THE USER MUST READ THE CONDITIONS OF THE LICENSE AGREEMENT CAREFULLY
BEFORE USING THIS SOFTWARE.
USING THE SOFTWARE, USER AGREES TO THE TERMS OF THE LICENSE.
Under the terms and conditions that follow, CadWare S.r.L. is
required to provide under license, for a fee, the User the enclosed
software with its user documentation.
Any previous verbal or written agreement between the parties is
canceled by this contract.
1 Using the license
1.1 CadWare S.r.L. grants the User the non-exclusive use of the
software reserving any other rights arising from the ownership of the
software and user documentation.
1.2 The software is protected by an activation key that allows the
activation of the license on a single computer. User can transfer the
license from one computer to another at any time without limitation.
The activation can be either automatic (it requires an internet
connection) or manually.
CadWare S.r.L. provides an activation key different for each license purchased.
If the User wishes to transfer the license to another computer, he
should deactivate the license on the source computer and then follow
the normal procedure to reactivate the target computer. The User
cannot use again this same license on the source computer.
1.3 The User must not modify, translate, engineer, decompile,
disassemble, create applications, or anything else that may cause
deviations from the original software based on the software itself.
The User may not alter or modify the installer or create a new
installer for the software.
1.4 The User may not modify, translate, adapt, create applications,
or anything else based on the documentation submitted in support of
use of the software by CadWare S.r.L.
2 Sub licenses
Are prohibited.
3 Transfer of rights
The software and related user documentation may not be transferred,
assigned, leased, or given in use to third parties without a prior
written consent of CadWare S.r.L. that may, at its discretion, refuse.
4 Ownership
4.1 The software is owned by CadWare SrL and is protected by
copyright under national legislation Italian, EC legislation and the
provisions of international treaties to which Italy is a party.
4.2 The license confers no title or ownership of the software and
should not be construed as a sale of any right in the software.
5 User’s obligations
5.1 The user undertakes to satisfy the conditions set out in this
license and to consider the software and related documentation for
use strictly personal. To this end, he will allow access to the
software only to qualified personnel that will be required to comply
with this license. In any case, the User shall be responsible for his
own behavior and that of those who access the software, authorized by
him, for any use and misuse of the software used under license.
5.2 The User is responsible for protecting its activation key(s) from
being used by a third party that may access the software.
5.3 The User should not communicate his customer ID to a third party,
neither give the license rights or the activation keys.
5.4 Non-compliance by the User with this obligations will lead to
legal sanctions.
In this case, if the payment has been made or if the activation key
has already been delivered to the User, CadWare S.r.L. has the right
to block the access to the software without returning the amount
already paid by the User.
6 Trial
This software is not free. When User first obtains a copy of the
software, an evaluation period is granted.
During this evaluation period, the software has some functionality
limitations that preclude its productive use, but allow a complete
evaluation of the product, supported by the documentation provided.
If the User desires to use the software after this period, he must
buy it.
User is expected to use the software thoroughly evaluating its
usefulness and functionality before making a purchase. This "try
before you buy" approach is the ultimate guarantee that the
software will perform to User’s satisfaction; therefore, User
understands and agrees that there is no refund for any purchase of
the software.
7 Limited warranty
All warranties, statements regarding the performance, quality,
suitability for the use of the software and the user documentation
are excluded from this license.
8 Unforeseeable circumstances
The occurrence of unforeseeable events and facts, such as natural or
accidental disasters, offenses committed against the User, improper
use of the software, functioning of the software in an operating
environment not compatible or different from the one indicated are
not chargeable to CadWare S.r.L. and therefore CadWare S.r.L. will
not respond.
9 Liability
9.1 The software takes into account as far as possible the current
state of the technology.
CadWare S.r.L. does not guarantee the results of the software, which
depend to a large extent on the parameters determined by the user.
The validity of the content of meteorological databases and the
validity of components databases cannot be guaranteed.
Under no circumstances CadWare S.r.L. shall endorse or be responsible
or liable for the consequences of a difference between an estimate of
the software and a real situation.
9.2 CadWare S.r.L. shall not be liable for damages caused to the user
by original defects or supervening in the software supplied, even if
CadWare S.r.L. has been advised of the possibility of such damage.
9.3 CadWare shall not be liable for any direct or indirect damage
suffered by the User or third parties caused by the use or non-use of
the software.
9.4 USING THE SOFTWARE, USER ACKNOWLEDGES AND AGREES THAT HE IS THE
EXCLUSIVE RESPONSIBLE FOR PROPER USE OF THE SOFTWARE, OF THE
VERIFICATION OF DATA USED, OF THE CORRECT INTERPRETATION, AND OF THE
NEED TO CONTROL THE RESULTS OF ELABORATIONS.
10. Technical support
10.1 CadWare S.r.L. has no obligation to provide maintenance,
support, updates, enhancements, or modification.
10.2 As far as possible, CadWare S.r.L. will provide technical
support to the User for the current version, however without a
guarantee of success. Technical service is provided by e-mail.
10.3 If a dysfunction occurs, CadWare S.r.L. will try to correct the
error as quickly as possible.
11 Express termination clause
Apart from the cases of resolution expressly provided for by Italian
law, this License shall be deemed terminated in law in case of
violation of art.1 (Using the license), art.2 (Sub licenses), art.3
(Transfer of rights), art.4 (Ownership), art.5 (User’s
obligations), art.6 (Trial) as these are essential conditions for
CadWare S.r.L.
12 Applicable Law
This License is governed by the laws of Italy.
13 Competent jurisdiction
For any dispute which may arise from this license, jurisdiction is
that of Padua, Italy.
14 Invalidity
The invalidity of any of the provisions of such license does not make
it totally invalid.