End user license agreement
Software license agreement (hereinafter “Agreement”) between Wiiste Inc. (“Wiiste”) and the end user.
Read this Agreement carefully before starting to use the Software for the first time.
By registering in the service by clicking the “Register” button, you accept the terms of this Agreement.
USING THE SOFTWARE IS TAKEN AS CONFIRMATION THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTOOD ITS CONTENTS,
AND THAT YOU ARE COMMITTED TO FOLLOWING THE TERMS OF THIS AGREEMENT IN ALL RESPECTS.
If you do not accept all the terms of this Agreement, do not register for the service.
In this case, you do not have the right to use the Software.
The end user may be a private individual or a community. This Agreement grants the end user only
certain rights to use the Software defined in section 1. Wiiste reserves all other rights to the
Software. This Agreement sets out the end user’s rights of use and does not constitute a sales contract.
For the purposes of this Agreement, the term “Software” refers to all of the following parts:
(i) the source code and user interface of the software, (ii) any updated or changed versions and
copies of the software (“Updates”), (iii) any material, documentation and other written material
(“Material”) included in the software, (iv) the control theories, models, data materials and
calculations results of the software, and (v) the visual design of the software.
2. Entry into force
The Agreement enters into force immediately when the end user accepts the terms of this
Agreement in the manner described above.
3. Maintenance and technical support
Wiiste maintains the Software. However, Wiiste is not obligated to offer any technical support
to the end user unless otherwise agreed by the parties in writing.
4. Other obligations
This Agreement makes Wiiste liable only for the obligations that are specifically set out in this Agreement.
5. End user’s rights
Wiiste grants the end user the right to use the Software as is, within the limits of the separately
defined user rights levels. The right of use is personal. No other user may use the Software
simultaneously with the same right of use. This right may under no circumstances be assigned to a third party.
The end user may copy documentation related to the Software only for private use or internal
use within the community or if necessary for using the Software.
6. Limitations of the end user’s rights
The end user may not misuse, copy or distribute the Software or create new software based on it.
The end user may not (i) edit, translate or make copies of the Software or assign its right of use,
(ii) create any new software or other material based on the Software or parts thereof, such as data
materials and calculations results, (iii) bypass the technical restrictions of the Software,
(iv) examine the method of manufacture of the Software or in any way seek to work out the source
code of the Software, e.g. by trying to reverse engineer, unpack or deconstruct the Software,
(v) resell, rent out, lease, use on a time-share basis, or lend the software or grant sub-licenses
for the Software, (vi) edit, copy or distribute any Materials included in the Software without
appropriate copyright notices and source data, or (vii) use the Software in any illegal manner.
7. Intellectual property rights
Wiiste Inc. holds all copyrights to the Software. Copyrights are protected in Finland by the
Finnish Copyright Act. No copyrights or any other rights to the Software besides those expressly
mentioned in this Agreement are transferred or granted to the end user based on this Agreement.
The Software’s limited warranty is valid for 90 days from when the end user of the Software has
obtained the Software. If the end user has received supplements, Updates or replacing parts
during the aforementioned 90 days, their warranty remains valid for the remainder of the
Software’s original warranty or for 30 days, whichever ends last. The aforementioned warranty
covers that Wiiste may at its choice either (a) repair the Software free of charge or
(b) reimburse any price paid for the Software. The same also applies to the supplements and
Updates of the Software.
The end user accepts that the Software is delivered as is, without any obligation to change
or update the Software. Wiiste does not guarantee that the Software will operate without fault
or interruption. Furthermore, Wiiste does not guarantee that the functions of the Software
correspond to the end user’s requirements. The end user is responsible for selecting the
Software and any risks related to it as well as for achieving the intended objectives by using
the Software. The end user is also responsible for the use of the Software and any results
achieved by using the Software.
9. Limitation of liability
Wiiste will not provide compensation for damages caused by the actions or neglect of the end
user or third parties, or force majeure events or situations preventing the fulfilment of the
obligations arising from the contract. Under no circumstances shall Wiiste be responsible for
any indirect damages, such as losses of profit or income, discontinuation or interruption of
business activities, the disappearance of information related to business activities, or other
comparable damage. With respect to direct damage, the maximum amount of compensation Wiiste is
responsible for is in all cases the amount of service charges paid by the end user to Wiiste
during the past three (3) months.
Nothing in this Agreement affects the rights granted by mandatory legislation of the party
that has entered into the Agreement as a consumer.
10. Governing law and general provisions
This Agreement shall be governed by and construed in accordance with the laws of Finland.
Any disputes arising out of or relating to this Agreement shall be finally settled in the
District Court of Wiiste’s domicile. Should any part of this Agreement be found invalid,
this will not otherwise affect the Agreement, which will remain in force as it is. Any
amendments to this Agreement must be made in writing.
11. Termination of the Agreement
The end user may terminate the Agreement at any time by notifying Wiiste of this in writing,
whereupon the end user’s rights to the Software will expire. If the end user does not observe
the provisions of this Agreement or uses the Software for illicit purposes, the end user’s
rights to the Software will terminate immediately without separate notice from Wiiste.
When the end user’s rights to the Software have ended or expired, all material related
to the Software must, depending on Wiiste’s demand, either be destroyed or returned to
the following address:
Wiiste Oy, Tiiliruukinkatu 22 A 1, FI-33200 Tampere, Finland.