DWebPro distribution permissions and end-user license agreement

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 two types of commercial licenses: the Lifetime License and the CoBrand license. DWeb/DWebPro Lifetime 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. It also allows you to modify the background image of the window in which license data are displayed. 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 Human Profile 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. Human Profile 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 Green Number. +39 800 090 154 Mobile/SMS. +39 348 3406175

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