SW License Agreement

Please read this Wayne Inc. (“Wayne”) Software License Agreement (“this Agreement”) carefully before installing, copying, or using all or part of the Wayne’s Software (“Wayne Software”). 

This Agreement is legally binding between you and Wayne in relation to the Wayne Software stated in this Agreement.

By installing or using the Wayne Software, you understand and accept the terms of this Agreement electronically or non-electronically. If you do not agree to the terms of this Agreement, do not install or use the Wayne Software and delete or destroy any copies of the Wayne Software in your possession.

Use of the Wayne Software will be construed as an acknowledgment that you read, understood, and agreed to this Agreement.

Article 1 【Purpose】

The purpose of this Agreement is to stipulate the conditions, the procedures and other details necessary for you to use the Wayne Software.

Article 2 【Definitions】

① The following words and terms shall have the meanings set forth below when they are used in this Agreement.

(a) The “Wayne Software” means all the software such as program installer, operating system sold by Wayne or offered on the Wayne website (www.wayne-inc.com). The Wayne Software may include computer software, recording medium, prints, online or electronic documents with all execution files, data files, additional functions, user manual, help files, and other files.

(b) “You” or “Your” means an individual user or entities (unincorporated entities, corporations, businesses, NGOs, civic groups, educational organizations, quasi-government agencies, government agencies, state, etc.) that has installed, distributed or used part or all of the Wayne Software.

(c) “Use” means storing onto temporary memory or permanent memory Ram, removable storage device or other storage devices or all other acts to install, execute or display the Wayne Software.

(d) “Computer” means a desktop computer, notebook computer, server computer, local and client computer, IBM computer, MAC computer, Chromebook, tablet PC, etc., within the context.

(e) “Distributor” means someone who entered into a business partner contract on matters of handling or supplying such as exclusive distributors and resellers or someone who is granted a right from Wayne to sell the Wayne Software.

(f) “Removable Storage Device” means USB flash drive, Memory card, External/Portable Disk Drive, SSD, HDD, CD-ROM, Diskette, etc.

(g) “Personal Information” means the information about a live person used for recognizing a person by a name, resident registration number and a picture.

② Terms not defined in the Article 2.① will be governed by the Wayne Homepage or the applicable laws or regulations. Otherwise it shall be subject to the customary practice.

Article 3 【Intellectual Property Rights】

① All patents, copyrights, trade mark rights, and all other intellectual property rights of the Wayne Software (the “Intellectual Property Rights, etc.”) belong to Wayne and are protected under the applicable laws or regulations and international treaty.

② Installation, use or distribution of the Wayne Software does not constitute transfer of Intellectual Property Rights, etc., of the Wayne Software. You are simply granted a right to use the Wayne Software.

③ The permission of right to use in this Agreement shall not be interpreted as transfer or sale of the Intellectual Property Rights, etc., of the Wayne Software.

Article 4 【Open Source]

① The Wayne Software may include specific software utilizing open-source software or library. The license to the open-source software is granted to you in accordance with the terms and conditions of its proprietary applicable license.

② You may read the details including the terms and conditions of the individual licenses and relate documents, other data, indication of copyright, etc. on the open-source website of Wayne (www.wayne-inc.com gitlab.com/wayne-inc), which may be changed by the licensor of such a license without informing or notifying you.

③ In case there is any conflict between the terms and conditions of the license to the open-source software and those of this Agreement, the terms of the license to the open-source software shall prevail within the context.

④ You may receive a copy of the open-source file from the open-source website of Wayne in accordance with the terms and conditions of the license to the open-source software (you may receive a copy of the open-source file, not posted on the website as the case may be, through the contact information stated in this Agreement).

⑤ The open-source software, which is distributed for fair use, does not provide any warranty in any form including but not limited to an implied warranty on fitness for a particular purpose or on the possibility that it can be used for sale.

⑥ Wayne, the licensor of such an open-source license, distributors shall not be liable for any and all damages or losses arising out of your use of the open-source software to the fullest extent as permitted by the applicable laws, even if possibility of such damages or losses are or may be known in advance.

Article 5 【Your Rights and Responsibilities】

① You are granted from Wayne a non-exclusive right to use the Wayne Software during your use of the Wayne Software upon your agreement to the terms and conditions of this Agreement.

② You may use the Wayne Software for non-profit purposes on the Computers used for non-profit purposes.

③ You must obtain prior written consent from Wayne if you want to use the Wayne Software for the purpose other than nonprofits (for other purposes including business, fame, etc.). Wayne shall not be responsible for the consequences resulting from your use of the Wayne Software for the purpose other than nonprofits or from business activities with the Wayne Software. In the event that Wayne incurred any damages or losses due to your use of the Wayne Software for the purpose other than nonprofits or due to business activities with it, you shall indemnify Wayne for the damages or losses.

④ You shall not assign or give permission to a third party without the prior written consent of Wayne the right or the contractual status as a party hereto to achieve the right to use the Wayne Software.

⑤ You shall not use the Wayne Software to defame Wayne or a third party, produce obscene or anti-social products, or engage in any activity that may violate related laws or social trade rules.

⑥ You shall be responsible for all your acts and activities and you shall not engage in any activities that may be construed as if you are representing Wayne or doing on its behalf.

Article 6 【Other Restrictions】

① You shall not do any acts or infringing Intellectual Property Rights of the Wayne Software activities. However, producing secondary work by using the public source code on the open-source website of Wayne (www.wayne-inc.com gitlab.com/wayne-inc) is permitted if it doesn’t infringe the Wayne Software and Intellectual Property Rights of Wayne.

② You shall not remove from the any indication, mark or label showing Intellectual Property Rights of Wayne from the Wayne Software.

③ You shall not reverse engineer, decompile or disassemble the Wayne Software beyond the scope permitted by the relevant laws.

④ Except as expressly authorized under this Agreement, you shall not use, copy, translate, re-distribute, re-transmit, publish, sell, rent, lease, trade, resell, pledge, mortgage, transfer, revise, modify or expand all or part of the Wayne Software without the prior written consent of Wayne.

⑤ You cannot assign, donate or give as security to a third party the right to use the Wayne Software or the contractual status as a party hereto.

Article 7 【Limitation of Warranty and Wayne’s Indemnity】

① To the maximum extent permitted by the relevant laws or regulations, Wayne and Distributor shall not be liable to all and any damages or losses (including non-economic, consequential, incidental, indirect, special, economic, punitive damages or other similar damages, or losses relating to the loss of profits, loss of business opportunity, business interruption, damage to goodwill, shutdown or malfunction of computers, loss of business information or other commercial or pecuniary damages and losses) resulting from installation, use, malfunction of the Wayne Software including the followings:

(a) Malfunction or error in downloading the Wayne Software: Downloading the files of the Wayne Software may not be completed or done properly due to busy server or poor internet connection. In this case, you may have to download the Wayne Software again.

(b) Malfunction or error in installing the Wayne Software: The Wayne Software installer may not work properly due to OS compatibility issues, unsupported dll files missing, insufficient storage space or administrative access account issues. In the event of installer not running or showing error, please contact Wayne support. Also, you may need to make sure to login using the administrator account and not using guest account.

(c) Problem with capacity of Removable Storage Device where the Wayne Software is downloaded or installed in: When you downloaded the installation files of the Wayne Software, if the space on the Removable Storage Device where the installation files are stored is not enough or The hardware is not compatible with the Wayne Software, It may cause malfunction.

(d) Condition of Removable Storage Device where the Wayne Software is downloaded or installed in: if the Removable Storage Device condition is not good or if the Removable Storage Device is of low quality and slow read/write speed, you may experience a drop in performance while downloading or installing or running the Wayne Software. In this case, you may need to reinstall on a new or higher speed Removable Storage Device.

(e) Loss of data in Removable Storage Device: When you download or install the Wayne Software to the Removable Storage Device, it may be deleted or erased permanently the existing data stored in the Removable Storage Device or it may cause some errors when you run it later.

(f) Unplugging the Removable Storage Device: If you remove the Removable Storage Device while installing the Wayne Software in the Removable Storage Device or while the Wayne Software is being run on the Removable Storage Device or while the Removable Storage Device is being used on your PC, it may damage the Wayne Software and Removable Storage Device. Please shutdown the installing process, the Wayne Software or the Removable Storage Device function safely before removing the Removable Storage Device.

(g) Reduction of the Flash Memory’s life cycle: The Flash Memory has limited write/delete life cycle. If the Wayne Software is installed in the Flash Memory, it may decrease the relevant drive’s life cycle.

(h) Loss, deletion or destruction of data stored in the Computer where the Wayne Software is installed or executed: You may access another storage connected to your PC by using the special function in the Wayne Software. Thus, you may lose, delete or destruct Windows OS or data files stored in the storage connected to your PC.

(i) Malfunction or error in installing the Wayne Software through a third-party application: Please download or use the authentic installer provided on the Wayne’s website to download and install the Wayne Software. Using a non-genuine installer may lead to failure such as destruction of a Storage Device.

② Wayne and the Distributors of the Wayne Software (including their agents, employees and officers) hereby, disclaim any warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, Intellectual Property Rights or non-infringement against a third-party intellectual property rights, to the maximum extent permitted by applicable laws and regulations.

③ Wayne does not warrant that the features in the Wayne Software will satisfy your demands or that during your use of the Wayne Software, there will be no temporary interruptions or errors. Wayne disclaims all warranties, which may be disclaimed to the maximum extent permitted by applicable laws.

④ Wayne does not guarantee bug-fix and updates.

⑤ Wayne shall not be responsible for any problems arising from any computer hardware manufactured or any changes made to relevant applications after the release of the Wayne Software, nor for any loss or damage caused by viruses or harmful programs discovered after the release of the Wayne Software.

⑥ Wayne shall be entitled to make judgment on what feature may adversely affect the computer system or what programs, files, or components may adversely affect the computer system, provided that Wayne shall not be liable to you for any damages or losses of any kind whatsoever arising out of or in any way related to its error in judgment.

⑦ Wayne may provide you with advertisements, contents and other services for the Wayne Software or third-party service when you download, install, copy, use, upgrade the Wayne Software, provided that Articles 7① to ⑥ shall apply to such advertisements, contents, and other services.

Article 8 【Collection of information and privacy policy】

① Wayne takes your personal data seriously and complies with related laws such as “ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC.” or “PERSONAL INFORMATION PROTECTION ACT”.

② In order to improve quality and functions of the Wayne Software, Wayne shall be entitled to collect the data listed in the followings that may be discovered in the process of using the Wayne Software and Wayne website.

(a) Data including internet service provider, external & internal IP address of the Computer (for region checking), download time (immediately auto-saved in server), information of CPU, GPU, RAM, Local OS while downloading and installing the Wayne Software;

(b) Removable Storage Device’s serial number, manufacturer, model name, type, capacity if updating or downloading and storing the Wayne Software to the Removable Storage Device;  

(c) Release count, initial release date & time, last release date & time of the Wayne Software;

(d) Cookie and other information such as email and environment that you write when accessing Wayne website.

③ The data that may be collected by Wayne shall be stored on an anonymous basis according to privacy protection policy and no personal data other than those set forth in Article 8② shall be collected or disclosed to a third party.

Article 9 【Termination of Agreement】

① You may terminate this Agreement any time by permanently deleting or destroying the Wayne Software. In this case, according to Article 8, if Wayne collected your personal information, We inform you that it will be destroyed upon your request except the case that it should be preserved by applicable law.  

② Wayne may at any time terminate this Agreement if you fail to comply with any terms of this Agreement. In such case, you shall have to permanently delete or destroy the original, all copies and relevant components of the Wayne Software thereof.

③ In the event that you caused any damages to Wayne, Wayne shall be entitled to claim you for the damages without prejudice to termination of this Agreement.

④ In the event that critical circumstances occur, such as termination of Wayne business, making it impossible to continue providing download or service of the Wayne Software, Wayne shall be entitled to withdraw the grant of the license to use the Wayne Software and terminate this Agreement. 

Article 10 【Governing Law and Jurisdiction】

All and any disputes arising in connection with the use of the Wayne Software between you and Wayne shall be governed by the laws of the Republic of Korea. Any legal disputes related to this Agreement and the rights to use the Wayne Software shall be brought to the Seoul Central District Court of the Republic of Korea with the exclusive jurisdiction of first instance.

Article 11 【Entire Agreement】

① If any provision of this Agreement becomes invalid or unenforceable, such provision shall not invalidate the remaining provisions hereof. This Agreement constitutes the entire agreement between you and Wayne Inc. with respect to the use of this Agreement, and replaces all prior oral or written agreements, understandings, representations, advertisements and notices concerning the subject matters of this Agreement.

② This Agreement is originally written in Korean. For your convenience, Wayne may provide one or more translated versions of this Agreement. However, the Korean version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.

③ If you have any questions regarding this Agreement, please contact us at www.wayne-inc.com or at B1107, Multi-Complex Bldg., 119, Songdomunhwa-ro, Yeonsu-gu, Incheon, 21985, Republic of Korea

<Addenda>

Notification Date: This Agreement is notified on November 1, 2018.

Application Date: This Agreement shall enter into force on November 1, 2018.

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