EVOLUTION-MANAGER

Edit File: EULA.txt

NTOP END USER LICENSE AGREEMENT THIS "END USER LICENSE AGREEMENT" ("EULA") IS A BINDING LEGAL AGREEMENT. BY USING THE "SOFTWARES PROVIDED TOGETHER WITH THIS EULA" (THE "SOFTWARE"), OR USING ANY AUTHORIZATION CODE PROVIDED BY THE LICENSOR, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS EULA, DO NOT MAKE ANY USE OF THE SOFTWARE OR ANY USE OF AUTHORIZATION CODES. YOUR USE OF THE SOFTWARE AND YOUR USE OF ANY AUTHORIZATION CODE IS SUBJECT AT ALL TIMES TO THE TERMS AND CONDITIONS HERE, INCLUDING ALL PROVISIONS REGARDING THE LIMITATIONS OF THE LICENSOR LIABILITY. 1. Grant of License in Favour of Registered Users. "NTOP di Deri Luca" ("Licensor") grants you a non-exclusive license to use the Software (including any updates of the Software that the Licensor may make available to you at his own discretion) and any "documentation files pertaining to the Software" ("Documentation"), only in connection with a single hardware unit with a unique "Media Access Control" ("MAC") address or unique system identifier of any kind. All copyright notices in the Software and Documentation must be retained at all times. The Software and Documentation shall be used only for your own personal, non-commercial use and not for the benefit of any other person or entity. You may also make one copy of the Software in machine-readable form only for back-up purposes, provided you properly reproduce also both any Licensor's copyright notices/credits and any proprietary legends/disclaimers. 2. IP Ownership. All the intellectual property rights pertaining to Software and Documentation shall be reserved to the Licensor, at all times. Provided the Section 1 above, any other use of the Software by any person or entity of any kind is strictly forbidden and is a violation of this EULA. All the rights not expressly granted to you herein are reserved to the Licensor. You are not allowed to remove any Licensor's copyright notices/credits and any proprietary legends/disclaimers from any copy of Software, Documentation or any component thereof. 3. Restrictions. You are not allowed to or permit/assist any third party to: (a) publish, display, disclose, rent, lease, modify, copy, loan, distribute, or create derivative works based on the Software or any part thereof; (b) reverse engineer, decompile, translate, adapt, or disassemble the Software or any part thereof; (c) attempt to create or otherwise reproduce in any form the source code from the object code of any portion or component of the licensed Software; (d) sublicense the Software or permit the exploitation of the Software by more than a single hardware unit with a unique MAC address or unique system identifier of any kind; (e) attempt to disable or circumvent any technological protection measure of the Software or assist third parties to do so. 4. Confidentiality. You agree to maintain the confidentiality of Software and Documentation: you will not disclose Software or Documentation, or any information or materials related thereto, to any third party without the express written consent of NTOP di Deri Luca. You further agree to take all reasonable measures to limit access to Software and Documentation only to those of your employees who reasonably require such access to perform their employment obligations and who are bound by confidentiality agreements with you (in order to maintain the confidentiality of Software and Documentation). 5. No Warranty. Software is provided "as it is". To the maximum extent permitted by applicable laws, Licensor disclaims warranties of any kind, either explicit or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Licensor does not warrant that the functions contained in the Software will meet any requirements or needs you may have, or that the Software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the Software will be corrected, or that the Software is compatible with any particular platform. Licensor is not obligated to provide any updates to the Software. 6. Limitation of Liability. To the extent not prohibited by applicable laws, in no event shall the Licensor be liable to you or any third party for any incidental or consequential damages (including - without limitation - indirect, special, punitive or exemplary damages for loss of business, loss of profits, business interruption or loss of business information) arising out of or related to the use of or the inability to use the Software, or for any claim by any other party, even if the Licensor has been advised of the possibility of such damages. In no event shall Licensor's total liability to you for all damages exceed the amount of the license fee paid by you to Licensor for Software and Documentation. 7. Export Restrictions. You may not export Software and Documentation in violation of applicable laws and regulations. 8. High Risk Activities. The licensed Software is not fault-tolerant and is not designed, manufactured or intended for any kind of use with 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 weapon systems in which the failure of the Software could lead directly to death, personal injury or severe physical or environmental damage: all the so called "High Risk Activities"). Accordingly, Licensor specifically disclaims any express or implied warranty of fitness for High Risk Activities. 9. Ethics. The licensor commits itself to use the Software in compliance with all applicable local, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from its country of residence. In no case the licensed Software can be used to track, spy, intercept or collect evidence of network communications to be used against individuals or organizations, to prosecute individuals or organizations, or to restrict their freedom. 10. Termination. Licensor may terminate this Agreement at any time if you violate its terms. Upon termination, you must immediately destroy or return to Licensor the Software and Documentation. The provisions of Sections 2 (IP Ownership), 3 (Restrictions), 4 (Confidentiality), 5 (No Warranty), 6 (Limitation of Liability) and the provisions of this Section 9 (Termination) shall in any case survive the termination or expiration hereof. 11. General Provisions, Governing Law, Jurisdiction. This EULA shall be governed by, construed and interpreted in accordance with Italian Law. The licensee agrees that any dispute arising from or connected to this EULA shall be submitted to the exclusive jurisdiction of the Italian Specialized IP Courts. Therefore, the jurisdiction of any other court is expressly excluded. This EULA shall constitute the entire agreement between the parties; any waiver or modification of this EULA shall be effective only if it is in writing and signed by both parties. Should any part of this EULA be found invalid or unenforceable by an Italian Specialized IP Court, the remainder of this EULA shall be interpreted so as to reasonably effect the intention of the parties. EACH PARTY IS HEREBY CONFIRMING ITS AGREEMENT WITH THE FOREGOING BY SIGNING AND RETURNING ONE COPY OF THIS EULA TO THE OTHER PARTY. PURSUANT TO ARTICLES 1341 AND 1342 OF THE ITALIAN CIVIL CODE, THE PARTIES HEREBY ACKNOWLEDGE AND EXPRESSLY APPROVE SECTIONS 1 (Grant of License in Favour of Registered Users), 2 (IP Ownership), 3 (Restrictions), 5 (No Warranty), 6 (Limitation of Liability), 8 (High Risk Activities), 9 (Termination) AND 10 (General Provisions, Governing Law, Jurisdiction).