Windows software distribution license agreement

BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE "Licensee". IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL OR USE THE PRODUCT, AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.

1. Definitions. As used in this Agreement, "Licensor" shall mean Amedeo Farello, 00197 Rome, Italy. "Product" shall mean an application or other software solution marketed by Amedeo Farello for the Microsoft Windows operating system, such as GI20Editor, MidiDrums and FCBBooster.

2. License Agreement. Licensor grants Licensee a non-exclusive and non-transferable license to use for personal or internal business purposes, on a single computer and by a single person at a time, the executable code version of the Product, provided any copy must contain all of the original proprietary notices. This license does not entitle Licensee to receive from Licensor hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. Licensor may terminate this Agreement at any time, for any reason or no reason. Licensor may also terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product and of any personalised unlock code received.

3. Restrictions. Without Licensor's prior written consent, Licensee may not: (i) modify or create any derivative works of the Product or documentation, including customization, translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product, (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product. In case Licensee received a personalised license code to unlock the Product, Licensee will ensure that this unlock code is kept in a secure place and does not fall into the hands of unauthorised users. If an unlock code is found to be published anywhere, this is considered sufficient reason for immediate termination of the corresponding license.

4. Proprietary Rights. Title, ownership rights, and intellectual property rights in the Product shall remain in Licensor. The Product is protected by copyright and other intellectual property laws and by international treaties.

5. Disclaimer of Warranty. THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Licensor OR HIS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, Licensor'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

7. Miscellaneous. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Rome, Italy.