Flutnet.Interop.Java8 2.2.0 License Info
FLUTNET - License Agreement
Released: July 27, 2020
- IMPORTANT - READ CAREFULLY
- GRANT OF LICENSE
- SUPPORT SERVICES
- NO OTHER RIGHTS
- LIMITED WARRANTY
- LIMITATION OF LIABILITY
- PRODUCT DELIVERY
- REFUND POLICY
- THIRD PARTY LIBRARIES
- ENTIRE AGREEMENT
- APPLICABLE LAW
Please remark, if you have any questions concerning this EULA please write to firstname.lastname@example.org
Flutnet is a © 2020 product by:
Novagem Solutions S.r.l.
Via Pomponazza 10/12
Villa Poma (di Borgo Mantovano)
46036 - MANTOVA - ITALIA
IMPORTANT - READ CAREFULLY
This End-User License Agreement ("EULA") is a legal license agreement between you ("You" and "Your" includes a person and/or a legal entity) and Novagem Solutions Srl ("NGS"), for the Flutnet Software ("FLUTNET"), which may include the user manual, any associated software components, any media, any other printed materials, and any online or electronic documentation. READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING FLUTNET, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. WRITTEN ASSENT IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE. FLUTNET IS LICENSES, NOT SOLD.
GRANT OF LICENSE
For any single "Developer License" acquired, this EULA grants You a perpetual, nonexclusive license to use FLUTNET in binary code form only, subject to certain restrictions, on <u>a maximum of two (2) individual physical computers (or Virtual Machines) per operating system and used by the same single developer</u> (one Windows desktop, one Windows laptop, one macOS desktop, one macOS laptop).
For the "Company License" acquired, this EULA grants to Your company a perpetual, nonexclusive license to use FLUTNET in binary code form only, subject to certain restrictions, on a maximum number of hosts (physical personal computers or Virtual Machines), regardless of the operating system, equal to the number of personal computers envisaged by Your FLUTNET purchase order. Remark: end users that will use FLUTNET must be direct employees of Your company.
Excluding the free trial version of FLUTNET and test purposes only, you may not install FLUTNET entity without a valid FLUTNET license. In any case, you may not modify, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from FLUTNET, in whole or in part, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, sell, lease, or lend FLUTNET without prior written consent from NGS. You may not publish or publicly distribute any license codes, access codes, unlock codes, passwords, or other end-user-specific registration information that would allow a third party to activate FLUTNET without a valid license.
Transferring a license changes the license holder. You may transfer the FLUTNET license and accompanying written materials on a permanent basis, provided: (i) you retain no copies; (ii) the recipient expressly agrees to the terms of this EULA; (iii) you contact NGS prior to the transfer to inform NGS of such transfer; and (iv) the transfer is part of a larger transaction, which includes a sale or transfer of the right to develop and sell Your applications that work in conjunction with FLUTNET or a sale of substantially all of Your business. Upon such transfer, Your license under this EULA is automatically terminated.
NGS may provide you with support services related to FLUTNET as described in the online documentation, and/or other NGS-provided materials, and as they may be modified from time to time. Any supplemental FLUTNET code provided to you shall be considered part of FLUTNET and subject to the terms and conditions of this EULA.
Without prejudice to any other rights, NGS may terminate this EULA if you fail to comply with any of the material terms and conditions of this EULA. In such event, you must uninstall and/or destroy all copies of FLUTNET. You may terminate this license at any time by destroying the original and all copies of FLUTNET in whatever form.
NO OTHER RIGHTS
NGS claims and reserves title to FLUTNET, NGS trademarks, service marks, trade names, icons and logos, any and all copyright rights, patent rights, trade secrets rights, and other intellectual property rights and proprietary rights throughout the world, and all confidential information, and all rights and benefits afforded by available United States and international laws and international treaty provisions protecting copyright and other intellectual property rights. You acknowledge that this EULA does not transfer title to the intellectual property in FLUTNET to you. You further acknowledge that you will not acquire any rights to FLUTNET whatsoever except as expressly set forth in this license. Nothing herein shall be construed to limit the rights of NGS to use, modify, adapt, or enhance FLUTNET, or any derivative works based on FLUTNET, for their own purposes.
You agree to indemnify, hold harmless and defend NGS and its directors, officers, employees, affiliates, sub-licensees, agents, and representatives from and against all losses, expenses (including but not limited to all attorney's fees, expert fees and other legal expenses), judgments, claims, demands, suits, or other actions, that arise or result from the use or distribution of your application(s).
When you activate or validate your FLUTNET license, NGS's servers record the public IP Address and other hardware information of the workstations where FLUTNET is installed. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
NGS warrants that FLUTNET will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of your purchase of a FLUTNET license. NGS, with respect to any breach of this warranty, will be to use commercially reasonable efforts to promptly correct the non-compliance (provided that you notify us in writing within the warranty period and allow NGS a reasonable cure period). Delivery of additional copies of, or Updates to, the Product will not restart or otherwise affect the warranty period. NGS DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, AND NGS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARISING OUT OF OR RELATING TO FLUTNET AND THE ACCOMPANYING WRITTEN MATERIALS.THE WARRANTY DOES NOT COVER ANY FLUTNET PROVIDED ON AN UNPAID EVALUATION OR TRIAL BASIS. NGS has no obligation to assist in your installation or use of FLUTNET or to provide services or maintenance of any type with respect to FLUTNET, unless otherwise expressly agreed in writing. You acknowledge that FLUTNET may contain errors or bugs. You must determine whether FLUTNET sufficiently meets your requirements. This disclaimer and limitation of representations and warranties constitutes an essential part of this EULA.
LIMITATION OF LIABILITY
NGS IS NOT LIABLE FOR POSSIBLE DIRECT OR INDIRECT DAMAGES THAT MAY HAVE BEEN SUFFERED BY YOU OR BY THIRD PARTIES AS A RESULT OF THE CORRECT OR NOT CORRECT USE OF FLUTNET OR ANY APPLICATION PRODUCED WITH FLUTNET. NGS IS NOT LIABLE IN ANY WAY FOR THE RESULTS OBTAINED THROUGH THE USE OF FLUTNET. IN NO EVENT SHALL NGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, CONSULTANTS, REPRESENTATIVES, AGENTS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERUPTION, LOSS OF DATA, OR ANY OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF FLUTNET, OR OTHERWISE ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THIS EULA. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER NGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, NGS'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE AMOUNT OF USD $1.00.
If any provision of this EULA is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable.
After we have processed your payment successfully, you will receive an email with your order number and other purchase information, including your license key. Your license key is also available in your account area along with your download links. The license key is required to activate the FLUTNET software. You can download the product by clicking on the appropriate links from the download pages of FLUTNET web site.
You can ask for a refund <u>within 30 days from Your purchase and before the use of Your license key to activate FLUTNET software</u> by contacting us at email@example.com. No refund will be granted after 30 days from the purchase or after Your license key has been used to activated FLUTNET software. We encourage you to try the free trial before purchasing FLUTNET license. By purchasing FLUTNET license, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment, or legal actions.
NGS may occasionally send you emails related to the purchase of product(s) from our company. We may also send you occasional email newsletters relating to updates, promotions, extensions, and the like. We will never sell or release your email to any third-party vendors. You may opt out of these emails at any time without penalty.
FLUTNET may periodically check for updates, You can download and install them yourself. You may obtain updates only from NGS or authorized sources. For one year after the purchase you will receive all updates and upgrades for free, during this period (and no more time) You can extend the update period at an annual fee of 50% of the retail cost of a new FLUTNET license at the time of renewal. Updates may not include or support all existing software features, services, or peripheral devices.
THIRD PARTY LIBRARIES
The software may include third party components with separate legal notices or governed by other agreements, as may be described in the Third Party Software Notices file(s) accompanying the software.
This EULA is the entire agreement between you and NGS relating to FLUTNET and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to FLUTNET or any other subject matter covered by this EULA. By purchasing NGS product(s), you indicate and consent that you have read and agree to the terms and conditions listed and detailed on this document. NGS reserve the right to change or modify the current Terms and Conditions without prior notice or consent.
This EULA shall be governed by and construed in accordance with the laws of the State of Italy irrespective of any conflicts of law principles. You agree that any legal action arising out of or in connection with this EULA shall be brought in the state courts in Mantova city, Italy. The applicability of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
The parties declare that they have read and specifically approved in writing the clauses referred to in articles:
LIMITATION OF LIABILITY