Terms and Conditions

End User License Agreement for the Vizubi products:

IMPORTANT – READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between an individual or a entity (hereinafter “You”) and Syntes srl and its suppliers and licensors (collectively “COMPANY”) regarding the installation and use of the software product identified above (hereinafter “SOFTWARE”). The SOFTWARE includes computer software, the associated media, any hardware supplied with the SOFTWARE, any printed materials, and any “online” or electronic documentation.

By opening the package, downloading the SOFTWARE, installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions of this EULA.

*** If You do not agree to the terms of this EULA, COMPANY is unwilling to license the SOFTWARE to You. In such event, You may not use or copy the SOFTWARE, and You should promptly contact COMPANY for instructions on return of the unused product for a refund.

If You do not agree all of the terms of this EULA, select “Do not accept” and then press the button labeled ‘NEXT.’ and the installation process will not continue. In addition (1) if You are otherwise attempting to download the software and you do not agree with the terms of this EULA, do not complete the download; or, (2) if your software was included in equipment which you purchased and You do not agree with the terms of this EULA, do not use the software. ***

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

The SOFTWARE is licensed, not sold.This EULA only gives You some rights to use the software. COMPANY reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations of the software that only allow you to use it in certain ways.

1. GRANT OF LICENSE.

Subject to the terms and conditions contained in this EULA, COMPANY hereby grants to You a non-exclusive, non-transferable, limited license to install and use the SOFTWARE, providing that you have purchased the appropriate number of licenses.

This EULA grants you the following rights:

- Software. You may install and use one copy of the SOFTWARE on one computer at a time. If you have purchased a Multi-User version then you may install the number of copies your license entitles you to install.

- Storage / Network Use. You may store or install a copy of the computer software portion of the SOFTWARE on a computer to allow your other computers to use the SOFTWARE over an internal network, and distribute the SOFTWARE to your other computers on an internal network ONLY if you have purchased the appropriate license to allow you to do this.

However, you must acquire and dedicate a license of the SOFTWARE for each computer on which the SOFTWARE is used or to which it is distributed. A license for the SOFTWARE may not be shared or used concurrently on different computers.

- Back-Up Copies. You may copy the SOFTWARE for back-up and archival purposes, provided any copy must contain all of the original SOFTWARE’s proprietary notices.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

- Limitations on Modification,Reverse Engineering, Decompilation and Disassembly. You may not modify, reverse engineer, decompile ,disassemble or otherwise derive the source code of the SOFTWARE or reduce the SOFTWARE to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

- Separation of Components. This SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one machine.

- Removal of proprietary notices, labels or marks. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the SOFTWARE.

- Develop like software.You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other like technology, or to determine if such software or other technology performs in a similar manner as the Software.

- Benchmark. You must obtain COMPANY’s prior written approval to disclose to a third party the results of any benchmark test of the SOFTWARE.

- Rental and Sublicense. You may not sell, rent, lease, sublicense or distribute rights to the SOFTWARE.

- Software transfer. You may permanently transfer all of your rights under this EULA provided you retain no copies, you transfer all of the SOFTWARE (including component parts, the media and printed materials, any upgrades, this EULA) and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.

- Termination. This EULA will automatically terminate if You fail to comply with any term hereof. No notice shall be required from the COMPANY to effect such termination. You may also terminate this EULA at any time by notifying the COMPANY in writing of termination. Upon any termination of this EULA, You shall immediately discontinue use of the SOFTWARE and shall within three (3) days return to the COMPANY, or certify destruction of, all full or partial copies of the SOFTWARE, documentation and related materials provided by the COMPANY.

- Third Party Software. The Software may contain third party software, which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.

3. UPGRADES

If the SOFTWARE is an upgrade from another product, whether from COMPANY or another supplier, you may use or transfer the SOFTWARE only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE is an upgrade of a COMPANY product, you now may use that upgraded product only in accordance with this EULA.

4. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, data and “applets” incorporated into the SOFTWARE), are owned by COMPANY or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE.

This software, and accompanying documentation, contain valuable trade secrets belonging to COMPANY; and the licensee agrees to not disclose, in any manner, to any third party, any information pertaining to this software and the copy protection techniques it employs. The licensee agrees not (or allow any one else to): reverse engineer, decompile, disassemble it, or any way attempt to examine the algorithms used.

5. WARRANTIES AND LIABILITIES

(a) NO WARRANTIES. THE SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. COMPANY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SOFTWARE OR THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AS TO ANY RESULTS TO BE OBTAINED FROM ANY USE OF THE SOFTWARE OR INFORMATION TO BE DERIVED THEREFROM. NOTWITHSTANDING THE FOREGOING, YOU MAY HAVE CERTAIN RELATED RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

(b) LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHER, IN NO EVENT SHALL THE COMPANY’S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED [ONE DOLLAR USD ($1.00)].

6. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless the Company, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that You have violated any terms of this License Agreement. If You are importing the Software from the United States, You shall indemnify and hold Company harmless from and against any import and export duties or other claims arising from such importation.

7. GENERAL

This EULA constitutes the complete and exclusive agreement between You and the COMPANY. The terms and conditions contained in this EULA may not be modified except in a writing duly signed by You and an authorized representative of the COMPANY. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

This EULA shall be governed by the laws of Italy.

Syntes srl
Via Rinaldo Rinaldi, 30
Padova 35121 Italy