1. Agreement Controls the Relationship
This Software Licence Agreement (“Agreement”) sets forth all terms and conditions, obligations, responsibilities, liabilities and remedies as among (a) you, (b) Bitgamma OÜ (the “Author”), and the Representatives (defined at Section 11) in regards to your use of PDFWatermarker version 1.x, that has been created and is owned by the Author (the “Software”) and any related services, materials, and documentation. By using the Software, you confirm that you (a) have read and understood this Agreement, (b) accept and agree to be bound by its terms and conditions, (c) acknowledge that this Agreement sets forth your exclusive remedies in respect of any claims you may have related to the Software, and (d) understand that this Agreement fully sets out the obligations and limitations of liabilities of the Author, their licensors and the Representatives to you, notwithstanding any other prior or contemporaneous writing (including any related packaging or advertisements), promise, understanding, or oral representations made by any party including the Author.
2. Consideration
You agree that valid and sufficient consideration for this Agreement is the mutual exchange of promises between you and the Author, as set out in this Agreement. For greater certainty, you agree that your possession and use of the Software is valid and sufficient consideration in exchange for your agreement to be bound by the terms and conditions of this Agreement.
3. Rejection of Agreement
3.1 If you obtained the Software but do not agree with or consent to be bound by the terms of this Agreement, you must (a) immediately discontinue all use of the Software and any related services, materials and documentation; (b) immediately delete from your computer any file which you may have downloaded from the Software, and destroy any and all copies made by you (or with your permission) of any portion of the Software; and (c) within ten (10) days deliver to the Author, at the address set forth in Section 12.3, the Software and all other items provided to you with or in connection with the Software plus documentation evidencing the date and amount you paid for the Software (e.g. dated receipt, shipping invoice). If you comply with the terms of this Section 3.1, you shall receive a full refund of any monies you paid for the Software.
3.2 If the Software was pre-installed on your computer or disks came packaged with your computer at no extra charge, and you do not agree with this Agreement, do not use the Software.
4. Activation Codes
4.1 Some portions of the Software may initially be disabled, and other portions of the Software may initially be enabled, such that the Software is operating in a state known as an “Evaluation Mode”, “Demonstration Mode”, “Demo Mode” or otherwise.
4.2 You may purchase from the Author and/or authorized Representatives an electronic activation code (“Activation Code”) to enable and/or disable portions of the Software such that the Software operates in a state known as the “Activated Mode”.
4.3 You agree that by purchasing an Activation Code, you are providing payment for the right to use information owned by the Author concerning its scientific experience and, for greater certainty, the right to use computer software owned by the Author. You warrant that you understand that the supply of this Software and/or an Activation Code by the Author and/or Representatives is a supply of intangible personal property.
5. Support
5.1 The Author in their sole discretion may make available to you updates and error corrections (collectively, “updates”) to the Software. As determined by the Author in their sole discretion, updates may be provided (a) electronically via the world-wide-web and/or (b) via media (e.g. CD-ROM). You may be charged an additional fee if the Author makes updates available (y) both electronically and via media and you choose media or (z) in different media forms and you choose the form which is identified as having an additional fee. It is your sole responsibility to establish and maintain adequate access to the world-wide web in order to receive the updates and to maintain in good working order the computer on which you will use the Software. It is your obligation to install all updates and error corrections within thirty (30) days of such being made available to you by the Author (or its Representatives).
5.2 In its sole discretion, the Author may provide technical support for the current release/version of the Software and the immediately preceding release/version for a period of six (6) months following the date the subsequent release/version (if any) is made generally available to customers of the Software. Technical support provided by the Author may be subject to an additional fee to be paid in advance. The Author reserves the right to discontinue technical support for the Software at any time in its sole discretion.
6. Licence Grants
You are granted a non-exclusive, limited licence to access the Software on a single computer. You are permitted to make up to one hundred (100) electronic copies of the Software for your own use, including backups, restorations, transfers and downloads. You may make use of an Activation Code only if purchased by you and only on a single computer. You may not use an Activation Code on more than one computer at one time. You may not make any copies of printed materials or any online materials, including user documentation, provided or made available to you in connection with the Software (if any).
7. Licence Restrictions
7.1 The Software and any materials provided to you in connection with the Software contain the Author’s trade secrets. You may not disclose such trade secrets or decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form.
7.2 You may not modify, adapt, translate, rent, sublicence, assign (except as permitted under Section 7.4), lend, resell for profit, distribute, or network any portion of the Software, or related materials, or create derivative works based thereon or any part thereof.
7.3 The Software and materials provided to you in connection with the Software are protected by Italian and other copyright laws and international treaties. Unless expressly permitted under your applicable licence grant in Section 6, any of the following actions by you, among others, would be considered violations of this Agreement.
1. Distributing copies of the Software to entities or persons that have not purchased an Activation Code to the Software from the Author;
2. Permitting others to access the Software for their own purpose;
3. Enabling others to use your Software registration, access codes, passwords, serial number(s) or Activation Code (if any);
4. Making additional copies or duplicating any aspect of the Software by any means, including electronic transmission;
5. Copying any portion of the printed materials, if any, accompanying the Software, or printing multiple copies of any user documentation; or
6. Installing the Software on computers used by unlicensed and/or unauthorized individuals.
7.4 Subject to the Author’s approval, you may only transfer/assign your rights in and to the Software to a third party, or sell the computer on which such software is installed to a third party, provided that, within fifteen (15) days of the transfer/assignment to that third party, (a) you notify the Author of the transfer/assignment and complete any transfer forms required by the Author, (b) the third party enters into the most current version of the Software Licence Agreement for the applicable software as provided by the Author; and (c) you or the third party pay all fees which might be due and owing in connection with your prior use of the applicable software and/or the related technical support. If you transfer/assign your rights to the Software to any third party, you may not keep a copy of such software or any related materials/documentation for yourself.
7.5 You may only use the Software for purposes that are in compliance with the laws of your local jurisdiction and for purposes that are in compliance with the laws of Italy. You are expressly prohibited from using the Software for any use that is in contravention of laws, regulations, ordinances and legislation designed to protect intellectual property rights.
8. Limited Warranty
8.1 The Author warrants that all CD-Rom disk(s), diskettes or other media (collectively, “disk(s)”) provided to you as part of the Software and under this Agreement, when under normal use, shall be free from defects in material and workmanship for sixty (60) days from the date of your purchase of the Software (“warranty period”). If you obtained the Software from the Author or from a retail store and your disk(s) does not operate as warranted, the Author shall, at its option, repair/replace the disk(s) or refund your purchase price provided that you send the Author a replacement request, the defective disk(s), and evidence of the date and amount for which your purchased the Software, prior to the expiration of the warranty period. If the Software was pre-installed on your computer when you bought it, or the disk(s) came packaged with your computer at no extra charge, and the Software is defective or was installed improperly, you may obtain a replacement or repaired disk(s) from the manufacturer of your computer, at its option, by sending the manufacturer your request stating the nature of the problem, plus a copy of your dated receipt for the computer on which the Software was installed, prior to the expiration of the warranty period.
8.2 If you identify a defect after the warranty period, the Author may make a replacement disk(s) available if you send to the Author: your replacement request, the defective disk(s), and a cheque made payable to “Michele Balistreri” in the applicable amount plus applicable tax. For all orders shipped within Italy, please add all applicable sales tax as well as tax on shipping and handling based on your shipping address. Any request for the replacement of defective disk(s) (with the items identified in this Section 9.2) must be sent to the Author as set forth at Section 12.1.
8.3 THIS SECTION 9 SETS FORTH THE AUTHOR’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES IN THE EVENT OF YOUR DISSATISFACTION WITH THE SOFTWARE, DEFECTIVE DISKS, SERVICES OR TECHNICAL SUPPORT PROVIDED AS PART OF OR IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT.
9. Limited Warranty and Disclaimers
EXCEPT AS PROVIDED IN SECTION 9 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, ANY RELATED DOCUMENTATION, MATERIALS, SERVICES AND TECHNICAL SUPPORT PROVIDED TO YOU IN CONNECTION WITH THE SOFTWARE ARE PROVIDED “AS-IS” AND YOU ACCEPT THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR, THEIR AFFILIATED COMPANIES, AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, DISK(S), RELATED DOCUMENTATION, AND OTHER MATERIALS AND TECHNICAL SUPPORT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY, OR NONINFRINGEMENT. THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE SHALL PERFORM ERROR FREE OR WITHOUT INTERRUPTION, OR THAT IT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DOES THE AUTHOR WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE INCLUDING THIRD PARTY SERVICES TO WHICH YOU MAY CONNECT THROUGH THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR AND THEIR LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE REPRESENTATIONS, WARRANTIES OR CONDITIONS, OR CREATE ANY NEW REPRESENTATIONS, WARRANTIES OR CONDITIONS IN CONNECTION WITH THE SOFTWARE IN THIS AGREEMENT. THE AUTHOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY CONTENT, EVEN IF ACCESSED THROUGH THE SOFTWARE BY MEANS OF A LINK OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES REGARDING THE OWNERSHIP OR FUNCTIONALITY OF SUCH CONTENT.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS LIMITATIONS ON DURATION OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE YOU PURCHASED THE SOFTWARE, OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, IF LONGER. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY ACCORDING TO JURISDICTION.
10. Limitation of Liability and Damages
10.1 THE ENTIRE AND SOLE LIABILITY OF THE AUTHOR AND THEIR AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS (“REPRESENTATIVES”) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE AUTHOR OR ITS AUTHORISED RESELLER FOR THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE AUTHOR NOR THEIR REPRESENTATIVES ARE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AUTHOR’S AND THEIR REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES FROM ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10.2 For the purposes of this Agreement, Representatives includes but is not limited to the Author itself, an Italian citizen.
10.3 These limitations of damages set forth above are fundamental elements of the basis of the bargain between the Author and you. The Author would not be able to have provided the Software and/or the related services and materials without such limitations.
11. Notice and Returns
11.1 Notifications from the Author concerning the Software (e.g. availability of an update or error correction) and/or this Agreement may be made accessible online via this web site. In its sole discretion, the Author may also provide notification by other means such as e-mail and post. You agree that it is your sole responsibility to routinely visit this web site for notices regarding the Software and this Agreement and to ascertain how such may impact your use of the Software.
11.2 Notification by You to the Author: Any notification to be provided by you to the Author under this Agreement must be made by one of the following means: (a) an e-mail sent to «info@bitgamma.com»; or (b) a letter mailed to PDFWatermarker c/o Bitgamma OÜ, Narva mnt 5, 10117 Tallinn, ESTONIA.
11.3 Address for Product Returns: All product returns under this Agreement must be sent via registered mail to: PDFWatermarker c/o Bitgamma OÜ, Narva mnt 5, 10117 Tallinn, ESTONIA.
11.4 Address for Contacting the Author: If you have any questions concerning this Agreement, you may contact the Author by writing to: PDFWatermarker c/o Bitgamma OÜ, Narva mnt 5, 10117 Tallinn, ESTONIA.
12. Termination
This Agreement may be terminated by the Author immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately return to the Author the Software and all other materials provided to you under this Agreement, as well as destroy any complete and/or partial copies of the Software, including all backup copies and all other materials.
13. General Provisions
13.1 In the event of a conflict between this Agreement and the software licence agreement included in the manual you receive in connection with the initial shipment of Software to you, the terms and conditions of this Agreement shall control. This Agreement does not limit any rights that the Author may have under trade secret, copyright, patent, trademark or other laws. Your breach of this Agreement may subject you to civil and criminal liability. The Representatives are not the Authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on the Author, unless such are in writing and signed by an officer of the Author. Accordingly, such additional statements by Representatives are not binding on the Author and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then that provision will be deemed, to the extent necessary, amended or omitted, and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Estonian laws and international treaties. This Agreement is deemed entered into at Tallinn, Estonia, and shall be construed as to its fair meaning and not strictly for or against either party.
13.2 The Software may contain dated information. In using the Software, you understand that it may not include all the information or the most current information relevant to your particular needs or situation.
14. Privacy Policy
The Author gathers certain end user information and personal data from its customers. The Author adheres to all applicable laws governing the protection of any individual personal data provided to the Author in connection with the use of the Author products/services. Please go to the Privacy Policy section of the PDFWatermarker website at Privacy Policy to review the Author’s current privacy policy in full. The privacy policy is subject to change without notice.
15. Trademarks
Any product names, marks, symbols, trade names, company names and/or logos which appear within this product are the property of their respective owners and appear through the courtesy of such owners. Such marks are protected by Estonian law on trademark and unfair competition and may also be registered in the Patendiamet and/or in the U.S. Patent and Trademark Office.
16. Language
It is the express wish of the parties that this agreement and all related documents be drawn up in English.