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.

1. Software

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.

8. Warranty

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.