This License only applies to the executable code for the English-language version of any edition of VisioTask software and any accompanying distributable files, data and materials ("VisioTask"). You should carefully read the following terms and conditions before using, installing, copying, or distributing VisioTask. Unless otherwise agreed in a writing signed by an authorized representative of HandyTeq, LLC ("HandyTeq"), your use, installation, copying, or distribution of VisioTask indicates your acceptance of this agreement ("License"). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your purchase of this License or use of VisioTask and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by HandyTeq.
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute VisioTask.
The terms and conditions of this License describe the permitted use and user(s) of each copy for which you have paid a license fee or acquired by purchasing qualifying hardware ("Licensed Copy") of VisioTask. In case you downloaded and installed BETA or FREE version of VisioTask you are permitted to use it without subject of license fee. All statements of the License are applicable in full to BETA or FREE versions.
Scope of License
Subject to the terms of this License, HandyTeq grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use VisioTask, solely for your personal or internal business purposes.
If you have received a VisioTask OEM License you are deemed to have a single Licensed Copy of VisioTask and you have the right to install and use a single copy of VisioTask on the hardware with which you received VisioTask. If you have paid for a VisioTask single-user license and received a valid Registration Code, you are deemed to have a single Licensed Copy of VisioTask and you have the right to install and use a single copy of VisioTask on one computer or workstation for non-simultaneous use by one or more persons and install a second copy of VisioTask on another computer or workstation for the exclusive use of the person who is the primary user of the first copy of VisioTask. If you have paid for a multi-user license and received a valid Registration File or Code, you or your organization are deemed to have acquired the number of Licensed Copies as indicated in the documents issued by HandyTeq and you have the right to install or access a copy of your licensed version of VisioTask on multiple computers up to the number of Licensed Copies that you have acquired.
You may not give, transfer or sell copies of VisioTask to your customer(s), or any third party, in whole or in part, nor include copies of VisioTask, in whole or in part, in, or with, products you sell.
Each Licensed Copy may be accessed through a network, provided that you have purchased a Licensed Copy for each workstation that will access VisioTask through the network. For instance, if 9 different workstations will access VisioTask on the network, you must purchase 9 Licensed Copies of VisioTask, regardless of whether the 8 workstations will access VisioTask at different times, or concurrently.
If you have purchased a Multi-User Standard License, you are responsible for duplicating and distributing VisioTask for use in accordance with the terms of this License, and for monitoring the number of copies of VisioTask installed and used by your organization and you agree that upon request from HandyTeq or HandyTeq authorized representative, you will within thirty (30) days fully document and certify the number of copies of VisioTask you have installed. Under a Multi-User License, you may install VisioTask only on computers operated by, or on behalf of, your organization. Subject to United States export restrictions referenced below, other applicable laws and regulations, including the laws of countries other than the United States of America, and the other limitations set forth in this License, you may install and access Licensed Copies of VisioTask on computers located anywhere in the world.
All rights of any kind in VisioTask which are not expressly granted in this License are entirely and exclusively reserved to and by HandyTeq. VisioTask is protected by the United States copyright laws and other applicable national and international laws and treaties.
You may use, install and distribute VisioTask solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, VisioTask, in whole or in part, nor permit anyone else to do so. You may not make access to VisioTask available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of VisioTask.
Warranty Disclaimers and Liability Limitations
VisioTask, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither HandyTeq nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, VisioTask. Neither HandyTeq nor any of its affiliates or licensors warrants that the operation of VisioTask will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including VisioTask, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of VisioTask covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, HandyTeq, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, VisioTask. Any liability of HandyTeq, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to HandyTeq. Except to the extent expressly prohibited by applicable statutes, in no event shall HandyTeq, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of VisioTask, or to your relationship with, HandyTeq, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does HandyTeq authorize you or anyone else to use VisioTask in applications or systems where VisioTask's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold HandyTeq, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
U.S. Government End Users
VisioTask is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire VisioTask and any related documentation with only those rights set forth in this License.
VisioTask is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license VisioTask. By accepting this License, you warrant and represent to HandyTeq that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export VisioTask to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
VisioTask, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and registration code files or information, and the know-how embodied in VisioTask, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by HandyTeq, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of HandyTeq and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of HandyTeq. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder.
This License shall be governed by the laws of the State of Nevada, without regard to Nevada choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Nevada, and you consent to such jurisdiction and venue.
There are no third-party beneficiaries of any promises, obligations, or representations made by HandyTeq herein.
Any waiver by HandyTeq of any violation of this License by you shall not constitute, nor contribute to, a waiver by HandyTeq of any other or future violation by you of the same provision, or any other provision, of this License.
If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.With any questions please contact us at firstname.lastname@example.org. Please let us respond within 24 hours.
Our warmest regards,
HANDYTEQ developers team.