Piczard 1 - FREE Community Edition
USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY
This is a legal agreement between you (either as an individual or a single entity) and Sergio Turolla for the software product "Piczard" - Free Community Edition - Version 1.x - which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "SOFTWARE").
By installing, copying or otherwise using this SOFTWARE you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE.
1. GRANT OF LICENSE. You may install and use an unlimited number of copies of the SOFTWARE on an unlimited number of machines. Sergio Turolls may terminate this Agreement if Licensee breaches any of its terms and conditions.
2. COPYRIGHT. The SOFTWARE is owned by Sergio Turolla and is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties.
The SOFTWARE is licensed, not sold. There is therefore no transfer of any rights of ownership.
You must treat the SOFTWARE like any other copyrighted material.
3. TERM OF LICENSE. The license will continue until you physically destroy all copies of the SOFTWARE and merged portions thereof.
4. OTHER RESTRICTIONS.
(i) REVERSE ENGINEERING. You may not reverse engineer, modify, decompile, or disassemble the SOFTWARE.
(ii) TERMINATION. Without prejudice to any other rights, Sergio Turolla may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.
In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
Sergio Turolla reserves the right to modify or discontinue at any time the SOFTWARE with or without prior notice.
(iii) FUNCTIONALITIES. You may use this Product in your application as long as the product that you produce and/or distribute is NOT a software component or a software library with functionality substantially similar or equivalent to the SOFTWARE.
(iv) PROPRIETARY NOTICES, LABELS AND TRADEMARKS. You may not remove or hide any proprietary notices, labels, trademarks from the SOFTWARE or associated documentation.
You are informed that images generated by the SOFTWARE may contain information about the SOFTWARE and /or the author of the SOFTWARE.
Only by using a licensed version of "DeBrand" Plugin for Piczard V1.0 FREE Community Edition (major version 1) - available through the "Plugin Gallery" section of the Piczard's website (http://piczard.com) - you are granted to remove or hide some proprietary notices, labels and trademarks generated by the SOFTWARE.
5. ENHANCEMENTS AND UPDATES. From time to time, at its sole discretion, Sergio Turolla may provide enhancements, updates, or new versions of the SOFTWARE on its then standard terms and conditions thereof. This Agreement shall apply to such enhancements.
6. THIRD PARTY SOFTWARE. The SOFTWARE may contain third party software / software code, which requires notices and/or additional terms and conditions.
Such required third party software notices and/or additional terms and conditions are located on Piczard's website (http://piczard.com/docs/thirdPartyLicensesAndCopyrights/).
These notices may be updated from time to time in Sergio Turolla's sole discretion and you are responsible for checking the Piczard's website (http://piczard.com/docs/thirdPartyLicensesAndCopyrights/) and complying with the third party notices.
Sergio Turolla is not responsible for any third-party software and will have no liability of any kind for your use of such third-party software and makes no warranty of any kind with respect to such third-party software.
7. PLUGINS. The SOFTWARE allows for the creation and use of plugin software ("Plugins") provided as a convenience through the "Plugin Gallery" section of the Piczard's website (http://piczard.com).
Some of the Plugins in the Plugin Gallery" section are authored by Sergio Turolla, and some are authored by third parties ("Third Party Plugins").
Sergio Turolla is not responsible for any Third Party Plugins that you may install or use, and has no responsibility for what a Third Party Plugin does or does not do when used with the SOFTWARE.
You hereby waive any and all claims that you may have against Sergio Turolla resulting from the installation or use of a Third Party Plugin.
In no event will Sergio Turolla be liable to you or any third party for damages, direct or consequential, arising out of your downloading and/or use of a Third Party Plugin.
8. FILTERS. The SOFTWARE allows for the creation and use of image processing filter software ("Filters") provided as a convenience through the "Filter Gallery" section of the Piczard's website (http://piczard.com).
Some of the Filters in the "Filter Gallery" section are authored by Sergio Turolla, and some are authored by third parties ("Third Party Filters").
Sergio Turolla is not responsible for any Third Party Filters that you may install or use, and has no responsibility for what a Third Party Filter does or does not do when used with the SOFTWARE.
You hereby waive any and all claims that you may have against Sergio Turolla resulting from the installation or use of a Third Party Filter.
In no event will Sergio Turolla be liable to you or any third party for damages, direct or consequential, arising out of your downloading and/or use of a Third Party Filter.
9. USER LICENSE AGREEMENT CHANGES. Sergio Turolla may changes the User License Agreement from time to time without the need to inform you in person.
Changes to the Agreement will be posted on Piczard's website (http://piczard.com/docs/license/) and will take effect 60 days following the notice of change was posted.
Your continued use of the SOFTWARE following any change and/or update made in respect of this Agreement, constitutes acceptance of the amended Agreement.
10. NO SUPPORT OBLIGATIONS. Sergio Turolla is not obligated to provide any update to the software.
Sergio Turolla may or may not provide you with support services related to the SOFTWARE. If support is provided by Sergio Turolla, any supplemental code or material provided to you shall be considered part of the SOFTWARE and subject to the terms and conditions of this Agreement.
11. BACKUP AND REPLACEMENT. You may make one or more backup copies of the SOFTWARE.
Sergio Turolla may provide replacement copies of the SOFTWARE but is under no obligation to do so.
DISCLAIMER OF WARRANTY. The SOFTWARE is provided free of charge, and, therefore, on an "as is" basis, without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non infringement with respect to the software and the accompanying documentation.
Without limiting the foregoing provisions, Sergio Turolla makes no warranty that the software will be error-free or free from interruptions or other failures or that the software will meet your requirements.
This disclaimer of warranty constitutes an essential part of this Agreement.
No use of the SOFTWARE is authorized hereunder except under this disclaimer.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Sergio Turolla or anyone else who has been involved in the creation, development, production, distribution or supply of this software be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use of or inability to use this Sergio Turolla product, even if Sergio Turolla or its dealer have been advised of the possibility of such damages.
Some countries do not allow the exclusion or limitation of certain implied warranties or the limitation of the foregoing warranty or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed some of the foregoing limitations and exclusions may not apply to you.
HIGH RISK ACTIVITIES. The SOFTWARE is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities").
GENERAL PROVISION. You shall have no right to sub-license any of the rights of this Agreement, for any reason. In the event of the breach by you of this Agreement, you shall be liable for all damages to Sergio Turolla and this Agreement shall be terminated.
If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby.
This Agreement constitutes the entire Agreement between the parties for the supply of the SOFTWARE and its associated documentation and supersedes all prior arrangements, agreements, representations, and undertakings.
This Agreement may not be changed or modified except by a written instrument in accordance with the provisions herein.
GOVERNING LAW. This Agreement shall be interpreted under the laws of Italy.
You agree that all controversies pertaining to the SOFTWARE and/or this Agreement shall be brought in the court of Treviso (Italy).
You hereby submit to the jurisdictions of such court.
You shall be responsible for the payment of all taxes, duties, or levies that may now or hereafter be imposed by any authority upon this Agreement for the supply, use, or maintenance of the SOFTWARE, and if any of the foregoing taxes, duties, or levies are paid at any time by Sergio Turolla, you shall reimburse Sergio Turolla in full upon demand.
USER LICENSE AGREEMENT REVISION DATE: 2011-09-03T16:00:00Z
ACKNOWLEDGEMENTS. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.