Licence Agreement
Limited Use Software License Agreement

This Limited Use Software License Agreement (the "Agreement") is a legal 
agreement between you, the end-user, and PhD Engineering S.r.l. (PhD). By 
continuing the installation of this program, by loading or running the 
program, or by placing or copying the program onto your computer hard drive,
you are agreeing to be bound by the terms of this Agreement.
If you agree with the following conditions you are entitled to use this 
Software for a period of fourty (40) days to evaluate it, after such a 
period you are requested to register your copy in order to keep using it.

PhD software license 

1. Grant of license.

PhD grants to you the right to use the PhD Software program (the "Software"), 
which is the shareware version of the program. For purposes of this section, 
"use" means loading the Software into RAM, as well as installation on a hard 
disk or other storage device. You may not: modify, translate, disassemble, 
decompile, reverse engineer, or create derivative works based upon the 
Software. You agree that the Software will not be shipped, transferred or 
exported into any country in violation of the Italian Ministry for Trade with 
Third Countries and that you will not utilize, in any other manner, 
the Software in violation of any applicable law.

2. Copyright.

The Software is owned by PhD and is protected by Italy copyright laws and 
international treaty provisions. You must treat the Software like any other 
copyrighted material, except that you may make copies of the Software to give 
to other persons. You may not charge or receive any consideration from any 
other person for the receipt or use of the Software without receiving PhD's 
prior written consent. You agree to use your best efforts to see that any user 
of the Software licensed hereunder complies with this Agreement.

3. Limited Warranty.

PhD warrants that if properly installed and operated on a computer for which it 
is designed, the Software will perform substantially in accordance with its 
designed purpose for a period of fourty (40) days from the date the Software is 
first obtained by an end-user. PhD's entire liability and your exclusive remedy 
shall be, at PhD's option, either (a) return of the retail price paid, if any, 
or (b) repair or replacement of the Software that does not meet PhD's Limited 
Warranty. To make a warranty claim, return the Software to the point of 
purchase, accompanied by proof of purchase, your name, your address, and a 
statement of defect, or return the Software with the above information to PhD. 
This Limited Warranty is void if failure of the Software has resulted in whole 
or in part from accident, abuse, misapplication or violation of this Agreement.
Any replacement Software will be warranted for the remainder of the original
warranty period or thirty (3O) days, whichever is longer. This warranty 
allocates risks of product failure between Licensee and PhD. PhD's product 
pricing reflects this allocation of risk and the limitations of liability 
contained in this warranty.

4. Non other warranties.

PhD disclaims all other warranties, either express or implied, including but 
not limited to, implied warranties of merchantability or fitness for a 
particular purpose with respect to the Software and the accompanying written 
materials, if any. This limited warranty gives you specific legal rights. 
You may have others which vary from jurisdiction to jurisdiction. PhD does not 
warrant that the operation of the Software will be uninterrupted, error free 
or meet license's specific requirements. The warranty set forth above is in 
lieu of all other express warranties whether oral or written. The agents, 
employees, distributors, and dealers of PhD are not authorized to make 
modifications to this warranty, or additional warranties on behalf of PhD. 
Additional statements such as dealer advertising or presentations, whether 
oral or written, do not constitute warranties by PhD and should not be relied 
upon.

5. Exclusive Remedies.

You agree that your exclusive remedy against PhD, its affiliates, contractors, 
suppliers, and agents for loss or damage caused by any defect or failure in the 
Software regardless of the form of action, whether in contract, tort, including 
negligence, strict liability or otherwise, shall be the return of the retail 
purchase price paid, if any, or replacement of the Software. This Agreement 
shall be construed in accordance with and governed by the laws of the State of 
Italy. 
Copyright and other proprietary matters will be governed by Italy laws and 
international treaties. In any case, PhD shall not be liable for loss of data, 
loss of profits, lost savings, special, incidental, consequential, indirect or 
other similar damages arising from breach of warranty, breach of contract, 
negligence, or other legal theory even if PhD or its agent has been advised 
of the possibility of such damages, or for any claim by any other party. 
Some jurisdictions do not allow the exclusion or limitation of incidental 
or consequential damages, so the above limitation or exclusion may not apply 
to you.

6. General Provisions.

Neither this Agreement nor any part or portion hereof shall be assigned or 
sublicensed, except as described herein. Should any provision of this Agreement 
be held to be void, invalid, unenforceable or illegal by a court, the validity 
and enforceability of the other provisions shall not be affected thereby. 
If any provision is determined to be unenforceable, you agree to a 
modification of such provision to provide for enforcement of the provision's 
intent, to the extent permitted by applicable law. Failure of a party to 
enforce any provision of this Agreement shall not constitute or be construed 
as a waiver of such provision or of the right to enforce such provision. 
If you fail to comply with any terms of this Agreement, 
Your license is automatically terminated.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU 
UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY 
CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR 
RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE 
SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE 
BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS.

YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE 
AGREEMENTS BETWEEN PHD AND YOU, THIS AGREEMENT IS A 
COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND 
LIABILITIES OF THE PARTIES.

THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, 
PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER 
COMMUNICATIONS BETWEEN PHD AND YOU RELATING TO THE 
SUBJECT MATTER OF THIS AGREEMENT.

