SE.net distribution permissions and end-user license agreement
SE.NET END USER LICENCE AGREEMENT
BY CLICKING THE "I ACCEPT THE END USER LICENCE AGREEMENT" BUTTON, OR INSTALLING OR USING THE "SE.NET" CLIENT SOFTWARE (THE PRODUCT), THE INDIVIDUAL, COMPANY OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY, AND IS BECOMING A PARTY TO, THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE "I DO NOT ACCEPT THE END USER LICENCE AGREEMENT" BUTTON MUST BE SELECTED, AND THE LICENSEE MUST NOT INSTALL OR USE THE PRODUCT.
1. LICENSE GRANT. Duck Communication Entertainment S.r.l. (Duck C.E.) grants the Licensee a non-exclusive and non-transferable licence to use for personal or internal business purposes the executable code version of SE.NET, provided any copy must contain all of the original proprietary notices. This licence does not entitle the Licensee to receive from Duck C.E. hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. To be able redistribute or sublicense the proprietary software SE.NET, it is necessary to have a formal written agreement with Duck C.E.. In any other cases, any other form of redistribution or use of the product is expressly forbidden. Improper use of SE.NET will enable Duck C.E. to take legal action, based on Italian and international law, to protect the rights that have been infringed.
2. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, the Licensee may not: (i) modify or create any derivative works of the Product or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for SE.NET ; (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product SE.NET; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) publish any results of benchmark tests run on SE.NET to a third party without Duck C.E.`s prior written consent. Plug-ins and product components provided with or as part of the Product may be used only with the Product and not on a stand-alone basis or with any other product. Product APIs may be used only to develop code to work with the Product.
3. TERMINATION. Without prejudice to any other rights Duck C.E. may terminate this Agreement if the Licensee breaches any of the terms and conditions outlined in this agreement. Upon termination, the Licensee shall destroy all copies of the Product SE.NET in their possession.
4. PROPRIETARY RIGHTS. Title, ownership rights, copyright, intellectual property rights and rights relating to the economic use and exploitation of SE.NET, shall remain the exclusive property of Duck C.E.. The Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardise, limit or interfere in any manner with Duck C.E.`s ownership of rights with respect to SE.NET. The Product is protected by copyright and other intellectual property rights by Italian and international laws and by regulations regarding unfair competition.
5.DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED FREE OF CHARGE AND ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT SE.NET IS BORNE BY LICENSEE. SE.NET`S PERFORMANCE VARIES DEPENDING ON THE COMPUTER IT IS USED WITH. DUCK C.E. DOES NOT GUARANTEE THAT SE.NET OR ITS CONTENTS WILL MEET THE USER`S NEEDS, OR BE FREE OF ERRORS. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, THE LICENSEE AND NOT DUCK C.E. ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORISED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUCK C.E. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT WHILE USING SE.NET THEY MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE CONTENTS. UNDER NO CIRCUMSTANCES CAN DUCK C.E. BE HELD RESPONSIBLE FOR EVENTUAL DAMAGES CAUSED BY CONTENTS FOUND BY USING SE.NET. REGARDING THE SECURITY AND PRIVACY OF USERS, IN PARTICULAR CHILDREN, ADULT USERS INTENDING TO ALLOW THEIR CHILDREN TO USE SE.NET, AGREE TO MONITOR THEM WHILE THEY DO SO. THE LICENSEE AGREES TO USE SE.NET IN A WAY THAT RESPECTS INTERNATIONAL LAW AND THE LAWS OF THEIR COUNTRY OF RESIDENCE. THE LICENSEE ABSOLVES DUCK C.E. OF ANY LIABILITY FOR ANY UNLAWFUL USE OF THE PRODUCT.
7. HIGH-RISK ACTIVITIES. SE.NET is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SE.NET could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Duck C.E. specifically disclaims any express or implied warranty of fitness for High Risk Activities. The Licensee agrees that Duck C.E.. will not be liable for any claims or damages arising from the use of the SE.NET in such applications.
8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Duck C.E. and the Licensee concerning SE:NET and replaces any other previous form of agreement or contract oral or written. Duck C.E. may change the terms of this Agreement at any time. Duck C.E. will inform registered Licensees of any such changes by e-mail. By continuing to use the SE.NET beyond a period of 30 days after notice of such change has been provided on the official website of Duck C.E. - www.duckce.com - and by e-mail, the Licensee automatically accepts the revised terms.
9. TREATMENT OF PERSONAL DATA. In accordance with Italian Law No. 196/2003 (Data Protection Act), the Licensee authorises Duck C.E. to store and process the personal data they provide for the following ends: Client services (administration, accouting, management of contracts, orders, invoicing, recovering credit), factoring, marketing, advertising and promotional drives, statistical analysis, research into client satisfaction levels, storage of historical data, auditing and pre-contractual information.
10. ADDTIONAL RESPONSIBILITIES. The Licensee acknowledges that all the information, data, software, music, sounds, photographs, images, videos, messages and any other type of material ("Content"), publicly accessible or privately transmitted, are the sole and exclusive responsibility of the persons or bodies that provide those Contents. This means that the Licensee, and not Duck C.E., is the sole and exclusive party responsible for the any Contents found, downloaded, sent by e-mail, or retrieved or distributed in any other way with SE.NET.
SE.NET cannot in any way check the Contents retrieved from or distributed via Internet and therefore does not guarantee its truthfulness, correctness or quality.
11. APPLICABLE LAW. This contract is governed by the applicable international laws, as enforced and interpreted by Italian law.
12. COMPETENT AUTHORITY. Any disputes shall be subject to arbitration by the Court of Rome, Italy (Foro di Roma).
I have read this agreement, and I approve of and accept each of its parts.
DISTRIBUTION OF UNREGISTERED EVALUATION VERSIONS OF THE PRODUCT.
You may distribute complete unregistered evaluation copies of the SOFTWARE PRODUCT to third-parties, for the sole purpose of evaluation by them, on the condition that such parties agree to be bound by the terms of this Agreement. You must not charge more than a minimal fee, which must not exceed 10.00 euros, to cover the costs of media, distribution and handling or downloading of evaluation copies of the product, nor are you allowed to distribute same without clearly informing such third-parties that the software, documentation and related materials have not been registered with Duck Communication Entertainment S.r.l. and are provided for the limited purpose of evaluation, in accordance with the terms of this agreement to which the aforementioned third-parties will be bound. Under no circumstances may you use or distribute only a portion of the SOFTWARE PRODUCT; you will provide a full and complete copy of the original software and the documentation package. - DISTRIBUTION OF REGISTERED OR LICENSED VERSIONS OF THE PRODUCT PROHIBITED. You must not distribute copies of registered or licensed versions of the software, documentation or related materials to any third-parties, for any purpose.