggestions). You acknowledge that you are obtaining only a
limited license right to the Software, Sample Code, Media Elements and that
irrespective of any use of the words �purchase�, �sale� or like terms hereunder no
ownership rights are being conveyed to you under this Agreement or otherwise.
Subject to the terms and conditions of this Agreement, and the applicable ordering
document, you may purchase support and maintenance services according to the
specific conditions established by the pertinent acquisition Agreement chosen by
you at the moment of buying the Software.
7. Payment.
You shall pay all fees associated with the Software licensed and any services
purchased hereunder as set forth in the applicable Invoice or at the time of
purchase. All payments shall be made at moment that you acquire the definitive
Software. Except as expressly set forth herein, all fees are non-refundable
once paid. You shall be responsible for all taxes, withholdings, duties and levies
arising from the order (excluding taxes based on the net income of TARLOGIC).
If you have chosen an initial trial period, in this case the payment will be made
when this Trial Period has finished and you want to acquire the Paid Version of the
Software.
8. Term of Agreement.
8.1 Term.
This Agreement is effective as of the Delivery of the Software and expires at such
time as all license and service subscriptions hereunder have expired in accordance
with their own terms (the �Term�). For clarification, the term of your license
under this Agreement may be perpetual, limited for Evaluation Version, or
designated as a fixed-term license in the Invoice or by an Authorized Partner, and
shall be specified at your time of purchase. Either party may terminate this
Agreement (including all related Invoices) if the other party: (a) fails to cure
any material breach of this Agreement within thirty (30) days after written notice
of such breach, provided that TARLOGIC may terminate this Agreement immediately
upon any breach of Section 4 (License Restrictions) (b) ceases operation without a
successor; or (c) seeks protection under any bankruptcy, receivership, trust deed,
creditors arrangement, composition or comparable proceeding, or if any such
proceeding is instituted against such party (and not dismissed within sixty (60)
days). Termination is not an exclusive remedy and the exercise by either party of
any remedy under this Agreement will be without prejudice to any other remedies it
may have under this Agreement, by law, or otherwise.
I hereby agree that my personal data - name and e-mail address - may be used by
TARLOGIC for sending me consumer information which may interest me.
Your personal data will not be issued to third parties that are not TARLOGIC
partners.
You are legally entitled to access, correct, delete and, if applicable, oppose the
processing of your personal data and you may exercise such rights by sending a
email request to TARLOGIC (Acrylic WiFi Customer Service Department) at the
following address: support@acrylicwifi.com
8.2 Termination.
Upon any expiration or termination of this Agreement, you shall cease any and all
use of any Software and destroy all copies thereof and so certify to TARLOGIC in
writing. TARLOGIC may audit the copies of the Software licensed by you to assure
compliance with this Agreement. If such audit discloses that you have not ceased
using the Software, then you shall be liable for the reasonable costs of the audit
in addition to any other fees, damages and penalties TARLOGIC may be entitled to
under this Agreement and applicable law.
TARLOGIC warrants to you that for a period of thirty (30) days from the effective
access to the Software (the �Warranty Period�) conformity with the Documentation,
does not warrant that your use of the Software will be uninterrupted or error-free
or that any security mechanisms implemented by the Software will not have inherent
limitations. TARLOGIC�s sole liability (and your exclusive remedy) for any breach
of this warranty shall be, in TARLOGIC�s sole discretion, to use commercially
reasonable efforts to provide you with an error-correction or work-around which
corrects the reported non-conformity, or if TARLOGIC determines such remedies to be
impracticable within a reasonable period of time, to refund the license fee paid
for the applicable Software. TARLOGIC shall have no obligation with respect to a
warranty claim unless notified of such claim within the Warranty Period.
If you have had access to the Software by the Trial version, this thirty (days)
period, the Warranty Period corresponds with this mentioned term.
9.2 Exclusions.
The above warranty shall not apply: (i) if the Software is used with hardware or
software not specified in the Documentation; (ii) if any modifications are made to
the Software by you or any third party; (iii) to defects in the Software due to
accident, abuse or improper use by you; or (iv) to any Evaluation Version or other
Software provided on a no charge or evaluation basis.
This section 9 is a limited warranty and, except as expressly set forth in this
section 9, the software and all services are provided �as is�. Neither TARLOGIC nor
its suppliers makes any other warranties, conditions or undertakings, express or
implied, statutory or otherwise, including but not limited to warranties of title,
merchantability, and fitness for a particular purpose or non-infringement. You may
have other statutory rights. However, to the full extent permitted by law, the
duration of statutorily required warranties, if any, shall be limited to the
limited warranty period. Particularly:
(a) TARLOGIC shall not be liable of any loss of use, lost data, failure of
security mechanisms, interruption of business, or any indirect, special, incidental
or consequential damages of any kind; or any other damage generated by the Software
use.
(b) The data recompilation and treatment, particularly the personal data, and its
legal compliance with the applicable law are the user exclusive responsibility.
Particularly, any information regarding Wi-Fi networks traffic that can be captured
in a file shall always comply with the applicable law.
(c) During the Trial Period, TARLOGIC with not be liable for any incidence of any
kind, derived directly or indirectly from the Software use.