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    EULA - ClickAlgo End User License Agreement

    BEFORE USING CLICKALGO SOFTWARE PRODUCTS, WE STRONGLY ADVISE AND ASK YOU TO READ CAREFULLY THIS END-USER LICENSE AGREEMENT. CLICKALGO SOFTWARE PRODUCTS. END-USER LICENSE AGREEMENT

    This End-User License Agreement (hereinafter referred to as "EULA") is a legal agreement between either an individual or a legal entity (hereinafter referred to as “you” or “user” or "customer"), and CLICKALGO LIMITED. (“CLICKALGO”, or “We”, “Our”, or “Us”) for the software, components, source code, documentation, demos, or other materials related to the ClickAlgo® product line, in the form of software, add-ins, documentation and other materials (hereinafter referred to as "SOFTWARE PRODUCT") contained in this distribution.

    By purchasing the license, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree: (a) that you have read this EULA; (b) that you understand all its terms and provisions; (c) that you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, COPY, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE PRODUCT.

    THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD.



    1. GRANT OF LICENSE

    Subject to your continued compliance with this EULA and payment of the applicable license fees, CLICKALGO grants you a non-exclusive, non-sublicensed, non-transferable and limited license to install and use the SOFTWARE PRODUCT: (a) during the term of such license, (b) within the scope of the License Type described in Section 2, (c) on the permitted number of computers, (d) in a manner specified in the terms of this EULA.

     

    2. LICENSE TYPES

    2.1 Full license (Perpetual license)

    Any SOFTWARE PRODUCT is available on a “per-user” basis. You may install, activate, operate, and use the SOFTWARE PRODUCT on TWO (2) computers per license purchased by you. While making an order in frames of the current EULA, you can purchase the number of licenses you require.

    The term "perpetual license" refers only to the products of the Iperius line where this is applicable, therefore not to the products and services for which it is necessary to renew a time subscription. CLICKALGO guarantees that their products purchased with a perpetual license can be used for an indefinite time, but it does not guarantee that for these products updates or error corrections will be issued for an indefinite time.

    Even for CLICKALGO products whose license is defined as perpetual, it may still be necessary to subscribe to specific and expiring plans to receive updates, bug fixes and technical support.

    2.2 Evaluation (trial) use of license

    For evaluation purposes only, you may install and use ONE copy of the SOFTWARE PRODUCT for a period from up to 14 calendar days from the date of installation (hereinafter referred to as "Evaluation Period”). The Evaluation Period may be extended by a written agreement between you and ENTER.

    Upon expiration of the Evaluation Period, you have the following options:

    (a) Purchase a LICENSE to continue using the SOFTWARE PRODUCT.

    (b) Uninstall the SOFTWARE PRODUCT from your computer and delete all its copies.

    You have the right to use the SOFTWARE PRODUCT for purposes related to your commercial activities during the Evaluation Period.

    2.3 Free license

    If you download the SOFTWARE PRODUCT that is distributed free of charge, you may install and use the SOFTWARE PRODUCT on an unlimited number of computers.

    You have the right to use the SOFTWARE PRODUCT for purposes related to your commercial activities while using the free version of the SOFTWARE PRODUCT.

    You may redistribute the free version of the SOFTWARE PRODUCT only in the form of the original distribution package.

    Products provided in the freeware version may be subjected to specific limitations, related to the number of available features or the number of usage hours.


    3. UPDATES

    Upon the activation of the SOFTWARE PRODUCT, you shall be provided with the ability to use the SOFTWARE PRODUCT and with the ability to receive updates on the SOFTWARE PRODUCT. The right to receive updates and support may be subject to the subscription of specific subscription plans.

    4. SOFTWARE PRODUCT REGISTRATION & ACTIVATION

    For the use of the SOFTWARE PRODUCT, you must complete the activation process of the SOFTWARE PRODUCT.

    You acknowledge that in order to use the SOFTWARE PRODUCT you must register using the online product registration page with your LICENSE KEY on the CLICKALGO website, full details on how to do this are provided on the website and via email.

    You are obligated not to attempt to crack, alter or otherwise derive the SOFTWARE PRODUCT.

    You have no right to distribute, publish, publicly display or otherwise disseminate the SOFTWARE PRODUCT LICENCE KEYS to any other persons, organizations, entities, newsgroups, locations, and/or sites whatsoever.

     

    4. DELIVERY AND PAYMENT TERMS

    Any SOFTWARE PRODUCT is to be delivered to you via electronic delivery using a secure internet download website. The license is deemed to be provided by ENTER at the moment when the SOFTWARE PRODUCT is made available for download by CLICKALGO.

    If you intend to use the SOFTWARE PRODUCT, you are obliged to pay the license fee. Upon the license fee payment being made in full, you will need to register the SOFTWARE PRODUCT on the CLICKALGO website.

    You confirm and agree that all payments may be conducted with the assistance of third parties - payment system or/and may be conducted in favour of the reseller. You may pay for the SOFTWARE PRODUCT using the payment button placed on websites owned by CLICKALGO.

    You acknowledge and agree that CLICKALGO may change the license fees at any time and without prior notice.

    The prices displayed on the CLICKALGO sites do not include taxes if these are applicable. You must pay all taxes in accordance with the applicable law when purchasing the license. The taxes will be calculated automatically by the payment system on the order summary page, before proceeding with the actual payment.

     

    5. TECHNICAL SUPPORT

    While using the SOFTWARE PRODUCT, you may request from CLICKALGO technical assistance with the SOFTWARE PRODUCT and consultation regarding technical and other issues over a support forum or other available channels. Technical assistance may include problem determination and reasonable problem resolution. CLICKALGO shall use its reasonable endeavours to provide you with high-quality and timely support but does not guarantee that your queries or problems will be fixed or solved. 

    CLICKALGO DOES NOT OFFER EMAIL TECHNICAL SUPPORT FOR THE SOFTWARE PRODUCTS.



    6. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP

    All titles and copyrights for and to the SOFTWARE PRODUCT, including but not limited to any copywritten images, demos, source code, intermediate files, packages, animations, video, audio and text incorporated into the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are the intellectual property of and are owned by CLICKALGO.

    ALL RIGHTS, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS FOR THE SOFTWARE PRODUCT YOU ARE NOT EXPRESSLY GRANTED HEREIN, ARE RESERVED BY CLICKALGO.

    The structure, organization, and source code of the SOFTWARE PRODUCT are valuable trade secrets and confidential information of CLICKALGO and you must keep it strictly confidential and not disclose it to any third party.

    The SOFTWARE PRODUCT is protected by the applicable and international laws, including but not limited to international copyright treaties.

    You are entitled to use the SOFTWARE PRODUCT only in the manner stipulated in this EULA, in compliance with all applicable laws of the jurisdiction where you use the SOFTWARE PRODUCT and International Treaties, including, but not limited to, restrictions concerning privacy, copyright, and other intellectual property rights.

    You shall make best endeavours to protect the intellectual property rights for the SOFTWARE PRODUCT that is not to be less as stipulated in the provisions of the applicable law and International Treaties whichever operates to best protect the interests of CLICKALGO.



    6.1 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLATION

    You must neither reverse engineer, adapt, modify, translate, decompile, create derivative works, disassemble, decrypt nor commit other illegal actions to the source code, basic ideas, algorithms, or file formats of the SOFTWARE PRODUCT. You must not remove any proprietary notices, labels, trademarks or other identifying marks on the SOFTWARE PRODUCT.

    For every individual breach of the CLICKALGO intellectual property rights and discloser of confidential information, including, but not limited to, the attempt to adapt, modify, translate, decompile, create derivative works, disassemble, decrypt or attempt to commit other illegal actions to the source code, basic ideas, algorithms, file formats of the SOFTWARE PRODUCT or the attempt to remove any proprietary notices, labels, trademarks or other identifying marks on the SOFTWARE PRODUCT, you must indemnify damages and compensate all direct and indirect damages to CLICKALGO.

    If you purchase the SOFTWARE PRODUCT with the intent to reverse engineer, decompile, create derivative works, or the exploit and unauthorized transfer of any intellectual property and trade secrets, including any exposed methods or source code where provided, no licensed right of use shall exist and any products created as a result shall be judged illegal by definition. Any sale or resale of the intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local and international laws.



    7. REDISTRIBUTION

    You are NOT entitled to resell or redistribute in any way the SOFTWARE PRODUCT unless you are explicitly authorized by CLICKALGO as a reseller.

    Authorized resellers may redistribute the SOFTWARE PRODUCT only in the form of the original distribution package unless otherwise agreed with CLICKALGO.



    8. PROHIBITION TO TRANSFER THE SOFTWARE PRODUCT

    You are not entitled to sell and/or resell, lease, lend, transmit or provide access to the SOFTWARE PRODUCT to any third party, or otherwise transfer permanently or temporarily the SOFTWARE PRODUCT and/or an additional copy of the SOFTWARE PRODUCT. You are also not entitled to transfer permanently or temporarily ANY rights obtained under this EULA to any individual or legal entity without prior written permission from CLICKALGO. Moreover, you warrant that you make your best endeavours to avoid unauthorized third parties' use of the SOFTWARE PRODUCT.



    9. RIGHT TO DISCONTINUE

    CLICKALGO reserves the right to discontinue the SOFTWARE PRODUCT, its related services or its specific features, whether offered as a standalone product, a service or solely as a component, at any time and at its sole discretion. However, CLICKALGO will make its best endeavours to provide support for a period of 3 months after the date of discontinuance.



    10. DISCLAIMER OF WARRANTY

    ENTER EXPRESSLY DISCLAIMS ANY WARRANTY FOR SOFTWARE PRODUCTS. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ENTER DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. ENTER DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCT IS ERROR-FREE. ENTER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ENTER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.


    11. LIMITATION OF LIABILITY

    In no event shall CLICKALGO and its partners, resellers, agents and distributors be liable for any consequential, indirect, special, punitive or incidental damages arising from or related to the EULA, including but not limited, to (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, of software or data; or (c) any loss of use of hardware, software or data.



    12. TERMINATION

    Without prejudice to any other rights or remedies, CLICKALGO will terminate this EULA upon your failure to comply with the terms and conditions of this EULA. In such events, you must delete all copies of the SOFTWARE PRODUCT and all of its component parts including any related documentation and must remove ANY and ALL use of CLICKALGO intellectual property from any applications distributed by you, whether in native, altered or compiled states.

    Anyway, if EULA is terminated, all fees you paid for the SOFTWARE PRODUCT shall not be refunded.



    13. CHANGES

    From time to time, CLICKALGO may change the terms and provisions of the EULA. When these changes are made, CLICKALGO will make a new copy of the EULA available on its websites.

    You understand and agree that if you use the SOFTWARE PRODUCT after the date on which the EULA has been changed, CLICKALGO will treat your use as acceptance of the updated EULA.

    You agree that CLICKALGO may provide you with notices, including those regarding changes to the EULA, by email.



    14. GENERAL PROVISIONS

    14.1. Governing law

    This EULA shall be interpreted in accordance with the laws of the country of purchase of the SOFTWARE PRODUCT and with Italian and International Laws, whichever operates to best protect the interests of CLICKALGO.

    14.2. Severability

    If any provision or part of any provision in this EULA is found to be illegal, invalid or unenforceable for any reason then this EULA will be anyway effective entirely, without the mentioned provision only.

    14.3. Dispute resolution

    Any dispute arising out of or relating to this EULA shall be resolved through negotiations. If the matter is not resolved by negotiations within 30 days, the dispute may be submitted to the corresponding court of the applicable law.



    15. PRIVACY POLICY

    15.1. Type of data that may be collected, processed, and used during your use of the SOFTWARE PRODUCT.

    The information CLICKALGO collects by analyzing your activity and use of the SOFTWARE PRODUCT is non-personalized, statistical information, which is necessary for the improvement of the SOFTWARE PRODUCT. CLICKALGO uses this information solely for the purpose specified in this EULA. Such type of information includes any relevant information and is not limited to information about the way you use the SOFTWARE PRODUCT, the time of using the SOFTWARE PRODUCT, the use of functionality, error messages, etc.

    For the proper conduction of the transaction when purchasing a license, the Personal data of an individual can be collected by resellers or payment systems. CLICKALGO does not obtain or otherwise acquire the Personal data of the individual. Personal data is processed in accordance with the Privacy Policy of the appropriate resellers or payment systems.


    15.2. How and wherefore does CLICKALGO use the information?

    CLICKALGO uses your non-personalized data for the purpose of improving your experience of using the SOFTWARE PRODUCT and to improve and develop the SOFTWARE PRODUCT and its functionality, as well as to improve other CLICKALGO SOFTWARE PRODUCTS.

    After the SOFTWARE PRODUCT is deleted, CLICKALGO may continue to process your non-personalized data in accordance with the purposes defined in this EULA.

    The processing of data includes any actions related to its collection, registration, accumulation, storage, adaptation, modification, update, use, disassembly, and destruction.

    15.3. How do we protect information?

    CLICKALGO undertakes to use all advanced security practices and, whenever it is possible, keep them up to date, but CLICKALGO  does not guarantee that the security methods and procedures work without any errors.

    CLICKALGO does not sell, gift, or otherwise transfer your non-personalized data to any third parties.

    15.4. Consent for Personal data processing

    By starting to use the SOFTWARE PRODUCT, you automatically confirm that you understand your rights concerning your data and that you have been notified about the purpose, methods, and conditions of your data processing. You consent that CLICKALGO may gather such non-personalized data and agree not to block, electronically or otherwise, the transmission of such data.



    16. THIRD-PARTY PROGRAMS

    The SOFTWARE PRODUCT may contain third-party software programs ("Third Party Programs") that are available under open source or free software licenses and distributed, embedded or bundled with the SOFTWARE PRODUCT or recommended in connection with its installation and use. This License Agreement does not alter any rights or obligations you may have under those open-source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this License Agreement shall apply to such Third Party Programs.



    17. REFUND POLICY

    CLICKALGO makes available to all users free versions and trial versions complete with all the features of CLICKALGO products and encourages users to try them before making a purchase. In the event that the trial period was not sufficient to evaluate the products, CLICKALGO may grant an additional trial period upon the explicit request of the user. If the customer decides to request a refund, this can be done based on the following requirements: The refund can be requested up to a maximum of 14 days after the date of the order.



    18. LIMITATION OF LIABILITY.

    Under no circumstances shall CLICKALGO be held liable for the malfunctioning of the products if this is caused by overloads or interruptions to telephone lines, the power supply, or national or international grids.
    The services related to data transfer are subject to temporary disruptions. Under no circumstances shall CLICKALGO be held liable for service interruptions during data transfer activities.
    No compensation may be claimed against CLICKALGO for any direct and/or indirect damages caused by the use or non-use of the service.



    19. FORCE MAJEURE, CATASTROPHIC EVENTS AND ACTS OF GOD

    Neither party shall be held liable for faults attributable to causes related to fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, insurrection, riots, strikes, or any other unpredictable and exceptional causes which prevent the provision of the service.