wave iQ®
License Terms
The wave iQ® Software Application is licensed, not sold. You acknowledge that Fischer Block, Inc. and our licensors are the sole and exclusive owners of the wave iQ® Software Application and any related documentation and specifications, including all intellectual property rights therein. Except as otherwise expressly specified in this Agreement, no right, title or interest in any patents, copyright, trademarks, trade names or trade secrets, or in any pattern or design of the Software Application or any related documentation and specifications, shall pass to you under this Agreement.
For the avoidance of doubt, in no event will any intellectual property rights transfer to you under this Agreement unless otherwise expressly agreed in this Agreement. All intellectual property associated with the wave iQ® Software Application will remain, in any case, the sole property of Fischer Block, Inc. and our licensors.
This wave iQ® Software Application is designed to process datafiles. In some cases, remotely configure SMART Block® devices, as supplied by Fischer Block, Inc., receive and store datafiles originating from SMART Block® devices, and convert such datafiles into COMTRADE format for storage, rendering charts of data contained in such datafiles, and enable authorized users to download copies of such COMTRADE formatted datafiles.
Any attempt to decompile, modify, copy, edit, reuse, or reverse engineer all or any portion of the wave iQ® Software Application is a violation of these Terms of Use and by installing or using this Software Application, you agree to be bound by these terms.
Subject to your full compliance with the terms and conditions of this Agreement, we hereby grant you a nonexclusive, non-assignable and nontransferable right to install and use the Software Application.
The limited rights granted to you herein are subject to the following further restrictions and requirements (in addition to any other restrictions and requirements described elsewhere in this Agreement).
You shall, and shall cause users of your Company:
All design, graphics, text, interfaces, and the selection and arrangements thereof are property of Fischer Block, Inc. ALL RIGHTS RESERVED. Permission is granted for users of your Company to download electronic COMTRADE formatted versions of any data-files received by the Software Application, from your active SMART Block® devices, and your Company shall have exclusive ownership of such downloaded files. Any other use of materials in the Software Application, including reproduction, modification, distribution, or republication, without prior written permission of Fischer Block, Inc. is strictly prohibited.
You agree to indemnify and hold Fischer Block, Inc., and its affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Software Application, your connection thereto, or your violation of any rights of another.
You expressly understand and agree that your use of this Software Application is at your sole risk. This Software Application is provided on an "as is" and "as available" basis and may contain bugs. Fischer Block, Inc. actively works in its attempt to resolve and correct any such bugs which become known. Fischer Block, Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Fischer Block, Inc. makes no warranty that the Software Application will meet your ongoing requirements, the Software Application will be uninterrupted, timely, or error-free, the results that may be obtained from the use of the Software Application will be accurate or reliable, and any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Software Application is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data as a result of the download of any such material.
No advice or information, whether oral or written, obtained by you from Fischer Block, Inc either through or from the Software Application shall create any warranty not expressly stated in the terms of Software Application use.
You expressly understand and agree that Fischer Block, Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Software Application, the cost of procurement of substitute goods and services resulting from any goods, data, information, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Software Application, or any other matter relating to the Software Application.
Local governments may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The Software Application may contain links to and/or make use of other software applications that are owned and/or operated by third parties. Fischer Block, Inc. is not responsible for the availability or performance of such third party applications and, by using this Software Application, you agree to be bound by any such licensing or sub-licensing terms of such 3rd Party or 3rd Parties.
All trademarks, service marks, and trade names are proprietary to Fischer Block, Inc. or their respective owners that have granted Fischer Block, Inc. the right and license to use them. Please contact Fischer Block Inc for a listing of Fischer Block, Inc. trademarks and logos.