Gefran spa
Via Sebina, 74
25050 Provaglio d’Iseo (BS)
Italy
Tel. +39 030 9888.1
Fax +39 030 9839063
www.gefran.com
info@gefran.com
Cap. Soc. € 14.400.000 i.v.
Reg. Imprese Brescia
03032420170
R.E.A. 313074 BS
N. Mecc. BS 016227
C.F. 03032420170
P.IVA (TVA-VAT-MWS)
IT03032420170
GEFRAN SPA SOFTWARE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE USING THE SUPPLIED SOFTWARE
This License Agreement is a legal agreement between you (either an individual or a single entity) and GEFRAN
SPA for GEFRAN SPA’s software product(s) identified in the order confirmation/delivery note which may
include associated software components, media, printed materials, and "online" or electronic documentation
("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to
be bound by the terms of this agreement.
This license agreement represents the entire agreement concerning the program between you (the “user”) and
GEFRAN SPA, (the "licensor"), and it supersedes any prior proposal, representation, or understanding between
the parties.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
If you do not agree to the following conditions, please return the software immediately and
unused. Any fees for rights of use which have already been paid will be refunded.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
GEFRAN SPA grants you a non-exclusive, unlimited and non-transferable license to use the GEFRAN Software in
accordance with the instructions in the user manual.
(b) Backup Copies.
Whenever possible – depending on the specific software supplied - you may make copies of the SOFTWARE
PRODUCT as may be necessary for backup and archival purposes.
Otherwise GEFRAN will provide you with a backup copy in case of need and upon request.
In so far as the rights of use are not limited to a single workstation in the order confirmation/the delivery note,
the user may duplicate the SOFTWARE PRODUCT for purposes of his own operation (company license for use
at multiple workstations).
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices o n any and all copies of the SOFTWARE P RODUCT.
(b) Distribution.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties, unless it is specifically
agreed with the licensor.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT, unless it is specifically agreed with the licensor.
(e) Support Services.
GEFRAN SPA may provide you with support services related to the SOFTWARE PRODUCT ("Support Services").
Any supplemental software code provided to you as part of the Support Services shall be considered part of the
SOFTWARE PRODUCT and subject to the terms and conditions of this Agreement.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION
Gefran spa
Via Sebina, 74
25050 Provaglio d’Iseo (BS)
Italy
Tel. +39 030 9888.1
Fax +39 030 9839063
www.gefran.com
info@gefran.com
Cap. Soc. € 14.400.000 i.v.
Reg. Imprese Brescia
03032420170
R.E.A. 313074 BS
N. Mecc. BS 016227
C.F. 03032420170
P.IVA (TVA-VAT-MWS)
IT03032420170
Without prejudice to any other rights, GEFRAN SPA may terminate this Agreement if you fail to comply with the
terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE
PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are
owned by GEFRAN SPA or its suppliers. All title and intellectual property rights in and to the content which may
be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may
be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you
no rights to use such content. All rights not expressly granted are reserved by GEFRAN SPA.
5. LIMITED WARRANTY
It is deemed to be agreed and the user recognizes and accepts that, according to the current state of
knowledge and technology, it is not possible to create software in such a way that it works without errors or
faults under all application conditions. Any further warranty is excluded. In particular, there is no warranty that
the program package fulfils the specific requirements of the customer and works together with all the other
programs selected by the customer, in so far as interfaces to these programs are not contractually agreed.
The user shall examine the software product supplied immediately, shall establish its usability for the intended
purpose and shall issue complaints with regard to errors or faults occurring at the beginning or a.s.a.p. in
detail.
Any defects with regard to the product software which is supplied (including defects with regard to the
program description and any other documents provided along with the software), will be rectified by GEFRAN
within an appropriate period of time.
GEFRAN has the right to decide between rework/repair free of charge or replacement at its own discretion. If
the rework/repair or replacement is unsuccessful, the user can terminate this Agreement
The customer bears sole responsibility for the selection, the installation and the use of the software as well as
for the results with are intended to ensue. GEFRAN SPA does not provide a warranty for erro rs or fau lts whic h
result from
(a) incorrect or insufficient maintenance or parametering,
(b) operation outside the specification which applies for the product
(c) incorrect preparation and/or maintenance of the installation location or
(d) interaction with hardware or software not released by us.
6. LIMITATION OF LIABILITY
In no event GEFRAN SPA will be liable for any damages (including, without limitation, lost profits, business
interruption, or lost information) rising out of the use of or inability to use the SOFTWARE PRODUCT, even if
GEFRAN SPA had been advised of the possibility of such damages.
In no event GEFRAN SPA will be liable for loss of data or for indirect, special, incidental, consequential
(including lost profit), or other damages based in contract, tort or otherwise. GEFRAN SPA shall have no liability
with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors
or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business
interruption, personal injury , loss of privacy, moral rights or the disclosure of confidential information.
In countries in which the aforementioned limitation of liability is not permitted, any and every type of warranty
which is obligatory by law is subject to the period of limitation indicated in the product warranty
documentation.
In any case GEFRAN SPA’s maximum liability under this agreement shall be the product price.
7. GOVERNING LAW
This Terms of Use Agreement is governed by the laws of Italy. This agreement will not be governed by the
U.N. Convention on International Sale of Goods.
The court of Brescia is agreed as the legal venue for all disputes arising within the framework of this
Agreement.
8. SEVERABILITY CLAUSE