The ULTIMATE in Equine Management Software
WiseOption
 
 
 
 
 

PLEASE READ THESE TERMS AND CONDITIONS
OF USE ("USER AGREEMENT") VERY CAREFULLY.

BY INSTALLING AND/OR RUNNING WISE OPTION EQUINE ENTERPRISE MANAGEMENT SOFTWARE ("WO Software"), YOU AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS.

WISE OPTION EQUINE ENTERPRISE MANAGEMENT SOFTWARE and RANCHMANAGERS HORSE EDITION SOFTWARE FOR THE PURPOSE OF THIS AGREEMENT SHALL MEAN THE SAME SOFTWARE PROGRAM.

Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by installing and/or running Wise Option Equine Enterprise Management Software (WO Software). These terms and conditions are subject to change without prior notice at any time, in WO's Software sole discretion. By installing or running Wise Option Equine Enterprise Management Software after a change has been posted into the Software, the Customer accepts that change. Customers should check this User Agreement and the Privacy Policy frequently. Your failure to check this agreement does not in any way relieve you of your responsibilities herein.

 

Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitutes a legal contract between you (either an individual or a single entity) and Wise Option, Inc. corporation that runs Wise Option Equine Enterprise Management Software ("WO Software"), which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by WISE OPTION INC. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of this license agreement. By installing, copying, downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this agreement and comply with all applicable laws and regulations, including US export and re-export control laws and regulations. If you do not agree to the terms, do not install or use the SOFTWARE PRODUCT.

For the purpose of this agreement, unless otherwise requires, the term "COMPANY", "you" or "your" shall relate to a customer or prospect of WO Software or any other party that install, run, download or otherwise uses the Software product (hereunder "customer"); references to WO Software shall relate to Wise Option Equine Enterprise Management Software and its affiliates.

Any claim relating to, and the use of, this Software is governed by the laws of the state of Texas without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Dallas, Texas to hear any such claims.

There are two ways of purchasing the License of Use of WO Software:

Purchase of 'Unlimited' time of use of WO Software, here described as 'LICENSE OF USE'; or

Purchase of a 'Limited' time of use of WO Software, here described as Application Service Provided (ASP).

TERMS AND CONDITIONS FOR 'LICENSE OF USE':

Software Product License
Wise Option Inc. grants you a license to install and run the Software Product. Thus, when you buy WO Software you acquire the right to use it for your personal purposes since it is not against the WO's Software policy.

Access and Interference
Any unauthorized use of the Software terminates the license granted by Wise Option Inc., but does not relieve you of the liabilities and/or damages provided for herein.

You may not use any Wise Option logo or other proprietary graphic or trademark as part of the link without express written permission.

You may not waive Wise Option identification from any kind of report.

Applications Software

You may install and/or run in one computer server one copy of the Software Product. You may share through multiple terminals a license of WO Software, but limited to one license per facility, subject to restrictions applicable in this license agreement.

It is customer responsibility follow Microsoft instructions and recommendation to set up network.

It is also customer responsibility the maintenance of data backups.

Storage/Network Use
The WO Software is purchased for network version, but it is not included consulting services to set up the network. Instructions in how to set up the network will be available.

You may also store or install a copy of the Software Product on a storage device, such as a network server, used only to run the Software Product on your other computers over an internal network.

A license for the Software Product may be shared or used concurrently on different computers, subject to restrictions preview in this license agreement.

Reservation of Rights
All rights not expressly granted are reserved by Wise Option, Inc.

Limitations Notwithstanding other sections of this license agreement, your use of the Software Product is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the Software Product.

You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.

This license agreement does not grant you any rights in connection with any trademarks or service marks of Wise Option.

You may not rent, lease, or lend the Software Product.

Use Restrictions
The copyright in all material provided on this Software is held by Eduardo Almeida. Thus, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the copyright owner. Permission is granted to install, run and download materials on this Software for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any installed, downloaded or printed materials. Any unauthorized use of the Software may violate copyright laws and trademark laws.

Software Transfer
The initial licensee of the Software Product may make a one-time permanent transfer of this agreement and Software Product only directly to an end user. This transfer must include all of the Software Product (including all component parts, the media and printed materials, any upgrades, this agreement, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this license agreement, including the obligation not to further transfer this license agreement and Software Product.

Subscription Plan
By purchasing Wise Option Equine Enterprise Management Software you DO NOT receive a period of subscription plan free, which is composed by (a) SUPPORT SERVICES plus (b) UPDATES WITH ENHANCEMENTS. To become a member of the 'Subscription Plan' you must enroll to that plan and pay the charges at the practiced price at that time.

Wise Option team is going to have the final decision whether adopt or not users' suggestions under subscription plan.

Wise Option customers are not required to subscribe to subscription plan to run WO Software.

(a) SUPPORT SERVICES
Wise Option Inc. may provide you with support services through telephone support related to the Software Product ("Support Services") in order to clarify questions and doubts related to the use of the software as long as not covered by the manual. Use of Support Services is governed by the Wise Option policies and programs described in the user manual, in "online" documentation, and/or in other Wise Option-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this agreement.

With respect to technical information you provide to Wise Option Inc. as part of the Support Services, Wise Option Inc. may use such information for its business purposes, including for product support and development. Wise Option Inc. will not utilize such technical information in a form that personally identifies you.

As a member of the 'Subscription Plan', the telephone support is included up to 2 hours per month (Office hours); longer periods will be charged separately.

Support Rates for extra hours or support provided to users out of the Subscription Plan:

Office hours: $125/hour (weekdays from 8am - 5pm Central Time)

After hours: $180/hour (weekdays from 5pm - 10pm Central Time, weekends and holidays from 8am-10pm Central Time)

Emergency: $210/hour (10pm - 8am Central Time)

The call back from the telephone support will be provided based upon the receiving calls solicitation.

Data Base Repair/Recover is charged separately and prices vary according to hours needed to address the problem. Individual bids are going to be provided upon customer request. For bid preparation consider support rates above mentioned.

Network diagnosis, configuration, set ups, reviews, optimization, management, warranty are not included by the subscription plan. All sorts of network services shall be performed by customers or designated professionals. Consult Wise Option material for instructions.

Support Services is not a tool. Some procedures during the support service may require skills further than basic computer knowledge. For that reason it might be required contact to your service provider instead of end users.

(b) UPDATES WITH ENHANCEMENTS
Updates with enhancements refers to improvements apply to the software such as new features, reports, forms and modules.

Wise Option Inc. may sell update versions case you do not want to participate to the Subscription Plan. Prices and promotions should be checked with Sales Department at the time you want to purchase an update.

Customers assume the responsibility of testing the update version before the expiration date inside the "update version" label.

Wise Option customers assume total responsibility to maintain backup before any update. No remedies, warranties, liability apply to Wise Option Inc.

Optional Service
Wise Option Inc. offers, as an optional service, the Subscription Plan, upon which a fee will be charged. Consult the sales representative for more details.

Wise Option users who had discontinued as member of subscription plan after a period of time without using it and decide to reenroll later can either:

(i) Pay all months from the last payment to the month of reinstall enrollment plus a twenty five dollars ($25,00) fee per month; or
(ii) Purchase an update of Wise Option Equine Enterprise Management Software, and then enroll to the Subscription Plan. A conversion fee to migrate data from an old version to a new version is charged separately, when that is needed. Consult sales representative for more details.

Installment Plans
Wise Option customers that made the option for the installment plan to purchase WO Software, when available, agree to use the WO Software as trial version until the full payment of the value due.

Upgrades
If the Software Product is labeled as an upgrade, you must be properly licensed to use a product identified by Wise Option Inc. as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this license agreement. If the Software Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

Service Fees and Late Fees
Over thirty (30) days from due date a service fee will be charge (approx. 18%) plus a late fee of twenty five ($25,00) dollars per month.

Termination
Without prejudice to any other rights, Wise Option Inc. may terminate this agreement if you fail to comply with the terms and conditions of this license agreement. In such event, you must destroy all copies of the Software Product and all of its component parts.

Copyright
All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, updates with enhancements, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Eduardo Almeida. All titles and intellectual property rights in and to the content that may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license agreement grants you no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.

MODIFICATIONS TO PRODUCT.
Wise Option retains the right during to modify, revise, or remove the Product from COMPANY's premises. COMPANY acknowledges that Wise Option shall be entitled to ownership of any modifications, derivative works, changes, expansions or improvements to Product.

Dual-Media Software
You may receive the Software Product in more than one media. Regardless of the type or size of media you receive, you may use only one media that is appropriate for your single computer. You may not run the other media on another computer. You may not loan, rent, lease, or otherwise transfer the other media to another user, except as part of the permanent transfer (as provided above) of the Software Product.

Backup Copy
After installation of one copy of the Software Product pursuant to this license agreement, you may keep the original media on which the Software Product was provided by Wise Option Inc. solely for backup or archival purposes. If the original media is required to use the Software Product on the computer, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this license agreement, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WISE OPTION INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SOFTWARE, EVEN IF WISE OPTION INC. OR A WISE OPTION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SOFTWARE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

WARRANTY DISCLAIMER.
THE PRODUCT IS PROVIDED "AS IS". WISE OPTION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT. COMPANY WILL USE THE PRODUCT AT ITS OWN RISK. WISE OPTION SHALL NOT BE LIABLE TO COMPANY FOR ANY DIRECT OR INDIRECT DAMAGES INCURRED IN USING THE PRODUCT. IN NO EVENT SHALL WISE OPTION BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, UNDER ANY PART OF THIS AGREEMENT, EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy
Please review our Privacy Policy, which also governs your use of the WO Software.

Communications to Wise Option Inc.
Any communication or material you transmit to the Wise Option Inc. by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Wise Option Inc. for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Wise Option Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Wise Option Inc. for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Refund & Return Policies

(i) Random returns will not be accepted. Refunds will not be issued without prior approval of the return.
(ii) It is an industry standard that software programs are not refunded. All software downloaded from our Website or received through CD arrives in trial version and will be converted to full version only upon payment in full. For this reason, we will neither refund returned packages nor downloaded programs, once conversion codes (key codes) have been provided.
(iii) In case of financial plan, the customer is entitled to stopping payment. However, the payment done is seen as temporary permission of using the software.
(iv) Wise Option Inc. provides a refund period of 30 days after the first payment.
(v) Wise Option Inc. takes great care in the handling of CD's and test each individual one before mailing. If your CD arrives damaged, or in the unlikely chance, your CD is faulty, we will replace it. If such damage or flaw is not reported within 10 days from the date of shipping, we will assume the software arrived intact and functions as expected. We will not replace materials under these conditions beyond 10 days of purchase.
(vi) Wise Option Inc. does not replace outdated versions with current versions. We are not responsible for replacing outdated software purchased from a retailer. We notify our dealers when upgrades become available. Therefore, keeping current versions of our software stocked in any establishment is the responsibility of the dealer.
(vii) Wise Option Inc. does not program any so-called "bug" or expiration features in licensed version in our software that would cause it to malfunction or stop running after a predetermined time. If any version of our software, no matter how old, reverts to demonstration mode, it will have happened due to a change in the user's operating system, a power surge, the software being reinstalled, or network issues. Upon proof of purchase, we will ALWAYS provide a conversion code (key code) to get your program out of trial. If you begin to experience problems with a previous version after having used it without problems for an appropriate amount of time, it cannot be replaced.

U.S. Government Restricted Rights
All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

Miscellaneous
Customers agree with the presence of WO Software brand on every printed material produce by the software.

Customers under the Subscription Plan do not have right to new applications releases in the Wise Option family. New modules will be available to users for an extra charge.

Arbitration
By installing and/or running WO Software, you agree with Wise Option service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer of goods or services on this Software, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 USC Sections 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 USC Sections 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Dallas, Texas. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Warranty
Wise Option customers are granted a warranty of thirty (30) days by purchasing the license of the software.

Wise Option customers are granted a warranty of seven (07) days for the updated version.

Limited Warranty
WISE OPTION INC. warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt, and (b) any Support Services provided by WISE OPTION INC. shall be substantially as described in applicable written materials provided to you by WISE OPTION INC. in the Subscription Plan as already described, and WISE OPTION support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days.

Customer Remedies
Wise Option' Inc. and its suppliers' entire liability and your exclusive remedy shall be, at Wise Option' Inc. option, either (a) return of the price paid, if any, or (b) repair or replacement of the Software Product that does not meet Wise Option' Inc. Limited Warranty and which is returned to Wise Option Inc. with a copy of your receipt. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Wise Option Inc. are available without proof of purchase from an authorized international source.

No Other Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISE OPTION AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY THE CUSTOMER. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE CUSTOMER AND NOT THE VENDOR ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Wise Option Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or the provision of or failure to provide Support Services, even if Wise Option Inc. has been advised of the possibility of such damages. In any case, Wise Option' Inc. entire liability under any provision of this License Agreement shall be limited to the greater of the amount actually paid by you for the Software Product or U.S. $100.00; provided, however, if you have entered into a Wise Option Support Services Agreement, Wise Option' Inc. entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not install and/or run this Software.

 

TERMS AND CONDITIONS FOR ASP:

Application Service Provider (ASP) is the term given to users leasing WO Software for a certain period of time. Different from those, who buy the 'Unlimited Time of Use' license.

This License Agreement is valid for the period presented on the last invoice/payment you contract to use WO Software under the ASP model.

LICENSE.
COMPANY will have a temporary non-transferable right and license to use WO Software, which may include any of the following: computer hardware, software programs (including all updates and revisions), associated documentation, other products and all reports, testing data or results, feedback, benchmarking or other analysis completed in whole or in part in conjunction with usage of the Product. COMPANY shall not lease, sublicense, assign or otherwise transfer or dispose of the Product. COMPANY will not move or relocate the Product from the location set forth in the attached Schedule of Products without Wise Option Inc. prior written approval.

TERM.
The ASP begins when the COMPANY officially request the Product by any means, AND NOT when it is installed at COMPANY'S premises. At the conclusion of the ASP, COMPANY agrees to surrender the Product to Wise Option unless COMPANY has entered into a separate agreement with Wise Option to purchase or lease the Product.

OWNERSHIP.
Ownership of and title to the Product shall remain with Wise Option at all times. COMPANY will not represent or assert any ownership interest in the Product. COMPANY will keep the Product free of liens, attachments and other encumbrances.

LIMITATIONS ON USE.
COMPANY may only use the Product for keeping records and testing purposes. COMPANY shall not use the Product, nor any information gained from such use, for the purpose of designing or developing, or authorizing or assisting others in designing or developing computer systems, including related software. COMPANY shall not reverse engineer, decompile or disassemble the Product to learn information about the internal architecture, design, operation, manufacture, features, or functionality of the Product. COMPANY agrees that Wise Option may audit COMPANY to ensure compliance with this Agreement.

SECURE ENVIRONMENT.
COMPANY agrees to keep the Product in a secure environment with access limited to COMPANY 's employees in accordance with the NDA. COMPANY also agrees to maintain physical control of the Product and keep the Product at the location set forth in the attached Schedule of Products.

WARRANTY DISCLAIMER.
THE PRODUCT IS PROVIDED "AS IS". WISE OPTION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT. COMPANY WILL USE THE PRODUCT AT ITS OWN RISK. WISE OPTION SHALL NOT BE LIABLE TO COMPANY FOR ANY DIRECT OR INDIRECT DAMAGES INCURRED IN USING THE PRODUCT. IN NO EVENT SHALL WISE OPTION BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, UNDER ANY PART OF THIS AGREEMENT, EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

INTELLECTUAL PROPERTY RIGHTS.
COMPANY understands and acknowledges that, except for the limited rights expressly granted in this Agreement, no license, express or implied, by estoppel, inducement, or otherwise, to any Wise Option patents, copyrights, trade secrets or other intellectual property rights is granted by this Agreement.

USE OF TRADEMARKS.
COMPANY will not use the name of Wise Option nor any Wise Option trademarks, trade names, service marks, or quote the opinion of any Wise Option employee in any advertising or otherwise without first obtaining the prior written consent of Wise Option.

MODIFICATIONS TO PRODUCT.
Wise Option retains the right during to modify, revise, or remove the Product from COMPANY's premises. COMPANY acknowledges that Wise Option shall be entitled to ownership of any modifications, derivative works, changes, expansions or improvements to Product.

TERMINATION.
COMPANY may terminate the ASP and the license granted hereunder at any time upon written notice and the surrender of the Product to Wise Option. Wise Option may terminate this Agreement upon written notice to the other party; however, all obligations of confidentiality will survive termination of this Agreement for any reason. Upon termination, COMPANY shall promptly return the Product as directed by Wise Option in the same condition as when delivered, reasonable wear and tear expected. Prior to termination, Wise Option may request that the Product be returned to Wise Option and COMPANY agrees to promptly comply with such request.

Total or Partial Refund is not available case the termination is requested by the COMPANY. In case of termination requested by Wise Option Inc., solely Wise Option Inc. has the right to decide about refunds.

PRE-RELEASE FEATURES.
The Product may include pre-release features and capabilities which may not be available in Wise Option's generally available commercial versions of the Product. Wise Option does not guarantee that the Product will ever be made generally available or that all features and capabilities will be included if made generally available.

GENERAL.
This Agreement is governed by the laws of the State of Texas. If any provision of this Agreement is void or unenforceable, the parties agree to delete it and agree that the remainder of this Agreement will continue to be in effect. This Agreement contains the entire agreement of the parties with respect to this subject matter and may not be modified or changed in any manner except by a writing duly executed by the parties. All prior discussions and negotiations are superseded by this Agreement.

Access and Interference
Any unauthorized use of the Software terminates the license granted by Wise Option Inc., but does not relieve you of the liabilities and/or damages provided for herein.

You may not use any Wise Option logo or other proprietary graphic or trademark as part of the link without express written permission.

You may not waive Wise Option identification from any kind of report.

Applications Software
You may install and/or run in one computer server one copy of the Software Product. You may share through multiple terminals a license of WO Software, but limited to one license per facility, subject to restrictions applicable in this license agreement.

It is customer responsibility follow Microsoft instructions and recommendation to set up network.

It is also customer responsibility the maintenance of data backups.

Storage/Network Use
The WO Software is available for network version, but it is not included consulting services to set up the network. Instructions in how to set up the network will be available.

Reservation of Rights
All rights not expressly granted are reserved by Wise Option, Inc.

Limitations
Notwithstanding other sections of this license agreement, your use of the Software Product is limited to use for demonstration, test, or evaluation purposes and you may not resell, lease, rent, or otherwise transfer the period for value, the Software Product.

You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.

This license agreement does not grant you any rights in connection with any trademarks or service marks of Wise Option.

You may not rent, lease, or lend the Software Product.

Use Restrictions
The copyright in all material provided on this Software is held by Eduardo Almeida. Thus, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the copyright owner. Permission is granted to install, run and download materials on this Software for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any installed, downloaded or printed materials. Any unauthorized use of the Software may violate copyright laws and trademark laws.

Software Transfer
It is not allowed transfer of this agreement and Software Product to another end user or company.

Subscription Plan
By contracting Wise Option Equine Enterprise Management Software you DO HAVE to the Subscription Plan as well, which is composed by (a) SUPPORT SERVICES plus (b) UPDATES WITH ENHANCEMENTS.

Wise Option team is going to have the final decision whether adopt or not users' suggestions under subscription plan.

(a) SUPPORT SERVICES
Wise Option Inc. may provide you with support services through telephone support related to the Software Product ("Support Services") in order to clarify questions and doubts related to the use of the software as long as not covered by the manual. Use of Support Services is governed by the Wise Option policies and programs described in the user manual, in "online" documentation, and/or in other Wise Option-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this agreement.

With respect to technical information you provide to Wise Option Inc. as part of the Support Services, Wise Option Inc. may use such information for its business purposes, including for product support and development. Wise Option Inc. will not utilize such technical information in a form that personally identifies you.

As a member of the 'Subscription Plan', the telephone support is included for 1 hour per month (Office hours); longer periods will be charged separately. For 'Breeders - Unlimited Number of Horses, 2 hours of telephone support is included (instead of 1 hour).

Support Rates for extra hours or support provided to users out of the Subscription Plan:

Office hours: $125/hour (weekdays from 8am - 5pm Central Time)

After hours: $180/hour (weekdays from 5pm - 10pm Central Time, weekends and holidays from 8am-10pm Central Time)

Emergency: $210/hour (10pm - 8am Central Time)

The call back from the telephone support will be provided based upon the receiving calls solicitation.

Installation fee, and/or Data Base Repair/Recover is charged separately and prices vary according to hours needed to address the problem. Individual bids are going to be provided upon customer request. For bid preparation consider support rates above mentioned.

Network diagnosis, configuration, set ups, reviews, optimization, management, warranty are not included by the subscription plan. All sorts of network services shall be performed by customers or designated professionals. Consult Wise Option material for instructions.

Support Services is not a tool. Some procedures during the support service may require skills further than basic computer knowledge. For that reason it might be required contact to your service provider instead of end users.

(b) UPDATES WITH ENHANCEMENTS
Updates with enhancements refers to improvements apply to the software such as new features, reports, forms and modules.

Customers assume the responsibility of testing the update version before the expiration date inside the "update version" label.

Wise Option customers assume total responsibility to maintain backup before any update. No remedies, warranties, liability apply to Wise Option Inc.

Upgrades
If you decide to upgrade the option you are currently using, first a calculation is made to find the amount due based on the current prices and new options you make. Then, a credit is proportionally applied to that amount, taking in account the number of days left to the end of your current contract, but for the price paid at the time you contract the services.

Service Fees and Late Fees
Over thirty (30) days from due date a service fee will be charge (approx. 18%) plus a late fee of twenty five ($25.00) dollars per month.

Copyright
All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, updates with enhancements, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Eduardo Almeida. All titles and intellectual property rights in and to the content that may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license agreement grants you no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.

MODIFICATIONS TO PRODUCT.
Wise Option retains the right during to modify, revise, or remove the Product from COMPANY's premises. COMPANY acknowledges that Wise Option shall be entitled to ownership of any modifications, derivative works, changes, expansions or improvements to Product.

Dual-Media Software
You may receive the Software Product in more than one media. Regardless of the type or size of media you receive, you may use only one media that is appropriate for your single computer. You may not run the other media on another computer. You may not loan, rent, lease, or otherwise transfer the other media to another user, except as part of the permanent transfer (as provided above) of the Software Product.

Privacy
Please review our Privacy Policy, which also governs your use of the WO Software.

Communications to Wise Option Inc.
Any communication or material you transmit to the Wise Option Inc. by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Wise Option Inc. for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Wise Option Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Wise Option Inc. for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

U.S. Government Restricted Rights
All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

Miscellaneous
Customers agree with the presence of WO Software brand on every printed material produce by the software.

Customers under the Subscription Plan do not have right to new applications releases in the Wise Option family. New modules will be available to users for an extra charge.

Arbitration
By installing and/or running WO Software, you agree with Wise Option service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer of goods or services on this Software, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 USC Sections 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 USC Sections 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Dallas, Texas. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Warranty
Wise Option customers are granted a warranty of thirty (30) days by purchasing the license of the software.

Wise Option customers are granted a warranty of seven (07) days for the updated version.

Limited Warranty
WISE OPTION INC. warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt, and (b) any Support Services provided by WISE OPTION INC. shall be substantially as described in applicable written materials provided to you by WISE OPTION INC. in the Subscription Plan as already described, and WISE OPTION support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days.

Customer Remedies
Wise Option' Inc. and its suppliers' entire liability and your exclusive remedy shall be, at Wise Option' Inc. option, either (a) return of the price paid, if any, or (b) repair or replacement of the Software Product that does not meet Wise Option' Inc. Limited Warranty and which is returned to Wise Option Inc. with a copy of your receipt. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Wise Option Inc. are available without proof of purchase from an authorized international source.

No Other Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISE OPTION AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY THE CUSTOMER. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE CUSTOMER AND NOT THE VENDOR ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Wise Option Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or the provision of or failure to provide Support Services, even if Wise Option Inc. has been advised of the possibility of such damages. In any case, Wise Option' Inc. entire liability under any provision of this License Agreement shall be limited to the greater of the amount actually paid by you for the Software Product or U.S. $100.00; provided, however, if you have entered into a Wise Option Support Services Agreement, Wise Option' Inc. entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not install and/or run this Software.


Wise Option, Inc.