Shareware Licence Agreement
NEWSOFT s.a.s. provides the software in licence to Customers, with the appropriate documentation for use. Therefore Newsoft does not sell any rights to the software of its production. Newsoft and the Customer agree on the following:
1. Licence Concession.
Newsoft, as concessionaire, cedes to the purchaser Licensee, a personal non-exclusive right to the use and demonstration of this copy of the Newsoft software program (below called software), on a single computer (that is, provided with a single central unit). If the computer on which the Software is used is a multi-user system, the licence is valid for all the users of that single computer, without further expense and further licences.
Newsoft reserves all the rights not expressly ceded to the Licensee. In no case is it permitted, to assign, rent, offer in leasing, sell or dispose of the Software in any other way on a permanent or temporary basis.
2. Ownership of the software.
On the basis of the present agreement, Newsoft maintains ownership of the Software registered on the copy (or copies) of the original disk and on all the copies of successive Software, regardless of the form or the support on which the original and successive copies are made. The present licence does not imply the sale of the original Software or of any successive copy.
3. Backup copies.
This software and the enclosed documentation are subject to copyright. It is expressly prohibited to make unauthorised copies of the Software, including modified Software, combined with others, or attached to other software, or to the documentation. The licensee is legally responsible for any infraction of the copyright caused or motivated by the non-fulfilment of the terms of this licence. As stated above, copies of the Software can be made exclusively for backup purposes.
4. Use of the software.
In quality of Licensee, the Customer is authorised to transfer the Software from one computer to another on condition that its use is limited to one computer at a time. Electronic transfer of the Software from one computer to another is not allowed via data elaboration networks. The distribution to third parties of copies of the software and of the relative documentation is also prohibited. The Licensee is also not authorised to translate, adapt, reconstruct, edit, disassemble or create derived applications based on the Software. Translation, adaptation and creation of derived applications based on the documentation without prior written consent from Newsoft is also prohibited.
5. Exclusion from responsibility.
Newsoft takes no responsibility for direct or indirect injury to the licensee or to dependent third parties due to the erroneous or unsuited use of the programs, unforeseeable events, and failure to use the programs.
6. Updating.
Newsoft can produce updated versions of the Software that will be made available with special terms for those users accepting the present licensing agreement within a fortnight from the date of purchase. Moreover, for those who have signed the maintenance subscription, special discounts on updtaed versions of the Software will apply.
7. Certification.
The Licensee certifies to having chosen the Software corresponding to his own needs, to having examined the relative documentation and the present agreement. He acknowledges that the present agreement constitutes the totality of the mutually agreed conventions.
8. Explicit Resolutive Clause.
In the case on non-fulfilment of the obligations imposed above see art.3 and art.4 on the part of the Licensee, Newsoft will, without obligation of prior warning, consider the present contract void and with the obligation on the part of the Licensee to hand back all the material in his possession to Newsoft, with compensation for all the damages suffered by Newsoft and with reservation for all the resulting civil and criminal legal actions.
