Zanzito - End User License Agreement
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Zanzito ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Gianluca Barbaro your use of Zanzito indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Gianluca Barbaro grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Zanzito in accordance with this Agreement and any other written agreement with Gianluca Barbaro. Gianluca Barbaro does not transfer the title of Zanzito to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Gianluca Barbaro and the purchasers or users of Zanzito.
If you do not agree to be bound by this agreement, remove Zanzito from your mobile device now and, if applicable, promptly return to Gianluca Barbaro by mail any copies of Zanzito and related documentation and packaging in your possession.
2. DISTRIBUTION
Zanzito and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Zanzito contact Gianluca Barbaro.
3. USER AGREEMENT
3.1 Use
Your license to use Zanzito is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Zanzito.
3.2 Use Restrictions
You shall use Zanzito in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Zanzito together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Zanzito may be used on one single mobile device by one user. Use of Zanzito means that you have loaded, installed, or run Zanzito on a mobile device or similar device.
You may make one copy of Zanzito for backup purposes, providing you only have one copy installed on one mobile device being used by one person. Other users may not use your copy of Zanzito . The assignment, sublicense, networking, sale, or distribution of copies of Zanzito are strictly forbidden without the prior written consent of Gianluca Barbaro. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Zanzito. If any person other than yourself uses Zanzito registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Zanzito. Nor can you create any derivative works or other works that are based upon or derived from Zanzito in whole or in part.
Gianluca Barbaro's name, logo and graphics file that represents Zanzito shall not be used in any way to promote products developed with Zanzito. Gianluca Barbaro retains sole and exclusive ownership of all right, title and interest in and to Zanzito and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Zanzito, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Gianluca Barbaro.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Gianluca Barbaro, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Gianluca Barbaro's Software.
In no event (including, without limitation, in the event of negligence) will Gianluca Barbaro, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Zanzito or the use or inability to use Zanzito or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Gianluca Barbaro's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Gianluca Barbaro) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Gianluca Barbaro.
3.5 Warranties
Except as expressly stated in writing, Gianluca Barbaro makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Italy applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Italy therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Zanzito and destroy all copies of Zanzito supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ZANZITO AS WELL.
5. CONSENT OF USE OF DATA
You agree that Gianluca Barbaro may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Zanzito. Gianluca Barbaro may also use this information to provide notices to you which may be of use or interest to you.
Milano, Italy, 15/03/2017
Gianluca Barbaro
Viale Monza, 70
20127 Milano
Italy