This agreement governs and is applicable for all Trial, Full and Bundle Licenses for Softorino software developed and distributed by Softorino Limited. Software that is installed and used on computers and other devices utilizing Apple or Windows Operating Systems
PLEASE READ THIS EULA CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING SOFTORINO SOFTWARE. BY DOWNLOADING, INSTALLING AND USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”.
When used in this EULA, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Software” means all of the contents of the downloads, files, or other media containing Softorino Software with which this EULA is applicable, including but not limited to (A) registration information, i.e. license key which is unique for Your registration email; (B) related explanatory written materials or files (“Documentation”); and (C) Software setup files and code samples (if any); and (D) any upgrades, modified versions, updates, additions, and copies of the Software, if any, provided to You by Us now or in the future (collectively, “Updates”).
“Use” or “using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the documentation.
“Trial Version” means a version of the Software to be used only to review, demonstrate and evaluate the Software. For example WALTR 2 Trial Version allows You to use it without any limitations for 24 hours. Any functional peculiarities, limitations or problems present in the Trial Version are and will not be a basis or reason for You to obtain a refund of a purchased license. That is, if a Trial Version is a cleaning capacity limited fully functional version, allowing You to see and test all its features, Your refund request will be declined if based on the absence of some certain feature or if some feature doesn’t work as You expected it to work.
1. Acceptance and Modification of Softorino’s User License Agreement
The use of websites, products and services managed or administered by Softorino Limited (“Softorino”), as well as of software developed and/or distributed by Softorino, are executed by the current User License Agreement (“License Agreement"). When downloading, installing or using software provided by Softorino, Users acknowledge that they have read, understood and accepted the current License Agreement.
In the event of modifications of the License Agreement, the version published on Softorino’s website is the only evidence. As a consequence, Users are invited to frequently consult this document in order to be informed of possible modifications.
This License Agreement shall be governed by and construed in accordance with English law without regard to the conflict of law provisions thereof. In the event of a dispute between the parties in connection with this Agreement, the parties shall amicably negotiate in good faith in order to resolve such dispute. If the parties do not reach an agreement within one (1) month as of the date of delivery of a notice of dispute by either party to the other party, such dispute shall be resolved by arbitration under the LCIA Rules, which rules are deemed to be incorporated by reference into this Section. 1) The number of arbitrators shall be one. 2) The seat, or legal place, of arbitration shall be London, UK. 3) The language to be used in the arbitral proceedings shall be English.
Subscribed Users to Softorino services as well as owners of accounts on these servers are explicitly authorized to download and use these software, scripts and programs which are made available to them.
Any other use of the software, scripts, sources, texts, drawings or methods contained in the programs made available on the Website or any other element of the Website, and in particular the use of the whole or parts of programs, scripts or any other item likely to be marketed, rented or any other for-profit use of the aforesaid items is strictly prohibited.
In the event of non-compliance with the instructions or with the limitations of use related to the services or in the event of non-compliance with the current User Agreement, Softorino RESERVES THE RIGHT TO SUSPEND OR CLOSE ANY USER ACCOUNT, TO DENY ACCESS TO ITS SERVERS AND TO TERMINATE ITS SERVICES WITHOUT ANY COMPENSATION.
3. Interruption of services
Softorino undertakes liability to the extent of its resources to ensure the availability of its Website and means of downloading resources, programs and services at disposal of its customers.
Softorino cannot be held responsible for interruptions of service, or for the impossibility to access any of its products or services, including customer support and download or activation of Softorino products.
4. Response Time/Support
Response time for information, support and assistance requests concerning the use and/or payment of provisions, services, software, or any other product provided by Softorino may take up to 24 hours.
As far as possible, Softorino commits itself to reduce latency periods to their minimum. Softorino’s current average response time is about 2 hours, weekends included.
Customer Support related questions are sent by email, phone or through online forms or other appropriate means which are normally processed within the same response time. However, if the issue requires the intervention of a third party to be appropriately handled, Softorino will not be held liable for eventual delays.
Softorino as the licensor, grants You as the licensee, a non-exclusive, non-transferable right to use the Software under the terms of this EULA. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Softorino reserves all rights not expressly granted to You. Softorino retains the ownership of the copyright in and to the Software.
- The purchase and activation of a license for one of Softorino products end all limitations of the trial period and grants unlimited transfers of all supported data sets.
- All Softorino product activation licenses labeled as “Lifetime” are not subjected to a time limit, and include free updates for all minor updates of the purchased major version. The major version number is defined by the number immediately following the product name.
- Major version upgrades – which include important new features and support for new operating systems and devices – are available at a discount for existing licensees.
- Changes to Apple’s environment which require a substantial rewrite of Product’s code in order to maintain compatibility may warrant a major upgrade.
- We understand a license owner might operate computers that are not strictly his own and will tolerate installation on such shared computers (e.g. office owned machines or family computers). This only extends to fair use and abuse may lead to license cancellation without compensation.
- There is no limit to the number of mobile devices a licensee can connect to Softorino products.
- Refunds are granted on a discretionary basis if the software repeatedly fails to operate or cannot be installed, providing that every reasonable means to correct the issue has been applied. In such cases, the licensee is required to open a support ticket in order to notify the Softorino Support Team of the issue, and to provide in said support ticket all necessary details as to ensure that all possible means of solving the issue have been exhausted. Refund requests will only be granted in the 30 days following the purchase.
- In the event of major changes in Apple software or hardware, Softorino cannot guarantee that its products will remain functional, and will not be liable for damage of any kind resulting from partial or total loss of compatibility.
- Softorino sends license holders important news regarding their license and its updates. These newsletters always contain an ‘Unsubscribe’ button. We strongly advise license holders to remain subscribed, unless they intend to never use the product again: newsletters may contain information about critical bug fixes, security enhancements, new features or feature changes, and renewal / upgrade special offers.
6. Limitation of Responsibility
SOFTORINO DOESN’T ASSUME ANY RESPONSIBILITY FOR POSSIBLE INTERRUPTION OR SUSPENSION OF WHOLE OR PARTS OF THE FEATURES ON ITS SITES RESULTING FROM ACTIONS OR OMISSIONS BY SOFTORINO OR A THIRD PARTY. WHEN SUBSCRIBING TO SERVICES PROVIDED BY SOFTORINO, USERS RECOGNIZE AND ACCEPT THAT WITHIN THE SCOPE OF REGULATIONS, SOFTORINO, ITS AFFILIATED COMPANIES OR COMPANIES WHICH TAKE PART IN MAINTENANCE, PRODUCTION OR SUBCONTRACTING SHALL NOT BE HELD RESPONSIBLE FOR DIRECT, INDIRECT OR ACCIDENTAL DAMAGES, OR FOR THE COMPENSATION OF MORAL DAMAGES, COSTS, LOSSES, DECREASES IN THE TURNOVER OR ANY LIABILITIES (EVEN IF SUCH A DAMAGE WAS ANTICIPATED OR COULD BE AVOIDED BY SOFTORINO), LIKELY TO HAPPEN WHEN USING SERVICES, OR ON THE CONTRARY, WHEN SITES OR THEIR CONTENTS CANNOT BE USED. SOFTORINO DOES NOT ASSUME ANY RESPONSIBILITY FOR DAMAGES OR VIRUSES WHICH COULD INFECT YOUR COMPUTER OR YOUR IT HARDWARE AFTER JOINING OR USING SOFTORINO WEBSITES OR DOWNLOADING PARTS OF THE WEBSITES.
7. Privacy & Consent
By using Softorino products, you agree that Softorino and its subsidiaries may collect and use technical and related information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you, to improve our products or to provide services or technologies to You.
Here’s an overview of anonymous data being collected into Google Analytics when you use our software:
- Version of .NET 4 framework installed;
- OS bit version;
- If iTunes is installed;
- Setup installation type (install, uninstall, reinstall, update);
- Exception message if our software crashes;
- Activation type (trial, lifetime);
- Software version, OS version;
- Model of connected device;
- If iTunes sync is supported (for connected device);
8. Denial of Guarantee
WITHOUT LIMITING THE SCOPE OF ARTICLE 5 ABOVE, ALL CONTENT, INFORMATION AND PROGRAMS FOUND ON SOFTORINO’S WEBSITES ARE PROVIDED ‘AS IS’, ACCORDING TO THEIR AVAILABILITY, AND WITHOUT ANY GUARANTEE, EITHER EXPLICIT OR IMPLICIT. SOFTORINO DOES NOT GUARANTEE THAT ITS SERVERS, ITS INTERNET SITES OR THEIR CONTENTS WILL MEET YOUR EXPECTATIONS, NOR THAT THEY ARE UNINTERRUPTED, CONVENIENT, SAFE OR ERROR-FREE. ADVICE OR INFORMATION OBTAINED FROM SOFTORINO IN WRITTEN OR ORAL FORM REGARDING USE OF SOFTORINO SERVICES AND PRODUCTS DOES NOT CONSTITUTE A GUARANTY OF ANY KIND.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
10. Contact Us
If you have any questions about these Terms, you can contact us at email@example.com.
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