IMPORTANT READ CAREFULLY
This End-User License Agreement (EULA) is a legal agreement between customers (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, customers 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 customers 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 customers and the Licensor, customers are allowed to install ONE copy of the SOFTWARE PRODUCT on only ONE computer and use the SOFTWARE PRODUCT on that computer.
1.3 Customers may make a single backup copy of the SOFTWARE PRODUCT. The backup copy shall be used 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 customers and the Licensor, including (but not limited to) any possible upgrade of the Software product.
2.1 Customers 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 Customers are not entitled to rent or lease the SOFTWARE PRODUCT to other individuals and/or entities.
2.4 Customers are not entitled to transfer their rights to other individuals and/or entities.
2.5 Customers may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium, customers can use only one medium that is appropriate for their single device. Customers are not entitled to loan, rent, lease, or otherwise transfer the other medium to other users.
3.1 In consideration of the License granted in Section 1.1, customers agree to pay the Licensor a fee (hereinafter, referred to as the “License Fee”) as specified: (1) on https://www.phraseexpander.com/order/ at the time while purchasing the License; or (2) in an email sent by the Licensor prior to your purchase of the License.
The License Fee may change according to the purchased edition of the SOFTWARE PRODUCT, and /or to possible temporarily limited and/or geographically limited promotions, and/or to possible special conditions applied to limited customers, and/or to possible other policies applied by the Licensor.
4. Evaluation of the SOFTWARE PRODUCT
4.1 Users are entitled to use the evaluation version of the SOFTWARE PRODUCT for evaluation purposes only, free of charge, for a period of 21 days. If the SOFTWARE PRODUCT is used after the aforementioned evaluation period, users need to purchase a License for the non-evaluation version of the SOFTWARE PRODUCT. After the purchase order, the Licensor will provide customers with 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.
Third parties may own copyrights with reference to single components of the SOFTWARE PRODUCT.
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 from the first purchase of the license, the Licensor grants customers 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, customers can purchase a subscription allowing them to receive updates and support services for the period of the subscription.
7.1 When permitted by law, without prejudice to any other right, the Licensor may terminate this EULA if customers fail to comply with the terms and conditions of this EULA. In such event, when permitted by law and without prejudice to any other right, customers are not allowed to continue to use the SOFTWARE PRODUCT.
8. Applicable warranties
8.1 Italian and European Union law provides for certain warranties: some of them apply to all customers, others apply only to customers considered as consumers.
The Licensor recognizes all warranties provided for by Italian and European Union Law.
8.2 Some other jurisdictions provide for other and /or different warranties. To the extent permitted by the respective law, the Licensor excludes all warranties provided for by jurisdictions different from those mentioned under 8.1
9.1 When permitted by law, the Licensor will not be responsible for lost profits and /or revenues, financial losses or indirect, consequential damages.
To the extent permitted by law, the total liability of the Licensor for any claim under these terms is limited to the amount paid to the same Licensor in order to use his services.
In any case, the Licensor will not be liable for any loss or damage that is not reasonably foreseeable.
10. Governing law
10.1 This EULA shall be read, construed and take effect in accordance with both the national laws of Italy and the EU norms applicable in Italy
10.2 All claims arising out of or relating to this EULA filed by or against customers considered EU resident consumers under Italian and EU law will be submitted to the respective Courts deemed competent under Italian and EU law.
10.3 All other claims arising out of or relating to this EULA filed by or against customers different from those mentioned under 10.2, will be litigated exclusively in the Giudice di Pace di Torino or Tribunale di Torino, depending on the value of each claim as identified under the Italian Code of Civil Procedure.
11.1 When permitted by law and as a general rule, 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 When permitted by law and as a general rule, 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.
13.1 When permitted by law and as a general rule, the unenforceability of any single provision of this EULA shall not affect any other provision hereof.
14.1 The Licensor may modify these terms to, for example, reflect changes to the law or changes to the software product. Users and customers should look at the terms regularly. The Licensor will post notice of future modifications to these terms on this page. The Licensor will post notice of eventually modified additional terms. Changes will not apply retroactively and will become effective no sooner than thirty days after they are posted. However, changes addressing new functions for the software product or changes made for legal reasons will be effective immediately. If users and customers do not agree to the modified terms, they should discontinue their use of the software product.
15. Contacting Us
16. Last amendment
16.1 This EULA has been last amended on 9th April 2018.