SuperbCalc Software License Agreement
Read carefully the license agreement and approve it at the bottom of this page.
SuperbCalc Software License Agreement This is a legal agreement ("Agreement") between Roberto Mariottini ("Author") and the licensee ("Licensee"). ROBERTO MARIOTTINI ("AUTHOR") IS WILLING TO LICENSE THE SUPERBCALC SOFTWARE ("SOFTWARE") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING OR USING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "I HAVE READ THE LICENSE AGREEMENT AND I ACCEPT IT AS A WHOLE" BUTTON AND THE "I APPROVE THE CLAUSES 2 - 3 - 5 - 7 SPECIFICATELY" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD PROCESS WILL NOT CONTINUE. This Agreement is governed by the laws of Italy. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. The Software includes the SuperbCalc bytecode executable and any files and documents associated with it. If this Agreement is unacceptable to the Licensee, the Licensee must destroy any copies of the Software in his possession immediately. 1. LICENSE CONDITIONS Subject to the terms and conditions of this Agreement, the Author grants you a non-exclusive, non-transferable, limited license without license fees to install and use the Software complete and unmodified. Any copies of the Software should be complete copies including any copyright notices. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by the Author. Unless enforcement is prohibited by applicable law, you may not modify, decompile, disassemble, alter, translate, reverse engineer the Software or otherwise attempt to derive the source code of the Software. No right, title or interest in or to any trademark, service mark, logo or trade name of the Author or its licensors is granted under this Agreement. The Licensee acknowledges that Software furnished hereunder is under test and may be defective. No claims whatsoever can be made on the Author based on any expectation about the Software. 2. TERM, TERMINATION AND SURVIVAL This Agreement is effective unless terminated as follows: (A) The Licensee may terminate this Agreement at any time by destroying all copies of the Software in possession. (B) If the Licensee fails to comply with any term of this Agreement, this Agreement is terminated, without notice from the Author, and the Licensee has no further right to use the Software. On termination, the Licensee shall have no claim on or arising from the Software. The Software and any copies shall be destroyed. 3. NO WARRANTY THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. The Licensee is solely responsible for determining the suitability of the Software and accepts full responsibility and risks associated with the use of the Software. You acknowledge that licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility, aeral navigation or communication control systems, air traffic control systems, devices whose malfunctioning can lead to death or njuries or damages to a person or the environment. The Author disclaims any express or implied warranty of fitness for such uses. 4. MAINTENANCE AND SUPPORT The Author is not required to provide maintenance or support to the Licensee. 5. LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE AUTHOR OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR BUSINESS INTERRUPTION) HOWEVER CAUSED REGARDLESS OF ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE UNDER SOME LEGAL SYSTEM EXCLUSION OR LIMITATION OF LIABILITY IN SOME SPECIFIC CASES IS NOT POSSIBLE (FOR PERSONAL INJURIES, INDIRECT DAMAGES OR OTHERS) SOME OF THE ABOVE EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, KEEPING ALL THE REMAINING ENFORCED. In no event will the Author's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. 6. INTEGRATION This Agreement is the entire agreement between you and the Author relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. 7. DISTRIBUTION No distribution is to be made of the Software by the Licensee. The Licensee may make one copy of the Software for backup purpose only. Distribution to third parties (including, but not limited to, publishing on a digital media; or attaching it to other publications; or sending it via electronic mail; or making it available to download from an internet web site; or making it available to download in a peer-to-per network) without a written consent of the author is prohibited. Failing to comply to the term above implies the willing to refund the Author with €1 for any copy of the software printed, distributed, sent, downloaded or in any other way given to third parties. 8. AVAILABILITY The Software is not available to those not permitted by laws to have access to the Software.
Do you accept the license agreement?
I have read the license agreeement and I accept it as a whole.
I decline.
Under the effects of the articles 1341 and 1342 of the Italian Codice Civile I approve specificately the following clauses: 2. TERM, TERMINATION AND SURVIVAL - 3. NO WARRANTY - 5. LIMITATION OF LIABILITY - 7. DISTRIBUTION
I approve the clauses 2 - 3 - 5 - 7 specificately.
I decline.
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