WebSite X5 Evolution distribution permissions and end-user license agreement

END USER LICENCE AGREEMENT (EULA)

The installation and use of this Incomedia WebSite X5 and (or) Incomedia Template Pack (hereinafter the "SOFTWARE") on your computers is expressly subject to full and unreserved acceptance of this Software User Licence Agreement (hereinafter "LICENCE").
The LICENCE constitutes an agreement between you (a natural or legal person), the end user of the SOFTWARE (hereinafter "USER") and INCOMEDIA S.r.l. the publisher of the SOFTWARE (hereinafter referred to as "PUBLISHER").

1. LICENCE

The SOFTWARE is protected by international laws and treaties as regards intellectual property. No right of ownership is granted to the USER under the LICENCE, only a right of use is granted to the USER. By this LICENCE, the PUBLISHER grants the USER a personal, non-transferable right of use in accordance with the terms stated below:

1.1 SINGLE LICENCE
The term means a SOFTWARE that may be installed and used only by a single USER on a maximum of 2 computers at any one time. Consequently, the SOFTWARE must not be installed, displayed, shared or used concomitantly on more computers.

1.2 MULTILICENCE
The term means a SOFTWARE that may be installed and used by a specified number of USERS representing an equivalent number of computers. The SOFTWARE must not be installed, displayed, shared or used on a number of computers greater than the number authorized.


2. INSTALLATION

Together with the SOFTWARE you will receive a Licence Key which you have to enter during installation. An online activation tailored for your hardware is also needed.
With the Licence Key you can activate the SOFTWARE up to two times, should this to be necessary due to hardware exchange. After this, the PUBLISHER will make new activation codes available for your new hardware upon request. In both cases it is prerequisite that the SOFTWARE is removed from your old hardware.


3. OWNERSHIP/RESTRICTIONS

3.1 SOFTWARE
The PUBLISHER reserves all rights, of any kind whatsoever, not expressly granted under the LICENCE. Modifying, adapting, translating, decompiling or undertaking any inverse engineering, disassembling or attempting to find out the source code of the SOFTWARE is strictly prohibited.

3.2 FILES PROVIDED WITH THE SOFTWARE
The PUBLISHER and its licensor(s) reserve all their intellectual property rights pertaining to the files (e.g. images, audio or video files) that may be provided with the SOFTWARE, without limitation. The use of those files is reserved for the personal use of the LICENCE holder, excluding any other use and in particular if the SOFTWARE is not used for its intended purpose.


4. PROTECTION AGAINST COPYING - LICENCE KEY - VERIFICATION MEASURES

The SOFTWARE may include measures to protect it against copying in order to prevent any unauthorised reproduction. In accordance with the law, the USER must not circumvent or attempt to circumvent any protective measure against unauthorized copying.
Activating or running the SOFTWARE may require the entry of the Licence Key previously supplied to the USER. The USER recognizes that the Licence Key is the PUBLISHER's exclusive property, that it is strictly confidential information and that, consequently, it must not be disclosed to third parties. The USER undertakes to implement all means available and to act in good faith in order to protect the confidentiality of the Licence Key. The Licence Key does not contain USER's sensible data.


5. TERM
The LICENCE is made for an indefinite period. The LICENCE will automatically terminate, without prior notice, in the event of breach by the USER of any one of the provisions herein. Termination will result for the USER in the obligation to destroy all copies of the SOFTWARE and associated documentation.


6. LIMITED WARRANTY

6.1 The PUBLISHER warrants that, where the SOFTWARE has been supplied on physical medium by the PUBLISHER, that the physical medium is free from defects in materials and production for all normal uses. The warranty is valid for 30 days from delivery or from purchase of the SOFTWARE. In the event of defect, the remedy offered by the PUBLISHER will, at its option, either be to replace the defective medium, or to refund the purchase price.

6.2 The PUBLISHER warrants that the SOFTWARE is in accordance with its documentation but gives no express warranty as to its correct operation and in particular that the SOFTWARE will satisfy performance requirements or that it will run without discontinuity or bugs. The PUBLISHER gives no other express or implicit warranty under the LICENCE.

6.3 Any services and/or accessories (including, without limitation, images) associated with this product are only to be considered valid for the lifecycle of the product itself.

6.4 The PUBLISHER may provide free technical support through its online service at www.websitex5.com for the lifecycle of the SOFTWARE. Support requests are normally answered in 24/48 hours from Monday to Friday, excepting on bank holidays.


7. NO OTHER WARRANTIES

7.1 THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

7.2 the PUBLISHER disclaims all other warranties with respect to the SOFTWARE, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and no infringement of third party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.


8. LIMITED LIABILITY FOR CONSEQUENTIAL DAMAGES

In no event shall the PUBLISHER or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this product, even if the PUBLISHER has been advised of the possibility of such damages or any claim by a third party.
The PUBLISHER aggregate liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid for the LICENCE.


9. LANGUAGE OF THE LICENCE AGREEMENT

9.1 Where the PUBLISHER has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with the PUBLISHER.

9.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.


10. CHANGES TO THE LICENCE AGREEMENT

10.1 The PUBLISHER may make changes to the Licence Agreement from time to time. When these changes are made, the PUBLISHER will make a new copy of the Licence Agreement available at http://start.websitex5.com/download/EULA_EN and any new additional terms will be made available to you from within, or through, the SOFTWARE.

10.2 You understand and agree that if you use the SOFTWARE after the date on which the Licence Agreement have changed, the PUBLISHER will treat your use as acceptance of the updated Licence Agreement or additional terms.


11. APPLICABLE LAW

11.1 the LICENCE is subject to the law of the Republic of Italy.

11.2 If any court of law, having the jurisdiction to decide on this matter, rules that any term of these Licence Agreement is invalid, then that term will be removed from the Licence Agreement without affecting the rest of the terms. The remaining terms of the Licence Agreement will continue to be valid and enforceable.

WebSite X5 includes DotNetZip that is under Ms-PL Licence (Microsoft Public License)

© Incomedia S.r.l. - Italy. All Rights Reserved
www.websitex5.com
www.incomedia.eu

05/05/2011

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