NOTICE TO THE USER
Please read carefully this License agreement, term and condition of use as it shall be applied to consent the access and use of this software.
LICENSE AGREEMENT/SOFTWARE USE TERMS AND CONDITIONS
- DESCRIPTION OF THE SOFTWARE
This agreement regulates the use of the software “Uranium Backup” – hereinafter Software – included the use of any content such as the text, information, images, the totality of the services, the incorporated instruments, the programs, the software.
The Software allows the User to perform data backup activities, in the modalities and with the limitations of the version chosen at the moment of the order.
To finish installing the product, the User must enter an activation code that is personal and uniquely connected to the individual machine on which the Software is installed, since the user cannot use it for more than one installation.
- GRANT OF THE LICENSE
Nanosystems Srl (hereinafter Nanosystems) grants to the User a limited, non-exclusive, non-transferable license to access and use the Software. The User may not rent, lease, sublicense, assign, reverse engineer, distribute, modify, loan, distribute, export or otherwise transfer, or permit any third party to use the Software, activation code, technology or other information, including any printed information regarding the Software, and the User may not create a derivative work of the Software or modify the Software in any way.
In order to use the Software, the User must request the activation code from Nanosystems, which is valid only for one license.
The Reseller may sell the Software licenses not yet activated to third parties. A license may only be sold to one customer and not to others, unless the purchaser returns the license to the Reseller, who must provide proof with appropriate accounting / administrative documentation to obtain a new activation code.
The User customer may sell his license of the Software to third parties provided that he declares under his own responsibility that he no longer uses that license of the Software.
In order to obtain a new activation code of the Software, the person who has purchased a used license, must provide Nanosystems with the accounting / administrative documentation necessary to prove the transfer in his favour.
The sale of a used license (i.e. already activated) is not allowed in case the Software license is linked to a single device.
- EXCLUSION OF RESPONSIBILITY
Nanosystems shall not be considered responsible towards the User in relation to the content and use of the Software. Nanosystems provides an instrument to make data backups, while the setting and the use are exclusively made by the User. Nanosystems and his distributors, authors, editor, reviser, associates and publisher cannot be considered responsible for mistakes, omission or any other consequence due to the application of the information contains and there is no warranty, explicit nor implicit, on the diffusion, completeness, utility or accuracy of the contents of the Software. Nanosystems does not certify and is not responsible for the accuracy of the contents of sources not belonging to it or for practices and standards not belonging to the sources themselves.
Contents and Section 5, 6, 7, 9, 10, 11 and 13 shall survive even after the termination of the license.
- WARRANTY EXCLUSION
It is not given any warranty that the Software shall satisfy the needs, that the use shall be continuous, precise, sure and without errors, or that it shall be compatible with third parties products; at the same way, Nanosystems shall not give any warranty that the results that might come from the use of the Software or the accuracy and the integrity of any information obtained through the use of the Software (included the informative content produced by third parties) or that any eventual error of the Software shall be corrected. Nanosystems and its providers, do not give any warranty, express or implicit about the Software, included any implicit warranty of quality, commerciality, eligibility for a specific use coming from law, statute or practice, nor of non-violation of third party’s rights. User is aware and accepts that the use of any material or data obtained through the Software is at his sole discretion and risk and that he shall be the only responsible for any damages suffered by his informatic system or for the loss of data that might occur from the download of any content or material.
- LIABILITY LIMITATION
User acknowledges and agrees that Nanosystems and its distributors or licensors, in the limits established by the law, shall not be considered responsible for any damages, direct or indirect, occurred by chance, exceptional, consequential or from loss of earnings, in any way caused and due to a whatsoever liability, even if notified about the possibility of such damage, included, without any limitation, for damages due to injury, loss of data, loss of earnings, suspension of the activities due or related to (i) the use of the Software from User or through another person’s account; (ii) cost for supply of substitute data, information or software; (iii) non authorized access or modification in the User’s data transmission; and/ or (iv) every other question related to the Software or it’s use, to the device or the operative system used. In addition, User shall be considered the only responsible for each decision concerning the use of the Software to introduce, organize and/or transfer personal data.
In any case, the potential Nanosystems liability shall be limited to the value of purchase of the Software.
Nanosystems shall not be considered liable for the unlawful use made by the User, who remains the only responsible for such behavior.
To the fullest extent permitted by law, the User agrees to indemnify, defend, and hold harmless Nanosystems, its officers, employees, and suppliers from and against any and all actions or demands, including reasonable attorneys’ fees, made by third parties due to or allegedly related to your use of the Software, by the violation of this Agreement or violation of any third party rights.
- VALIDITY OF LICENSE
The User is authorized to use the Software subject to this license only on one device for an unlimited period of time.
If for user’s needs, such as the replacement of the computer on which the Software is installed, it should be necessary to proceed with a new installation, the User must contact Nanosystems again to obtain the relevant installation code.
The User may request a new activation code at most 2 times, not earlier than 6 months from the purchase of the product or from the first request for code change.
- EARLY TERMINATION AND WITHDRAWAL
The license will be effective until its expiration, as indicated on the order confirmation of the Software, or until termination by the User or Nanosystems; termination may be implemented at any time. As soon as the termination is made, the User must cease use and remove or completely uninstall all copies of the Software. Any rights arising from this license will automatically terminate without notice from Nanosystems in case of failure to comply with the terms of this license.
The User may terminate this license agreement in advance within 15 days from the date of purchase by sending Nanosystems an email or registered mail to the contacts on Nanosystems’ website.
- PROPERTY RIGHTS
User acknowledges that (a) the Software contains confidential and reserved property information that are protected by the intellectual property laws, and (b) Nanosystems is owner of any right, title and interest about the Software provided with or attached to the Software, included, without limitations, all the intellectual property rights contained and annexed.
“Intellectual Property Rights” means all and any right existing concerning the patent, copyright, commercial secret, trademark, unfair competition and all the other rights related to the intellectual property as all the renewal, extension, restitution, present and future, in force and with effect all over the world.
User commits, personally or through third parties, not to (i) copy, sell, grant in license, distribute, transfer, modify, adapt, prepare derivative works from this, decompile, reverse engineering, separate or any other attempt to use as resource the Software, unless otherwise permitted (ii) make actions in order to circumvent or dispute rules regarding the security or use provided, listed or imposed by each functionality (including and without limitation digital rights management functionality) content in the Software, (iii) use the Software to accede, copy, transfer, codify (trans code) or retransmit contents in violation of the law or third party rights, and/or (iv) remove, block or change notices about the copyright, trademarks or other notice of intellectual property posted, that are contained or annexed to the Software.
This agreement does not grant User any intellectual property right on the Software and all rights not specifically granted remain reserved to Nanosystems.
- FORBIDDEN USE OF THE APPLICATION
The User agrees not to assign the Software or use or access to the licensed Software. The User agrees not to reverse engineer, decompile, separate, or attempt to decipher the programming language (source code) of the Software components.
User shall not assign or transfer the rights deriving from this agreement without the prior written consent of Nanosystems.
Nanosystems Srl has the authority to assign all the rights and responsibilities of the entire or a part of the business to another controlled company, affiliate or substitute, without the User’s consent. Except for what is written above, this agreement will enter in force at advantage of the substitutes and the assignees authorized by the party and shall be binding for the same.
- AGREEMENT WITH THE USER
The User represents and warrants that he or she is legally bound by this Agreement, which he or she has read in full and well understood, when downloading, installing or using the Software.
Nanosystems and the User expressly declare that the license relationship exists exclusively between the two of them, with the exclusion of any third party, which is governed by Italian law and that the competent court will be the Court of Ascoli Piceno.