| LICENSE AGREEMENT for ProgeSOFT PRODUCTS AND SERVICES
PLEASE NOTE: Before using the software, whether downloaded from the Internet, packaged or in other shape. Please read carefully the term and conditions of the following agreement. The use of the software automatically implies the acceptance of the terms and conditions relative to this licence agreement. Should you not agree with such terms and conditions, please return immediately the unopened packaged together with all relative documents or refrain from downloading the software from the Internet, or refrain from installing and using this software. Proof of right of use: This agreement is proof that you are in possession of a licence for the use of the Program. Please print this document and keep it in a safe place together with the receipt or the cash slip relative to any payment of the licence fee. In future you may be asked to present evidence of being the owner of a licence for the Program. To this purpose, all data given during registration and input during installation are essential for the identification the owner of the licence of use. Only the person to which this data refers is the owner of the licence for use and has the right to use this software. Ownership: ProgeSOFT remains the owner of the Program. ProgeSOFT and/or its subsidiaries (hereinafter collectively denominated “ProgeSOFT”) are the owners of the exclusive rights to the Program and to the relative IT support and manual of use, both in the printed and in the on-line version. THE PROGRAM IS A PRODUCT WHICH IS THE EXCLUSIVE PROPERTY OF PROGESOFT AND IS PROTECTED BY THE LAWS RELATIVE TO COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS. THE PROPERTY OF THE PROGRAM AND OF ANY COPY THEREOF WILL ALWAYS BELONG EXCLUSIVELY TO PROGESOFT. THIS LICENCE DOES NOT IN ANY WAY IMPLY THE SALE OF THE PROGRAM AND NO WORDING HEREIN CAN BE INTERPRETED AS PERMITTING THE TRANSFER OF ANY RIGHT OF OWNERSHIP IN THE PROGRAM. This licence agreement defines your rights, which you must observe. Ownership: ProgeSOFT remains the owner of the Program. ProgeSOFT and/or its subsidiaries (hereinafter collectively denominated “ProgeSOFT”) are the owners of the exclusive rights to the Program and to the relative IT support and manual of use, both in the printed and in the on-line version. THE PROGRAM IS A PRODUCT WHICH IS THE EXCLUSIVE PROPERTY OF PROGESOFT AND IS PROTECTED BY THE LAWS RELATIVE TO COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS. THE PROPERTY OF THE PROGRAM AND OF ANY COPY THEREOF WILL ALWAYS BELONG EXCLUSIVELY TO PROGESOFT. THIS LICENCE DOES NOT IN ANY WAY IMPLY THE SALE OF THE PROGRAM AND NO WORDING HEREIN CAN BE INTERPRETED AS PERMITTING THE TRANSFER OF ANY RIGHT OF OWNERSHIP IN THE PROGRAM. This licence agreement defines your rights, which you must observe. Right of licence: ProgeSOFT hereby grants you the right to use only one copy of the Program for the type of computer and the operative system for which the Program was devised. If you own several licenses for the Program, then you can use as many copies of the Program as the number of licences you own. If the number of people using the Program at the same time could exceed the number of licences you own, you will need to make sure that the number of people using the Program at the same time does not exceed the number of licences you own. By "use of Program" is meant every time the Program or part thereof is loaded into the computer’s memory for use purpose. ProgeSOFT reserves the right to install a safety device which allows that the Program is lawfully used in order to verify that you comply with the obligations taken with this agreement. Such safety device can record all data relative to the use of the Program and the number of times this has been duplicated, or it can communicate with ProgeSOFT computers by means of any direct communication connection in order to transfer the data relative to the use of the Program and the number of times this has been duplicated. ProgeSOFT reserves the right to use a blocking device, a program for the management of the licence and/or a code to check access to the Program. You are not authorised to do anything in order to neutralise said devices, either directly or partially. The use of the Program without the blocking devices or the access keys is absolutely forbidden. Updates: If you have requested a licence for the Program in order to improve or update a previous version of the same Program, said Program can only be used to substitute the previous version and the licence therefor does not constitute an additional licence of use. This Program and the previous version thereof cannot be used separately or transferred to a third party. You are authorised to copy the Program in any format which is either mechanically readable or in print, whenever this is necessary for saving purposes to support your use thereof. Limitations to your right of use: You are not authorised to lease, share or loan, even free of charge, the Program. You are not authorised to examine, change, incorporate in any other program, re-convert the original source code, decode, de-compile or disassemble the Program with the exception of the cases and with the limitations provided for by the law. You are not authorised to remove or hide ProgeSOFT trademarks or any wording relative to ownership. Duration of the agreement: This licence agreement for use is valid for an indefinite period of time up to when you withdraw from said agreement or when the same is rescinded. The agreement will be automatically rescinded in the event that you become in breach of any of its terms or conditions or if you do not pay in due course the relative licence fee. You can withdraw at any moment simply by destroying all the copies of the Program in your hands. Upon termination of the agreement you undertake to destroy all the copies of the Program in your hands. Guarantees and relative rights: ProgeSOFT guarantees for a period of 30 days from the date of delivery that, as they are supplied and under normal usage, the supports for data storage on which the Program is supplied are devoid of any fault as far as materials and manufacture are concerned. PROGESOFT DOES NOT GIVE ANY FURTHER GUARANTEE AND, IN PARTICULAR, DOES NOT GUARANTEE THAT THE PROGRAM DOES NOT CONTAIN ANY FAULTS OR OPERATING DEFECTS AND THAT IT IS SUITABLE FOR OPERATION WITH ANY OTHER PROGRAM. ANY GUARANTEE, CONDITION OR RIGHT OF CLAIM AND REFUND, BOTH EXPRESSLY AND IMPLICITLY PROVIDED FOR BY THE LAW, BY CUSTOM AND BY ANY PREVIOUS STATEMENT, BOTH WRITTEN AND VERBAL (INCLUDING, AMONG OTHERS, ANY GUARANTEE RELATIVE TO MARKETABILITY AND QUALITY SATISFACTION OR THE SUITABILITY FOR A PARTICULAR PURPOSE, OR RELATIVE TO THE ABSENCE OF OPERATING DEFECTS) ARE REGARDED AS EXCLUDED FOR ALL PURPOSES AND NOT ACCEPTED, EXCEPT WHEN EXPRESSLY OTHERWISE STATED IN THIS AGREEMENT. ProgeSOFT does not guarantee that the use of the Program does not constitute a violation of rights of a third party. You will be held responsible for any such violation. No reseller, agent or employee of ProgeSOFT is authorised to modify the guarantees herewith included by extending its scope or inserting other ones, nor is he authorised to introduce any other change to this licence agreement. Any guarantee will be void if the operating defect is proven to have been caused, either directly or indirectly, by non-authorised tampering with the Program which is the object hereof, by a non-authorised attempt at repairing the same or if the Program has not been used inappropriately, such as being used under abnormal or unreasonably exacting working conditions. You are under obligation to inform ProgeSOFT immediately about any fault, even though only suspected, in the Program. In the fulfilment of its guarantee obligation ProgeSOFT will, at its own discretion, substitute your faulty copy of the Program or return the fee already paid by you with relation to the licence for use of said Program. In any event, in order to claim your right to these guarantees you must present a copy of this licence agreement together with the proof of payment of the licence fee, as well as the faulty support for data storage. Exclusion of responsibility for damages: Under no circumstances will ProgeSOFT or its suppliers be held responsible for damages of any type (including and without limitation, any damages caused in terms of loss of profit, interruption of work, loss of information, or any other kind of loss of money) arising from the use or from the inability to use the Program, even in the event that ProgeSOFT has been informed on the possible occurrence of said damages. Responsibility for any claim and risks: Save where otherwise provided for by the law, no claim arising from or relative to this licence agreement, independently from the form such claim is presented, can be raised following the period of one year after the cause of claim has occurred or following a shorter period which may be provided for by the law. With this Contract of Licence you undertake to bear the risk for any damage caused to equipment, programs, data or other elements through the duplication or use of the Program, including among others the cost of each repair and/or substitution which may become necessary. Furthermore you undertake liability relative to the choice of Program for the purposes intended, as well the installation and use of and the results obtained with said Program. Applicable law: THIS LICENCE AGREEMENT IS GOVERNED BY THE LAW OF THE ITALIAN STATE and no other legislation can be chosen in its stead. Partial application of and amendments to the agreement: In the event that the invalidity or the inapplicability of any of the clauses hereto be ascertained, said invalidity or inapplicability will not affect the validity of the other terms provided for by this agreement, which will remain effective and applicable. In the event that an inapplicable provision can be amended by a judgement of the Judicial Authorities and thereby made applicable, said provision will be thus amended. Other reserved rights: ProgeSOFT reserves the ownership of all such rights guaranteed to you by the law, which have not been expressly mentioned herein. General provisions: You acknowledge that you have read, understood and printed this Licence Agreement, and have accepted the terms and conditions contained therein. Furthermore you agree that it represents all the agreements reached between you and ProgeSOFT, which replace and substitute any proposal or previous agreement, either verbal or written, and any other communication relative to the object hereof Feeware software: any freeware software is also subject to this agreement. For this however, ProgeSOFT allows the free use with no request for fee payment, even though it maintains all the above-mentioned rights and licence conditions. It is expressly forbidden to manipulate or alter the software and it is also forbidden to incorporate, integrate or even make reference to said software in other applications and/or programs of any type. The freeware software is in any case supplied “as it is” and ProgeSOFT does not accept any responsibility in connection with any damages and/or loss of any type arising from the use and/or from this software. Assistance and technical support: all services of technical assistance and support provided by ProgeSOFT are also governed by these conditions, as well as by the individual services’ general conditions of supply. In any event ProgeSOFT cannot be held responsible for damages of any type arising from the failure to supply a service or from the temporary interruption of said service and not even for the failure to answer any problem or question submitted. By accepting this licence agreement you expressly accept all the above-mentioned clauses which may be part of the regulations relative to the Clause on Unfair Terms, ex. Art. 1469 bis ss. of the italian Civil Code. COMMUNICATION RELATIVE TO THE SOFTWARE AVAILABLE ON THIS WEBSITE Any software made available for download from this server (hereinafter denominated "Software") is covered by copyright by ProgeSOFT and/or by the relative suppliers. The use of said Software is governed by the terms and conditions of the Licence Agreement with the final user, included in the software itself (the "Licence Agreement"). The final user is not authorised to install the Software which includes a Licence Agreement if he has not previously accepted the terms of said Licence Contract. The Software is available for download exclusively for use by the final user in compliance with the terms and conditions of the Licence Agreement. Any reproduction of re-distribution of the Software not in compliance with the Licence Agreement is expressly forbidden by the law in force and can result in serious civil and criminal sanctions. All offenders shall be prosecuted to the maximum extent allowed for by the law in force. Without thereby limiting the above-mentioned provision, the copy or reproduction of the software on any other server or place for further reproduction o re-distribution is expressly forbidden. COMMUNICATION RELATIVE TO THE DOCUMENTATION AVAILABLE ON THIS WEBSITE The user is authorised to use the Documentation available on this server (the "Server"), on condition that (1) all copies bear the information on copyright and are accompanied by this authorisation, (2) the use of said Documentation is for information purposes only and not for commercial purposes or for personal use and the above-mentioned Documentation must not be copied or distributed on any network computer or transmitted by means of any communication channel and, finally, (3) no modification can be made to any part of said Documentation. The use for any other purpose is expressly forbidden by the law in force and can result in serious civil and criminal sanctions. All offenders shall be prosecuted to the maximum extent allowed for by the law in force The above-mentioned Documentation does not include the structure or the layout of ProgeSOFT’s website or of any other site developed, licensed, controlled or owned by ProgeSOFT. The elements constituting ProgeSOFT’s websites are protected by commercial agreements, by laws on trademarks and on unfair competition and by other laws and may not be copied or reproduced, either integrally or partially. No logo, graphic element, sound or image included in one of ProgeSOFT’s websites may be copied or re-transmitted without ProgeSOFT’s express authorisation. ProgeSOFT and/or its suppliers do not issue any statement with relation to the inadequacy of the information included in the documentation and in the relative graphics published on this server for any purpose. The documentation and the relative graphics are supplied "as they are" with no guarantee whatsoever. ProgeSOFT and/or its suppliers do not recognise any guarantee or condition as to this information, including any implicit guarantee and condition of marketability, suitability for a certain purpose, ownership and non-violation of the rights of a third party. Under no circumstance will ProgeSOFT and/or its suppliers be held responsible for special, indirect or consequential damages or other damages arising from the loss of the right of use, the loss of information or the failure to profit, whether said damages arise from the non-fulfilment of the agreement, negligence or other damaging actions arising from or in any way connected with the use or the performance of the information available on this server. The documentation and the relative graphics published on this server can include technical inaccuracies or printing mistakes. The above-mentioned are subject to regular changes. ProgeSOFT and/or its suppliers can introduce improvements or changes to the products and/or to the programs described in this agreement in any moment. COMMUNICATION RELATIVE TO THE SOFTWARE, THE DOCUMENTATION AND THE SERVICES AVAILABLE ON THIS WEBSITE Under no circumstance will ProgeSOFT and/or its suppliers be held responsible in connection with special, indirect or consequential damages or for other damages whatsoever arising from the of the right of use, the loss of information or the failure to profit, whether said damages arise from the non-fulfilment of the agreement, negligence or other damaging actions arising from or in any way connected with the use or the performance of the information available on this server. LINKS TO THE SITES OF OTHER MANUFACTURERS The links listed in this area allow the user to exit ProgeSOFT’s site. The sites to which said links are connected are not under ProgeSOFT’s control and ProgeSOFT cannot be held responsible for their contents or for any other links included in said sites or for any change or update relative to said sites. ProgeSOFT cannot be held responsible for any publication on the Web or for any other kind of transmission received from other connected sites. ProgeSOFTsupplies these links only for practical reasons and the inclusion of said links does not imply ProgeSOFT’s approval of the sites themselves. All rights not expressly granted by this Agreement are reserved. For further information, please write to: webmaster@progesoft.com BACK |