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LIMITED WARRANTY
Wessa.Net warrants that:
 | the Application Software will
perform substantially in accordance with the
accompanying written materials for an average of twenty (20)
days/month from the date of receipt of the Wessa.Net Account | |
| any Support Services provided by
Wessa.Net shall be substantially as described in
applicable published materials provided to you by Wessa.Net in
this website, and Wessa.Net support engineers will make
reasonable efforts to solve any problem. | |
| any fees that are charged apply to
hosting services (shared harddisk, cpu, and bandwidth). There are no
charges for the use of the Application Software: the
academic versions of the Application Software
are always free of charge. | |
To the extent allowed by applicable
law, implied warranties on the Wessa.Net Application Software, if any,
are limited to ninety (90) days. Some states/countries/jurisdictions do
not allow limitations on duration of an implied warranty, so the above
limitation may not apply to you.
Wessa.Net's and its suppliers' entire
liability and your exclusive remedy shall be, at Wessa.Net's option,
either:
| return of the
price paid for the Wessa.Net Account, if any | |
| repair
of the Wessa.Net software that does not
meet Wessa.Net's Limited Warranty. | |
This Limited Warranty is void if
failure of the Wessa.Net Applications Software has resulted from
accident, abuse, hacking practices, Internet-related problems, or
misapplication. Product support services offered by Wessa.Net are never
available without proof of purchase of a Wessa.Net Account from an
authorized source.
NO OTHER
WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
WESSA.NET AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE
SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHERS, WHICH VARY FROM STATE/COUNTRY/JURISDICTION TO
STATE/COUNTRY/JURISDICTION.
LIMITATION OF
LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL WESSA.NET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE
FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WESSA.NET HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WESSA.NET'S ENTIRE
LIABILITY UNDER ANY PROVISION OF THE LICENSE AGREEMENT SHALL BE LIMITED
TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE WESSA.NET
ACCOUNT OR U.S.$5.00. BECAUSE SOME STATES/COUNTRIES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY:
This User License Agreement ("ULA") is
a legal agreement (contract) between:
| you (either an individual, an
academic institution, an organization, or a single entity) and | |
| Wessa.Net for the software
product(s) provided in Web-enabled scientific services & applications
(Wessa.Net), which include(s) computer software and "online" or
electronic documentation, associated media, and printed materials. | |
By using Wessa.Net (including all
contained applications; Scientific Forecasting, Stock Exchange
Simulator, Statistics Calculator, etc...) or any UPDATES (as defined
below), you agree to be bound by the terms of this ULA. If you do not
agree to the terms of this ULA, do not use Wessa.Net (Applications) nor
apply for an Account. In addition, by using any updates or other
components of Wessa.Net that you “receive” (in the form of extended
Account rights) separately as part of Wessa.Net ("UPDATES"), you agree
to be bound by any additional license terms that accompany such UPDATES.
If you do not agree to the additional license terms that accompany such
UPDATES, you may not use such UPDATES.
Only legitimate Wessa.Net Account
holders are entitled to use the Software products (Online Services &
Applications).
Scientific Forecasting, Statistics
Calculator, and all other Wessa.Net Applications:
| are protected
by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. | |
| are licensed,
not sold. Note: the actual software license is free of charge -
only private hosting services (called 'workspaces') may be charged. | |
NOTE: The terms of electronic ULAs
which you may have received (by e-mail) supersede the terms of any
on-screen ULA found within our website.
1. LICENSE TO USE SOFTWARE PRODUCT
1 License Grant
Wessa.Net grants to you as an
individual, a personal, nonexclusive license
to use Wessa.Net Applications for the sole purpose of:
| performing statistical analysis
(Scientific Forecasting, Distribution Simulator, and Statistics
Calculator) in the context of academic research or education. You must
not use any Wessa.Net application or service to build new applications
(wrapping), and you must not charge money for providing their
functionality to others. | |
| playing with simulation software,
for the sole purpose of recreational, non-commercial, education and
entertainment (Xycoon Strategy). Note: a special license grant applies
to Stock Exchange Simulator which is available upon request. | |
You may use Wessa.Net Applications on
an unlimited number of computers provided that you are the only
individual using it. If you are an entity, Wessa.Net grants you the
right to designate one individual within your organization to have the
sole right to use Wessa.Net Applications in the manner provided above.
2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS
Wessa.Net Applications and all of its
Components are Not For Resale (this also
applies to Online Accounts). You may not rent, lease or lend Wessa.Net
Accounts. This ULA does not grant you any rights in connection with any
trademarks or service marks of Wessa.Net. We may provide you with
support services related to Online Applications ("Support Services").
Without prejudice to any other rights, Wessa.Net may terminate this ULA
if you fail to comply with the terms and conditions of this ULA.
3. COPYRIGHT
All title and
intellectual property rights in and to Online Applications
(including but not limited to any images, photographs, animations,
video, audio, music, and text that is incorporated), the accompanying
printed materials, and any copies (or backups) are owned by Wessa.Net or
its suppliers. All title and intellectual property rights in and to the
content which may be accessed through use of Wessa.Net Online
Applications is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws
and treaties. This ULA grants you no rights to use such content. All
rights not expressly granted are reserved.
4. TERMS OF USE
The website
is an intellectual and physical property of Wessa.Net and its owners.
The free use of the scientific content in this website is granted
for non commercial use only. In any case,
the source (url) should always be clearly displayed. Under no
circumstances are you allowed to reproduce, copy or redistribute the
design, layout, or any content of this website (for commercial use)
including any materials contained herein without the express written
permission of Wessa.Net.
Information
provided on this web site is provided "AS IS" without warranty of any
kind, either express or implied, including, without limitation,
warranties of merchantability, fitness for a particular purpose, and
noninfringement. Wessa.Net uses reasonable efforts to include accurate
and timely information and periodically updates the information without
notice. However, Wessa.Net makes no warranties
or representations as to the accuracy or completeness of such
information, and it assumes no liability or responsibility for errors or
omissions in the content of this web site. Your use of this web site is
AT YOUR OWN RISK. Under no circumstances and under no legal theory shall
Wessa.Net be liable to you or any other person for any direct, indirect,
special, incidental, exemplary, or consequential damages arising from
your access to, or use of, this web site.
4. DISCLAIMER
All Wessa.Net users must be ware of
(and accept) the Limited Warranty warning, and the Privacy Policy.
Privacy Policy
Wessa.Net may request
personal information to be submitted to its
servers in order to be able to:
|
personalize online software applications according to your
needs. | |
|
enforce strict
security rules with respect to the data
that you upload (e.g. statistical data). | |
|
manage user sessions of online applications | |
|
alert you about
important changes or upgrades in Wessa.Net applications. | |
Wessa.Net NEVER allows other companies to
directly offer registered users information about their products and
services. Banner references and hyperlinks of third parties NEVER
contain any personal data of the visitor.
Wessa.Net does NOT sell, nor transmit by
any means, personal information, nor statistical data series uploaded by
you to third parties.
We carefully protect
your data from loss, misuse, unauthorized
access or disclosure, alteration, and destruction. This does not apply
to any statistical data series (such as time series) that has been
uploaded in a public workspace. Statistical data series in private
workspaces are protected against loss, misuse, unauthorized access or
disclosure, alteration, and destruction caused by unauthorized
individuals. However, at any time, and under any circumstance you are
solely responsible for managing your passwords, and keeping them secret.
Your personal data is NEVER stored in the
form of Cookies (not even temporarily).
Wessa.Net is safe.
There is no need to download any software to use Wessa.Net's
applications and services. Hence, your system's security is not
compromised by the use of Wessa.Net, and your personal data - other than
data you submit in the account application form, and the user-agent
information that is transmitted by your browser - is never transmitted
to our servers.
As a general rule,
Wessa.Net does not log on-line behavior of
individuals (other than normal logging of webserver 'hits').
However, in cases of abuse, hacking, unauthorized access, Denial of
Service attacks, or any other harmful behavior, Wessa.Net system
engineers are empowered to log, track, identify, publish, and ban
misbehaving individuals - even if this leads to ban entire blocks of IP
addresses, or disclosing user's identity.
Wessa.Net wants to help guard your
children's privacy. Wessa.Net rated with ICRA. Hereby we help to protect
children while protecting free speech on the Internet (see
www.icra.org). |
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