Software License Agreement
FILIPPO TOSO GRANTS YOU, THE "END USER", A NON-EXCLUSIVE, NON-TRANSFERABLE
(EXCEPT AS PROVIDED BELOW) LICENSE TO USE THIS SOFTWARE ONLY PROVIDED THAT
YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THE PRESENT LICENSE
AGREEMENT. This document is a legal agreement ("Agreement") between you, the
"End User" (either as an individual or a legal entity), and Filippo Toso. By
installing, copying, or otherwise using the SOFTWARE PRODUCT, you accept and
agree to be bound by the terms and conditions of this Agreement. If you do
not accept the Agreement, do not remove the product's seal and promptly
return this software, its package and all the other items provided as
additional materials (written materials and / or containers), together with
the payment receipt, to the sales point for a full refund, or, in case the
software was downloaded from a Web site owned by Filippo Toso, you must
immediately stop using the product, remove the product from your computer,
destroy any other copy of the product that is in your possession or control,
and also destroy the associated documentation.
1. GRANT OF LICENSE. Based on the Terms and conditions of this
Agreement, Filippo Toso and his suppliers grant you a non-exclusive,
non-transferable license for installing and using a single copy of this
software program and of any documentation accompanying this Agreement
("documentation" may include associated media, printed materials, and
"online" or electronic documentation), herein named, collectively,
"Software", on a single computer, and only for non-commercial usages; for
any other usage, including (but not limited to) Software redistribution, you
must purchase a commercial license. No other rights are granted. The
Software is considered "in use" on a computer when it is loaded into
temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard
disk, CD-ROM, or other storage device) of the computer, except that a copy
installed on a network server for the sole purpose of distribution to other
computers is not "in use". You may make one (1) copy of the Software and of
its accompanying instructions only for backup purposes. Such a copy must
reproduce all proprietary and copyright notices contained in the software
provided by Filippo Toso. Installation on a network server, for the only
purpose of internal distribution of the Software, is authorized only if a
single software license is acquired for each one of the computers connected
to the network inside which the Software is distributed. You may not place
the CD Edition on any network that would allow access by computers that do
not have valid licenses. This would include any computer whose files are
accessible to the general public.
2. Restrictions. The Software contains copyright-protected materials,
commercial secrets and other proprietary materials of Filippo Toso and his
licensors. In order to protect these proprietary materials, except as
expressly stated by the applicable laws, you (the End User) or any other
third party acting on your behalf, pledge yourself not to: (i) alter, merge,
modify, adapt or translate the Software, or decompile, disassemble, reverse
engineer, decrypt or otherwise reduce the Software to a human-perceivable
form; (ii) modify or create derivative works based upon the Software; (iii)
use the Software to provide to any third party administrative services,
part-time commercial services or any other informatics services; (iv)
transmit the Software or provide, completely or partially, the Software's
functionalities, by Internet or by any other networks (except for the
above-mentioned cases); or (v) rent, lease, loan, sell, distribute,
sub-license or otherwise transfer the Software to third parties; provided
that: (a) all the Software's component parts, the media and printed
materials, any upgrades, this Agreement, and, if applicable, the Certificate
of Authenticity, are included in the transfer, (b) you retain no copies of
the Software and (c) the transfer's beneficiary accepts the terms and
conditions of this Agreement; you may distribute the Software, only if all
the conditions specified in Section 11 of this Agreement ("Redistribution")
are satisfied.
3. Copyright. The Software is licensed, not sold, to you to be used
exclusively in the observance of the terms and conditions of the present
Agreement; moreover, Filippo Toso reserves himself all the rights
non-expressly granted to you by the present Agreement. Filippo Toso and / or
his licensors own the Software's name and all copyright and intellectual
property rights contained in the present Agreement.
4. Termination. This Agreement lasts until its termination. In case of
violation of any of the provisions of the present Agreement, all the rights
of using the Software will automatically terminate and the Software will
have to be returned to Filippo Toso or all the Software's copies will have
to be destroyed.
This Agreement can be subject to termination at your election at any moment.
Upon termination, you must destroy all copies of the Software in your
possession or control, including any related documentation that you may
have. If Filippo Toso communicates you, by means of a public announcement or
press release, the request to stop using the Software, you must immediately
obey that request. The provisions of paragraphs 3, 7, 8 and 12 will continue
to be applicable even after the termination of the present Agreement.
5. Limited warranty. Filippo Toso warrants that the Software will
perform substantially in accordance with the accompanying documentation and
that the Software's supporting media and materials will be free from defects
for a period of ninety (90) days from the date of receipt. Filippo Toso's
warranty for the Software is non-transferable and is limited to the original
purchaser. This limited warranty gives you specific legal rights. You may
have others, which vary from state/jurisdiction to state/jurisdiction,
according to the local applicable laws. Some states and jurisdictions
(especially in USA) 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 product, if any, are
limited to ninety (90) days.
6. Remedies. Filippo Toso's complete responsibility and your exclusive
repairs for any warranty violation, will be, at Filippo Toso's discretion:
(a) repair or substitution of the Software or of its support, provided that
the Software or its support are returned to the sales office, or in another
place indicated by Filippo Toso, together with a copy of the purchasing
receipt; or (b) refund of the paid price. Any substituted Software or
support will be warranted for the remaining part of the original warranty
period or for thirty (30) days, depending on which one of the two periods is
longer. These remedies are null and shall not apply to any failure, defect
or deficiency of the Software or its support which has been caused by
misuse, neglect, alteration, improper use, unauthorized repair or
modification, improper following of the installation process, accident, or
other causes external to the Software, such as, but not limited to,
excessive heat or humidity OR improper following of the Software's
Installation and Utilization Guide.
7. NO WARRANTIES. THE WARRANTIES EXPRESSLY STATED IN THE PRESENT
AGREEMENT SUPERSEDE ANY OTHER WARRANTY. FILIPPO TOSO AND HIS SUPPLIERS
DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR WARRANTIES THAT THE SOFTWARE AND ITS SUPPORTS DO NOT INFRINGE
THIRD PARTIES' RIGHTS. FILIPPO TOSO AND HIS SUPPLIERS MAKE NO OTHER WARRANTY
OF NON INTERFERENCE BETWEEN THE SOFTWARE AND OTHER INSTALLED COMPUTER
PROGRAMS, OR RELATIVE TO THE ACCURACY OF THE SOFTWARE'S INFORMATIVE CONTENT.
NO FILIPPO TOSO'S DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO PERFORM
ANY KIND OF MODIFICATIONS, EXTENSIONS OR UPDATES TO THE PRESENT WARRANTY.
Some jurisdictions do not allow limitations on how long an implied warranty
lasts, so the above limitations may not apply to you. This warranty gives
you specific legal rights. You may also have other rights, which vary from
state to state.
8. LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT FILIPPO TOSO OR HIS SUPPLIERS WILL 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 SELLING, USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUBSTITUTIVE OR SUPPORT
PRODUCTS AND SERVICES, EVEN IF FILIPPO TOSO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, THE ENTIRE LIABILITY OF FILIPPO
TOSO, OF HIS SUPPLIERS OR OF HIS LICENSORS, UNDER ANY PROVISION OF THIS
AGREEMENT, OR ANY COLLATERAL CONTRACT, SHALL BE LIMITED TO THE GREATEST OF
THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR SERVICE THAT
CAUSES SUCH A LIABILITY. Because some states and jurisdictions do not allow
the exclusion or limitation of liability for incidental or indirect damages,
the above limitation may not apply to you. The above limitations will not
apply in case of personal damages, when and insofar as the applicable laws
make provisions for such a case.
9. Export regulations. You agree and certify that you will not,
directly or indirectly, export outside Italy neither the Software nor any
other technical data received from Filippo Toso, without the prior consent
and authorization, if required, of the Italian governmental entity that has
jurisdiction over such export, except if the export is authorized by the
Italian applicable laws and normative. If you have legally obtained the
Software outside Italy, you agree not to re-export neither the Software nor
any other technical data received from Filippo Toso, except if you are
authorized and allowed to do so by the Italian applicable laws and normative
and by the normative of the jurisdiction where you have obtained the
Software.
10. Third party agents and purchasers. If you are purchasing the
Software for another person or entity, you certify and warrant that you have
the authority to bind the third party or organization on behalf of which you
are purchasing the Software to the terms and conditions of the present
Agreement.
11. Redistribution. You may redistribute the present Software, provided
you comply with the following terms: (a) if you want to redistribute the
Software, you must possess a commercial license, (b) the transfer's
recipient accepts the terms and conditions of the present Agreement, (c) the
Software is redistributed in original and its binary files are not altered
or modified in any way (except for unzipping of compressed files), (d)
references to the original copyright are present and the present license is
attached, (e) the Software itself cannot be redistributed under payment of
any financial compensation, however you can charge a fee to compensate you
for the costs associated with your additional proprietary content that comes
distributed along with the present Software (for example, multimedia catalogs
on CD visualized by means of the Software).
12. Commercial Licenses. There are three types of commercial licenses: the
Standard License, the CoBrand License and the Rebrand License. DWeb/DWebPro
Standard License allows distributing an unlimited number of CDs/DVDs, they
include one-year free upgrade from the purchase date and don't not allow you
neither to distribute DWebPro in your own installation packages nor to install
DWebPro on the end user's system (PC). DWebPro CoBrand License allows you to
distribute DWebPro as part of your own installation packages, to install it on
the end users' computer(s), to rename the dwebpro.exe file, to create
trialware software and to modify the background image of the window in which
license data are displayed. The ReBrand License allows to do the same as the
CoBrand License plus it allows to change the dwebpro.exe icon and license
information. In all cases you may distribute our products as part of your
application only if it adds primary and significant functionality to our
software product and your application doesn't directly or indirectly compete
with DWebPro line of products or other Creative Park Srl products.
13. General Terms and conditions. This agreement shall be governed and
construed by the laws of Italy. If, for any reason, any provision, or part
of a provision of this Agreement is declared by a legal court of competent
jurisdiction to be invalid, illegal or unenforceable, such provision of the
Agreement shall be construed and applied as limited to the maximum extent
necessary to be consistent with and fully enforceable under the law, so as
to respect the parties' intentions, or shall be severed from this Agreement,
and the remaining provisions of the Agreement shall continue in full force
and effect. This Agreement is the final, complete and exclusive agreement
between the parties relating to the use of the Software, and supersedes all
prior or contemporaneous understandings, communications and agreements
relating to such subject matter, whether oral or written. Filippo Toso
reserves himself the right to modify, at any moment and at his sole
discretion, any part of the present Agreement. Filippo Toso can keep you
informed about any modification by communicating such modifications on
Filippo Toso's web site(s) or by sending messages through electronic mail,
regular mail or in any other way. If you continue to use the Software after
such modifications have been announced, this will mean that you have
accepted the Agreement's modifications. If you do not accept such
modifications, you will have to immediately cease using the Software and
destroy all copies of the Software that are in your possession or control.
This Software is protected by the copyright laws of Italy and international
copyright treaties. Unauthorized reproduction or distribution of the
Software involves severe civil and penal prosecutions.
Creative Park Srl
Filippo Toso
Via Montesanto, 30
33050 Gonars (UD)
Italy
Web. http://www.humanprofile.biz/
Email. info@humanprofile.biz
Fax. +39 02 700 554955
Phone. +39 02 303 124914
Toll Free Number. +39 800 090 154
Mobile/SMS. +39 348 3406175