END USER LICENSE AGREEMENT
This end user license agreement ("EULA") is a legal agreement between the Licensee and Touchwindow S.r.l., a company with registered offices at no. 13 Via dell’Industria, 48015 z.i. Montaletto di Cervia (RA), Italy, and concerns the use of the Game Suite software (in the trial version or full version).
Read this Agreement carefully before completing the installation procedure and using the Software. Any Licensee who does not accept the terms of this EULA is expressly forbidden to install and/or use the Game Suite software.
The installation, copying, or use of the Software implies the acceptance of this Agreement, and therefore constitutes implicit acceptance.
1 - CONCESSION AND TERMS OF THE LICENSE
The use of the Game Suite software is conceded on a licensing basis. The user hereby declares to be aware and accept that this Agreement does not result in any transfer of the Software's ownership, and, likewise, that this Agreement will not be construed as a sale of the Software or of any rights associated with the same.
The license granted by this EULA is NOT exclusive. Touchwindow S.r.l. is free to grant similar licenses to third parties.
2 - OWNERSHIP
The licensed Software and any authorised copies of the same that may have been made by the Licensee are the exclusive property, and constitute the intellectual property, of Touchwindow S.r.l.
The architecture, structure, organization, and code of the licensed Software constitute valuable trade secrets and confidential information of Touchwindow S.r.l.
Except as expressly provided in this EULA, the Licensee is not granted any intellectual property rights in relation to the Game Suite software. The Licensee may not issue or publish any statements and/or information concerning the licensed Software without the express written consent of Touchwindow S.r.l.
3 - TRIAL VERSION
The Game Suite software can only be used without prior activation for trial purposes, in order to evaluate its performance, and only with the express written consent of the Touchwindow S.r.l. staff. The trial version has limited features and/or functions, and expires after 30 days.
4 - ACTIVATION
The licensed Software contains hardware/software functions designed to prevent its illegal or unlicensed use. It is prohibited to install and/or use the Game Suite software on more than one computer. The licensed Software must be activated in the manner specified during the installation procedure and in the Documentation provided. An internet connection (Section 5) or the acquisition of data (the MAC or internet protocol address of the hardware) may be required for any on-line activation procedures.
5 - INTERNET CONNECTION
The Game Suite software may require an Internet connection in order to access certain functions or for authentication purposes when logging in.
6 - PROHIBITED USES
b) after having notified Touchwindow S.r.l. and with its express written consent.
The Licensee may not remove the Touchwindow S.r.l. trademark nor obscure and/or remove any copyright notices or third party trademarks that Touchwindow S.r.l. has included in the licensed Software or in the Documentation provided. The Licensee may not use the Game Suite software for purposes that are not permitted by the current Laws. The Licensee may not sell, assign, or transfer the licensed Software or the License granted under this EULA without the written consent of Touchwindow S.r.l.
If the Licensee should attempt to circumvent any security measure used in connection with the Software, the Licence and the relative rights of use will be terminated with immediate effect.
7 - LIMITATION OF LIABILITY
Under no circumstances may Touchwindow S.r.l. be held liable for any direct, consequential, indirect, or incidental damages, claims or costs of any kind, nor for any lost profits, savings or files/computer data, even if Touchwindow S.r.l. has been pre-emptively notified of the possibility of such losses, damages, claims or costs, nor may it be held liable for any claims asserted by any third parties. Any responsibility to be borne by Touchwindow S.r.l. pursuant to or in connection with this EULA shall be limited to the amount paid for the licensed Software.
8 – CORREZIONE BUG E AGGIORNAMENTI
The Licensee is provided with the latest release of the licensed Software. While Touchwindow S.r.l. does not provide any assurances with regard to the absence of bugs, it shall nevertheless take measures to resolve any bugs that the Licensee may encounter during use within a maximum period of 30 days from the license activation date. Once this period has elapsed, Touchwindow S.r.l. shall no longer be obligated under this EULA to provide any of the above activities free of charge to the Licensee.
The Licensee may nevertheless request assistance, support, and bug fixes upon the payment of a fee, based on the price list in force at the time of the request.
Touchwindow S.r.l. may determine, at its sole discretion, that the only remedy to the technical issues encountered is a cash refund of the price paid by the Licensee for the licensed Software.
Touchwindow S.r.l. reserves the right to evaluate and conduct activities relating to the development of new functions, or the modification of existing functions.
Touchwindow S.r.l. may request the upgrading or downgrading of any third-party software required for the licensed software's functionality.
9 - APPLICABLE LAW
This EULA is subject to, and shall be governed by and interpreted in accordance with the substantive laws in force in the State of Italy, whose Law Courts shall have exclusive jurisdiction in the event of any disputes. The exclusive jurisdiction will be attributed to the Ravenna forum.