AutoPIA license agreement
END USER LICENSE AGREEMENT FOR CYBERQUAL SOFTWARE
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM USE OR INSTALL
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
CyberQual s.r.l. grants to YOU a non-exclusive right to use the licensed functionality of the SOFTWARE PRODUCT in accordance with the terms contained in this EULA. You may use the SOFTWARE PRODUCT on a single computer during the term of the EULA. Unless the contrary is specifically indicated in the product specification, this EULA permits to run a single instance of the SOFTWARE PRODUCT on the computer. If the term is limited in time, this EULA is only valid for the period specified below. If the EULA is classified as unlimited or perpetual and paid in full, the EULA will never terminate except if there is a material breach of the use restrictions and only then following failure by the user to rectify the breach within ten (10) days of written notice of the breach of any use restrictions.
This EULA commences upon the installation of the SOFTWARE PRODUCT. Without prejudice to any other rights, CyberQual s.r.l. may terminate this EULA if YOU fail to comply with the terms and conditions of this EULA. In such event, YOU must destroy all copies of the SOFTWARE PRODUCT in your possession. If the term is limited in time, it is effective for the time indicated by either the hardware license key, the EULA certificate or as embedded in the SOFTWARE PRODUCT by means of a termination date or run-time limitation. This EULA terminates automatically without notice from CyberQual s.r.l. upon the expiration of its term. After the expiration, YOU must destroy all copies of the SOFTWARE PRODUCT in your possession.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Trademarks. This EULA does not grant YOU any rights in connection with any trademarks or service marks of CyberQual s.r.l. or its suppliers.
- No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the SOFTWARE PRODUCT.
- Support Services. CyberQual s.r.l. may provide YOU with support services related to the SOFTWARE PRODUCT ("SUPPORT SERVICES"). Any supplemental software code provided to YOU as part of the SUPPORT SERVICES are considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. YOU acknowledge and agree that CyberQual s.r.l. may use technical information YOU provide to CyberQual s.r.l. as part of the SUPPORT SERVICES for its business purposes, including for product support and development. CyberQual s.r.l. will not utilize such technical information in a form that personally identifies YOU.
4. INTELLECTUAL PROPERTY RIGHTS
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by CyberQual s.r.l. or its suppliers except if explicitly stated. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE PRODUCT, but may be accessed through use of the SOFTWARE PRODUCT, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants YOU no rights to use such content. If this SOFTWARE PRODUCT contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All rights not specifically granted under this EULA are reserved by CyberQual s.r.l..
5. APPLICABLE LAW
This EULA shall be governed and construed in accordance with the laws of Italy and shall benefit CyberQual s.r.l., its successors and assigns. Any claim or dispute between YOU and CyberQual s.r.l. or against any agent, employee, successor or assign of CyberQual s.r.l., whether related to this EULA or otherwise, and any claim or dispute related to this EULA or the relationship or duties contemplated under this EULA, including the validity of this arbitration clause, shall be submitted to the sole jurisdiction of the Italian Courts.
6. NO WARRANTY
CyberQual s.r.l. expressly disclaims any warranty for the SOFTWARE PRODUCT and the SUPPORT SERVICES (if any). To the maximum extent permitted by applicable law, CyberQual s.r.l. provides the SOFTWARE PRODUCT and the SUPPORT SERVICES (if any) 'As Is' without any express, implied or statutory warranty of any kind, including but not limited to any (if any) warranties, duties or conditions of merchantability, non-infringement, of fitness for a particular purpose, of results, of workmanlike effort, of lack of viruses and of lack of negligence all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide SUPPORT SERVICES. CyberQual s.r.l. does not warrant or assume responsibility for the correctness, accuracy, reliability, currentness or completeness of any information, text, graphics, links or other items contained within or produced by the SOFTWARE PRODUCT and the SUPPORT SERVICES. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the SOFTWARE PRODUCT. The entire risk as to the results and performance of the SOFTWARE is assumed by YOU. CyberQual s.r.l. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. CyberQual s.r.l. further expressly disclaims any warranty or representation to Authorized Users or to any third party.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall CyberQual s.r.l. be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE PRODUCT, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of CyberQual s.r.l., and even if CyberQual s.r.l. has been advised of the possibility of such damages.
8. LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of CyberQual s.r.l. under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT. The foregoing limitations, exclusions and disclaimers (including sections 6 and 7 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
9. ENTIRE AGREEMENT
This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) is the entire agreement between you and CyberQual s.r.l. relating to the SOFTWARE PRODUCT and the SUPPORT SERVICES (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any CyberQual s.r.l. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.