Terms of Service
This Software License Agreement (this "Agreement") is between the client, either an individual or an entity, referred to hereinafter as the client and Fire Webb Online SRL, referred as FWO, for the software that accompanies this Agreement, as may be updated or replaced by feature enhancements, software updates or maintenance releases, referred as Software and any services that may be provided by FWO under this Agreement, referred as Services. You should not install and run the Software provided by FWO until you have carefully read and agreed to the following Agreement.
By ordering, downloading, installing, accessing, using or entering into any interaction with the Software provided by FWO or by authorizing any third party to perform any of these actions, you are indicating that you are willing and in full capacity of entering into a binding legal agreement, have read and understood this Agreement and you accept its terms and conditions. If you do not agree with the terms and conditions of this Agreement, do not order, install, access, download, use or interact with the Software.
1. Restrictions under this Agreement
The distribution of copies of the software provided by FWO to a third party, the duplication of the Software provided by FWO, including the electronic transmission or any other means is not allowed under this Agreement. Backup of the Software in machine-readable form is permitted under the provision that the backup copy must include all copyright or other proprietary notices contained on the original. This Agreement is not providing the permission to rent, sublicense, assign, lease, loan, resell for profit, distribute, publish or network the Software provided by FWO or any related materials or to develop based on the Software or any part of it.
You have no permission to use the Software provided by FWO to engage or perform or allow others to engage or perform in any illegal activity wherever the Software is either accessed and/or used. You have no permission to use the Software provided by FWO to engage in any activity that will violate the rights of any third party, that includes, but without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
2. Ownership Rights
The Software provided under this Agreement is owned by FWO and is licensed for use only under the terms and conditions of the License. FWO is holding all rights that are not granted under this Agreement. The Software provided by FWO is protected by U.S., EU, and international copyright laws and other treaty provisions. FWO owns and retains all rights, titles, and interests in and to the Software provided, including all copyrights, patents, trade secret rights, trademarks, service marks, and other intellectual property rights derived.
The possession, installation, or use of the Modules or other Software products does not provide the transfer of any title of intellectual property in the Software, and you will not acquire any rights unless they are expressly stated in this Agreement. All copies of the Software provided are due to display the same proprietary notices that appear on and in the Software, to the extent of all copyright notices embedded in any design template which must always remain unaltered from the original and visible. Renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing, networking rights are not allowed. Every attempt of these must be requested and approved by FWO.
FWO is providing based on request Custom Software Developments that are based on unencrypted coding and their ownership is transferred to the customer for its own usage upon complete payment is received. This licensing is not providing the right to rent, sublicence, assignation, leasing, lending, reselling for profit, distributing, publishing or networking rights. Any exceptions and permissions under this clause should be agreed upon and permitted by FWO.
3. Termination of the Agreement
The Agreement will be lawfully terminated without further notice if you attempt to rent, sublicense, assign, lease, loan, resell for profit, distribute, publish or network any software provided by FWO (modules, products or custom)
The License for the Products is effective until terminated. You may terminate the License at any time by uninstalling the Software and destroying all copies of the Software on all storages or devices. This Agreement may be terminated by FWO immediately and without notice, if you fail to comply with any term or condition of the License or this Agreement. Upon such termination, you must immediately cease using the Software, and erase all complete and partial copies of the Software provided by FWO.
4. No Warranties
FWO is providing the software "as it is," and there are no warranties provided as to its usage, performance, or otherwise. To the maximum extent permitted by applicable law, FWO disclaims all other representations, warranties, and conditions, express or implied, statutory or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk and responsibility arising out of the use or performance of the software remain with the customer.
5. Limitation of Liability
To the maximum extent permitted by applicable law, FWO, its representatives or affiliates will not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if FWO, its representatives or affiliates have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of the damages set forth herein are fundamental elements of the basis of the agreement between FWO and customer; FWO is not able to provide the software to you without such limitations.
6. Fees and Payments
By purchasing our products with a defined period license you acquire access to the product's updates for that period. Each subsequent period of the license renewal, access to technical support and product's updates shall be paid in accordance with the valid offer. By purchasing our products with an owned license, you acquire access to our technical support and product updates based on the valid offer. Each subsequent period of access to technical support and product updates shall be paid in accordance with the valid offer. FWO reserve the right to charge fees for future services in our sole discretion as well as a change of prices of our products and services at any time. If FWO decides to charge for the services, the customer will be given prior notice before the charge will be imposed. By accepting this document upon purchasing services from us, you agree to receive PDF Proforma Invoices on the email address provided during the registration process. Missing payment for any Service including but not limited to custom software development, will result in the suspension of all customer's existing services including but not limited to product licenses.
We are happy to receive feedback, suggestions, and ideas about the software and services provided. The feedback provider agrees that FWO may use the feedback received in any way, including in future modifications of our software. You grant us a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any information you provide to us in the feedback.
8. Delivery Policy
Upon the receipt of your order, you will either be prompted to begin your download or you will receive an e-mail from us with instructions on how to complete your download. If you are prompted to begin your download immediately, your completion of the download will be considered as delivery to you of the item(s) you purchased. In case you receive an e-mail from us with instructions to complete your download, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased. In case you are unable to download the item(s) or you do not receive an e-mail from us with instructions to complete your download, you must contact us within 5 days from the date of your software order. If you do not contact us within 5 days from the date of your Product order, the item(s) you purchased will be considered received, downloaded and delivered to you.
Upon receipt of your Custom Software Development order, the services will be provided according to the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase will determine the timing of the development and delivery of the services. The services will be deemed to be successfully delivered to you upon the performance of the services.
9. Refund Policy
By ordering and purchasing, downloading, installing, accessing, using or entering into any interaction with the software provided by FWO (or authorizing any other person to do so) you indicate that you are aware of and you accept our Refund Policy.