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EULA
EULA
Thank you for using Spazio! By downloading, installing or using this software or any portion thereof ("Software Spazio"), you agree to be bound by the following Terms of Service (defined the “Terms of Service”). The SoftwareSpazio, and any portion thereof, are referred to herein as the "Software". Below the Society that owns the Software will be named "Society".
1. USE OF SOFTWARE; RESTRICTIONS
Use of Software. For an individual end user, the Software is made available to and may be used by you only for your personal, non-commercial use according to these Terms of Service and the Software documentation. For a business entity end user or government entity end user, the Software may be used by you and your employees for internal use according to these Terms of Service and the Software documentation (individual, business and government end users are hereinafter collectively referred to as "You").
2. PROPRIETARY RIGHTS
You acknowledge that
(a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws and
(b) Society owns all rights, titles and interest in and to the Software, and software provided through or in conjunction with the Software, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter, in force and effect worldwide. You agree that you will not, nor will allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software, (iii) use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third-party rights or (iv) remove, obscure or alter Society's copyright notices, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or through the Software. The content presented to you as part of the Software, including, but not limited to, photographic imagery and map data (the “Content”), is protected by Intellectual Property Rights which are owned by Society, its third-party licensors, partners and others who provide that Content to Society. You may not, nor may you allow others to, copy, distribute, display, modify or otherwise use the Content except as it is provided to you through the Software, unless you have been specifically told that you may do so by Society or by the owners of that Content in a separate agreement. Society and its licensors make no representations or warranties regarding the accuracy or completeness of this information.
3. COMPLIANCE WITH LAWS
You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software. You agree to comply with any applicable policies or guidelines that Society may make available from time to time at its sole discretion. By way of example, and not as a limitation, you agree that when using the Software, you will not:
upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
impersonate another person or entity or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, Content or other material;
remove any copyright, trademark or other proprietary rights notices contained in the Software;
submit content that falsely expresses or implies that such content is sponsored or endorsed by Society;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual or
transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature.
4. TERMINATION
You may terminate these Terms of Service at any time by permanently deleting the Software in its entirety. Your rights automatically and immediately terminate without notice from Society if you fail to comply with any provision of these Terms of Service. In such event, you must immediately delete the Software and all Content. To the maximum extent permitted by law, Society reserves the right to terminate this agreement and your use of the Software at any time and for any reason.
5. SURVIVAL
The provisions of Sections 2, 5, 6, 7, 8, 9, 10, 11 shall survive any termination or expiry of these Terms and Conditions.
6. INDEMNITY
You agree to hold harmless and indemnify Society from and against any claim, suit or action arising from or in any way related to your use of the Software or your violation of these Terms of Service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and lawyers' fees, of every kind and nature. In such a case, Society will provide you with written notice of such claim, suit or action.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCIETY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) SOCIETY AND ITS LICENSORS MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS OR PERFORMANCE OF THE SOFTWARE AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS CARRIED OUT AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d) NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS OR ANY OTHER SUCH ACTIVITIES, IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCIETY OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOCIETY AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOCIETY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE SOFTWARE OR TO ACCESS CONTENT OR DATA;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL SOCIETY OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF YOUR USE OR MISUSE OF THE SOFTWARE OR SUCH THIRD-PARTY SOFTWARE OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, (EVEN IF SOCIETY AND/OR A THIRD-PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF, INABILITY TO USE OR RELIANCE ON THE SOFTWARE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SOFTWARE AND ANY THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
9. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms and Conditions.
11. MISCELLANEOUS PROVISIONS
a) Choice of Law and Forum. These Terms of Service will be governed by and construed in accordance with the laws of the Italian State, without giving effect to the conflict of law provisions of California or your actual state or country of residence. If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will remain in full force and effect.
b) Waiver and Severability of Terms. The failure of Society to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. The other provisions of these Terms and Conditions shall remain in full force and effect.
c) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Software or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
d) These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if provided in writing and signed by Society and/or a third party who make(s) its software available in conjunction with or through the Software.