By using the software or any portion thereof (“Software”) you agree to the following terms and conditions (the “Terms and Conditions”). The Software, and any portion thereof, are referred to herein as the “Software.” By agreeing to these Terms and Conditions, you represent that you are 18 years old or older and capable of entering into a legally binding agreement. If you are a business entity, you also represent that you are duly authorized to do business in the country or countries where you operate and that your employees, officers, representatives, and other agents using the Software are duly authorized to use Timber Tech Software and to legally bind you to these Terms of Service.
- USE OF THE PRODUCTS
Timber Tech S.r.l. gives you a personal, non-assignable and non-exclusive license to use the object code of the Timber Tech Software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Software as provided by Timber Tech srl, in the manner permitted by these Terms and Conditions. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software.
- 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) Timber Tech S.r.l. owns all right, title 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, trademark law, and 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, and will not 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 Timber Tech copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
You agree to hold harmless and indemnify Timber Tech S.r.l. and its subsidiaries, affiliates, officers, agents, and employees 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 and Conditions, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
- 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 IT IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIMBER TECH SRL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
b) TIMBER TECH SRL 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 DONE 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) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIMBER TECH SRL OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
e) ALL THE DATA REPORTS AND RESULTS PROVIDED BY THE SOFTWARE MUST BE CHECKED BY THE STRUCTURAL DESIGNER RESPONSIBLE FOR THE PROJECT.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TIMBER TECH SRL NOR ANY CONTRIBUTOR TO THE SOFTWARE WILL BE LIABLE FOR ANY DAMAGES RELATED TO THE SOFTWARE, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, TO THE MAXIMUM EXTENT THE LAW PERMITS, NO MATTER WHAT LEGAL THEORY IT IS BASED ON.
- MISCELLANEOUS PROVISIONS
a) Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Timber Tech srl relating to the Software and govern your use of the Software, superceding any prior or contemporaneous agreements between you and Timber Tech srl regarding the Software.
b) Choice of Law and Forum. These Terms and Conditions and the relationship between you and Timber Tech srl shall be governed by the Italian laws. You and Timber Tech srl agree to submit to the personal and exclusive jurisdiction of the court of Trento, Italy.
c) Headings. The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.