lms_installer Copyright (c) 2020 Simone Filippini / audiodigitale.eu *** 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 lms_installer("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 Simone Filippini / audiodigitale.eu your use of lms_installer indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, Simone Filippini / audiodigitale.eu grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use lms_installer in accordance with this Agreement and any other written agreement with Simone Filippini / audiodigitale.eu. Simone Filippini / audiodigitale.eu does not transfer the title of lms_installer to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Simone Filippini / audiodigitale.eu and the purchasers or users of lms_installer. If you do not agree to be bound by this agreement, remove lms_installer from your computer now and, if applicable, promptly return to Simone Filippini / audiodigitale.eu by mail any copies of lms_installer and related documentation and packaging in your possession. 2. DISTRIBUTION lms_installer 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 lms_installer contact Simone Filippini / audiodigitale.eu. 3. USER AGREEMENT 3.1 Use Your license to use lms_installer is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of lms_installer. 3.2 Use Restrictions You shall use lms_installer in compliance with all applicable laws and not for any unlawful purpose. You may make one copy of lms_installer for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of lms_installer . The assignment, sublicense, networking, sale, or distribution of copies of lms_installer are strictly forbidden without the prior written consent of Simone Filippini / audiodigitale.eu. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of lms_installer. If any person other than yourself uses lms_installer 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 lms_installer. Nor can you create any derivative works or other works that are based upon or derived from lms_installer in whole or in part. Simone Filippini / audiodigitale.eu's name, logo and graphics file that represents lms_installer shall not be used in any way to promote products developed with lms_installer . Simone Filippini / audiodigitale.eu retains sole and exclusive ownership of all right, title and interest in and to lms_installer and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of lms_installer, 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 Simone Filippini / audiodigitale.eu. 3.4 Limitation of Responsibility You will indemnify, hold harmless, and defend Simone Filippini / audiodigitale.eu , 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 Simone Filippini / audiodigitale.eu's Software. In no event (including, without limitation, in the event of negligence) will Simone Filippini / audiodigitale.eu , 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, lms_installer or the use or inability to use lms_installer or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. 3.5 Warranties Except as expressly stated in writing, Simone Filippini / audiodigitale.eu 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 lms_installer and destroy all copies of lms_installer 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 lms_installer AS WELL.