PLEASE READ THE TERMS OF THE FOLLOWING SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON THE “ACCEPT” BUTTON. BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
SOFTWARE LICENSE AGREEMENT
This Software License Agreement (hereinafter defined “SLA”) is intended to be a legal agreement between the following parties (hereinafter called the “Parties”):
– You, the user, either an individual or, if purchased or otherwise acquired by or for an entity, a single legal entity (in both cases, the “User”), and
– Seizent di Alessio Mei, VAT Reg. No/P.IVA IT 01261180457 (hereinafter defined “Seizent”).
By indicating your agreement by clicking on the “Accept” button and downloading the software, you, the User, acknowledge that you have read, understand, and agree to be bound by all of the terms and conditions of this SLA.
Object of the Agreement: Seizent hereby grants the User, and the User hereby accepts, a nonexclusive and nontransferable license to use the computer program called “OneClick! Installer 3” (hereinafter referred to as the “Product”). The Product allows computer users to automate the installation of third party (“Third Party”) software.
Intellectual Property Rights: Seizent remains the sole owner of all rights, title and interest in the licensed Product and related documentation. The Product is licensed, not sold to the User, and can only be used in accordance with the terms of this SLA. The User is only a licensee of the Product (copies lawfully made included), not the owner. The licensed Product is protected by the Italian Intellectual Property Right, international copyright laws and treaties, trade secret laws, as well as other intellectual property laws and treaties. All rights that are not explicitly granted in this SLA are reserved by Seizent.
The Product allows the User to install Third Party software on computers. Seizent does not own any intellectual rights over the Third Party computer programs installed through OneClick! Installer 3. Use of the Product to install Third Party software implies thus the User’s full and unconditioned acceptance of all the terms and conditions included in each Third Party SLA. All the rights in the Third Party software installed through the Product are exclusive property of the respective owners.
Versions Available: The Product is distributed by Seizent in the following versions:
– “Free”: free version, provided with limited functionality; no expiration time, unlimited number of sessions of Third Party software installation.
– “Trial”: free trial version, provided with full functionality; valid for 15 days from the date of activation, or for 50 sessions of Third Party software installation.
– “Full”: paid version, provided with full functionality; valid for 1 year from the date of activation, or for 3,000 sessions of Third Party software installation.
Product Activation: The Product is provided with anti-piracy technological measures designed to prevent its illegal or unlicensed use. When running OneClick! Installer 3 (Full) for the first time, the User will be required to register in order to activate the Product license. In case of problems with the activation process, the User should contact the Seizent customer support center.
License Subscription Term: The license of OneClick! Installer 3 (Full) starts on the date of activation of the license itself and ends (1) on the license expiry date; (2) after reaching the maximum number of sessions allowed; or (3) in case of license agreement termination. After the license expires, the program will stop working until a new license is activated.
License Transfer and Sub Licensing Prohibited: The User must not sub license, assign, or transfer this license or the Product. Any attempt to sub license, assign or transfer any of the rights, duties or obligations under this license is void. For the purposes of this SLA, “sub licensing” will also include the unauthorized distribution, sharing, license or key code, or other activation method. The User agrees that all aspects of the licensed materials, including the specific design and structure of the program, constitute trade secrets and/or copyrighted material of Seizent. The User agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party. Except as set forth below, the User agrees not to copy, in whole or in part, software or documentation.
Authorized Software Copies: The User is entitled to make copies of the Product only for the User’s personally owned hardware devices. The User is also allowed to make copies of the Product on hardware devices not in the User’s possession for the sole purpose of automating the installation of Third Party software. In this latter case, the User must delete the copy and/or uninstall the Product from the device not in the User’s possession immediately after completing the Third Party software installation process.
Reverse Engineering Prohibited: This SLA does not grant the User any right to obtain the source code of the Product from Seizent. It is absolutely forbidden for the User to do reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code. The User must not, personally or through others, alter, modify, translate, deconstruct, adapt or create derivative works from the Product in any way or remove proprietary notices in the software.
Updates: OneClick! Installer 3 may be subject to mandatory automatic updates in order to ensure and maintain the quality of the Product and its compatibility with the latest versions of Third Party software.
Obligatory Data Backup: In order to prevent partial or full data loss or corruption, it is solely the User’s responsibility to complete a backup of all existing data, software, and programs stored on the hardware devices where the Product is run before using OneClick! Installer 3. That being said, Seizent will have no liability for any damage, loss or corruption of data or programs, or loss of use of system(s) or network(s) arising out of the use of OneClick! Installer 3. The User understands and agrees that under no circumstances will Seizent be responsible for any loss, corruption, deletion, destruction, damage of software, programs, or data stored on the hardware devices where the Product is used.
Warranty and Disclaimers: If the User is a Consumer, Seizent warrants that the EU Directive 1999/44/EC on “certain aspects of the sale of consumer goods and associated guarantees”, as implemented by the Italian Legislative Decree no. 206/2005, will apply provided that (1) the Product fails to conform to the Directive specifications and (2) the User complies with all its requirements or obligations. Save as set out in these terms and conditions, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing, usage, or trade practice, are hereby excluded to the extent allowed by applicable law.
Disclaimer of Liability: To the extent allowed by applicable law, in no event will Seizent be liable for damages of any type, direct or indirect, consequential or special damages, including the damages for loss of business profits or revenues, loss of data, business interruptions or any other business damages or losses, deriving or anyway associated with the use or impossibility to use OneClick! Installer 3, regardless of fault and responsibility. To the extent allowed by applicable law, in no event will Seizent be liable for any damages in excess of the amount Seizent received from the User for a license to the Product. In no event will Seizent be liable for damages caused by installation or use of Third Party software installed through OneClick! Installer 3.
Personal Data Protection Policy: In compliance with the terms and requirements of Section 13 of the Italian Legislative Decree no. 196/2003 concerning the “Italian Personal Data Protection Code”, (hereinafter the “Code”), by accepting the following conditions, the User authorizes the treatment and communication of the User’s personal data solely in relation or instrumental to the aims, objectives, and obligations of this SLA. The User acknowledges being aware that personal data are processed manually or by automated tools for the time necessary to achieve the purposes for which they were collected. Specific security measures are taken to prevent data loss, misuse or improper and unauthorized access. Data will be handled for the entire duration of the contractual relations that have been established and beyond that, where necessary, to fulfill all legal obligations as well as for future business purposes. With reference to the data in question, the User is entitled to exercise all the rights set forth in Section 7 of the Code, including the rights of data access, updating, rectification or, where interested therein, integration of the data, erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed. By accepting the terms and conditions of this SLA, the User authorizes Seizent to process the User’s personal data also for promotional and direct marketing purposes, as in compliance with Section 130 of the Code.
Governing Law and Jurisdiction: This SLA is subject to the laws of the Republic of Italy. If the User is a Consumer, Seizent warrants that the EU Directive 1999/44/EC will also apply. Any claim or dispute arising from their interpretation, enforcement and execution will be settled by the Court having jurisdiction in the city of Massa, Italy.
License Termination: This SLA is effective until terminated. If the User fails to comply with any terms of this SLA, Seizent has the right to terminate this license immediately. Any other agreement existing between Seizent and the User will be likewise terminated. In case the User has provided Seizent with updated and reliable contact information, Seizent will send the User a notice of termination. Following the termination of this SLA, Seizent reserves the right to withhold the delivery of automatic updates and block the use of the Product. After the termination of the license, all fees paid by the User as license fees are non-refundable.
Final Clause: For any rights not expressly granted herein, the Parties agree that this SLA is subject to the applicable law and, in particular, to the Italian Civil Law No. 633 of April 22, 1941 concerning the Italian Copyright Statute, and its modifications and amendments.