FileWave End User License Agreement

FileWave End User License Agreement

This is a license agreement for FileWave ™ products. Please read it before loading or using the software.

This document is a binding agreement between COMPANY and FileWave (USA), Inc. if you install the Software in North America, Central America or South America .

 

By accepting this license via signature, or by clicking on the box indicating acceptance of the online agreement for license, or by using the service to access it free of charge, you agree to the terms of this license.  If the Software is installed or used for a particular company or other legal entity, the individual accepting this license has the authority to bind that legal entity and its affiliates to this Agreement.  In that case, the phrase “you” shall mean the legal entity and its affiliates.

 

If you do not have that permission or do not agree to the terms of this license, do not download, do not open the installer package, and do not use the software. Please return it to the acquisition destination. You may be able to get a refund. Also, please delete all electronic copies of this software and documents that you have downloaded.

 

The terms of this license supersede any conflicting terms in the purchase order.

FileWave ™ software is distributed in two portfolio editions:

Enterprise Edition (EE)

Education Edition (EDU)

 

The “Software” licensed to you by us is specified in the confirmation issued by us to confirm receipt of the purchase order for this product (the “confirmation”)  and/or direct payment, the quote accepted and the subsequent product confirmation. It is a component that has been licensed.

 

  1. “Enterprise Edition” 

 

a.) FileWave ™ Client (Unix daemon or Windows service) and any ancillary features

  • FileWave ™ Client (for macOS): “fwcld”
  • FileWave ™ Client (for Windows): “fwcld.exe”
  • FileWave ™ Client (for Linux): “fwcld”
  1. The software listed in a.) will be duplicated and distributed as a single package for concurrent use at the local site with the maximum number of users specified in the “Portfolio Edition” of the confirmation.

b.) FileWave ™ Mobile Client (iOS or Android) and any accompanying features

  • FileWave ™ Client Google Android: “FileWaveClient- <applicable version> .apk” (ie “FileWaveClient-10.1.0.apk”)
  • FileWave ™ Client (for Apple iOS): “App Portal <applicable version> .ipa” (ie “App Portal 10.1.0.ipa”)
  1. ) The software listed in) will be duplicated and distributed as a single package for concurrent use at the local site with the maximum number of users specified in the “Portfolio Edition” of the confirmation.

c.) FileWave ™ Administrator and all functions ・

  • ) FileWave ™ Administrator (for macOS): “FileWave Super Prefs Editor.app”, “FileWave Admin.app”, “FileWave Client Monitor.app”
  • ) FileWave ™ Administrator (for Windows), “FileWave Super Prefs Editor.exe”, “FileWaveAdmin.exe”, “FileWaveClientMonitor.exe”
  1. The software listed in c. (1-2) will be distributed and used according to the number of license managers specified in the “Portfolio Edition” of the purchase order submitted to us for the license of this product. Shall be. Each copy specified in the purchase order shall be distributed and used together as one package on one computer in one location and shall reside only in the memory of one computer at a time. will do. ..

d.) FileWave ™ Server (SQL-Lite and PostgreSQL databases) and any ancillary features

  • ) FileWave ™ Server (for macOS): “fwxserver”
  • ) FileWave ™ Server (for Windows): “fwxserver.exe”
  • ) FileWave ™ Server (for Linux): “fwserver”

The Software listed in 1.d. (1-3) shall be used on one computer at one location specified in the “Portfolio Edition” of the confirmation.

 

e.) FileWave ™ Booster (Unix daemon or Windows service) and any ancillary features

  • FileWave ™ Booster (for macOS): “fwbooster”, “FileWave Booster Monitor.app”
  • FileWave ™ Booster (for Windows): “fwbooster.exe”, “FileWave Booster Monitor.exe”
  • FileWave ™ Booster (for Linux): “fwbooster”
  1. The software listed in e.) is a package for simultaneous use on the local site with the maximum number of boosters specified in the “Portfolio Edition” of the purchase order submitted to FileWave for the license of this product. Will be duplicated and distributed as.

f.) FileWave ™ Engage (macOS and iOS applications) and any ancillary features

  • FileWave ™ Engage Client (for macOS): “EngageX.app”
  • FileWave ™ Engage Client (for iOS): “FileWave_Engage.ipa”
  • FileWave ™ Engage Client (for Windows): “EngageClient.exe”
  • FileWave ™ Engage Client (for Chrome): “FileWave Engage Extension”
  1. The software listed in f) will be duplicated and distributed as a single package for concurrent use at the local site with the maximum number of users specified in the “Portfolio Edition” of the confirmation.

 

g.) FileWave ™ User Documentation

FileWave User Documentation (“Documentation”) can be downloaded electronically from the FileWave Customer Board (also known as FileWave “Alliance Community”) and used with the FileWave software under the “Portfolio Edition”.

 

  1. “Education Edition”

“EDU” – Portfolio always contains 1.a. -1.g. as above

 

  1. License

We have a non-exclusive license to use the number of copies of the Software specified in 1 or 2 above (increased by confirmation after the fact) and a reasonable number of copies of Documentation each time for internal purposes only. The term of this license will be renewed annually unless the relevant purchase order specifies a different term or is terminated as permitted by 6 below.

 

  1. Limited warranty

During the warranty period, we warrant that the Software will provide the functionality described in the relevant Documentation version listed in the support section of https://filewave.com. The “warranty period” is 30 days starting from the date you installed the first component of the software. If the Software is unable to provide this feature and you give specific written notice of this defect, we agree to make reasonable efforts to correct this defect and we will make this defect. If you are unable to correct this, you reserve the right to terminate this license with written notice within 10 days of the end of the warranty period, as long as this defect remains uncorrected.

 

  1. Usage restrictions

Leasing, leasing, renting, selling, sublicensing the Software to any person, including or in connection with the Internet or any time-sharing, output center, SaaS, cloud or other technology or service. You agree that it will not be available in any way, transfer, delivery, issuance, transfer or otherwise. In addition, do not attempt to decrypt or access the source code of the Software, in whole or in part, by reverse engineering, disassembling, decompiling, decoding, adapting or otherwise using the Software, or by using the Software. You agree not to bypass or compromise the security devices or protections you make. Similarly, you agree not to copy, modify, adapt, transfer or create any other derivative work under Documentation.

 

  1. Release

You can terminate this license at any time by returning the software and all Documentation to us, or by removing the software from the memory or storage device of the computer to which the software was transferred (but not refundable). Must not be). 30 days in advance written notice if you fail to comply with any provision or condition of this license, 10 days in advance if payment is due to us in the amount due. We reserve the right to terminate this license upon notice by. At the time of cancellation, the Software, Documentation, and these copies, whether copies are permitted, shall be returned to us or destroyed at our own expense.

 

  1. Data collection 

We rely on you and our users, including when you provide us with information and when we automatically collect information about you when you access, use or operate the software. We collect information about usage by various means. These processes are performed to provide the software to the user. In certain cases, the user may be able to choose what information to provide, but in some cases we may require the user to provide certain information in using this software.

The software provides a means for local servers to collect certain information from clients and mobile client devices. This information includes the following:

  • Device phone number
  • Currently logged in user
  • Device-specific identifier (serial number, IMEI, WWAN, MAC)
  • Application usage history (number of startups and time)
  • Device location (GPS, WiFi, iBeacon, IP or other technology availability)
  • Installed software
  • Currently installed software

The information collected by the local server from your client or mobile client device is collected by the FileWave server so that you can use and store it at your facility. If we provide a hosted instance of the Software, we will not access or use that data except to store or back up that data for you.

 

We rely on multiple legal grounds in processing the information we receive regarding users of the Software, including: They are (1) you consent to processing, (2) processing is required to fulfill our contractual obligations for the purpose of providing this software, and (3) we or your visitors. For example, it needs to be processed for the legitimate interests of a third party, such as the interests of the user or partner.

 

Details regarding the processing of your information are provided in the FileWave Privacy Policy ( https://www.filewave.com/privacy/ ). By accepting this license, you agree to all the terms of this license, including the FileWave Privacy Policy incorporated into this license by invocation.

 

  1. User identifiable data 

The data collected by the software may contain data that could potentially identify you. You agree to comply with all legal requirements necessary to maintain such user-identifiable data, including user privacy, and to take responsibility for taking all appropriate precautions.

You agree not to send or transfer user identifiable data to us unless we provide a hosted instance of the Software for you. If you become aware that user-identifiable data has been transmitted or otherwise transferred to us, you agree to promptly notify us in writing of the content of such transfer and the transferred data.

 

If FileWave becomes retained of user-identifiable data (such as when we fulfill our support obligations), we will not publish or distribute this user-identifiable data except in the following cases: They are (1) if we are forced to do so by law or legal proceedings, (2) if there is specific written instruction from the owner of the data, (3) another that the law allows. If we have a valid legal basis, or if there are separate provisions in (4) FileWave Privacy Policy.

 

  1. Data aggregation and analysis

We use automated data collection and analysis technology to collect comprehensive information about your use of the software, your requirements, domain names, usage patterns, communication data and the resources you access and use in this software. increase. The Software will periodically transmit such data to us over the Internet to provide remote support information and allow us to audit your use of the Software under this License. This automatically transmitted data consists of comprehensive user information such as key server data, the number of users of the software and other similar information.

 

By accepting this license, you consent to the transmission of this comprehensive user information to us and that you do not attempt to restrict, disable or disable this feature within the Software. You additionally agree that we will use this data for the purposes of using the Software, analyzing services and product planning, and improving the Software by us and our affiliates.

 

  1. Non-infringement

We warrant that the Software will not infringe the copyrights, patents, trade secrets or other proprietary property rights of third parties enforceable in the jurisdiction in which you license the Software. At your written request, in any case, the Software, which you can enforce in the jurisdiction licensed by the Software, infringes the patents, copyrights, trade secrets or other proprietary rights of third parties. As long as the proceedings are based on the allegations of being (“infringement of rights”), we will defend the proceedings filed against you at your own expense. Subject to you promptly notifying us in writing of this proceeding, we shall pay you all costs, damages and reasonable attorneys’ fees ordered in the proceedings. We reserve the right to defend this action on behalf of both parties, you make all relevant records, materials or information available to us, and we reasonably request any action. We will cooperate with the defense. You reserve the right to participate in the defense of the complaint under our control at your own expense. If the Software is subject to allegations of infringement or is likely to do so in our view, we may take the following steps at our discretion: (i) acquire the right to continue using the Software for you, or (ii) replace the Software or any part thereof with a non-infringing alternative without significantly impairing functionality, (iii). We will modify the software so that it does not infringe the rights without significantly impairing the functions. If we cannot take advantage of any of the above three options in its discretion to avoid infringement or potential infringement, we will issue this license by giving written notice at least 30 days prior to the effective date of the termination. You may cancel it, in which case you will return the Software to us in exchange for a partial refund of the costs you paid to us for the Software. This refund will be calculated as the unamortized portion of the license fee based on a five-year straight-line depreciation starting on the date you installed the first component of the software. The above matters determine the total liability of the Company for infringement of copyright, trade secrets, proprietary property rights and patent rights by this software or any part thereof.

 

  1. Other warranty exclusion

The warranties we provide in this License under 4 and 9 above include warranties of design, merchantability or fitness for a particular purpose or general, as well as by legislation or customary law, or the process or business practices of a transaction. It replaces all other representations and warranties, express or implied.

 

  1. Limitations on remedies and limits on damages

FileWave (USA) Inc., FileWave (Europe) GmbH, FileWave Financial Services GmbH, FileWave International Holding AG or its officers, employees or affiliates (collectively, the “FileWave Parties”) may be the Company or any authorized Company of the Company. Even if your agent is aware of the potential for damage, you may be aware that the software or Documentation is not available or available, or that the data was sent to us or passed in another way. Unless notified by us, any consequential, incidental or indirect damages (loss of business profits, interruption of business, loss of business information or other financial loss) resulting from the publication or disclosure of user identifiable data. You agree that we will not be liable to you in any way (including any damages). Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and the above restrictions may not apply to you. If any of the above limitation of liability is invalid or ineffective, his FileWave party’s total liability to you for any damages due to any cause shall be in the License Fee for the Software, regardless of the form of the act. You agree to be limited.

 

  1. Matters concerning the United States Government

If you are an end user of the United States Government, this license for this software is provided only in accordance with the rights normally provided as set forth in this license. This customary commercial license is provided in accordance with FAR 12.212 (Software) and DFAR 252.227-7202-3 (Commercial Computer Software or Computer Software Rights) for Pentagon transactions.

 

  1. Miscellaneous rules

This license shall be construed under Indiana law if the Software is acquired in the United States, except for codes relating to international law, and the Software if the Software is acquired outside the United States. Will be construed in accordance with the law of the jurisdiction in which it was obtained. If the provisions of this license are found to be contrary to the law by the court of competent jurisdiction, the provisions shall be enforced to the maximum extent possible and the remaining provisions of this license shall remain in effect.

 

  1. Patent registration

FileWave and all FileWave logos are trademarks of FileWave and may be registered in certain jurisdictions. FileWave is registered under patent number 7,904,900 in the United States and under patent number 012550 in Eurasia. In other parts of the world, FileWave is patent pending.

 

  1. Other licenses

If you have the right to license a component from a third party under another license, you must rely on the license for that individual component, not this license.

 

  1. Links to online documentation

https://www.filewave.com/responsible-disclosure/

https://www.filewave.com/privacy/

https://www.filewave.com/status/

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