EULA Software License
Copyright © 1998-2012 CAEN RFID s.r.l.
Licence Agreement for CAEN RFID Software or Firmware (collectively, the " CAEN RFID SwFw")
By using or distributing this CAEN RFID SwFw (or any work based on the CAEN RFID SwFw) you shall be deemed to have accepted the terms and conditions set out below.
CAEN RFID s.r.l. ("CAEN RFID") is making this CAEN RFID SwFw freely available on the basis that it is accepted as found and that the user checks its fitness for purpose prior to use.
The CAEN RFID SwFw is provided 'as-is', without any express or implied warranties whatsoever. In no event will the authors, partners or contributors be held liable for any damages, claims or other liabilities direct or indirect, arising from the use of this CAEN RFID SwFw or any derivative work.
CAEN RFID will from time to time make CAEN RFID SwFw updates available. However, CAEN RFID accepts no obligation to provide any support to free licence holders.
CAEN RFID grants you a limited non-exclusive licence to use this CAEN RFID SwFw for any purpose, including commercial applications and redistribute it freely, subject to the following restrictions:
1. Licensed Uses and Restrictions
- The origin of this CAEN RFID SwFw must not be misrepresented; you must not claim that you wrote the original CAEN RFID SwFw.
- You must not alter the CAEN RFID SwFw, user licence or installer in any way.
- This notice may not be removed or altered from any distribution.
- You may not resell or charge for the CAEN RFID SwFw.
- You may not reverse engineer, decompile, disassemble, derive the source code of or modify the CAEN RFID SwFw in order to resell, rent, lease, loan, derivative works.
- You must not use CAEN RFID SwFw to engage in or allow others to engage in any illegal activity.
- You may not claim any sponsorship by, endorsement by, or affiliation with our company.
- You acknowledge that CAEN RFID owns the copyright and all associated intellectual property rights relating to the CAEN RFID SwFw except to the extent that the CAEN RFID SwFw includes identifiable separate components originating from the CAEN RFID SwFw.
CAEN RFID SwFw applications, documentation, and local computer files installed or utilised by the installer application are owned by CAEN RFID, and are licensed to you on a worldwide (except as limited below), non-exclusive, non- sublicenseable basis as per terms and conditions set forth herein. This CAEN RFID SwFw Licence defines the legal use of the CAEN RFID SwFw, all updates, revisions, substitutions, and any copies of the CAEN RFID SwFw made by or for you. All rights not expressly granted to you are reserved to CAEN RFID or to their respective owners.
A(i) YOU MAY install and personally use the CAEN RFID SwFw and any updates provided by CAEN RFID (in its sole discretion) in an object code form on a personal computer or on board on CAEN RFID Products owned or controlled by you and may use the CAEN RFID SwFw for your own non commercial use or benefit. Your licence to the CAEN RFID SwFw under this CAEN RFID SwFw Licence continues until it is terminated by either party. You may terminate the CAEN RFID SwFw Licence by discontinuing use of all or any of the CAEN RFID SwFw and by destroying all your copies of the applicable CAEN RFID SwFw. This CAEN RFID SwFw Licence terminates automatically if you violate any term of this CAEN RFID SwFw Licence, if CAEN RFID publicly posts a written notice of termination on CAEN RFID's web site, or if CAEN RFID sends a written notice of termination to you.
A (ii) You may make a copy of CAEN RFID SwFw only if it is necessary for its use.
B. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify the CAEN RFID SwFw or any portion thereof in order to resell, rent, lease, loan, distribute or create derivative works (as defined by the Italian Copyright Act, l.22 April 1941, n.633 and following amendments) or improvements (as defined by Italian patent law), without CAEN RFID's prior, express, written permission.
(ii) incorporate the CAEN RFID SwFw into any computer chip or the firmware of a computing device manufactured by or for you except in those where you have received.
(iii) use the CAEN RFID SwFw in any unlawful manner, for any unlawful purpose.
(iv) you may not use the CAEN RFID SwFw to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. You understand that the CAEN RFID SwFw is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN RFID is not responsible.
(v) use or export the CAEN RFID SwFw in violation of applicable Italian laws or regulations.
(vi) sell, lease, loan, distribute, transfer, or sub-license the CAEN RFID SwFw or access thereto or derive income from the use or provision of the CAEN RFID SwFw, whether for direct commercial or monetary gain or otherwise, without CAEN RFID's prior, express, written permission.
C. As established by the Berna Convention concerning the Protection of Works of Art and Literature ratified in Italy by Law 20 June 1978, n. 399, the provisions of this agreement cannot be interpreted to allow their application is a jeopardizing event for the ower of the rights or is in conflict with the ordinary use of the CAEN RFID SwFw.
2. Ownership and Relationship of Parties
The CAEN RFID SwFw is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Italy, the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws. CAEN RFID owns all rights, title, and interest in and to their applicable contributions to the CAEN RFID SwFw. This CAEN RFID SwFw Licence grants you no right, title, or interest in any intellectual property owned or licensed by CAEN RFID, including (but not limited to) the CAEN RFID SwFw and the CAEN RFID trademarks, and creates no relationship between you and CAEN RFID other than that of CAEN RFID to licensee.
You agree that you will use the CAEN RFID SwFw, and any data accessed through the CAEN RFID SwFw, for your own personal non-commercial use only. You agree not to assign, copy, transfer, or transmit CAEN RFID SwFw. Your licence to use the CAEN RFID SwFw will terminate if you violate these restrictions. If your licence terminates, you agree to cease any and all use of the CAEN RFID SwFw. All rights in any third-party data, any third-party CAEN RFID SwFw, and any third- party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
3. Support and CAEN RFID SwFw Updates
CAEN RFID may elect to provide you with customer support and/or CAEN RFID SwFw upgrades, enhancements, or modifications for the CAEN RFID SwFw (collectively,"Support"), in its sole discretion, and may terminate such Support at any time without notice to you. CAEN RFID may change, suspend, or discontinue any aspect of the CAEN RFID SwFw at any time, including the availability of any CAEN RFID SwFw feature, database, or content. CAEN RFID may also impose limits on certain features and services or restrict your access to parts or all of the CAEN RFID SwFw or the CAEN RFID web site without notice or liability.
4. Fees and Payments
CAEN RFID reserves the right to charge fees for future updates to the CAEN RFID SwFw in CAEN RFID's sole discretion. If CAEN RFID decides to charge for the CAEN RFID SwFw , such charges will be disclosed to you 28 days before they are applied.
5. Disclaimer of Warranties by CAEN RFID
Use of the CAEN RFID SwFw and any data accessed through the CAEN RFID SwFw is at your sole risk. They are Provided "as is."
Any service or otherwise obtained through the use of the CAEN RFID SwFw is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of any such material or service.
CAEN RFID, its officers, directors, employees, contractors, agents, affiliates, and assigns (collectively, "CAEN RFID Entities"), and CAEN RFID Licensors do not represent that the CAEN RFID SwFw or any data accessed therefrom is appropriate or available for use outside Italy.
The CAEN RFID Entities and CAEN RFID Licensors expressly disclaim all warranties of any kind, whether express or implied, relating to the CAEN RFID SwFw and any data accessed therefrom, or the accuracy, timeliness, completeness, or adequacy of the CAEN RFID SwFw and any data accessed therefrom, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.
If the CAEN RFID SwFw or any data accessed therefrom proves defective, you (and not the CAEN RFID Entities, or the CAEN RFID Licensors) assume the entire cost of all repair or injury of any kind, even if the CAEN RFID Entities, or CAEN RFID Licensors have been advised of the possibility of such a defect or damages. Some jurisdictions do not allow restrictions on implied warranties so some of these limitations may not apply to you.
6. Limitation / Limit of liability
Notwithstanding any other provision, nothing in this CAEN RFID SwFw Licence shall exclude or limit either party's liability for the tort of deceit, fraudulent misrepresentation, death or personal injury caused by negligence.
The CAEN RFID Entities and CAEN RFID Licensors will not be liable to you for claims and liabilities of any kind arising out of or in any way related to the use of the CAEN RFID SwFw by yourself or by third parties, to the use or non-use of any brokerage firm or dealer, or to the sale or purchase of any security, whether such claims and liabilities are based on any legal or equitable theory.
The CAEN RFID Entities and CAEN RFID Licensors are not liable to you for any and all direct, incidental, special, indirect, or consequential damages arising out of the use or inability to use the CAEN RFID SwFw or any derivate work, arising out of or related to any third-party CAEN RFID SwFw or any derivate work, any data accessed through the CAEN RFID SwFw or any derivate work, your use or inability to use or access the CAEN RFID SwFw or any derivate work, or any data provided through the CAEN RFID SwFw or any derivate work, whether such damage claims are brought under any theory of law or equity. Damages excluded by this clause include, without limitation, those for loss of business profits, injury to person or property, business interruption, loss of business or personal information. Some jurisdictions do not allow limitation of incidental or consequential damages so this restriction may not apply to you.
Information provided through the CAEN RFID SwFw , may be delayed, inaccurate, or contain errors or omissions, and the CAEN RFID Entities and CAEN RFID Licensors will have no liability with respect thereto. CAEN RFID may change or discontinue any aspect or feature of the CAEN RFID SwFw or the use of all or any features or technology in the CAEN RFID SwFw at any time without prior notice to you, including, but not limited to, content, hours of availability.
You are solely responsible for compliance with agreements you have executed with third parties. You agree to indemnify and hold the CAEN RFID Entities harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the CAEN RFID SwFw , your violation of any terms or conditions of this CAEN RFID SwFw Licence, your violation of applicable
laws, or your violation of any rights of another person or entity.
8. Controlling Law
This CAEN RFID SwFw Licence and the relationship between you and CAEN RFID is governed by the laws of Italy.
This Agreement shall be construed and governed by Italian Law.
The United Nations Convention on the International Sale of Goods does not apply to this CAEN RFID SwFw Licence.
Any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by Arbitration under the provisions of Italian Law (c.p.c. art 816 and following.) by one Arbitrator.
The Arbitrator shall be nominated from Chairman of the Court of Milan.
The place of Arbitration shall be Milan, Italy and the language shall be English.
This CAEN RFID SwFw Licence constitute the entire understanding between the parties respecting use of the CAEN RFID SwFw, superseding all prior agreements between you and CAEN RFID. In the event of any conflict between the terms and conditions of this CAEN RFID SwFw Licence, the terms and conditions of this CAEN RFID SwFw Licence will control.10. Surviving Provisions
Sections 2, and 4 through 10, will survive any termination of this Agreement.
Tel No.: +39.0584.388398, Fax No.: +39.0584.388959