ENWIZE T.W Ltd. (“ENWIZE”)

WIZRD – End User License Agreement for Pilot 

INSTALLING, ACCESSING, OR OTHERWISE USING THE SOFTWARE (defined below) IS SUBJECT TO THE PROVISIONS OF THIS END USER LICENSE AGREEMENT (“Agreement” or “EULA”). PLEASE READ IT CARFULLY BEFORE YOU CONDUCT ANY ACT OF CONSENT TO THE AGREEMENT.

BY INSTALLING (OR ENABLE INSTALLATION), ACCESSING OR OTHERWISE USING THE SOFTWARE OR ANY PART OF IT YOU, INDIVIDUALLY AND ON BEHALF OF THE ENTITY AGREED WITH ENWIZE TO CONDUCT A PILOT, SIGNIFY YOUR CONSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR ANY PART OF IT YOU MUST NEITHER INSTALL NOR ACCESS OR USE THE SOFTWARE OR ANY PART OF IT.

  1. Definitions
    1. Documentation” means any and all user manuals, operating manuals, technical manuals, handbooks, installation guides, instructions, specifications, functionality descriptions, demos, in any form or media (including videos), relating to the Software whether embedded within the Software or whether separately provided.
    2. End Devices” – tablets, laptops, smartphones, and other smart devices that: (1) enable remote cellular connectivity and (2) complies with the specifications for use of the client side of the Software (”Client Side”) by Your users as set in the Documentation or as otherwise instructed by ENWIZE.
    3. Intellectual Property Rights” means all and any copyright, trade marks or names (registered or unregistered), trade mark applications, patents, patent applications, registered designs, registered design applications, design right, database right, right in or to an Internet domain name, semi-conductor topography right, know-how, secret processes, formulae, or any other form or analogous intellectual or industrial property right arising at any time anywhere in the world whether registered or not.
    4. License Term” means 60 days or longer period if set so in the Pilot Arrangement or otherwise agreed in writing by You and Enwize.
    5. Model” means three dimensional technical and/or operation guide included in the Software.
    6. Pilot Arrangement” means a written (in paper or electronic) arrangement between you and ENWIZE to conduct a pilot for the use of the Software by You.
    7. Working Days and Hours” means Sunday to Thursday from 9:00 AM until 17:00 PM, excluding holidays and national holidays and on intermediate days of holidays from 9:00 AM until 13:00 PM.
    8. The “Software” means ENWIZE’S WIZRD software – advanced technical and operation guidance software, including Documentation Models, updates upgrades and any derivative of the foregoing.
    9. You” means: you, the entity which entered into a Pilot Arrangement with ENWIZE (that you act on its behalf) and any and all users of the Software of such entity.

  • License
    1. Subject to Your compliance with the terms of this Agreement ENWIZE hereby grants You for the License Term, free of charge, a personal, limited, non-exclusive, non-assignable, non-transferable, and non-sublicensable license to install (up to the maximum number of end devices for the client side of the Software as specified below) and use the Software for its intended purpose as detailed and in accordance with the Pilot Arrangement the Documentation and the provisions of this Agreement.
    2. Accessing and Use of the Software. Except as explicitly set in the Pilot Arrangement You are solely responsible for acquiring and maintaining all equipment, hardware, firmware, communication channels and means and any other resources required for the use of the Software.
    3. Prohibited Acts. Except to the extent expressly permitted in this Agreement or mandated under mandatory applicable law, You shall not, and shall not permit enable or encourage any third party to copy lease, lend, rent, sublicense, or share Your use rights under this Agreement, modify, alter, adapt, arrange, translate, create derivative works, decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code, non-literal aspects or the confidential information embedded in the Software.
    4. Besides the permitted use expressly stated within this Agreement You may not make any other use, and such forbidden use or attempt of such forbidden use will automatically terminate you use rights under this Agreement.
    5. Open Source components. The Software may include third party open source components that are subject to their applicable licenses. On such a case Enwize shall provide a list of such components and their applicable licenses in the Software and or within the Documentation, and in case the terms of such licenses shall conflict with the terms of this Agreement, the terms of such licenses shall prevail, but solely in relation with such third party open source component.
  • Installation
    1. Unless otherwise agreed, ENWIZE will provide You an online secure access to the necessary installation files for the installment of the Software for the server side and the client side (i.e. for installation on End Devices).
    2. During Working Days and Hours ENWIZE shall assist and support You with initial installation process.
    3. Unless otherwise agreed You shall install the Software within 3 Working Days from the receipt of access to the installation files.
    4. Unless otherwise agreed in the Pilot Arrangement You may install the client side of the Software on up to 5 end devices.
  • Training
    1. Upon installation of the Software ENWIZE shall provide remote training as set in the Pilot Arrangement.
  • Support and MaintenanceENWIZE shall provide You during Working Days and Hours support and maintenance services as follow:
    1. Maintenance services shall include corrections of bugs found in the Software.
    2. Support services shall include assistance in use and operation of the Software.
    3. Maintenance and support services shall be provided by remote communication means (unless ENWIZE shall notify otherwise at its sole discretion – by telephone and e-mail).
    4. Maintenance and Support requests must be submitted by email with enough details to enable ENWIZE staff to provide efficient services.
    5. ENWIZE will make commercially reasonable efforts to respond to support and maintenance requests within two Working Days of receipt of such requests, and within one Working Day in case of severe malfunctions (complete inability to run the Software).
    6. ENWIZE may from time to time make bug fixes, corrections and revisions of the version of the Software licensed to You at no cost. Such Updates will be supplied according to ENWIZES’ then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Software. Notwithstanding the aforementioned, some versions of the Software will require Your installation of the Updates.
  • Limited Warranty and Disclaimer of any other Warranties
    1. ENWIZE warrants to You that the Software will materially perform the functions described in the Documentation. ENWIZE does not warrant that the Software will operate uninterrupted or that it will be free from any bugs or errors. Upon receipt of notice on any malfunction of the Software, ENWIZE shall at its sole discretion either: (1) subject to section 6.2 attempt to correct bugs that are found in the Software causing the malfunction (“bug” or “error” – any discrepancy between the Documentation and actual performance of the Software, not caused by external cause) or work around, or (2) terminate this Agreement. The foregoing sets ENWIZE’S exclusive and complete warranty to You in relation to the Software including the inability to use it and the Pilot Arrangement.
    2. Exceptions to the Warranty.
      ENWIZE’s limited warranty as set in section 6.1 above shall not apply in any of the following:

      1. Malfunction caused by (directly or indirectly) or due to any external cause.
      2. Malfunction caused as a result of misuse, abuse, neglect, negligence, or unauthorized repair or modification of the Software.
      3. Refusal to install bug fix or work around patch.
      4. The use of the Software other than in accordance with the Documentation and this Agreement.
      5. Any alteration or modification of the Software not authorized by ENWIZE.
      6. Bugs that do not adversely affect the ability of the Software to perform its usual designated function.
    3. EXCEPT TO THE EXTENT PROVIDED OTHERWISE IN THIS SECTION, THE SOFTWARE AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMED. ENWIZE DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, COMPLETENESS, OR QUALITY OF THE SOFTWARE, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. YOUR USE OF AND RELIANCE UPON THE SOFTWARE AND ANY RESULTS THEREOF IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND ENWIZE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER IN CONNECTION WITH ANY OF THE FOREGOING.
  • Limitation of LiabilityIN NO EVENT WILL ENWIZE BE LIABLE (IN CONTRACT, TORT OR ANY OTHER LAW) IN CONNECTION WITH THIS AGREEMENT FOR ANY DAMAGE OR LOSS INCLUDING WITHOUT LIMITING FOR: (A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR (D) COSTS, EXPANCES, OR INCONVEINACE, INCURED WITH RESPECT TO USAGE OF THE SOFTWARE (INCLUDING THE INABILITY TO USE THE SOFTWARE). THE SOLE LIABILITY OF ENWIZE WILL BE TO COMPLY WITH SECTION 6.1.
  • Participating in pilot costs.
    1. Unless otherwise agreed in the Pilot Arrangement, you will participate in the Pilot’s costs as set in the Pilot Arrangement.
  • Intellectual Property
    1. All Intellectual Property Rights in the Software and Documentation, and each part thereof are and shall remain exclusive property of ENWIZE.
    2. You are not allowed to remove or alter any notices of intellectual Property Rights including trademarks, tradenames, logos or hyperlinks, from the Software, the Documentation or any part thereof.
    3. In addition to and without derogating from other provision of this Agreement You shall not modify, add to, transfer, copy, adapt, translate, create derivative work of, reverse engineer, decompile or disassemble the Software.
    4. Enwize shall defend, indemnify and hold you harmless from and against all claims arising or resulting from or in connection with any allegation that the use of the Software during the License Term and in accordance with the provisions of this Agreement, constitutes an infringement of any Intellectual Property Rights of such third party, except for claims under patents and patent applications.
    5. The indemnity set forth in this section shall not apply unless you:
      1. Give ENWIZE prompt notice of any such claim and permits ENWIZE, through counsel of ENWIZE’S choice to defend the claim, and
      2. Reasonably co-operate with Enwize with respect to the defense of such claim.
      3. Enable ENWIZE to replace infringing parts of the Software.
      4. ENWIZE shall not be responsible for any settlement made by you without ENWIZE’S prior written consent.
      5. ENWIZE shall have no liability under this clause to the extent that the claim arises from one or more of the causes identified in clauses 8.1-.8.4.
      6. In case ENWIZE cannot (at its sole discretion) settle the claim, Enwize will have the right to terminate this Agreement.
  • Termination
    1. Each party may end this Agreement by giving the other party 7 days prior written notice.
    2. Upon termination You must irreversibly erase all copies of the Software and provide ENWIZE with written approval of compliance with the foregoing within 3 Working Days.
    3. To avoid doubt termination shall not end obligations that by their nature last beyond term of this Agreement such as sections 8, 11 and 12.
  • Suspension
  • If ENWIZE believes that you are using the Software in a manner that may cause harm to ENWIZE or any third party then ENWIZE may, without derogating from ENWIZE’s right to terminate this Agreement with or without a cause, suspend your access to and use of the Software until such time as ENWIZE believes the threat of harm, or actual harm, has passed.

  • Governing law and jurisdiction
    This Agreement including any related matters shall be exclusively governed by, and construed in accordance with, the laws of the State of Israel, without giving effect to conflicts of laws principles and competent courts in Tel Aviv district will have exclusive jurisdiction on any of the foregoing.
  • Miscellaneous
    1. Entire Agreement. This Agreement and the Pilot Arrangement represents the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous oral or written understandings and statements by the Parties with respect to such subject matter. In entering into this Agreement, neither Party is relying on any representation not expressly specified in this Agreement. This Agreement may only be amended by a written instrument duly signed by each Party.
    2. This Agreement (whether in whole or in part): (a) may not be assigned by You without the prior express written consent of ENWIZE; and (b) may be assigned by ENWIZE, without obligation or restriction. Any prohibited assignment will be null and void. Subject to the foregoing this Agreement will bind and benefit each Party and its respective successors and assigns.
    3. Nothing in this Agreement shall create a partnership, joint venture, agency, or employment relationship between the Parties. Neither party may make, or undertake, any commitments or obligations on behalf of the other.
    4. If any provision in this Agreement is deemed to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
    5. Force Majeure. Neither Party will be liable for failure or delay in performance of any of its obligations under or in connection with this Agreement arising out of any event or circumstance beyond that Party’s reasonable control, including without limitation an Act of God, fire, flood, pandemic, lightning, war, revolution, act of terrorism, riot, civil commotion, adverse weather condition, adverse traffic condition, strike, lock-out or other industrial action, and failure of supply of power, fuel, transport, equipment, raw materials, or other goods or services.
    6. No failure or delay on the part of either Party in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing, duly signed by the waiving Party, and will be valid only in the specific instance in which given.
    7. All notices shall be in writing.
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    ENWIZE T.W Ltd. (“ENWIZE”)

    WIZRD – Appendix to End User License Agreement –

    List of Third Parties Open-Source Components

    The Software includes the following OS components and their applicable licenses including copyright notices:

     

    websocket-sharp

    The MIT License (MIT)

    Copyright (c) 2010-2018 sta.blockhead

     

    Permission is hereby granted, free of charge, to any person obtaining a copy

    of this software and associated documentation files (the “Software”), to deal

    in the Software without restriction, including without limitation the rights

    to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

    copies of the Software, and to permit persons to whom the Software is

    furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in

    all copies or substantial portions of the Software.

     

    THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    =============================================================

     

    Full Serializer

    The MIT License (MIT)

    Copyright (c) 2014 Jacob Dufault

     

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal  in the Software without restriction, including without limitation the rights  to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

    copies of the Software, and to permit persons to whom the Software is  furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in

    all copies or substantial portions of the Software.

     

    THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    =============================================================

     

    MiniJSON

    Copyright (c) 2013 Calvin Rien

     

    Based on the JSON parser by Patrick van Bergen

    http://techblog.procurios.nl/k/618/news/view/14605/14863/How-do-I-write-my-own-parser-for-JSON.html

     

    Simplified it so that it doesn’t throw exceptions and can be used in Unity iPhone with maximum code stripping.

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including

    without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to

    the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

     

    THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,

    EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF

    MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

    IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY

    CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,

    TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE

    SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    =============================================================

    UnityIngameDebugConsole

    The MIT License (MIT)

    Copyright (c) 2016 Süleyman Yasir KULA

     

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

    copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all

    copies or substantial portions of the Software.

     

    THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

     

    ==================================================================

    Mono Cecil (jbevain/cecil)

    MIT

    Copyright (c) 2008 – 2015 Jb Evain

    Copyright (c) 2008 – 2011 Novell, Inc.

     

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including

    without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to

    the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

     

    THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,

    EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF

    MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

    NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE

    LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION

    OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION

    WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    ==================================================================

    QuickOutline

    Copyright (c) 2018 Chris Nolet

     

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do

    so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

     

    THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.