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      | EASYLINE SOFTWARE LICENSE AGREEMENT FOR PENPROTECT |   
      | (Cette page est disponible seulement en anglais) |  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.  1. License
 
 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.
 
 You may:
 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 (support@penprotect.com)  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: support@penprotect.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.
   8. Termination 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.   9. Copyright 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.   13. Transfer.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.
   14. General. 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.    |