This End User License Agreement (“Agreement”) is a legal and binding agreement between you as an individual, entity, company, or user (“You”) and Wise Education Systems, Inc. (“Licensor”). Please read it carefully. This Agreement relates to your use of the Wise software platform (“Services”). By installing and or using this software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to any term or condition herein, you may not install, run, or use this software. Wise takes student attendance and provides information and features that are intended to assist students, teachers, and school administrators achieve an overall better educational performance. We provide attendance data and analytics to students as well as the administration and professors to help improve classes and the overall quality of education at your school. Wise also provides students with their synchronized className schedule and reminders about className times and locations. In order to provide these benefits, Wise requires access to certain data and device permissions from students and other users in order to effectively take attendance and provide student support.
Licensor hereby grants to You a personal, non-exclusive, license, without the right to sublicense, to use the application, installation, utility, system, upgrade or other software accompanying this license, whether on disk, in read only memory, or on any other media (the “Software”), the related documentation and materials. The Software is licensed for use in object code form only, for your internal use by a single user at a time and only in accordance with the accompanying end user documentation. The Software is licensed, not sold, to You by Licensor. Licensor retains title to the Software and to any copies which this license authorizes You to make. You acknowledge that Licensor retains all other ownership rights connected with the Software, including, without limitation, all copyrights, trademark rights, and all other intellectual property rights. You agree to refrain from any action which would diminish such rights or would call them into question. You agree that this Agreement shall apply to any software provided to you by Licensor or Licensor’s representative as replacement or upgrade software to substitute for or to be used in conjunction with the software accompanying this Agreement.
This license allows You to install and use the Software on the qualified devices. Except as permitted by applicable law and this Agreement, You may not (nor shall you permit anyone else to) directly or indirectly: (i) copy (except as expressly set forth above), modify, or distribute the Software or any portion thereof; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software or any portion thereof (except where the foregoing is permitted by applicable local law, and then only to the extent so permitted); (iii) rent, lease, or use the Software or any portion thereof for timesharing or service bureau purposes, or otherwise use or allow the use of the Software or any portion thereof on behalf of any third party; (iv) remove or obscure any proprietary notices on the Software; (v) post or otherwise make available the Software, or any portion thereof, in any form, on the Internet or other publicly-available forum; (vi) distribute copies of the Software to others (electronically or otherwise); (vii) unless specifically licensed by Licensor to do so, use a previous version of the Software after You receive a new version and You are required to discontinue using the previous version; (viii) export or re-export the Software in violation of any laws or regulations; (ix) unless specifically licensed by Licensor to do so, (excepting the Licensed Environment) make any single copy of the Software available for use by multiple users over any network or from any remote workstation or terminal; or (ix) unless specifically licensed by Licensor to do so, allow the Software to exist on more than one computer system or server at a time. You are responsible for all fees and costs associated with the copying and installation of the Software. As a specific condition of this Agreement, You agree to use the Software in compliance with all applicable laws, including without limitation copyright laws, and that You will not copy, transmit, perform or distribute any audio, video or other content using the Software without obtaining all necessary licenses or permissions from the owner of the content. Your rights under this Agreement will terminate automatically without notice from Licensor if You fail to comply with any term(s) of this Agreement or if Licensor does not receive payment in full for the Software.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY, CONDITIONS OR REPRESENTATION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
To the extent that any third party’s intellectual property is incorporated within the Software, You agree that such third party is a third-party beneficiary of the terms of this EULA to the extent of the third party’s license to Licensor, and that You will not use any such third party’s intellectual property for any purpose other than the promotion of Licensor’s products or the process of learning to use the Software.
You are free to stop using our services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you are not complying with this Agreement, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others’ use of the Services. We reserve the right to terminate and delete your account if you haven’t accessed our Services for twelve (12) consecutive months. We will provide you with notice via the email address associated with your account before we do so.
This Agreement shall be governed by the laws of the United States and the State of California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Licensor.
© Copyright 2023 Wise Education Systems, Inc. or its subsidiaries.