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- Licence Agreement
- Limited Use Software License Agreement
-
- This Limited Use Software License Agreement (the "Agreement") is a legal
- agreement between you, the end-user, and PhD Engineering S.r.l. (PhD). By
- continuing the installation of this program, by loading or running the
- program, or by placing or copying the program onto your computer hard drive,
- you are agreeing to be bound by the terms of this Agreement.
- If you agree with the following conditions you are entitled to use this
- Software for a period of fourty (40) days to evaluate it, after such a
- period you are requested to register your copy in order to keep using it.
-
- PhD software license
-
- 1. Grant of license.
-
- PhD grants to you the right to use the PhD Software program (the "Software"),
- which is the shareware version of the program. For purposes of this section,
- "use" means loading the Software into RAM, as well as installation on a hard
- disk or other storage device. You may not: modify, translate, disassemble,
- decompile, reverse engineer, or create derivative works based upon the
- Software. You agree that the Software will not be shipped, transferred or
- exported into any country in violation of the Italian Ministry for Trade with
- Third Countries and that you will not utilize, in any other manner,
- the Software in violation of any applicable law.
-
- 2. Copyright.
-
- The Software is owned by PhD and is protected by Italy copyright laws and
- international treaty provisions. You must treat the Software like any other
- copyrighted material, except that you may make copies of the Software to give
- to other persons. You may not charge or receive any consideration from any
- other person for the receipt or use of the Software without receiving PhD's
- prior written consent. You agree to use your best efforts to see that any user
- of the Software licensed hereunder complies with this Agreement.
-
- 3. Limited Warranty.
-
- PhD warrants that if properly installed and operated on a computer for which it
- is designed, the Software will perform substantially in accordance with its
- designed purpose for a period of fourty (40) days from the date the Software is
- first obtained by an end-user. PhD's entire liability and your exclusive remedy
- shall be, at PhD's option, either (a) return of the retail price paid, if any,
- or (b) repair or replacement of the Software that does not meet PhD's Limited
- Warranty. To make a warranty claim, return the Software to the point of
- purchase, accompanied by proof of purchase, your name, your address, and a
- statement of defect, or return the Software with the above information to PhD.
- This Limited Warranty is void if failure of the Software has resulted in whole
- or in part from accident, abuse, misapplication or violation of this Agreement.
- Any replacement Software will be warranted for the remainder of the original
- warranty period or thirty (3O) days, whichever is longer. This warranty
- allocates risks of product failure between Licensee and PhD. PhD's product
- pricing reflects this allocation of risk and the limitations of liability
- contained in this warranty.
-
- 4. Non other warranties.
-
- PhD disclaims all other warranties, either express or implied, including but
- not limited to, implied warranties of merchantability or fitness for a
- particular purpose with respect to the Software and the accompanying written
- materials, if any. This limited warranty gives you specific legal rights.
- You may have others which vary from jurisdiction to jurisdiction. PhD does not
- warrant that the operation of the Software will be uninterrupted, error free
- or meet license's specific requirements. The warranty set forth above is in
- lieu of all other express warranties whether oral or written. The agents,
- employees, distributors, and dealers of PhD are not authorized to make
- modifications to this warranty, or additional warranties on behalf of PhD.
- Additional statements such as dealer advertising or presentations, whether
- oral or written, do not constitute warranties by PhD and should not be relied
- upon.
-
- 5. Exclusive Remedies.
-
- You agree that your exclusive remedy against PhD, its affiliates, contractors,
- suppliers, and agents for loss or damage caused by any defect or failure in the
- Software regardless of the form of action, whether in contract, tort, including
- negligence, strict liability or otherwise, shall be the return of the retail
- purchase price paid, if any, or replacement of the Software. This Agreement
- shall be construed in accordance with and governed by the laws of the State of
- Italy.
- Copyright and other proprietary matters will be governed by Italy laws and
- international treaties. In any case, PhD shall not be liable for loss of data,
- loss of profits, lost savings, special, incidental, consequential, indirect or
- other similar damages arising from breach of warranty, breach of contract,
- negligence, or other legal theory even if PhD or its agent has been advised
- of the possibility of such damages, or for any claim by any other party.
- Some jurisdictions do not allow the exclusion or limitation of incidental
- or consequential damages, so the above limitation or exclusion may not apply
- to you.
-
- 6. General Provisions.
-
- Neither this Agreement nor any part or portion hereof shall be assigned or
- sublicensed, except as described herein. Should any provision of this Agreement
- be held to be void, invalid, unenforceable or illegal by a court, the validity
- and enforceability of the other provisions shall not be affected thereby.
- If any provision is determined to be unenforceable, you agree to a
- modification of such provision to provide for enforcement of the provision's
- intent, to the extent permitted by applicable law. Failure of a party to
- enforce any provision of this Agreement shall not constitute or be construed
- as a waiver of such provision or of the right to enforce such provision.
- If you fail to comply with any terms of this Agreement,
- Your license is automatically terminated.
-
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU
- UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY
- CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR
- RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
- SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE
- BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS.
-
- YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE
- AGREEMENTS BETWEEN PHD AND YOU, THIS AGREEMENT IS A
- COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND
- LIABILITIES OF THE PARTIES.
-
- THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS,
- PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER
- COMMUNICATIONS BETWEEN PHD AND YOU RELATING TO THE
- SUBJECT MATTER OF THIS AGREEMENT.
-
-