Name: VIP Suite - Official app in the Microsoft Store
Author: VIP Services

VIP Suite

VIP Services

Business

Free

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VIP Services® – A new way to troubleshoot Created by Wunderlich-Malec, VIP Services® is designed for engineers, technicians, and operations as they go about their workday. VIP Services helps accomplish two major objectives faced by virtually all manufacturing and industrial personnel today: improving efficiency and increasing productivity.

VIP Services® – A new way to troubleshoot
Created by Wunderlich-Malec, VIP Services® is designed for engineers, technicians, and operations as they go about their workday. VIP Services helps accomplish two major objectives faced by virtually all manufacturing and industrial personnel today: improving efficiency and increasing productivity.

4/5/2017 6:06:57 PM

3/12/2022 11:16:12 AM

VIP SERVICES END-USER LICENSE AGREEMENT (EULA) IMPORTANT - READ CAREFULLY 1. This VIP Services End-User License Agreement (the "Agreement") is a legal agreement between Wunderlich-Malec Engineering, Inc., a Minnesota corporation with a business address at 5501 Feltl Road, Minnetonka, Minnesota 55343 (“Wunderlich-Malec”) and you (hereinafter, “you”, “You” or “your” or “Licensee” or “licensee”), the licensee of VIP Services Software offered by Wunderlich-Malec or services from Wunderlich-Malec (“Services”) or purchaser or lessee of hardware (“Hardware”) (such Software, Services, Hardware, and all documentation, are collectively referred to herein as the "Products"). BY DOING ANY OF THE FOLLOWING, YOU AGREE TO AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT: (A) SIGNING THIS AGREEMENT, (B) DOWNLOADING OR INSTALLING THE SOFTWARE OR (C) INSTALLING OR USING THE HARDWARE. If you do not accept, or are not authorized to accept the terms and conditions of this Agreement, then you should not install or use the Software or Hardware and should immediately remove any installed Software and Hardware from your property, and return all Products to Wunderlich-Malec for a full refund. The license granted herein shall be effective and valid only if you have obtained the Products directly from either (i) Wunderlich-Malec, Inc., (ii) an authorized Wunderlich-Malec reseller, or (iii) an authorized Wunderlich-Malec distributor, and the installation and use of any Products obtained from any other entity, or by any other method, shall constitute unauthorized installation and use and is not licensed hereunder. The “Effective Date” of this Agreement is the earlier of the date of execution hereof or the date of installation of the Software or Hardware. 2. GRANT OF LICENSE. 2.1 Subject to the terms and conditions of this Agreement, and only to the extent you have paid Wunderlich-Malec or an authorized Wunderlich-Malec reseller or distributor for the Product, Wunderlich-Malec grants you a limited non-exclusive, non-sublicenseable, non-transferable personal license to install, use and execute the Software, in compliance with the number of Keys you have been issued and for which you have paid, during the term of this Agreement for internal business use within a single plant or facility and for contracted points of interest (“POIs”) at any given time, and solely for your benefit, and not for resale, sublicense, leasing, renting, time sharing, or providing hosted services to third-parties (the “License”). Any use of the Software for the benefit of third parties shall constitute unlicensed infringing use, is beyond the scope of the License granted, and shall be in violation of this Agreement. If the Software is embedded or was otherwise installed on hardware when obtained by you, the License provided herein is limited to use on that particular piece of hardware and transfer to other hardware shall constitute unlicensed, infringing use, is beyond the scope of the License and shall be in violation of this Agreement. 2.2 The term “Software” shall include any upgrades, updates, bug fixes or modified versions (other than “New Versions” as defined below) that in each case have been released by Wunderlich-Malec to its existing customers (“Upgrades”), provided you hold a valid license to the original Software and have paid any applicable fee for Upgrades. In Wunderlich-Malec’s sole discretion, Wunderlich-Malec may classify a new release of the Software as a “New Version.” In order to acquire a license to a New Version, you must pay the appropriate licensing or maintenance fees associated with such New Version. From time to time Wunderlich-Malec may, in its sole discretion, designate some Upgrades, releases, or New Versions to be “Mandatory Upgrades” and Wunderlich-Malec will provide and license such Mandatory Upgrades to you at no charge. The Mandatory Upgrade shall replace the Software previously provided and shall be considered Software for all purposes hereunder. The substitution shall have no effect on the rights and obligations of the parties under this Agreement, provided that the previously provided Software shall no longer be considered licensed Software under this Agreement and you agree to cease use thereof promptly upon Wunderlich-Malec’s release of the Mandatory Upgrade. The substitution of the Software shall not expand or reset the time period of the limited warranty under this Agreement. You agree to promptly accept and install all Mandatory Upgrades that are provided by Wunderlich-Malec. All limitations of liability, exclusions, limitations of warranty and reservations of rights, as well as all terms of Sections 1, 3, 4.4, 6, 7, 7.1 – 7.3, and 9 – 21 of this Agreement, shall continue in effect for both the software that predated the Mandatory Upgrade and the Software as substituted. There may be legal or technical reasons for the issuance of a Mandatory Upgrade (which may not be made known to you), and you agree to defend, indemnify, and hold harmless Wunderlich-Malec against any claims, losses, and damages arising in connection with your failure to cease use of the software that the Mandatory Upgrade replaces. 2.3 You acknowledge that some of the rights granted in the License may be in the nature of a sublicense to install, use and execute certain components of the Software that are licensed to Wunderlich-Malec from third parties and that are subject to the terms and conditions imposed by such third parties to the extent you are advised of or have reason to know of such terms. You acknowledge that certain components provided for use with the Software may be covered by so-called “open source” software licenses, such as, by way of non-limiting example, the GNU General Public License and other similar licenses (“Open Source Deliverables”). Wunderlich-Malec will provide a list of Open Source Deliverables for a particular version of the Software upon your request. To the limited extent required by the licenses covering Open Source Deliverables, the terms of such licenses will apply to the Open Source Deliverables in lieu of the terms of this Agreement. To the extent the terms of the licenses applicable to Open Source Deliverables prohibit any of the restrictions in this Agreement with respect to such Open Source Deliverables, such restrictions will not apply to such Open Source Deliverables. 2.4 “Key” refers to the unique registration code as defined in the commercial terms of the order form or other underlying agreement for Products provided by Wunderlich-Malec or Wunderlich-Malec’s authorized resellers or distributors (which are incorporated by this reference), to enable licensees to use the Software. The Software may be installed and used only in accord with the number of Keys which you have received from Wunderlich-Malec or an authorized distributor and for which you have paid. Any use of the Key(s), and any disclosure of the Key(s), to any person or entity other than you is strictly prohibited, except for disclosure to and use of the Key(s) by such of your employees that have a need to know and use the Key(s) for your licensed use of the Software hereunder and which employees have agreed to be bound by the terms of this Agreement. The Key(s) shall be treated as Confidential Information pursuant to Section 9 hereof. Use of a single Key on more than one installation or on a shared installation, or attempting to “crack” the key or bypass the Key system, is considered an exceeding of your authorization to access the computers involved and is a violation of the Federal Computer Fraud and Abuse Act. 3. RESERVATION OF RIGHTS. Except for the limited license rights expressly granted in this Agreement, Wunderlich-Malec reserves all right, title and interest in and to the Software and documentation and any modifications thereto, including, without limitation, all trademark, copyright, patent, trade secret and all other rights and interests. All Software provided hereunder is licensed and not sold. Title and ownership of the Hardware (but not Software embedded in the Hardware and not any media on which Software may be provided) shall transfer to you upon full payment therefor. 4. WARRANTIES 4.1 WARRANTY DISCLAIMERS. The warranties provided by Wunderlich-Malec expressly exclude and do not cover or otherwise apply to (i) Products that have been subjected to misuse, tampering, modification, experimentation, alteration, negligence, faulty installation; (ii) initial installation, installation and removal of the Product for repair, and shipping costs; (iii) configuration of the Product; (iv) failures or error due to power surge, cosmetic damage, and damage that occur due to acts of God; (v) any hardware, software, firmware or other materials or services provided by anyone other than Wunderlich-Malec; (vi) repair by anyone other than Wunderlich-Malec or Wunderlich- Malec’s authorized representative, (vii) Products used beyond the scope of the License or (viii) Software used in connection with a duplicated Key, a Key for which you have not paid, or a Key obtained from a source other than directly from Wunderlich- Malec or its authorized reseller or distributor. You acknowledge that you are solely responsible for your selection and use of the Products. YOU ACKNOWLEDGE AND AGREE THAT, WUNDERLICH-MALEC HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE CONCERNING THE SOFTWARE OR THE SERVICES, OR ANY OTHER HARDWARE OR PRODUCTS, AND TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WUNDERLICH MALEC HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES CONCERNING SUCH SOFTWARE, HARDWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION.

https://www.wmeng.com/vip-services/privacy-policy/