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SOFTWARE LICENSE - End-User License Agreement(EULA) REL. 2024.01.01
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Definitions:
"The Software" references the Walter.dll binary in its
compiled as well as decompiled form as well as any other artifacts
included in NuGet Package https://www.nuget.org/packages/Walter/
"The Owners" references Walter Verhoeven and Stijn Snellinx as
individuals and Computer Aided Trading Systems SA with Luxembourg
business ID: B 218.421, as its agent.
"Valid License" defines a license that has not expired and is registered
at https://www.asp-waf.com. See Terms and Conditions at
https://www.asp-waf.com/terms for the licensing terms. Terms and conditions
are subject to change.
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Please read this End User License Agreement, hereafter called EULA carefully
before completing the installation process and using "the software".
It provides a license to use "The software" and contains warranty information
and liability disclaimers.
This End-User License Agreement ("EULA") is a legal agreement between you
and "the owners".
If you register for a free trial of "the software", this EULA agreement will
also govern that trial. By clicking "accept" or installing and/or using
"the software", you are confirming your acceptance of "the software" and
agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other
legal entity, you represent that you have the authority to bind such entity
and its affiliates to these terms and conditions. If you do not have such
authority or if you do not agree with the terms and conditions of this EULA
agreement, do not install or use "the software".
This EULA agreement shall apply only to "the software" supplied by Computer
Aided Trading Systems SA herewith regardless of whether other software is
referred to or described herein. The terms also apply to any Computer Aided
Trading Systems SA updates, supplements, Internet-based services, and support
services for "the software", unless other terms accompany those items on
delivery. If so, those terms apply.
DATA COLLECTION AND USAGE: The Walter.dll software may collect data regarding
your use of the software and your compliance with the license terms.
This data includes, but is not limited to, software usage statistics and
license compliance information. All collected data is:
- Encrypted: To ensure data security, all data collected by this software is encrypted.
- Anonymized: Where applicable, data is anonymized to protect your privacy.
- Not Shared or Sold: We do not share or sell this data to third parties.
It is used solely for ensuring software usage compliance and improving
our products and services.
LICENSE COMPLIANCE CHECKING: The binaries in the Walter.nupkg package are
designed to check license compliance. By using this software, you consent to
such checks. Non-compliance with the license terms may result in restricted
functionality or software termination.
CONSENT TO USE OF DATA: You agree that VESNX SA may collect and use technical
information gathered as part of the product support services provided to you,
if any. VESNX SA may use this information solely to improve our products or to
provide customized services or technologies to you.
ACCEPTANCE OF TERMS: To use any binaries, assets in part or the whole
Walter.nupkg package, you must agree to these terms. Your use of the software
constitutes your acceptance of these terms.
PRIVACY POLICY
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We collects the following data:
When using this software we will collect the
1. The domain name that this software is executed on.
2. The version of "the software" you use
3. The date/time when you first started using the software.
4. The date/time when it was the last time the "the software" was used.
5. The name of the server that is using "the software"
6. The user account used to execute "the software" on the server
7. The IP Address used by the server
8. Other environment variables allowing us to proof "the software" is used.
9. Contact details
We collect the data to validate compliance with the licensing terms.
We do not collect any data not mentioned above.
How do we collect your data?:
We send your domain name as well as "the software" release to
our cloud service web service.
How will we use your data?:
We will periodically validate that you're not in violation of our
license agreement by visiting your site.
How do we store your data?:
We store your data electronically in a database physically
located one of our business premises.
HOW TO CONTACT US:
If you have any questions about Our Company’s privacy policy, the data we hold
on you, or you would like to exercise one of your data protection rights,
please do not hesitate to contact us.
Email us at:
info@vesnx.com
Or write to us at:
Computer Aided Trading Systems SA
29 Boulevard Grande-Duchesse Charlotte
1331 Luxembourg
Luxembourg
LICENSE GRANT
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Owners hereby grants you a personal, non-transferable, non-exclusive
license to use "the software" on your devices
in accordance with the terms of this agreement.
You are permitted to load "the software" (for example a PC, laptop, mobile or
tablet) under your control. You are responsible for ensuring your device meets
the minimum requirements of "the software" software.
YOU ARE NOT PERMITTED TO:
1. Edit, alter, modify, adapt, translate or otherwise change the whole or any
part of "the software" nor permit the whole or any part of "the software"
to be combined with or become incorporated in any other software, nor
decompile, disassemble or reverse engineer "the Software" or attempt to
do any such things;
2. Reproduce, copy, distribute, resell or otherwise use "the Software" for any
commercial purpose;
3. Allow any third party to use "the software" on behalf of or for the benefit
of any third party;
4. Use "the software" in any way which breaches any applicable local, national
or international law;
5. Use "the software" for any purpose that "the owners" considers is a breach
of this agreement, see https://www.asp-waf.com/terms;
6. Use "the software" without a "valid license" after the trail period has
expired. We reserve the right to invoice any violations using the data
collected;
FREE DEVELOPER LICENSE AGREEMENT
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By installing this NuGet package, you consent to register your project with
VESNX.
This registration involves only the collection of your project name and the
NuGet package identifier. In exchange for this information, VESNX will grant
a complimentary developer license specifically for the project that incorporates
this package.
Please note that this registration, involving minimal data collection, is a
mandatory condition for the utilization of our package and the accompanying
free license.
INTELLECTUAL PROPERTY AND OWNERSHIP
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Owners shall at all times retain ownership of "the software" as originally
downloaded by you and all subsequent downloads of "the software" by you.
"The software" (and the copyright, and other intellectual property rights of
any nature in "the software", including any modifications made) are and shall
remain the property of Walter Verhoeven and Stijn Snellinx.
"The owners" reserves the sole right to grant, or not to grant, licenses to
use "the software" to third parties.
Copyright (c) 2019-2020 Walter Verhoeven, Stijn Snellinx
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of "the software" when you include these
binaries in own software.
DECOMPILING, DISASSEMBLING OR REVERSE ENGINEERING
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You acknowledge that "the software" contains trade secrets and other
proprietary information of "THE OWNERS" and its licensor's. Except to the
extent expressly permitted by this Agreement or by the laws of the jurisdiction
where you are located, you may not decompile, disassemble or otherwise reverse
engineer "the software" or engage in any other activities to obtain underlying
information that is not visible to the user in connection with normal use of
"the software".
TERMS AND TERMINATION
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This EULA agreement is effective from the date you first use "the software" and
shall continue until terminated. You may terminate it at any time upon written
notice to "the owners".
It will also terminate immediately if you fail to comply with any term of this
EULA agreement. Upon such termination, the licenses granted by this EULA
agreement will immediately terminate and you agree to stop all access and use
of "the software". The provisions that by their nature continue and survive
will survive any termination of this EULA agreement.
If you fail to pay any fees related to "THE SOFTWARE" or any related service,
or violate any term or condition of this EULA, "the owners" or its agent may
terminate this license immediately by giving notice of termination to you. You
are responsible for providing valid contact information to "The owners". If no
valid contact information is available for you in "the owners" records, then
"the owners" are not required to give a notice of termination to you
TERMS OF SERVICE
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By using "the software" you explicitly agree and understand that we will send
usage data to our license server in order for us to validate agreements to
these terms and licensing conditions. If you do not agree to these terms you
may not use "the software".
3rd party software:
The solution provided may contain dependencies that have their own license
agreements before you are able to make use of them. Please validate that you
are in compliance with those licenses.
Software Updates:
At present we do not offer a subscription service, in order to keep
"the software" up to date you should update the software regularly and
re-deploy this on your website.
Service Agreements
We are not obligated to support you in any way when using our software
Service agreements in regards to SLA and support tickets are managed by their
own terms and conditions.
If you feel that "the software" is malfunctioning please send a email to
support@catsiv.com.
3RD PARTY LICENSE AGREEMENTS
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"The Software" may have dependencies on external binaries that come with their
own license agreements and terms and conditions. "THE OWNERS" do not grant you
licensed access and you will have to agree to and accept 3rd party terms before
being able to use those 3rd parties.
"The software", at the time of compilation, does not contain any 3rd party
binaries that are not in the public domain.
THIRD-PARTY SUPPLIER ACKNOWLEDGMENT AND PACKAGING REQUIREMENTS
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Acknowledgment of VESNX SA: When incorporating "the software" into any product,
VESNX SA must be acknowledged as a third-party supplier in the product's
documentation. This acknowledgment should clearly state that "the software"
is provided by VESNX SA and is subject to the terms of this EULA.
Packaging and Redistribution: If you package "the software" as part of another
product or software suite, the terms and conditions of this EULA continue to
apply to "the software" as distributed. It is your responsibility to inform
end-users and any third parties that "the software" is governed by this EULA
and that they are bound by these terms upon using "the software", even when it
is part of a larger product or suite.
No Modification of Terms: Redistribution or packaging of "the software" does
not permit alteration, removal, or modification of any of the terms and conditions
of this EULA. VESNX SA’s terms must remain intact and fully enforceable with
"the software", regardless of how it is packaged or redistributed.
Compliance Responsibility: As a distributor or packager of "the software", you
are responsible for ensuring that all end users are aware of and comply with
the terms of this EULA. Failure to adequately inform end users of these terms
may result in violation of the agreement and potential legal action by VESNX SA.
These requirements are binding upon any party who redistributes "the software"
or integrates it into their products, and are intended to ensure proper use and
legal compliance in line with VESNX SA's policies and the terms of this EULA.
NO WARRANTY
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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS
IN THE SOFTWARE.
LIMITATION OF LIABILITY
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THE OWNERS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER
ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THIS SOFTWARE. THIS
INCLUDES, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS.
BY USING THIS SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT THE OWNERS RESERVE
THE RIGHT TO DISABLE EXECUTION OF OUR BINARY IF WE DETECT USE OUTSIDE THE
AGREED TERMS OF SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, VIOLATIONS
OF LICENSE AGREEMENTS, NON-COMPLIANCE WITH GOVERNMENTAL EMBARGO DIRECTIVES,
OR ANY OTHER BREACH OF THE TERMS OF SERVICE. WE WILL ENDEAVOR TO NOTIFY
USERS PRIOR TO TAKING SUCH ACTION, BUT THIS IS NOT GUARANTEED.
YOUR USE OF THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
RESTRICTED USE IN CERTAIN JURISDICTIONS
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THE USE OF THIS SOFTWARE IS NOT PERMITTED IN ANY STATE OR COUNTRY WHERE THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES
IS NOT ALLOWED. BY USING THIS SOFTWARE, YOU REPRESENT AND WARRANT THAT
YOUR USE COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION.
IF SUCH EXCLUSIONS OR LIMITATIONS ARE NOT PERMITTED IN YOUR JURISDICTION,
YOU ARE PROHIBITED FROM USING THIS SOFTWARE. YOUR USE OF THIS SOFTWARE
INDICATES YOUR ACCEPTANCE OF THESE TERMS.
GOVERNING LAW
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This EULA agreement, and any dispute arising out of or in connection with this
EULA agreement, shall be governed by and construed in accordance with the laws
of Luxembourg
UPDATES AND AMENDMENTS
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The terms and conditions of this EULA are specific to the version of "the software"
as downloaded and do not automatically apply to future versions or updates.
Subsequent versions of "the software" may come with their own terms and conditions.
It is the responsibility of the user to review and accept the terms and conditions
of each version of "the software" separately. VESNX SA is not responsible for
notifying users of changes in terms for future releases.
COMPLIANCE WITH LOCAL LAWS
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While using "the software", you agree to comply with all applicable local,
national, and international laws and regulations. It's your responsibility to
ensure that your use of "the software" adheres to all laws in your jurisdiction,
including but not limited to data protection and privacy laws.
DISPUTE RESOLUTION
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Any disputes arising out of or related to this EULA or the use of "the software"
shall be attempted to be resolved through mediation or arbitration before resorting
to court action, except when immediate injunctive relief from a court is necessary
to prevent serious and irreparable harm to one of the parties or to others.
This dispute resolution process shall be conducted in Luxembourg unless otherwise
mutually agreed upon.