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licence.txt
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1995-12-30
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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.