Generic Desktop Agent download

Please, read the following "TERMS AND CONDITIONS OF THE USER LICENSE FOR OLIVETTI PROGRAM PRODUCTS" before downloading the software.

TERMS AND CONDITIONS OF THE USER LICENSE

FOR OLIVETTI PROGRAM PRODUCTS

Olivetti hereby grants to the end-user customer ("Customer"), of the Olivetti Program Product to wich this document is annexed ("Program") a non trasferable and non-exclusive license to use the Program under the following terms and conditions.

OWNERSHIP

a) The program (wich term as used herein shall include the set of machine readable material on magnetic media, the user documentation and any other related material delivered to the Customer by or on behalf of Olivetti), as well as the related copyrights and other industrial or intellectual property rights, are the exclusive property of Olivetti and/or its suppliers. The Customer acquires no title, right or interest in the Program other than the license rights granted herein.

b) The Customer shall not remove from the Program any trademark, tradename, copyright notice or other notice, and shall be responsible for their conservation on the copies received hereunder and for their reproduction on any backup copy of the Program or on any portion of the same merged into other programs, subject to the provisions of Section 2 below.

LICENSE

a)For the purposes hereof "use of Program" shall mean the copying of any portion of the instructions or data contained in the Program by transfering or reading them from a medium into an Olivetti machine in order to process Customer’s data.

b) Under the license granted to the Customer hereunder, the Customer has the right to use the program only on a single Olivetti machine. The Customer may also merge the Program, or part thereof, into another program for its use on sald single machine. (Any portion of the Program merged into another program will continue to be subject to the terms and conditions hereof). The Customer shall not make any other use of the Program without the prior written permission of Olivetti.

c) The Customer may copy, in whole or in part, the Program in machine readable form on another magnetic medium, only in those cases in which this should prove necessary for back-up and recovery in case of break-down, provided however that such copies shall be used solely on sald single machine. Certain Programs, however, may include mechanisms to limit or inhibit copying.

d) The Customer may not copy, either in whole or in part, the documentation provided by Olivetti for the use of the Program and any other printed material supplied by or on behalf of Olivetti to the Customer. Additional copies of this documentation may be supplied by, or on behalf of, Olivetti at its rates in force at the time of ordering.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

Olivetti or its Suppliers gives no warranties with respect to the Program licensed hereunder and all implied warranties including any warranty of merchantabily and fitness for purpose are hereby excluded. IN NO EVENT WILL OLIVETTI OR ITS SUPPLIERS BE LIABLE FOR INDIRECT CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES EVEN IF OLIVETTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THE MAXIMUM LIABILITY OF OLIVETTI SHALL BE LIMITED TO REFUND TO THE CUSTOMER THE PRICE PAID BY THE CUSTOMER FOR THE PROGRAM.

TRANSFER OF THE LICENSE

The Program and/or any license granted hereunder to the Customer may not be assigned, sublicensed or otherwise transferred by the Customer to any third party without the prior written consent of Olivetti. Olivetti may assign or transfer its rights and obligations hereunder to Olivetti’s suppliers of the Program or to any Olivetti Subsidiary.

TERMINATION OF THE LICENSE

a) The license granted hereunder may be revoked and terminated forthwith by Olivetti written notice to the Customer if any of the following events occur: - in case of breach by the Customer of any provisions hereof; or in case of non-payment by the Customer in due time af any sum due from the Customer in consideration of delivery and license of the Program. Upon termination of the license granted hereunder, Olivetti reserves the right to take any legal action necessary to recover any damages incurred by Olivetti.

b) Upon termination of the license granted hereunder the Customer shall refrain from any further use of the Program, and Olivetti may require either the destruction of any copy of the Program, in any form, in the possession of the Customer or the return of the same to Olivetti.

RE-EXPORT RESTRICTIONS

The Customer aknowledges that the Program licensed hereunder may be subject to certain export restrictions in accordance with national and international regulations. Therefore the Customer undertakes not to export the Program or any technical Information received hereunder other than to member countries of the European Economic Community without having first obtained the prior governmental consents as needed.