D.A.Focus Macrocoder terms and conditions
These general terms and conditions apply to the various versions of the program named \"Macrocoder\", from now on called \"Macrocoder\", licensed by D.A.Focus.
1. Grant of license
D.A.Focus grants You the right to use Macrocoder on one computer or in one local computer network during the term of this License. Under this License You may:
i. copy Macrocoder for backup; and
ii. transfer Macrocoder and accompanying written materials on a permanent basis provided You retain no copies and the recipient agrees to the terms of this License; and
iii. to the extent Macrocoder is specified to include source code, modify such source code for the purpose of adapting to Your environment.
2. Restrictions
Macrocoder is owned by D.A.Focus and is protected by national copyright laws and international copyright treaties. This License does not convey to You an interest in or to Macrocoder, but only a limited right of use in accordance with the terms of this License. You must reproduce and include any copyright and trademark notices on all copies of Macrocoder and maintain an accurate record of the location of all copies at all times. You may not:
i. use, copy, merge, modify or transfer Macrocoder except as provided in this License;
ii. reverse assemble, decompile or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver;
iii. sub-license, rent or lease Macrocoder; or
iv. copy the written materials accompanying Macrocoder.
3. Term
The License is effective upon Your opening of this package and shall remain in effect until terminated. You may terminate the License at any time by destroying Macrocoder together with all copies, modifications, and merged portions in any form. The License will also terminate if You fail to comply with any term or condition of the License. Upon such termination You shall destroy Macrocoder together with all copies, modifications and merged portions in any form.
5. Confidentiality
Macrocoder is confidential and proprietary information of D.A.Focus. You agree to take adequate steps to protect the Program from unauthorised disclosure or use.
6. Limited warranty
D.A.Focus warrants that the media on which Macrocoder is furnished will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to You as evidenced by a copy of Your sales receipt.
D.A.Focus does not warrant that Macrocoder will meet Your requirements or that the operation of Macrocoder will be uninterrupted and error free. You are solely responsible for the selection of Macrocoder to achieve Your intended results and for the results actually obtained.
D.A.Focus's entire liability and Your exclusive remedy under this limited warranty shall be, at D.A.Focus's option, to replace the defective media, or to refund the price paid for Macrocoder, provided You return the defective product promptly to D.A.Focus with a copy of Your sales receipt.
7. Exclusion of warranty
Except as expressly set forth in this license, D.A.Focus disclaims any and all representations and warranties with respect to Macrocoder and maintenance or other services, including without limitation the implied warranties of merchantability and fitness for a particular purpose.
8. Limitation of liability
In no event shall D.A.Focus be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use Macrocoder or of any action or omission of D.A.Focus or its employees, agents or other representatives or any non-performance of the maintenance or other services, even if D.A.Focus has been advised of the possibility of such damages and even if the program fails of its essential purpose. This limitation of liability shall not apply to claims for bodily injury or damages to real or tangible personal property for which D.A.Focus is legally liable.
9. Export regulations
Software, including technical data, may be subject to export or import regulations in other countries including the United States Export Administration Act. You agree to comply with all such laws and regulations.
10. Free For Personal Use
The \"free for personal use\" license can obtained at no cost for private non-commercial or educational use, including non-profit organization. The \"free for personal use\" license is solely for Your personal use and not for purchase, sale or delivery of any product or service to a third party or other commercial or business purpose. The \"free for personal use\" license of Macrocoder occurs in the scope of a gift contract. We thus exclude all warranty and liability claims, except in the case of deliberate intention or gross negligence. We emphasize that the liability, warranty, support and maintenance claims that might arise from our commercial software contracts do not apply to the \"free for personal use\" license. Macrocoder features when operating under the \"free for personal use\" license could be limited or differ from those provided by the commercial licensing.
11. Evaluation license
If Macrocoder is provided to You for evaluation purposes and You have an evaluation agreement with D.A.Focus for Macrocoder, Your rights to evaluate Macrocoder will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with D.A.Focus for the Macrocoder and if You are provided the Macrocoder for evaluation purposes, the following terms and conditions shall apply. D.A.Focus grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use Macrocoder solely for internal non-production evaluation. Such evaluation license shall terminate after 60 days from the date of Your initial installation of Macrocoder. Macrocoder may not be transferred and is provided as is without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Macrocoder may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Macrocoder Evaluation Period, You will cease use of Macrocoder and destroy all copies of FormalCatpure. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of Macrocoder as permitted herein.
12. General
You agree that the License is granted on the condition that the applicable price for Your copy of Macrocoder is duly paid.
The invalidity or unenforceability of any one or more of the provisions of this General Terms and Conditions shall not affect the validity or enforceability of the remaining provisions. However, if in D.A.Focus's opinion such deletion of any provision of this General Terms and Conditions unreasonably compromises the rights or liabilities of D.A.Focus, D.A.Focus reserves the right to terminate the License and/or the maintenance service and refund the License fee paid by You as Your sole and exclusive remedy.
In the event special terms have been agreed in writing between You and D.A.Focus, then such terms take precedence over this General Terms and Conditions in case of inconsistency.
Should You have any questions concerning this General Terms and Conditions, this License, or maintenance or other services, or if You desire to contact D.A.Focus for any reason, please write to D.A.Focus, via Dei Mandorli, 6 - Cesano Boscone (MI) - 20090 Italy - info@dafocus.com