Dalii End User Licensee Agreement (EULA)
Version 1.0 (27 March, 2019)
Section 1. Introduction
Please read the following introductory clauses carefully:
By downloading, installing and using the Software, or by purchasing a License Key, you agree without reservation to be bound to this EULA.
If you do not agree with the terms and conditions of this EULA, you are not allowed to use this Software, so please don't download, install and use the Software, and don't buy a License Key.
You agree that this EULA has the same value and the same effects of a written agreement signed by You.
This EULA may be modified at any time. Valiantleaf will notify changes to this EULA on the Website, and/or using any appropriate medium at its discretion. To be notified of such changes You may be contacted at your email address, if You provided one.
The modified EULA becomes effective upon your first Use of the Software or 30 days after the changes have been made available, whichever comes first. Your use of the Software after modifications to the EULA become effective constitutes your binding acceptance of such changes. If you do not agree to the modified EULA, you will be deemed to withdraw your acceptance of this Agreement, in which case you will need to uninstall and discontinue your use of the Software at that time.
This Software is intellectual property of and is owned by Valiantleaf; THIS LICENSE AGREEMENT DOES NOT GRANT THE CUSTOMER ANY INTELLECTUAL PROPERTY RIGHTS ON ANY PART OF THE SOFTWARE.
Section 2. Definitions
Customer or You mean any entity that obtained the Software and uses it or makes any other entity use the Software on the behalf of it; this includes for example you or your employer, if applicable
Valiantleaf means Federico Pietrobono, an Italy based sole proprietor located in Via Lazio n.20, 00010 Tivoli (Italy), VAT Number 15453151001
Agreement or EULA means the present Dalii End User License Agreement
License means the permission to use the Software according to the terms of this EULA
Dalii means the Dalii interactive computer graphics system
Software means the totality of files composing Dalii, including executable files, data files, local or remote documentation files, etc.
Use means downloading, installing, running, purchasing a License Key and performing the Activation Process, and in general getting benefit from the Software, in accordance with this EULA
Website means the Software's website, https://www.daliiapp.com
Documentation means all official information available on the Website, including but not limited to the online manual, blog posts, specific site's pages etc.
Dalii Pro or Full Version the version of the Software that you are licensed to use as the result of the Activation Process, characterized by the features specified by the applicable agreement at the time of generation of the License Key
Activation Process the process of acquiring the License to use the Full Version of the Software
License Key a code generated by Valiantleaf required to execute the Activation Process and that is needed to be entered in the Software to enable the use of the Full Version
Volume License Key a variant of the License Key that allows multiple concurrent Software Executions
Software Execution means the act of starting and running Dalii
Software Integrity means the precise state of the Software as intended by Valiantleaf
Tampering means the act of modifing the Software, always causing as result the loss of Software Integrity
Compatible Computer means a computer conforming with the recommended operating system and hardware configuration, as specified by the Documentation
Output means any form of file produced by the Software
Permitted Number of Installations means the number of different, non concurrently executing installations of the Software that the Customer is entitled to make
Updates any modification, addition or removal made to the Software by Valiantleaf
Section 3. License
Valiantleaf grants You a limited, non-exclusive, non-transferable, revocable license to Use the Software subject to the terms and restrictions of this EULA.
You must install and use the Software consistently with the terms of the present Agreement.
You will not use the Software in a way non consistent with its design and pourposes as defined by this Agreement and the Documentation.
You must not license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software.
You shall not remove or alter any copyright, disclaimer, warning or other notice accompaining the Software.
You agree that the the structure and the content of the Software are valuable trade secrets and are to be considered confidential information.
You can't modify the Software in any part or in any way. You agree that, standing the exceptions specified at (8), any tentative of modification of the Software is considered Tampering. The Software may include means to protect its Software Integrity and in case that Tampering is detected it may act to terminate Software Execution without further notice or suspend the License until Software Integrity has been restored exactly.
Standing the exceptions specified at (8), reverse engineering, decompiling, disassebling, using software or hardware devices such as debuggers to trace Software Execution, in general any attempt to discover the source code of the Software is expressely prohibited and considered Tampering, and as such may be detected by the Software or the Website causing termination of Software Execution and suspension of the License similarly as stated at (6).
The Software uses LGPL-licensed libraries in accordance with the GNU Lesser General Public License (LGPL). The Software ships for the sole convenience of You with a custom distribution these libraries and uses it only via dynamic linking mechanisms, so the Software qualifies as a "work that uses the library" and as such is not derivative work. In accordance with the LGPL erms, You are granted (a) the right modify the Software by relinking the Software with a binary-compatible version of the LGPL Libraries of your choiche and (b) reverse engineer for debugging purposes only such modifications. The Documentation contains technical information to guide You in such process.
Parts of the Software are licensed under the terms of their specific licenses. You must adhere to the terms and conditions of these licenses. The Documentation and the Website explain where this information can be found.
You shall not rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key.
You shall not attempt to reverse engineer or tamper the License Key and the Activation Process in any way.
You can perform the Activation Process to turn the Software installation to the Full Version using a License Key on a maximum of three different devices, but You can Use the Software on only one device at any time.
If You have a Volume License Key, You can Use concurrently as many instances of the Software as the License Key entitles you to do.
Section 4. Termination of Licensing
Valiantleaf may, in its sole and absolute discretion, at any time and for any reason suspend or terminate this License and the rights afforded to the Customer hereunder with or without prior notice.
Furthermore, if the Customer fails to comply with any terms and conditions of this License, then this License and any rights afforded to the Customer hereunder shall terminate automatically, without any notice or other action by Valiantleaf.
You agree that Valiantleaf is entitled to implement License termination by blocking the License Key with immediate effect and without notice.
Upon the termination of this License, You shall cease all use of the Software and uninstall the Software.
Provisions of this EULA that are intended to survive termination remain in effect after termination of this EULA.
Section 5. Automatic connections and data usage
- You agree that this Software may connect automatically to the internet for the following pourposes:
Check for the presence of updated versions of this Software
Check for the presence of updated versions of this EULA
Send at user request error reports to our servers
Open at user request webpages pertinent to the Software, such as the Software's homepage, the Software's social profiles pages, etc.
You agree that Valiantleaf is entitled to collect the necessary technical information that these procedures require, such as the Software version number, the Operating System version, and similar data.
You acknowledge that the data collected in these circumstances may identify uniquely the Software installation and or the hardware it is installed upon; anyway, unless a License Key is entered, no personal user data is collected and transmitted to the Website.
You acknoweledge that when a License Key has been entered into the Software the Software serial number may be collected and transmitted to the Website, thus identifying You uniquely.
You agree that Valiantleaf may collect and process personal data about You to generate the License Key, to provide support and to comply with the obligations under this EULA.
In any case, all data processing complies with obligations under application data protection law; please see Valiantleaf's Privacy Policy to learn about the details of the processing of Your personal data.
Section 6. No warranty
Disclaimer of Warranties YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SOFTWARE AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. VALIANTLEAF AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SOFTWARE AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, VALIANTLEAF AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SOFTWARE OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VALIANTLEAF OR FROM THE SOFTWARE SHALL CREATE ANY.
Section 7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL VALIANTLEAF OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT VALIANTLEAF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VALIANTLEAF'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Section 8. Infringement Acknowledgement
You acknowledge and agree that, in the event of a third party claim that the Software or his possession or use of the Software infringes any third party's intellectual property rights, You (and not Valiantleaf) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You, however, shall promptly notify Valiantleaf in writing of such a claim.