End-User License Agreement
For Software Product

IMPORTANT READ CAREFULLY:

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Andrea Nagar having an address at Via Marco Polo 22, 10129 Torino – ITALY (hereinafter, referred to as the “Licensor”) for the software product “PhraseExpander” (hereinafter, referred to as the “SOFTWARE PRODUCT”), which includes: (1) computer software; (2) media and printed materials; and (3) online and/or electronic documentation. Hereinafter, you and the Licensor are sometimes collectively referred to as the “Parties” and each individually a “Party”.

By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.

1. Grant of License

1.1 Subject to the terms and conditions of this EULA, the Licensor hereby grants you a non-exclusive and non-transferable license to install and use the SOFTWARE PRODUCT (hereinafter, referred to as the “License”).

1.2 Unless otherwise agreed between you and the Licensor, you can install ONE copy of the SOFTWARE PRODUCT on only ONE computer and use the SOFTWARE PRODUCT on that computer.

1.3 You may make a single backup copy of the SOFTWARE PRODUCT. You may use the backup copy solely for archival purposes.

1.4 The SOFTWARE PRODUCT is licensed, not sold.

1.5 The License is valid for an indefinite period of time unless: (1) terminated pursuant to this EULA; or (2) otherwise agreed between you and the Licensor.

2. Restrictions

2.1 You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

2.2 The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be used separately.

2.3 You may not rent or lease the SOFTWARE PRODUCT.

2.4 You may not transfer your rights under this EULA.

2.5 You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.

3. Payments

3.1 In consideration of the License granted in Section 1.1, you agree to pay the Licensor a fee (hereinafter, referred to as the “License Fee”) specified: (1) on http://www.phraseexpander.com/order/ at the time when you are purchasing the License; or (2) in an email sent to you by the Licensor prior to your purchase of the License.  The License Fee depends on the edition of the SOFTWARE PRODUCT which you would like to purchase.

4. Evaluation of the SOFTWARE PRODUCT

4.1 You may use the evaluation version of the SOFTWARE PRODUCT for evaluation purposes without charge for a period of 21 days. If you use the SOFTWARE PRODUCT after the aforementioned evaluation period, you need to purchase a License for the non-evaluation version of the SOFTWARE PRODUCT. After you purchase a License, the Licensor will send you a registration code to enable the full functionality of the SOFTWARE PRODUCT.

5. Intellectual property rights

5.1 All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and applets, incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT, are owned by the Licensor or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.

6. Updates and support services

6.1 For a period of one year commencing on the date when you purchase the License, the Licensor gives you the right to receive free updates and free support services of the SOFTWARE PRODUCT, including the possibility to download new versions of the SOFTWARE PRODUCT. After the expiration of the aforementioned period of one year, you can purchase a subscription allowing you to receive updates and support services for the period of the subscription.

7. Termination

7.1 Without prejudice to any other rights, the Licensor may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

8. Disclaimer of warranty

8.1 The Licensor expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

9. Restriction of liability

9.1 In no event shall the Licensor be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, even if the Licensor has been advised of the possibility of such damages.

10. Governing law

10.1 This EULA shall be read, construed and take effect in accordance with the laws of Italy and the Parties hereto expressly agree to submit to the exclusive jurisdiction of the courts in Italy.

11. Waiver

11.1 A failure of a Party to enforce strictly a provision of this EULA shall in no event be considered a waiver of any part of such provision. No waiver by a Party of any breach or default by the other Party shall operate as a waiver of any succeeding breach or other default or breach by such other Party. No waiver shall have any effect unless it is specific, irrevocable and in writing.

12. Entire agreement

12.1 This EULA constitutes the entire understanding between the Parties with respect to the subject matter thereof and supersedes all prior agreements, negotiations, and discussions between the Parties relating thereto.

13. Severability

13.1 The unenforceability of any single provision of this EULA shall not affect any other provision hereof. Where such a provision is held to be unenforceable, the Parties shall use their best endeavors to negotiate and agree upon an enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the unenforceable provision.

14. Amendments

14.1 This EULA may be amended only by the written agreement of the Parties.

15. Contacting Us

15.1 If you have any questions about this EULA, please contact the Licensor by email at help@phraseexpander.com or by using the online form accessible here.

16. Last amendment

16.1 This EULA has been last amended on 28th June 2014.

PhraseExpander® – Copyright © 2006-2016 Andrea Nagar, Nagarsoft. All Rights Reserved