LICENSE AGREEMENT
This License Agreement (the "Agreement") is made and entered into as of the date of purchase between Lorenzo Rizzotti ("Licensor"), and the licensee ("Licensee").
WHEREAS, Licensor has developed and owns the proprietary software described as ("Software");
WHEREAS, Licensee desires to use the Software under the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
Licensor hereby grants to Licensee a non-exclusive, non-transferable license to use the Software for the purposes set forth in this Agreement.
Licensee may use the Software for any lawful purpose, provided that the Software is used only in accordance with the terms and conditions of this Agreement.
Licensee may distribute the Software, including the source code and the executable, as long as the software license key check with Lorenzo Rizzotti's servers is left in place and functioning properly.
Licensor retains all proprietary rights in and to the Software, including all copyrights, trademarks, trade secrets, patents and any other intellectual property rights therein.
Licensee acknowledges that the Software contains proprietary and confidential information of Licensor. Licensee agrees to hold the Software in confidence and not to disclose or use the Software except as expressly permitted by this Agreement.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE.
This Agreement shall terminate automatically if Licensee breaches any term or condition of this Agreement. Upon termination, Licensee shall immediately cease all uses of the Software and destroy all copies of the Software in its possession.
This Agreement shall be governed by and construed in accordance with the laws of Italy. The parties hereby consent to the exclusive jurisdiction of the courts of Italy.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, relating to the subject of this Agreement.
Licensee may not assign this Agreement without the prior written consent of Licensor.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.