Software license contract
THE FOLLOWING CONDITIONS ARE ACCEPTED AS THE SOFTWARE IS INSTALLED
Terms for Easydom Software’s use
The copy, installation as well as the use of Easydom Software implies the acceptance of the present contract's terms and conditions. This contract is valid for the user who get the software license and from whom the Software is used.
The final user should accept the license contract terms and conditions before being authorized to use the Software.
1. CONTRACT FOR THE SERVICE.
This contract for the use of Easydom Software is between the user and Easydom.
The Software use includes support, contents and other storage supports and updates, collectively named the Service.
2. HOW EASYDOM CAN MODIFY A CONTRACT.
Easydom reserves the right to modify this contract at any time. It's a user responsibility to periodically read this contract. If the user doesn't accept the changes to the contract, it has to suspend the Service use. If the user doesn't suspend the Service use, the use will be subject to the terms of the modified contract.
3. HOW TO USE THE SOFTWARE AND THE SERVICES.
The Software is provided for the personal use of the user and it is associated with a machine code.
The user is responsible for all the activities associated to the product code associated with the Software. The user should immediately inform Easydom about any unauthorized use or any security violation of the Software.
The user must not provide the product code to third persons and cannot authorize thirds to use it on behalf of the user. The user cannot use thirds' softwares Easydom that can modify, redirect or try to modify or redirect Easydom Software.
The user is not authorized to develop products or software applications based on Easydom Software, potential authorizations could be established by the Producer on the basis of another and different written agreement.
All the improvements and updates can be download by the user through the web or a direct connection to Live Update. The user agrees that using an improvement, as well as an update, he voluntarily abandon the right to use any previous version of the Software.
The user is not authorized to transfer or sell the product use license of the Software.
In case the user should not respect the contract conditions and, therefore, in case of non-fulfilment or violation of the contract disposals, this will be terminated according to the art. 1456 c.c.. In this case Easydom could solicit the user to give back and/or destroy the Software and all its parts. Easydom will have the faculty of claiming a compensation for the damages suffered.
4. OPERATIONS NOT ALLOWED BY THE SERVICE
Here follow the limitations to the Software use:
- The user cannot use the Software for illegal purposes or purposes extraneous to the use for which it's addressed to.
- The user cannot make copies of the Software.
- The user cannot modify, adapt as well as translate the Software. The user cannot make reverse engineering operations, decompile, disassemble or make operations for which the Law 633/41, and the following modifications, need the Software owner’s authorization, as well as try to discover the source code of the Software.
- The Software can include various applications, utility and components, can support more platforms and languages and can be provided on more supports as well as in multiple copies. Anyway, the Software is provided as a single product and it must be used according to this. The user is not obliged to use all the components of the Software, but it cannot separate the various parts in order to use them on different Computers. The user cannot divide the Software package parts, as well as use them to recreate another Software package in order to distribute, transfer or resell them.
- The user is not allowed to make any transfers, divulgation, shipping, distribution, presentation, transmission or public communication about the Software.
- The user cannot lease, rent, sub-license, sell, assign, as well as transfer its own Software rights, allow partial copy of the Software on other computers, except for what allowed in conformity with this contract. The user can transfer all its rights about the Software use to another machine, providing that a) the user transfer to this machine all the software parts included in the Software, being part of the Software package, as well as the ones preinstalled in the Software, including all the copies, the improvements, the updates and the previous versions, b) the user doesn't retain any improvement, update as well as copy of the Software, including backup copies and copies stored on computer. Before transferring the Software to another computer, Easydom requests the user to written confirm the contract observance, to provide information about himself, to register himself as the final user of the Software.
- It's forbidden the creation of a product based on ideas, characteristics or functions similar to the Software.
- The user cannot use the Software in a way that can violate the law and Easydom intellectual property rights.
5. PRIVACY.
Easydom commits itself to handle the provided data in conformity with the disposals of the Code in the field of personal data protection according to the Legislative Decree of 30th June 2003, n. 196. However, Easydom reserves the right to make known the user information if it's necessary: (1) conform to laws or judicial authorities requests; (2) guarantee the respect of this contract or (3) protect the rights, property or Easydom interests and its employees and customers' interest.
Easydom reserves the information about the Live updates.
6. SOFTWARE.
The use of Easydom Software by the user is governed by the license contract terms.
Easydom reserves all the rights on Software and owns the property, the copyright and any other intellectual property right of this Software.
Easydom reserves the right to automatically control the Software version and offers to automatically download updates, in order to update, improve and develop the Service. The license ends when the Service use ends.
The license is no more valid if Easydom modifies the Service in a way that it doesn't support the Software anymore.
7. GUARANTEE AND RESPONSIBILITY.
Easydom informs the user that the software products, in general, cannot be developed in a way that they work with no error in any case of possible use. It informs also that the Software updates could introduce errors that were not present in the previous versions.
The user accept that the Software could include errors and waive any claims towards Easydom from now on.
The user becomes aware and accepts that the Software, including the updates, is provided "as it is", that it's able to function in the light of technologies and operative systems specified in the Technical Datasheets.
Easydom doesn't issue statements and explicit or implicit guarantees of the fact that the Software is suitable to satisfy the user needs, that this is free of errors o that it has functionalities unspecified in the technical datasheets and in the relative documents.
The user commits himself to always do adequate checks - before, during and after any important operation - in order to avoid or promptly detect possible Software malfunctionings, for which Easydom is exempted from any responsibility.
Therefore, Easydom does not give any guarantee for Software defects or subsequent defects and it does not promise Software good functioning or suitability to particular uses.
In any case, any guarantee is excluded in the case the Software is introduced in or is part of other software applications developed by thirds, or it's tampered, modified or improperly used.
8. GUARANTEES EXCLUSION BY EASYDOM.
Easydom will not be responsible towards the user for any loss, damage, claim or cost, including any consequential damage, both indirect and incidental, for loss of earning, damage resulting from the business interruption, or thirds' claims.
Easydom declines any responsibility resulting from the use or non use of the Software.
The current responsibility limitations are applied not only in the case the Software is used in a way not conforming Easydom instructions, but also in the case it's used in conformity to these.
The limitations acceptance and/or Easydom responsibility exclusion by the user, it's a necessary and essential condition to Easydom to draw up the use license contract.
9. CHANGES TO THE SERVICE; ADDITIONAL RESPONSIBILITY LIMITATION.
Easydom is not responsible for (1) possible virus or other disabling functions that can compromise the user's access to the Software or its use, (2) any incompatibility between the Software and other websites, services, software and hardware, (3) delays or mulfunctionings that the user verifies in the start, execution or termination phase of transmissions or transactions, related to the Software in a accurate and prompt way or (4) damages or costs resulting or connected to the user use of any service made available by thirds through links.
The limitations, exclusions and denials of responsibility in this contract, are applied to the maximum limit allowed by the applicable law and they don't mean to deprive the user of its mandatory protections provided by this law.
10. TECHNICAL SUPPORT.
The user can contact the Customer Service calling the number +39 02 87186114 in order to have information on the supply modalities of Easydom technical support (Support).
11. LICENSE VALIDITY.
The license validity proof will be represented by the purchase invoice of the Software license and activation codes, in possession of the user.
12. END OF SERVICE.
If the user does not have a contract drawn up with Easydom, Easydom reserves the right to end or suspend the Service at any time. The end or suspension on the part of Easydom does not need reasons and/or notice. In this way the user has no more the right to use the Software with immediate effect. At the end or suspension of the service, any data stored in the Software by the user could not be recovered later.
13. APPLICABLE LAW AND COURT FOR THE CONTROVERSIES RESOLUTIONS.
Any non-fulfilment of this contract will be subject to the laws of Monza court. All the others controversies, including the ones resulting from the non conformity to the consumers' protection laws, against unfair competition and malice, will be judged according to the laws of Monza Court.
14. CONTRACT INTERPRETATION.
All the disposals of this contract are applied to the maximum limit allowed by the applicable law. In case a disposal of this contract is not applicable by a competent body, it will be substituted by a disposal which allows to reach the purpose of the non applicable disposal. The rest of the contract is not modified. The present contract represents the whole agreement between the user and Easydom about the Software use and substitutes any previous contract or notice related to the Software use.
15. TRANSFER.
Easydom can transfer this contract, in whole or in part, at any time with or without notice to the user. The user cannot transfer this contract, or any of its parts, to third persons. Any attempt to do this is ineffective.
16. CONTRACT FULFILLMENT DUTY IN GOOD FAITH.
Easydom and the user commit themselves to fulfill the contract with honesty and in good faith. In case of discontents or objections, the user should immediately communicate them to Easydom, keeping a plain dealing towards Easydom corporate image. Any behaviour in contrast with what provided in this contract, will allow Easydom to seek compensation for damages.
17. COMMUNICATIONS TO EASYDOM.
The communications can be sent to Easydom via e-mail or ordinary postal service.
18. EASYDOM COMMUNICATIONS TO THE USER.
Easydom can provide any data about the Service in electronic format. Easydom can provide these data to the user via e-mail to the mail address specified during the registration.
19. INTELLECTUAL PROPERTY.
Easydom owns all the intellectual property rights on the Software.
The Software's structure, organization and code are important industrial secrets and confidential information which are property of the respective owners. This contract does no give to the user any intellectual property right on the Software and all the rights not explicitly granted are reserved to Easydom.
All the Software contents are property of the respective owners and all rights are reserved.
The Software delivery does not implies any license transfer on Easydom intellectual properties.
20. LEGAL NOTES AND PROCEDURE TO CLAIM THE COPYRIGHT’S VIOLATION.
The Software is subject to the European Community laws and regulations dealing with export. The user must respect all the international and national laws and regulations that deal with export and which can be applied to the Software. These laws provide restrictions to destinations, final users and final use.