HomeServicesSupportAbout UsCartLinksContact Us

Download Your Free 30-day Trial

Upgrade SeekerWorks™

Overview

Screen Samples

Requirements

End User License Agreement

End User License Agreement (EULA)

WENNBLOM SOLUTIONS, INC.

END USER LICENSE AGREEMENT

 

SeekerWorks™

Standard Edition Software

 

IMPORTANT

READ THESE TERMS AND CONDITIONS CAREFULLY

BEFORE ACCEPTING THIS LICENSE

 

NOTICE TO USER:

 

THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL CONTRACT BETWEEN YOU (“LICENSEE”) AND WENNBLOM SOLUTIONS, INC (“LICENSOR”). WENNBLOM SOLUTIONS IS WILLING TO LICENSE ONE COPY OF THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY CLICKING THE “I ACCEPT THE TERMS IN THE LICENSE AGREEMENT” BUTTON BELOW, BY INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY AND ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING WITHOUT LIMITATION THE WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY AND TERMINATION PROVISIONS INCLUDING THE THIRTY (30) DAY TRIAL PERIOD (“TRIAL PERIOD”) BELOW, WHETHER OR NOT YOU DECIDE TO PURCHASE THE SOFTWARE. IF YOU DECIDE TO ACCEPT AND AGREE TO THE TERMS AND PROVISIONS OF THIS AGREEMENT, YOU WILL BE PERMITTED TO INSTALL AND ACCESS WENNBLOM SOLUTION’S SEEKERWORKS™ STANDARD EDITION SOFTWARE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SELECT “I DO NOT ACCEPT THE TERMS IN THE LICENSE AGREEMENT” BELOW, THEN WENNBLOM SOLUTIONS IS NOT WILLING TO LICENSE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL AND ACCESS THE SOFTWARE.

 

This Wennblom Solutions End User License Agreement governs use of Wennblom Solutions SeekerWorks™ Standard Edition Software, product upgrades and related written materials (“Software”). The term “Software” also includes without limitation any Software upgrades, modified versions and updates as well as online or printed documentation of the Software which may be provided to you by Wennblom Solutions. A copy of the Software will be licensed to you as the registered end user. You must read this Agreement carefully before indicating acceptance at the end of this Agreement.

 

If you do not agree with the terms and conditions of this Agreement, decline where instructed, and you will not be able to install and access the Software. If you accept the terms and conditions of this Agreement, you will be allowed to install and access the Software.

 

Your use of the Software is subject to the following terms and conditions.

 

Upon your acceptance of this Agreement, Wennblom Solutions grants to you a single, non-exclusive, limited license to use the Wennblom Solutions SeekerWorks™ Standard Edition Software product together with any upgrades provided by Wennblom Solutions, provided that you agree to the following:

 

 

 

 

Internet Updates If updates are available through the Internet, you are solely responsible to download the file or files from the Internet.

 

Compatibility Wennblom Solutions makes no warranty regarding the compatibility of the compressed file with any particular Internet browser software which you my use to download the file or files.

 

Technical Problems You assume full responsibility for any technical problems that may prevent you from downloading the file or files from the Internet.

 

CD-ROMs If updates are available through the Internet, you may elect to contact Wennblom Solutions to obtain the Software update on CD-ROM. Wennblom Solutions will ship a CD-ROM once it has received an advance payment of ten ($10.00) US dollars for shipping and handling, plus the cost of the expedited postage or courier fees for that shipment.

 

 

You may terminate the license at any time, including during the Trial Period, by notifying Wennblom Solutions in writing and destroying the Software together with all copies, modifications and merged portions in any form. There shall be no refund of any portion of the annual service fee.

 

This license Agreement will terminate automatically upon your failure by yourself, your organization’s officers, agents, or employees, to comply with the Terms of this Agreement, at the conclusion of the Trial Period, or at its option, Wennblom Solutions may give you written notice of termination if you commit a breach of this End User License Agreement and fail to cure such breach within ten (10) days after notice from Wennblom Solutions.

 

In the event of termination by reason of your failure to comply with any part of this Agreement, or upon any act which shall give rise to Wennblom Solutions right to terminate, Wennblom Solutions shall have the right, at any time, to terminate the license and take immediate possession of the Software and all copies wherever located, without demand or notice and without refund of any portion of the annual service fee. Within ten (10) days after termination of the license, you will destroy the Software and all copies, and upon request, certify in writing that they have been destroyed.

 

Trial Period Term Unless Licensee has entered into a license with the Licensor, the Trial Period Software license shall terminate thirty (30) days from the date of the initial Software use. Licensee hereby acknowledges that the Software incorporates automatic shutdown features that make it inoperable after the termination of the Trial Period.

 

Copies You agree that while this License is in effect, or while you have custody or possession of any property of Wennblom Solutions, you will not (1) copy or duplicate, or permit anyone else to copy or duplicate, any physical or magnetic version of the computer programs, documentation or information furnished by Wennblom Solutions in machine-readable form, (2) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information made available under this License or otherwise (whether oral, written, tangible or intangible).

 

Use Restrictions The Software licensed hereunder shall be used only on a single central processing unit (CPU) or server and its associated peripheral units at the same site. Use of the Software shall consist of downloading any portion of the Software from Wennblom Solutions internet location into the CPU or server, or the processing of data with the Software or both. Use of the Software in any computer environment not specified in this Agreement is not authorized under this License. The Software is “in use” on a computer when it is loaded into temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. All Software, documentation, and materials in machine-readable form supplied under this license shall be kept in a secure place and not less strict than those applied to your most valuable and sensitive software, data and documents. The Software licensed hereunder may be temporarily transferred to another CPU or server while the initial CPU or server is undergoing repairs.

 

No Tampering Licensee shall safeguard any and all copies of the Software, against unauthorized disclosure, shall not tamper with, bypass, or alter its security features or attempt to do so, and shall take all reasonable steps to ensure that the provisions of this Agreement are not violated by any person under Licensee’s control or in Licensee’s service. Licensee also agrees that it shall neither cause nor permit any person under its control or in its service in any way to disassemble or attempt to disassemble the Software object code.

 

No Rental/Commercial Hosting You may not rent, lease, lend or provide commercial hosting services with the Software. You shall not allow access to the Software through any terminals or computers located outside your physical location containing the Workstation Computer.

 

Modifications You are not licensed to modify, adapt or translate the Software, documentation, or other materials in full or any subset thereof.

 

Consent to Use of Data You agree that Wennblom Solutions and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Wennblom Solutions may use this information solely to improve our products or to provide customized services or technologies to you and will disclose this information in a form that personally identifies you.

 

Additional Software/Services This Agreement applies to updates, supplements, add-on components, or Internet-based services or components, of the Software that Wennblom Solutions may provide to you or make available to you after the date you obtain your initial copy of the Sofware, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Wennblom Solutions reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

 

Upgrades To use Software identified as an upgrade, you must first be licensed for the software identified by Wennblom Solutions as eligible for the upgrade. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility.

 

Backup Files and Archival Copies All Software must be stored and backed-up exclusively within the geographical boundaries of the United States or any country with which the United States of America maintains a favorable trade relationship. Copies of the licensed Programs made under your normal backup procedures shall not be deemed to be copies under Copies, herein. One backup and archival copy is allowed under this Agreement provided the copies are not installed on any computer. All allowed copies must prominently display the original and unmodified trademark, copyright, patent and any other intellectual property markings that appear on or in the original Software media.

 

You may not copy the written materials, if any, accompanying the Software.

 

Key Code Wennblom Solutions may choose to enable a key code in future versions of the Software for activation purposes after initial evaluation periods. You may not re-license, assign, reproduce or distribute key codes without the express written authorization of Wennblom Solutions.

 

Reverse Engineering As Licensee, you may not reverse engineer or otherwise attempt to discover source code or any trade secrets by either direct or indirect means except to the extent you may be expressly permitted by law for the purposes of interoperability. You must first request information of Wennblom Solutions prior to any reverse engineering activities. Wennblom Solutions has the right to impose reasonable conditions and may request a reasonable fee prior to providing such information. Your use of information is limited to the purpose described herein and may not be disclosed to any third party or used to develop substantially similar software. Requests for information should be directed to help@SeekerWorks.com.

 

Other Restrictions You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software or use the Software in any computer environment not specified in this Software License Agreement. You will comply with applicable law and Wennblom Solutions’ instructions regarding the use of the Software.

 

Unauthorized Acts You agree to notify Wennblom Solutions immediately of the unauthorized possession, use, or knowledge of any item supplied under this License Agreement and of other information made available to you under this Agreement, by any person or organization not authorized by this Agreement to have such possession, use or knowledge. You will promptly furnish full details of such possession, use or knowledge to Wennblom Solutions, and will assist in preventing the recurrence of such possession, use or knowledge, and will cooperate with Wennblom Solutions in any litigation against third parties deemed necessary by Wennblom Solutions to protect its proprietary rights. Your compliance with this subparagraph shall not be construed in any way as a waiver of your rights to recover damages or obtain other relief against you for negligent or intentional harm to Wennblom Solutions proprietary rights, or for breach of contractual rights.

 

Transfer of License Rights Your rights to use the Software, documentation, manuals and other materials supplied by Wennblom Solutions hereunder in full or any subset thereof including backup files and archival copies shall not be assigned, licensed, loaned, leased, sublicensed, distributed or otherwise transferred to a successor, affiliate or any other person, firm, corporation or organization, voluntarily, by operation of law, or an any other manner without the prior written consent of Wennblom Solutions. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or responsibilities hereunder is void.

 

 

You agree with Wennblom Solutions that Wennblom Solutions’ proprietary rights and intellectual property are very valuable and are protected by criminal and civil law as well as the law of copyright. You agree that the use and disclosure of Wennblom Solutions’ proprietary rights and intellectual property must be carefully and continuously monitored. You agree that the structure, organization and code of the Software are valuable trade secrets and confidential information of Wennblom Solutions and its suppliers. You shall take no action which adversely affects Wennblom Solutions’ proprietary and intellectual property rights in the Software including participation in any action, whether directly or indirectly, that might result in causing the Software, documentation or other materials to be placed in the public domain.

 

Except as expressly permitted under “Use of Software” above, YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE, OR ANY COPY, MODIFICATION, OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

 

You must reproduce and include the copyright notice and other intellectual property rights notices on any copy permitted by this Agreement and on any modifications or portion merged into another software program.

 

Trademarks shall be used in accordance with accepted trademark practice, including the identification of the trademark owners’ names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark.

 

 

 

 

No Warranty You assume the responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. The Software is being delivered to you “AS IS” and Wennblom Solutions makes no warranty as to its performance.

 

No Performance Warranty WENNBLOM SOLUTIONS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. WENNBLOM SOLUTIONS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

WENNBLOM SOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT WENNBLOM SOLUTIONS OR ITS AUTHORIZED DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. IN NO EVENT WILL WENNBLOM SOLUTIONS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A WENNBLOM SOLUTIONS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

 

SOME STATES AND COUNTRIES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE OR COUNTRY.

 

No Other Warranty WENNBLOM SOLUTIONS, ITS AUTHORIZED DEALERS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGMENT WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE JURISDICTIONS.

 

Limitation of Liability Wennblom Solutions and its authorized dealer(s) entire liability and your exclusive remedy shall be at Wennblom Solutions option to include the repair or replacement of any Software; the return of the price paid, if any; or to discontinue your use of the Software and terminate this Agreement.

 

Disclaimer of Consequential Damages IN NO EVENT WILL WENNBLOM SOLUTIONS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES EVEN IF WENNBLOM SOLUTIONS AND ITS AUTHORIZED DEALER(S) HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. IN ANY CASE, WENNBLOM SOLUTIONS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.

 

Rights Under State Law SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH STATES, WENNBLOM SOLUTIONS’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.

 

No Other Warranties and Disclaimer THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR WENNBLOM SOLUTIONS, ITS AUTHORIZED DEALERS OR SUPPLIERS BREACH OF WARRANTY.

 

 

 

 

 

Severability If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect.

 

Conflict with Purchase Orders In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any purchase order, the terms and conditions of this Agreement shall control.

 

Waiver of Contractual Right The waiver or failure of Wennblom Solutions to exercise in any respect any rights provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement.

 

Successors and Assigns This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.

 

Headings The headings appearing at the beginning of the sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement.

 

Entire Agreement This Agreement constitutes the complete and entire Agreement between Wennblom Solutions and you. This Agreement supersedes all proposals or prior agreements, oral or written and all other communications between the parties relating to the subject matter of this Agreement. This Agreement may not be modified except in writing signed by both Wennblom Solutions and you.

 

 

Wennblom Solutions, Inc.

6345 Cornwallis Ct.

Colorado Springs , CO 80922-2132

USA

 

 

For future reference, this license may be found in the eula.html in the downloaded and decompressed directory of the Software or you may print out a copy of this End User License Agreement now by selecting the print option.

 

 

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERCEEDS ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

Please indicate your acceptance or declination of the foregoing agreement by clicking on the appropriate button below.

 

 Site Map   Contact Us   © 2001-2010, Wennblom Solutions, Inc. All rights reserved.