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“User License Agreement for Fl0wer” software
These licensing terms and conditions are intended to be the Agreement between the Author (Gilberto Persico, Italian Tax Identification Number PRSGBR72H09H501C) and the Licensee. The Licensee shall read them carefully. These licensing terms and conditions shall be applied to the software mentioned above and, moreover, to the upgrade, the update and to the technical support service, unless the software or the service shall not have specific terms and conditions; in that case, the latter shall prevail.
By using or buying a Fl0wer software, the Licensee accept the following conditions.
If the Licensee complies with the terms and conditions of this Agreement, he shall be entitled for each license purchased.
WHEREAS
Software: The Fl0wer software includes software for server systems and Desktop applications.
License: The Fl0wer software is licensed per operating system instance.
LICENSE GRANTING
The Author reserves at his own discretion the right to accept, refuse or revoke the grant of the Fl0wer user license. If a payment for the user license has been done, it shall be reimbursed net of all the transaction fees (5% of the total amount).
If a license file has been transmitted to the Licensee, this shall uninstall the software and send the Author a letter of termination of use, together with the date and hour of termination. This letter has to be received by the Author before receiving the reimbursement.
HOW TO INSTALL THE SOFTWARE. RIGHTS OF USE
The Fl0wer software for server can be installed only in a single operating system instance and in a single server at time. The installation shall be permitted in a physical or a virtual machine (such as KVM, Citrix, Virtualbox, VMWARE, Solaris LDOM, LPAR, etc.), but shall not be permitted neither in several virtual machines, although operating in the same hardware, nor and even less to copy the possible virtual machine installation onto other physical machines. The on line transfer of the virtual machine image in other physical hardware is only and exclusively permitted in case of the “live migration” provided by the virtualisation platform (KVM Live Migration, LDOM Migration, VMWARE vMotion,etc.), that is to preserve the use of software in case of breakage and/or maintenance of the physical hardware.
As for Desktop Fl0wer software (CLI utilities and GUI Application), the source code is available. It can be used in all the supported devices and can be modified and/or customized or changed by the Licensee or by skilled service personnel appointed by him, but it shall not be neither resold nor in any way distributed to other third parties outside this License Agreement, except explicit formal agreements entered with the Author.
The name and the logo of the Fl0wer product are registered trademarks; the use of the name Fl0wer and its logo are not permitted for any reason, except explicit formal agreements entered with the Author.
LICENSE SCOPE
The software shall not be sold, but licensed for use. This Agreement grants the Licensee only some rights for the software use; the Author reserves all the other rights. To the fullest extent permitted by applicable law, the Licensee shall use the software only and exclusively according to the procedures provided by this Agreement.
By doing so, the Licensee shall observe any software technical limitation, both explicit and implicit, in order to be used by him only in specific ways, The Licensee shall not:
bypass the software technical limitations made by the author
decode, decompile or disassemble the software, except in case these activities are expressly permitted by the applicable law, despite this limitation
make or implement a quantity of software copies higher than the number specified or permitted in this Agreement by the applicable law, despite this limitation
publish the software and its software authorizations to allow the other to copy
license the software for rental, to lease it or to lend it or
use the software for the hosting of commercial services
resell the software without prior agreements with the Author
BACK UP
The Licensee shall make one (1) backup copy of the software; it shall be used only and exclusively to reinstall the software in case of corruption and/or damages on the system where it is installed.
DEMO VERSION, NOT FOR SALE
The Licensee shall not sell the software that shows the label “Evaluation Version”.
UPDATING PROCESS
If the software is sold to the Licensee as Updating process, the Licensee shall use it only and exclusively in case he holds an older version of the same software. If the Licensee makes the Updating process, this software replaces the older version; consequently, this agreement replaces the older agreement. The Licensee shall not use the older software version.
TRANSFER TO ANOTHER DEVICE OR ANOTHER OPERATING SYSTEM INSTANCE
In order to use the software, the Licensee shall uninstall and install it in another operating system instance. The Licensee shall not implement the above mentioned, in order to use the same license in other operating system instances.
TRANSFER TO THIRD PARTIES
The Licensee shall not freely transfer this software and this agreement to another user, without previous formal Authorization by the Author, which is subject to management costs. For further information, please contact the Author to the following e-mail address: [email protected] .
RESTRICTION ON THE EXPORT
The software is subject to the Italian applicable law for Export Controls. The Licensee shall comply with all the local and international laws and provisions, which can be applicable to the software for the export control. These laws shall also include limitations about the destinations, the end users and the final use. The Licensee shall be liable to check out for more information before purchasing the software user license.
RESTRICTIONS ON THE PRODUCT USE.
The Author cannot technically check the real use of the product, but, due to the nature and the kind of the product, he strictly forbids the use of the same for discriminatory and/or any kind of persecutory purposes. Any use that breaches all the above mentioned, shall result in the termination of this agreement by releasing and holding harmless the Author from any liability related to the use of the software made by the Licensee and by Authorizing the Author, at his sole discretion, to take a proper legal action against the product Licensee.
ENTIRE AGREEMENT
This Agreement, included the following warranty and the conditions for supplements, the upgrading services and the technical service supports used by the Licensee, represents the entire agreement about the software and the technical service supports.
APPLICABLE LAW
This agreement is subject to the Italian laws and dispositions. All the disputes arising between the Author and the Licensee shall be subject to the exclusive jurisdiction of the court of Rome, Italy.
LEGAL EFFECTS.
In this agreement, some rights are granted. In pursuance of the State law or the law of the Country of residence, other rights shall be granted to the Licensee. Moreover, the Licensee shall directly be entitled to further rights towards the seller of the software License use. This agreement does not amend the rights held by the Licensee, which are unchangeable by the law of his Country of residence.
LIMITATION OF LIABILITY AND DAMAGES EXCLUSION
The Licensee shall only claim the Author or his Distributors for the compensation of direct damages and limited to the sum actually paid by the Licensee for the software (net of all the transaction fees as described above). The Licensee shall not claim for the compensation of other possible damages, included consequent, special, direct, indirect damages or those related to the loss of profit or rights.
This limitation shall be applied to:
any question concerning the software, the services, the contents (included the code) shown on Internet website or third parties’ programs and
any controversies related to liability in contract, breach of warranty or conditions, no fault liability, negligence or other fault, to the fullest extent permitted by applicable law.
Such limitations are also applied if:
the repair, the replacement or the reimbursement of the software shall not completely refund the Licensee for possible losses
the Author had been informed or should have been informed about the possibility of such damages.
LIMITED WARRANTY
LIMITED WARRANTY
If the Licensee complies with all the instructions, the software shall run in substantial compliance with all that has been described in the digital documentation provided by the Author through his website http://fl0wer.me .
WARRANTY PERIOD; WARRANTY RECIPIENT; LASTING OF POSSIBLE IMPLIED WARRANTY
The limited warranty is one year last, starting from the date where the software user license has been purchased by the Licensee. If the Licensee shall receive updating, supplements or replacement software during the warranty year, they shall be covered by the remaining warranty period. If the first user, subject to the Authorization and to the economic coverage of the license transfer of charges, shall transfer the software user license to another user, the remaining warranty period shall be applied to the transferee.
As far as legally permissible, the possible warranties or the implicit conditions shall be valuable for the limited warranty period of validity. Some countries do not permit limitations about the lasting of implicit warranties; consequently, such limitations shall not be applicable. In addition, the above-mentioned limitations shall not be applicable in those Countries that does not permit limitations about the warranty lasting or an implicit condition.
NO WARRANTIES
Warranty shall not be applicable in case of problems arising from actions (or omissions) made by the Licensee, from the actions made by third parties or from events beyond the Author’s reasonable control.
LICENSEE’S REMEDIES
The Author shall correct the software bugs without any additional cost, limited to the scheduled releases, which are planned and scheduled by the Author at his sole discretion. No corrective and/or customized and/or improving versions shall be released, unless the equivalent purchase of that service on the website http://fl0wer.me has been performed.
In case the Author (or a person entitled by him) shall not make the bug-fixing, he shall refund the possible amount paid by the Licensee (net of all the transaction fees as described above). The Licensee shall uninstall the software and send the Author a letter of termination of use, together with the date and the hour of termination. This letter has to be received by the Author before receiving the reimbursement. These are the only remedies concerning the breach of the limited warranty.
WARRANTY PROCEDURES
Upon the Author’s request, the Licensee shall submit the software license’s purchase receipt, in order to enjoy the services related to the warranty.
The Licensee shall contact the Author (or the Distributor who has sold the software user license) by means of writing to the e-mail address [email protected]. The Licensee shall carefully describe the kind of problem, as reported in the Fl0wer user manual. Only the e-mails written in a correct Italian or English language will be accepted. The Licensee shall provide all the information requested by the Author and shall perform all the possible procedures required, in order to detect the problems. He also accepts that, in case a problem has been confirmed, it shall be solved according to the procedures and time limits established by the Author. If the problem shall be unsolvable, (as determined by the Author), the Licensee shall refund the possible amount paid (net of all the transaction fees as described above), after having sent the Author a letter of termination certification, together with the date and the time of termination.
In case the Licensee urgently needs to solve the problem, he will purchase a customized solution service on the website http://fl0wer.me .
DISCLAIMER OF OTHER WARRANTIES
The limited warranty is the only warranty granted to the Licensee by the Author. No other warranties or conditions, both implicit and explicit, are provided. To the fullest extent permitted by applicable law, possible implicit warranties of merchantability, suitability for a specific purpose and non-infringement are excluded. If the local legislation acknowledge the Licensee possible warranties or implicit conditions despite this exclusion, the remedies provided by the Licensee and described in the clause “the Licensee’s Remedies”, shall be applied in any case, to the fullest extent permitted by local laws.
LIMITATION OF LIABILITY AND DAMAGE EXCLUSION BY BREACH OF WARRANTY
The Limitation of Liability clause and the damage exclusion shall be applied to the breaches of this limited warranty. Moreover, the Licensee should benefit other rights, which differ from Country to Country, together with the specific rights acknowledged to the Licensee and conferred by this warranty.
AUTHORIZATION FILE PROTECTION
The Fl0wer server software needs an Authorization file for the legal use of the software. Without this file, the software shall not be executed; this Authorization file is not intended to be a protection of the same software, since it is not connected to the hardware where the Fl0wer software for server is executed. The Licensee shall be liable for the safe storage of the file mentioned above; any other distribution in any other system is strictly forbidden. In case the Author shall find unauthorized copies on Internet or in other clients, whose licenses have been granted to the Licensee, he shall be entitled, at his own discretion, to claim the Licensee for the economic damages he deems they are the more appropriate.
