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HoneySoftware End User License Agreement - English Version |
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END USER LICENSE AGREEMENT FOR HONEYSOFTWARE SOFTWARE
Ver. 1.5-ENG - Rev. 28, August 19 2007
IMPORTANT - READ CAREFULLY:
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and HoneySoftware for the HoneySoftware software that accompanies this EULA, which includes associated media and HoneySoftware Internet based services ("Software"). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. HoneySoftware grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use.(a) you may install and use a copy of the Software on one personal computer or other device; (b) an Activation Key is necessary in order to switch to full version of the software; the Activation Key is related to the PC (Personal Computer) on which the software is running and on which it will be activated. This means that the Software will work, as a full version, only on PC from which you read the Product ID you send HoneySoftware for the Key creation. (c) If you will change the OS (Operating System) or the CPU, the Software will not work as a full version but as a evaluation purpose only version. At that moment you can ask for again an Activation Key: we will send you free a one more Activation Key, as far as once. If you will change one more time your hardware (SO or CPU) HoneySoftware License will invalidated; in order to continue to use the Software, you'll must regain the it. (d) You may install an additional copy of the Software on a second, portable device for the exclusive use of the primary user of the first copy of the Software; in that case if you bought an Activation Key you are free to request a one more for the portable device, provided that you did not receive a second Activation Key as permitted by Article 1(c) and/or Article 13 of this EULA
1.2 Alternative Rights for Storage/Network Use. As an alternative to Section 1.1(a), you may install a copy of the Software on a network storage device, such as a server computer, and allow one access device, such as a personal computer, to access and use that licensed copy of the Software over a private network. You must obtain a license and an Activation Key for the Software for each additional device that accesses and uses the Software installed on the network storage device, except as permitted by Section 1.4 of this EULA.
1.3 License Grant for Remote Desktop. You may use remote access technologies, to access and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote desktop session accesses and uses the Software with a remote access device. These remote desktop rights do not permit you to use the Software on both the device hosting the remote desktop session and the access device at the same time.
1.4 License Grant for Remote Assistance. You may permit any device to access and use your licensed copy of the Software for the sole purpose of providing you with technical support and maintenance services.
1.5 License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.
1.6 Maximum number of Activation Key you can request. The maximum number of Activation Key you can request after a purchase, exclusively for that permitted by Section 1.1 and Article 13 of this EULA, is settled in two.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to exercise your rights to the Software under this EULA after a finite number of product launches unless you activate your copy of the Software in the manner described during the launch sequence and/or in the Software Documentation. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. HoneySoftware will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. HoneySoftware will not collect any personally identifiable information from your device during this process.
2.2 Internet-Based Services. You may not use any HoneySoftware Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
2.3 Report-Writing Runtime Software Limitations. The Software may contain report-writing runtime software ("Runtime Software"). Other than use with the Software, you may not use the Runtime Software with any other software application nor use the Runtime Software as part of any process or system that is used to automatically deliver,share or distribute documents or other work created using the Runtime Software.
2.4 You may not resell or transfer a demo version of the software.
2.5 You may not: (i) alter the software or create a new application based on this software; (ii) alter your computer or hard disk in order to enable the demo version of the software for a period longer than that settle by the Trial version; (iii) use the demo version to make performance tests of the software prior to had received a written permission by HoneySoftware; (iv) use the demo version for any purpose different than evaluation purposes; you may not use the demo version during training courses.
2.6 You can receive the software on more media but you have to install it using only one of this media: the much appropriate media for your computer.
2.7 You may not use the Software to develop a software which has the same functionalities.
3. RESERVATION OF RIGHTS AND OWNERSHIP. HoneySoftware reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. HoneySoftware or its suppliers own the title, copyright, and other intellectual property rights in the Software. Other marks, names and logos may be registered trademarks. You may not remove or alter any mark, product name, logo or copyright. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of HoneySoftware.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software.
5. NO RENTAL. You may not rent, lease or lend the Software.
6. CONSENT TO USE OF DATA. You agree that HoneySoftware and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. HoneySoftware may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. HoneySoftware is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. HoneySoftware is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by HoneySoftware of the third-party site or service.
8. ADDITIONAL SOFTWARE AND SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that HoneySoftware may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. HoneySoftware reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
9. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by HoneySoftware as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
10. NOT FOR RESALE SOFTWARE. Software identified as "Not for Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
11. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to Italian. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, and destination restrictions issued by Italian and other governments.
12. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
13. SOFTWARE TRANSFER. Internal. You may transfer your copy of the Software from a device for which you had received an Activation Key to a different device, as far as once, and ask for a new Activation Key for the new device, provided that you did not receive a second Activation Key as permitted by Article 1(c) and/or 1(e) of this EULA. After the transfer, you must completely remove the Software from the former device. Transfer to Third Party. If you are the person who initially licensed the Software and received an Activation Key, provided that you did not receive a second Activation Key as permitted by Article 13 ("Internal") and/or Article 1(c) and/or 1(e) of this EULA, you may make a one-time permanent transfer of this EULA, Software and Certificate of Authenticity (if applicable) to another end user, provided that you do not retain any copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms. The new end user may ask for a new Activation Key by supplying a new "Product Id", as far as once; in that case Article 1(c), Article 1(d) and Article 13 will not apply no more.
14. TERMINATION. Without prejudice to any other rights, HoneySoftware 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 and all of its component parts.
15. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and HoneySoftware relating to the Software (excluded any support services) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any HoneySoftware policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
16. HONEYSOFTWARE GUARANTEE. Statutory rights not affected - The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have from your reseller or from HoneySoftware if you acquired the Software directly from HoneySoftware.
16.1 The guarantee. The Software is designed and offered as a general-purpose software, not for any user's particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, HoneySoftware guarantees that (a) for a period of 90 days from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Software; and (b) any support services provided by HoneySoftware shall be substantially as described in applicable written materials provided to you by HoneySoftware and HoneySoftware support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this guarantee, HoneySoftware will either (a) repair or replace the Software or (b) within a period of at most 90 days from the data of receipt return the price you paid. This guarantee is void if failure of the Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software and any support services.
16.2 Exclusion of All Other Terms. To the maximum extent permitted by applicable law and subject to the guarantee above, HoneySoftware disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater.
17. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS PROVIDED IN THE HONEYSOFTWARE GUARANTEE, HONEYSOFTWARE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF HONEYSOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE HONEYSOFTWARE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
18. APPLICABLE LAW. This EULA is governed by the laws of Italy. In respect of any dispute which may arise concerning this EULA, the case will fall within the jurisdiction of the Caltagirone courts.
Should you have any questions concerning this EULA, or if you desire to contact HoneySoftware for any reason, please write to HoneySoftware, Industrial Area S.M. di Poggiarelli, 95041 Caltagirone (CT) Italy, or visit HoneySoftware on the World Wide Web at http://www.honeysoftware.com.
