End User License Agreement (EULA)


Copyright (C) 2020-2024 Andrea Guarinoni. All rights reserved.


Thank you for using this Software, the following document provides a summary of the guidelines that govern the usage and distribution of this platform.
By receiving, opening or using this Software, the User agrees that this End User License Agreement is a legally binding and valid contract and agrees to be bound by it. The User agrees to abide by the intellectual property laws and all the terms and conditions of this agreement.

Definitions

"Author" indicates the natural person(s) or legal entity that designed and/or developed this Software, and who owns the intellectual property rights on its source code.
"Software" means the computer software, including the framework's architecture, custom libraries, UI toolkit, panel and website provided by Author, and any updates or upgrades thereto.
"Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software.
"You", "Your" or "User" means the individual or legal entity, as applicable, exercising rights under this EULA.

Distribution

This Software (frontend and backend) has been developed and is licensed under the domain nichettostudio.com. This license grants the right to use this software exclusively on the domain nichettostudio.com and not on other domains. Copy, modifications and reuse of the whole software or a part of it are not allowed by this license. User cannot share, distribute, re-sell, offer for re-sell, transfer or sub-license in whole or in part this software. User can make one copy for backup purpose only.

Restrictions on use

You agree not to use this Software for any illegal or unauthorized purpose. You must comply with all laws, rules, and regulations applicable to your use of the Software. You may not use the Software in any manner that could damage, disable, overburden, or impair the servers or networks connected to the Software or interfere with any other party's use and enjoyment of the Software. You may not attempt to gain unauthorized access to the Software, accounts, computer systems, or networks connected to the Software, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Software.

Intellectual property

The User acknowledges and agrees that the Software is owned by the Author, who owns any intellectual property rights of any kind and nature existing on it or related to it. In the event that the User, while using the Software, comes in contact with or become aware in any way of the source codes and/or the operating algorithms of the Software, with reference to the same, he shall fulfil the same confidentiality obligations established, even after the termination of its use and for any reason whatsoever.
The source code of this Software is also subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know–how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.

Copyright restriction

This Software contains copyrighted material. User shall not modify or reverse-engineer this Software or any of its part, nor create any derivative works or other works that are based upon or derived from this Software in whole or part. The User agrees not to remove, obscure or alter any proprietary rights notices, including copyright, trademark notices and credits, that may be displayed or contained in this Software and in the source code.
Any additional third-party frameworks, libraries or plugins contained within this Software, or any other third-party files, media or contents saved or uploaded by using this Software, retain their original license and are the property of their respective owners. In particular, as regards the frontend of the publicly accessible website, the User acknowledges and accepts that any trademarks or logos, as well as the visual design of each page, the illustrations, the images or the videos, are the exclusive property of the respective owners and may not be reproduced.

Disclaimer of warranty

This Software and the accompanying files are provided "as is" and without specific warranties as to performance or merchantability or any other warranties whether expressed or implied. This disclaimer concerns all files generated or edited by using this software as well.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Author or his licensees be liable for any direct, indirect, punitive, incidental, special, consequential, or any other damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Software, with the delay or inability to use the Software, or for any information, Software, products, or services obtained through the Software, or otherwise arising out of the use of the Software, whether based on contract, tort, negligence, strict liability, or otherwise, even if Author has been advised of the possibility of such damages.

Governing law

This EULA shall be governed by and construed in accordance with the laws of Italy, without giving effect to any principles of conflicts of law. If any provision of this EULA shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.

Waiver

The failure of Author to enforce any right or provision in this EULA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Author in writing.