Subject to the terms of this Agreement, PROGEL SpA hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Progel Software on Your computer.

 

No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Progel Software or any part thereof.

 

No Modifications: You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Progel Software or any part thereof except to the extent permitted by law.

 

No Warranties: THE MANAGEMENT PACK IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER; PROGEL SPA DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE MANAGEMENT PACK, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. PROGEL SPA FURTHER DOES NOT REPRESENT OR WARRANT THAT THE MANAGEMENT PACK WILL ALWAYS BE AVAILABLE, SECURE, ACCURATE, COMPLETE AND ERROR-FREE.

 

Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Management Pack remains with You, to the maximum extent permitted by law.

 

No Liability: The Progel Management Pack is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT PROGEL SPA AND THE PROGEL SPA STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE PROGEL MANAGEMENT PACK, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PROGEL MANAGEMENT PACK IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH PROGEL SPA SOFTWARE.

 

Limitation of Liability: IN NO EVENT SHALL PROGEL SPA, ITS AFFILIATES, ITS LICENSORS OR THE PROGEL STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PROGEL MANAGEMENT PACK;

AND ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE PROGEL MANAGEMENT PACK SOFTWARE;

 

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;

(I) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY PROGEL SPA FOR ANY REASON; AND

(II) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE PROGEL MANAGEMENT PACK TO YOU.

THE LIMITATIONS ON PROGEL’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT PROGEL SPA, ITS AFFILIATES OR THE PROGEL SPA STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

 

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO DOWNLOAD INSTALL THE PROGEL SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO PROGEL SPA THE RIGHTS SET FORTH HEREIN