|EASYLINE SOFTWARE LICENSE AGREEMENT FOR PENPROTECT
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PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW).
EASYLINE IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT.
THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND EASYLINE.
BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING THE “I AGREE” OR “YES” OR “I HAVE READ THE LICENSE AGREEMENT AND I INTEGRALLY ACCEPT IT” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” OR “I DON'T ACCEPT IT” BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT YOUR VENDOR OR EASYLINE CUSTOMER SERVICE, USING THE CONTACT DETAILS IN SECTION 14 OF THIS LICENSE AGREEMENT.
The software PenProtect and the documentation of PenProtect, including any product packaging (“Documentation”) and the Demo Version, that accompanies this License Agreement (collectively the “Software”) is the property of EasyLine, and is protected by copyright law. Although EasyLine continues to own the Software, You will have certain rights to use the Software after Your acceptance of this License Agreement. This License Agreement governs any releases, revisions, or enhancements to the Software, that EasyLine may furnish to You. Subject to EasyLine’s right to terminate for Your breach pursuant to Section 10, Your rights and obligations under this License Agreement with respect to the use of this Software (excluding the Content Updates described in Section 2) shall be perpetual and shall be as follows.
A. use one copy of the Software on a single Pen Drive, Flash Memory or USB Device;
B. make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for back-up or archival purposes;
C. use the Software in accordance with any additional permitted uses which may be set forth below.
You may not, nor may you permit any other person to:
A. sublicense, rent or lease any portion of the Software;
B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software or create derivative works from the Software;
C. use the Software as part of a facility management, timesharing, service provider or service bureau arrangement; or
D. use the Software in any manner that is not permitted pursuant to this License Agreement.
2. Content Updates
You shall have the right to obtain Content Updates for any period for which You have purchased a subscription for Content Updates for the Software (including any subscription included with Your original purchase of the Software). EasyLine reserves the right to designate specified Content Updates as requiring purchase of a separate subscription at any time and without notice to You; provided, however, that if You purchase a subscription that includes particular Content Updates on the date of purchase, You will not have to pay an additional fee to continue receiving such Content Updates for the remaining period of Your existing subscription even if EasyLine designates such Content Updates as requiring separate purchase. This License Agreement does not otherwise permit You to obtain and use Content Updates.
EasyLine reserves the right to change the executable code and to remove, add or change the Software's functions.
3. Product Installation - Required Activation.
A. For installation of the Software you must provide an e-mail and have an active Internet. The Internet connection is required only during installation of the Software.
Following the purchase of Software you will receive an e-mail from EasyLine (firstname.lastname@example.org) containing:
- A Username and password to access the Customer Area of the site www.penprotect.com;
- Registration Code for the activation like AAAA-BBBB-CCCC-DDDD.
- A software program called "Install_PenProtect" (referenced below as “Software Installation”) that can automatically install the program PenProtect within your Pen Drive or Flash Memory;
- A manual installation of the Software Installation and a manual of the Software;
- A listo of Internet link (or links to pages on the Internet) that allow you to take in the future, any information stored in e-mail.
B. During the installation process, the Software Installation may uninstall or disable other security products, or features thereof, if such products or features are incompatible with the Software or for purposes of improving the overall functionality of the Software.
C. There may be technological measures in this Software an in the Software Installation that are designed to prevent unlicensed or illegal use of the Software. You agree that EasyLine may use these measures to protect EasyLine against software piracy. This License Agreement and the Software containing enforcement technology require activation as further set forth in the Documentation. During activation, You may be required to provide Your unique Registration Code accompanying the Software and computer configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact EasyLine Customer Support using the information provided by EasyLine during activation, or as set forth below.
4. Privacy - Data Protection.
From time to time, the Software may collect certain information from the computer on which it is installed, which may include:
- Information regarding installation of the Software. This information indicates to EasyLine whether installation of the Software was successfully completed and is collected by EasyLine for the purpose of evaluating and improving EasyLine’s product installation success rate. This information will not be correlated with any personally identifiable information.
- Information on potential security risks as well as URLs of websites visited that the Software deems potentially fraudulent. The URLs could contain personally identifiable information that a potentially fraudulent website is attempting to obtain without Your permission. This information is collected by EasyLine for the purpose of evaluating and improving the ability of EasyLine’s products to detect malicious behavior, potentially fraudulent websites and other Internet security risks. This information will not be correlated with any personally identifiable information.
- The name given during initial setup to the computer on which the Software is being installed. If collected, the name will be used by EasyLine as an account name for such computer under which You may elect to receive additional services and/or under which You may use certain features of the Software. You may change the account name at any time after installation of the Software (recommended).
- Other general, statistical information used for product administration and analysis, and for improving product functionality. This information will not be correlated with any personally identifiable information.
5. Ten (10) Day Money Back Guarantee.
Within 10 days after receipt of the "Registration Code" (Section 3.A.2), if You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please make no further use of the Software and contact EasyLine Customer Service, using the contact details set out in Section 14 of this License Agreement. The installation of the Software is equivalent to the opening of a software package; then, after the installation of the Software, You can not exercise the "Money Back Guarantee" provided in “DIRECTIVE 97/7/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 1997 on the protection of consumers in respect of distance contracts” (see Section 14 for the Governed Lows). Request for a refund, outside the European Union, must be submitted to the e-mail: email@example.com. Money back is not available on multiple user licenses. If the purchase of Licensed Program is via PayPal then the “Money Back Guarantee" will also be subject to contract PayPal," User Agreement for PayPal Service" that You can read before the purchase.
6. Limited Warranty.
EasyLine warrants that the media on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that EasyLine will, at its option, replace any defective media returned to EasyLine within the warranty period or refund the money You paid for the Software. EasyLine does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
7. Disclaimer of Damages.
EasyLine provide the software "as is" and with all faults, and here by disclaim all other warranties and conditions, either express, implied or statutory, including but not limited to any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, and of lack of negligence or lack of workmanlike effort. also, there is no warranty or condition of title, of quiet enjoyment, or of noninfringement. the entire risk arising out of the use or performance of the software is with you.
SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL EASYLINE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF EASYLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL EASYLINE’S LIABILITY EXCEED THE PURCHASE PRICE WHICH YOU PAID FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
Without prejudice to any other rights, EasyLine may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement.
You may not remove or alter any Licensor copyright, trademark or other proprietary rights notice contained in any portion of the Software. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by the respective content owner. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
10. Export Regulations
All Software, documents, technical data, and any other materials delivered under this License Agreement are subject to Italian export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to you.
11. Governing Law.
Any action related to this License Agreement will be governed by Italian Law and the You declares to accept the italian jurisdiction.
12. Intellectual Property Ownership - Copyright Protection.
The Software and any authorized copies that you make are the intellectual property of and are owned by EasyLine. The structure, organization and code of the Software are the valuable trade secrets and confidential information of EasyLine. The Software is protected by law, including without limitation the copyright laws of the Italian law. Except as expressly stated herein, this License Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by EasyLine.
You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software.
This License Agreement will be governed by the Italian laws. This License Agreement is the entire agreement between You and EasyLine relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. This License Agreement shall terminate upon Your breach of any term contained in this License Agreement and You shall cease use of and destroy all copies of the Software and Documentation. The disclaimers of warranties and damages and limitations on liability shall survive termination. This License Agreement may only be modified by the Documentation or by a written document that has been signed by both You and EasyLine. Should You have any questions concerning this License Agreement, or if You desire to contact EasyLine for any reason, please write to EasyLine, Via Capo Peloro 27/C, 00141 - Rome - ITALY, or visit the Support page.