License Agreement for Fl0wer” software
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.
buying a Fl0wer
software, the Licensee accept the following conditions.
the Licensee complies with the terms and conditions of this
Agreement, he shall be entitled for each license purchased.
The Fl0wer software includes software for server systems and Desktop
License: The Fl0wer software is licensed per operating system instance.
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).
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.
TO INSTALL THE SOFTWARE. RIGHTS OF USE
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.
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.
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.
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.
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
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.
VERSION, NOT FOR SALE
Licensee shall not sell the software that shows the label “Evaluation
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.
TO ANOTHER DEVICE OR ANOTHER OPERATING SYSTEM INSTANCE
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.
TO THIRD PARTIES
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: firstname.lastname@example.org
ON THE EXPORT
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.
Licensee shall be liable to check out for more information before
purchasing the software user license.
ON THE PRODUCT USE.
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.
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.
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.
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.
OF LIABILITY AND DAMAGES EXCLUSION
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.
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.
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.
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
PERIOD; WARRANTY RECIPIENT; LASTING OF POSSIBLE IMPLIED WARRANTY
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.
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.
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.
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
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
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.
the Author’s request, the Licensee shall submit the software
license’s purchase receipt, in order to enjoy the services related
to the warranty.
Licensee shall contact the Author (or the Distributor who has sold
the software user license) by means of writing to the e-mail address
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.
case the Licensee urgently needs to solve the problem, he will
purchase a customized solution service on the website
OF OTHER WARRANTIES
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
OF LIABILITY AND DAMAGE EXCLUSION BY BREACH OF WARRANTY
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.
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.