EULA - BSDŽ Demo Version 1.0

ABCGO S.r.l.
Viale Merello 74, 09123 Cagliari, Italy

END USER LICENSE AGREEMENT
BSDŽ Demo Version 1.0 - Basic Software for a Doctor

NOTICE TO USER: PLEASE, READ THIS CONTRACT CAREFULLY.

BY USING ALL OR ANY PORTION OF THE SOFTWARE THE USER ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. THE USER AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT. IF THE USER DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF THE USER ACQUIRED THE SOFTWARE ON A TANGIBLE MEDIA (e.g. CD) WITHOUT THE OPPORTUNITY TO REVIEW THIS LICENSE AND DO NOT ACCEPT THIS AGREEMENT, THE USER MAY OBTAIN A REFUND OF THE AMOUNT ORIGINALLY PAID IF: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT WITHIN THIRTY (30) DAYS FROM THE PURCHASE DATE, WITH THE RECEIPT OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED.

The User may use this copy of the Software through a valid license from ABCGO. Some third party materials included in the Software may be subject to other terms and conditions, generally included in a attached document ("Readme" file).

1. Definitions.

"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) ABCGO or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed by ABCGO (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionalities of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by ABCGO. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "ABCGO" means ABCGO S.r.l, Viale Merello 74, 09123 Cagliari, Italy.

2. Software License.

As long as the User complies with the terms of this End-User License Agreement (the "Agreement"), ABCGO grants to him a non-exclusive license to Use the Software for the purposes described in the Documentation.

2.1 Terms of Use.

The customer will be able to install and use one copy of the Software only in the allowed number of computers.

2.2 Backup Copy.

The User may make one backup copy of the Software, provided that the backup copy is not installed or used on any other computer. The User may not transfer the rights to a backup copy unless he transfers the License as described in Section 4.

2.3 Alterations or Modifications.

It is possible to customize the installation functions, (e.g., installation of additional plug-ins and help files). However, the User may not otherwise alter or modify the installer program or create a new installer for any of such software. The User is not authorized to use any plug-in or enhancement not provided by ABCGO.

2.4 Limitation of Liability.

IN NO EVENT ABCGO WILL BE LIABLE TO THE USER OR OTHERS FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ABCGO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY THE APPLICABLE LAW IN USER'S JURISDICTION. ABCGO'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.

3. Intellectual Property Rights.

The Software and any authorized copies are the intellectual property of and are owned by Walter Melis, Antonio Barracca (Authors) and their Suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential informations of Walter Melis, Antonio Barracca (Authors) and their Suppliers. The Software is protected by copyright, including without limitation by the Italian Copyright Law, International Treaty Provisions and applicable laws in the country in which it is being used. Except as expressly stated above, this Agreement does not grant to the User any intellectual property right to the Software and all rights not expressly given are reserved to Walter Melis, Antonio Barracca (Authors) and their Suppliers.

4. Restrisctions.

4.1 Notice.

The User may not copy the Software, except as set in Section 2 ("Backup Copy"). Any copy that User is permitted to make pursuant to this Agreement must contain the same copyright notice and other proprietary notice that appear in the Software.

4.2 Prohibition to Modify.

The End-User may NOT decompile, reverse engineer, disassemble or otherwise attempt to discover the source code of the Software except to the extent expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and the User has first requested to the Authors to provide the information necessary to achieve such operability and the Authors have not made such information available. the Authors have the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by the Authors or obtained by the User, as permitted hereunder, may only be used for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the ABCGO's Customer Support. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify the Software and such use of any trademark do not give any rights of ownership in that trademark.

4.3 Transfer.

The User does not rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another User's computer except as may be expressly permitted herein. However, the User may transfer all his rights to Use the Software to another person or legal entity if: (a) he entirely transfers this Agreement, the Software and all other pre-installed softwares or hardware bundled with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or legal entity; (b) he doesn't retain any copy, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and all other terms and conditions upon which the first User has legally purchased a valid license for the Software. Notwithstanding the foregoing, the User may not transfer educational or pre-release versions of the Software, or resale copies of the Software.

5. Updates.

In the case of the Software is an update of a previous version, the customer must possess a valid license for the previous one in order to use the new version. All the updates are supplied with a system of license exchange. The customer agrees that by using an update he voluntarily abandons the right to use any previous version of the Software. However, the customer will be able to use a previous version of the Software in order to facilitate the installation of the new version only if the following conditions are met: 1) the update and the previous version are installed in the same computer; 2) the previous versions or the copies of these are not transferred to third party or installed on another computer except in the case that all the copies or updates are also transferred to third party or on another Computer; 3) the customer recognizes that the ABCGO's obligation to give assistance/support for the previous version of the Software would cease if the update has been installed.

6. No Warranty.

THE SOFTWARE IS BEING DELIVERED TO THE USER "AS IS" AND ABCGO DON'T GUARANTEE ANY WARRANTY TO ITS USE OR PERFORMANCE. ABCGO AND ITS SUPPLIERS DO NOT AND CAN NOT WARRANT THE PERFORMANCE OR RESULTS THAT CAN BE OBTAINED BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY THE LAW APPLICABLE TO THE USER IN HIS JURISDICTION, ABCGO AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

7. Limitation of Liability.

NOTHING CONTAINED IN THIS AGREEMENT LIMITS ABCGO'S LIABILITY TO THE USER IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM ABCGO'S NEGLIGENCE OR FOR THE TORT OF DECEIT (FRAUD). ABCGO IS ACTING ON BEHALF OF ITS SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS AGREEMENT, BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE. FOR FURTHER INFORMATION, PLEASE SEE THE JURISDICTION SPECIFIC INFORMATION AT THE END OF THIS AGREEMENT (IF PRESENT).

8. Export Rules.

The User agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited.

9. General Provisions.

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the entire Agreement, which shall remain valid and enforceable according to its valid terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of ABCGO. Updates may be licensed to the User by ABCGO with additional or different terms. This is the entire agreement between ABCGO and the End-User relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

10. Compliance with Licenses.

If the End-User is a business or an organisation, it agrees that upon request from an ABCGO's authorised representative, it will (within thirty (30) days) fully document and certify that the use of any and all ABCGO Softwares at the time of the request are in conformity with a valid license from ABCGO.

11. Pre-release Product Additional Terms.

If the product that the User has received with this license is a pre-commercial release or a Beta Software ("Demo Version"), then the following Section applies. To the extent of any provision in this Section is in conflict with any other term or condition in this Agreement, this Section supersedes such other term(s) and condition(s) regarding the Pre-release Software only, if it is necessary to resolve a conflict. The User acknowledges that the Software is a pre-release version and it does not represent the final product from ABCGO, and may contain bugs, errors and other problems that could cause system errors or other failures and data loss. Consequently, the Pre-release Software is provided to the User "AS IS", and ABCGO disclaims any warranty or liability obligations of any kind.

WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ABCGO'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY EURO ( 50,00).

The User acknowledges that ABCGO has not promised or guaranteed to him that Pre-release Software will be announced or made available to anyone in the future, and that ABCGO has no express or implied obligation to distribute a similar product or another one compatible with the Pre-release Software. Accordingly, The User acknowledges that any research or development performed regarding the Pre-release Software or any product associated with the Pre-release Software is entirely done at his own risk. During the term of this Agreement, if requested by ABCGO, the User will provide a feedback to ABCGO regarding testing and use of the Pre-release Software, including error or bug reports. If the Pre-release Software has been provided to the User with a separate written agreement, the use of the Software is also governed by such agreement. The User agrees that may not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or a commercial version of the Software, whether as a stand-alone product or as part of a larger product, the User agrees to return or destroy all earlier versions of the Pre-release Software received from ABCGO and to abide by the terms of the End-User License Agreement for any such later version of the Pre-release Software.
Notwithstanding anything in this Section to the contrary, the User agrees to return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of the testing of the Software when such date is earlier than the date for ABCGO's first commercial shipment of the publicly released (Commercial) Software.

For any question regarding this Agreement or further information from ABCGO please use the address and the contact information included with the product.