IRRIWORKS
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. By copying, installing, uploading, accessing or using all or any portion of the software you agree to enter into this agreement. A contract is then formed between irriworks and either you personally, if you acquire the software for yourself, or the company or other legal entity for which you are acquiring the software.
If you accept all of the terms contained in this software license agreement (“agreement”), irriworks srl (“IRRIWORKS”) licenses this software to you.
If you do not agree or do not wish to bind yourself or the entity you represent: do not copy, install, upload, access or use the software.
IRRIWORKS doesn’t authorize copying, installation, uploading, access or use of this software (all or any portion of one) or any accompanying documentation or materials except as permitted by agreement. Copying, installation, uploading, access or use of this software or its user documentation, without entering into this agreement, constitute infringement of the copyright and of other intellectual property law. Irriworks may be liable you for damages, and may be subject to criminal penalties.
- DEFINITIONS
“Access” means to use or benefit from using the functionality of the Software.
“Activation“: inserting of the purchased license key inside the console window for unlock the license and use the software.
“IRRIWORKS Materials” is the collective term for the Software and User Documentation.
“Computer” means a single electronic device with one or more central processing units (CPUs) that accepts information in digital or similar form and manipulates the information for a specific result based on a sequence of instructions.
“Install” means to place a copy of Software onto a hard disk or other storage medium through any means (including, but not limited to, use of an installation utility application accompanying the Software).
“Permitted Number” is one (1) unless otherwise provided by in the User Documentation.
“Software” means the computer program in which this Agreement is embedded or that is delivered prepackaged with this Agreement. If programs are delivered to You as part of a bundled package, suite or series, the term Software shall include all programs delivered to You as part of that bundled package, suite or series and described in the User Documentation.
“User Documentation” means the explanatory printed or electronic materials that IRRIWORKS (through any distribution channels) incorporates in or delivers in or on a package with the Software or sends to You on an invoice, via email, facsimile or otherwise after You acquire or Install the Software, including, but not limited to, license specifications, activation code, license files, instructions on how to use the Software, and/or technical specifications.
“You” means the individual who reads and is prompted to accept this Agreement (for yourself) or the company or other legal entity for whom you acquire the Software.
- SOFTWARE LICENSE
License Grant. IRRIWORKS grants You a non-sublicensable, non-exclusive, non-transferable, limited license to use copies of the Software and User Documentation, in accordance with the applicable User Documentation, within the scope of the License Parameters. IRRIWORKS’s license grant is conditioned on Your continuous compliance with all license limitations and restrictions described in this Agreement. If You violate any of these limitations or restrictions, the license grant will automatically and immediately expire. The license descriptions in this Section 2 (Software License) define the scope of rights that IRRIWORKS grants to You. Any usage of the Software or User Documentation outside the scope of the applicable license grant constitutes an infringement of IRRIWORKS’s intellectual property rights as well as a material breach of this Agreement. No license is granted under the terms of this Agreement if you did not lawfully acquire the Software. IRRIWORKS grants you the license and the use of the Software in a manner as further set forth below.
2.1 Lifetime Version. If IRRIWORKS identifies the Software as a “Lifetime Version” it’s an individual version, You may Install and Access one (1) copy of the Software on one (1) individual Computer, solely for Your internal business needs and for an unlimited time. You may not allow the Software to be Accessed, operated, or viewed from, or Installed or uploaded to, other Computers through a network connection. Except as otherwise explicitly permitted, You may not Install or Access the Software other than on one (1) Computer at a time. You may Install and Access one (1) additional copy of the Software on a second Computer provided that: (a) such second Computer is owned; (b) such second Computer is a non-server Computer; (b) the original and additional copy of the Software are used only by the same person, and only one (1) of the Software copies is Accessed at any one time.
2.2 Subscription Version. If IRRIWORKS identifies the Software as an “Subscription Version” it’s an individual version, You may Install and Access one (1) copy of the Software on one (1) individual Computer, solely for Your internal business needs and for a limited period of time. This period can last up to 12 months and be renewed. You may not allow the Software to be Accessed, operated, or viewed from, or Installed or uploaded to, other Computers through a network connection. Except as otherwise explicitly permitted, You may not Install or Access the Software other than on one (1) Computer at a time. You may Install and Access one (1) additional copy of the Software on a second Computer provided that: (a) such second Computer is owned; (b) such second Computer is a non-server Computer; (b) the original and additional copy of the Software are used only by the same person, and only one (1) of the Software copies is Accessed at any one time.
2.3 Corporate Version. If IRRIWORKS identifies the Software as a “Corporate Version”, You may Install and Access the Permitted Number of five (5) copies of the Software on the Permitted Number of five (5) individual Computers, solely for Your internal business needs and for an unlimited time. You may not allow the Software to be Accessed, operated or viewed from, or Installed or uploaded to, other Computers through a network connection. Except as otherwise explicitly permitted, You may not Install or Access the Software other than on the Permitted Number of Computers at any one time.
2.4 Educational PRO Version. If IRRIWORKS identifies the Software as an “Educational PRO Version” You may Install and Access one (1) copy of the Software on up to the Permitted Number of Computers, only for educational purposes and for no other purpose. The Educational PRO version could hold some restrictions about features and performances compared to Lifetime and Corporate version. Unless otherwise provided by IRRIWORKS in the User Documentation, Educational PRO Versions of the Software may be used for a period of (24) months from the date You Activate the Software. Without limiting the foregoing, Educational PRO Versions of the Software may not be used for commercial, professional, commercial training or other for-profit purposes.
2.5 Educational Version. If IRRIWORKS identifies the Software as an “Educational Version” You may Install and Access one (1) copy of the Software on up to the Permitted Number of Computers, only for educational purposes and for no other purpose. The Educational version could hold some restrictions about features and performances compared to Lifetime and Corporate version. Unless otherwise provided by IRRIWORKS in the User Documentation, Educational Versions of the Software may be used for a period of (6) months from the date You Activate the Software. Without limiting the foregoing, Educational Versions of the Software may not be used for commercial, professional, commercial training or other for-profit purposes.
2.6 Demo Version. If IRRIWORKS identifies the Software as a “Demo Version”, evaluation, trial, or not for resale version, You may Install and Access one (1) copy of the Software only for the purpose of commercial evaluation and demonstration. Without limiting the foregoing, You may not use it for competitive analysis, or commercial, professional, or other for-profit purposes. The Demo version could hold some restrictions about features and performances compared to Lifetime, Subscription and Corporate version. The Demo Version may be used for an limited evaluation period (15 days), unless otherwise specified by IRRIWORKS in writing.
2.7 Licensing. For the use of any version, exception made for the Demo and Educational, you need to purchase a license key and activate it using the dedicated console. The user can repeat the activation up to 3 times for the same version. For further activations the user will have to contact the technical service of IRRIWORKS. The activation console appears clicking on the “Help” menu on the toolbar or on the “Active license” button that appears on the first window of the Freeware or other versions when the license is expired.
2.8 Upgrades. If IRRIWORKS labels the Software as an upgrade or update (“New Version”) to software previously licensed to You (“Previous Version”), in connection with the Software licensed to You hereunder, IRRIWORKS may provide You additional software that supplements or extends the Software. Such supplemental software shall be subject to the terms and conditions of this Agreement, unless otherwise specified at the time of delivery.
2.9 License Term. Subject to the terms and conditions of this Agreement, the license to use the Software is perpetual, unless the Software qualifies as an Educational/Pro Version, or is designated as a fixed-term license, a limited duration license (Demo and Subscription version) or a rental license. In such cases, the term of the license shall be the term identified by IRRIWORKS. Use of this Software beyond the applicable license term, or any attempt to defeat the time-control disabling function in the Software is an unauthorized use and constitutes a material violation of this Agreement and intellectual property law.
- THIRD PARTY LIBRARIES LICENSE AGREEMENTS
Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSE.rtf file.
Third Party Code. IRRIWORKS makes available the source code of modified GEF library in the folder of this software called “plugins” in order to redistribute the GEF library (licensed under the EPL) to other developers.
- BACKUP COPY
With respect to any version of the Software You may make one (1) backup copy of the Software solely for backup purposes in the event that Your primary copy of the Software becomes inoperable. You may Install and Access such backup copy of the Software only in the event that the primary copy of the Software becomes inoperable and you would be otherwise unable to Access the Software.
- PROHIBITED ACTIONS
Reverse Engineering. You may not (and may not permit any third party to) reverse engineer, decompile, or disassemble the Software.
Transfers. You may not distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of the IRRIWORKS Materials, or any rights granted in this Agreement, to any other person without the prior written consent of IRRIWORKS.
Hosting or Third Party Use. You may not Install or Access, or allow the Installation or Access of, the IRRIWORKS Materials over the Internet, including, without limitation, use in connection with a Web hosting, commercial time-sharing, service bureau or similar service, or make the IRRIWORKS Materials available to third parties via the Internet on Your computer system or otherwise without the prior written consent of IRRIWORKS.
Notices. You may not remove, alter, or obscure any proprietary notices, labels, or marks from the IRRIWORKS Materials.
Modifications. You may not modify, translate, adapt, arrange, or create derivative works based on the IRRIWORKS Materials for any purpose.
Usage restrictions. You may not utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection, any usage restrictions, or to enable functionality disabled by IRRIWORKS, or use the Software together with any, authorization code, serial number, or other copy protection device not supplied by IRRIWORKS. You may not bypass or delete any functionality or technical limitations of the IRRIWORKS Materials that prevent or inhibit the unauthorized copying or use.
- ALL RIGHTS RESERVED
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, TITLE, OWNERSHIP AND ALL RIGHTS AND INTEREST INCLUDING, WITHOUT LIMITATION, PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS AND OTHER INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE IRRIWORKS MATERIALS AND ANY AUTHORIZED COPIES MADE BY YOU REMAIN WITH IRRIWORKS. THE STRUCTURE, ORGANIZATION, AND CODE OF THE IRRIWORKS MATERIALS ARE VALUABLE TRADE SECRETS OF IRRIWORKS AND YOU SHALL KEEP SUCH TRADE SECRETS CONFIDENTIAL. THE Software AND USER DOCUMENTATION ARE LICENSED, NOT SOLD. MANUFACTURER IS IRRIWORKS SRL VAT NUMBER 05498530822, REGISTERED OFFICE VIA SAN LORENZO STREET, 201, PALERMO, ITALY.
- LIMITED WARRANTY
IRRIWORKS warrants that, as of the date on which the Software is delivered to You and for ninety (90) days thereafter (“Warranty Period”), the Software will provide the features and functions generally described in the User Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. IRRIWORKS’s entire liability and Your exclusive remedy during the Warranty Period will be, at IRRIWORKS’s option, to attempt to correct or work around errors, to replace the defective media on which the Software is furnished, if any, or to refund the license fees and terminate this Agreement. The refund may be granted for other reasons (right of withdrawal) within a maximum of 7 days from the license purchase. This right terminates when the software is activated by the user. The refund is subject to the return of the defective media, if any, and User Documentation, with a copy of Your receipt to IRRIWORKS.
- DISCLAIMERS
Except for the express limited warranties provided in section 7 (limited warranty) hereof, IRRIWORKS makes and you receive no express warranties. Any statements or representations about the software and its functionality in the user documentation or any communication with you constitute technical information and not an express warranty or guarantee. Without limiting the foregoing, IRRIWORKS does not warrant that the operation of the software will be uninterrupted or error free.
- LIMITATION OF LIABILITY
In no event shall IRRIWORKS have any liability for any incidental, special, indirect, or consequential damages, loss of profits, revenue, data, or cost of cover. In addition, in no event shall the liability of IRRIWORKS for any damages arising out of or in connection with the software, user documentation or this agreement. IRRIWORKS shall have no responsibility or liability whatsoever arising from loss or theft of the software or the media on which the software is furnished to you. Irriworks shall not be obligated to replace any lost or stolen software or software media. You are solely responsible for safeguarding the software and the media on which the software is furnished.
The software is a tool intended to be used by trained professionals only. It’s not substitutes for your professional judgment. The software is intended to assist with data processing and is not substitutes for independent estimation or testing of quality, and safety. IRRIWORKS shall not be liable in any manner whatsoever for the results obtained through the use of the software. Persons using the software are responsible for the supervision, management and control of the software. Persons using the software are also responsible for establishing the adequacy of independent procedures for testing the reliability and accuracy of any program output, including all items designed by using the software.
- AUTHENTICATION CODE AND PRIVACY POLICY
Installation, access, and continued use of the software may require an activation code. Registration could be required before an activation code is issued by IRRIWORKS the authentication security mechanisms may disable the software if you try to use a wrong authentication code, if you tamper with the date setting mechanisms on your computer, if you use the software past an applicable evaluation period or limited term, or if you undertake certain other actions that may offset the security mode.
You agree that IRRIWORKS (or any other third party acting on your behalf) may use data and information provided by you to register the software. By installing and using the software, you consent to IRRIWORKS using the personal information provided to irriworks at registration, or updated thereafter, in conformance with its applicable privacy policy.
- GENERAL
No Assignment. This Agreement and any rights hereunder are non-assignable by You and any purported assignment by You shall be void.
Choice of Law. This Agreement and any disputes arising out of or in connection with this Agreement shall be governed by the laws of the State of Italy.
INFORMATION ON PERSONAL DATA ACCORDING TO EU 2016/679 REGULATION (GDPR)
The data collection is necessary for the purpose of purchasing and management of licenses and is maintained on servers of Irriworks Srl. The data will be mainly processed with automated instruments. We inform you that in relation to these treatments, the subject Holder, under the law, is now Irriworks Srl.
The processing of data, according to the law, is being operated by Irriworks Srl. You may proceed independently to update, rectify and integrate your data. At any time, you may exercise your rights according to EU 2016/679 regulation (GDPR) and in particular the right to delete all data files referred to You, by written notice to the following email address: info@irriworks.com.
Please note that the data collected after the purchase of the license are:
– Name or business name
– Email address
– Possible address (if compiled during the purchase process)
– Possible phone number (if compiled during the purchase process)
CONSENT TO THE PROCESSING OF PERSONAL DATA ACCORDING TO EU 2016/679 REGULATION (GDPR)
In relation to the information about the processing of my personal data, carried out in the manner and with the tools described, I give my explicit consent according to EU 2016/679 regulation (GDPR) to process them.
