The DT2745 Digitizer is a 64-channel digital signal processor for radiation detectors in a Desktop form factor. It offers not only waveform digitization and recording but also Multi-Channel Analysis for nuclear spectroscopy using Silicon strip, segmented HPGe, Scintillation detector with PMTs, Wire Chambers, and others.
The DT2745 can perform pulse height measurements (PHA), and other algorithms that will be gradually developed, such as constant fraction timing (CFD), charge integration (QDC) and pulse shape discrimination (PSD). Algorithm settings can be set independently channel by channel.
The input channels with software selectable analog gain up to x100 are provided as differential (on 2745 versions) or single-ended (on 2745B versions).
Each channel of the module digitizes the analog input, that can be the signal coming from a physics detector, with a 16 bit, 125 MS/s ADC. The sampled data are used to initiate the digital pulse processing sequence, managed in the FPGA at the firmware level. Different firmware types can be selected via software, according to the specific setup and acquisition mode.
Common trigger: all channels acquire simultaneously with a common trigger. The trigger can be fed externally or generated by a combination of individual channel discriminators. This mode is mainly intended for the acquisition of waveforms, like a digital oscilloscope. Options for zero suppression are available to remove not significant data.
Independent trigger:suited for trigger-less applications, where no global trigger is needed but each channel acquires waveforms upon its self-trigger which fires through a digital discriminator, independently of the others.
DPP: real-time processing in the FPGA allows for the extraction of physical parameters from the waveform (e.g. pulse height, charge, timestamp, PSD), well suited for high counting rate applications. It is yet possible to save both raw waves and parameters.
A template of the firmware is available for customers who want to personalize the acquisition to implement custom algorithms for pulse processing in the open FPGA. The user can have control of the data output information and customize the trigger logic to get several combinations of self-triggers and I/O signals to validate or discard the events.
Custom software can run on the onboard CPU for data reduction and analysis. Multi-board synchronization can be implemented via backplane or front panel easy-cabling options.
The communication interface selection offers fast readout options: USB 3.0 type-C and 1/10 Gigabit Ethernet or optional Optical (CONET – CAEN Daisy Chainable Optical Link Protocol Coming Soon) Links.
Technical Specifications
GENERAL
Weight: 3120 g Form Factor: Desktop | Desktop Rack Dimension: Desktop: 338 W x 100 H x 283 L mm³ (without connectors) | 338 W x 100 H x 295 L mm³ (including connectors). Desktop-Rack: 19″ rack mount
ANALOG INPUT
Channels
64 channels
Differential on 2740 versions
Single-ended on 2740B versions
Impedance
50 Ω single-ended
100 Ω differential
Connector
Four 2mm 40-pin header male
Input adapters available
Full Scale Range
4Vpp
Gain
x1 to x100 in steps of 0.5 dB (software selectable)
Bandwidth (-3 dB)
20 MHz
Offset
Individual offset adjustable in the ±2.5 V range
DIGITAL CONVERSION
Resolution: 16 bits Sampling Rate: 125 MS/s simultaneously on each channel. Scalable by 2n decimation factor, n = 1 to 10 (Scope firmware only)
TRG-IN/S-IN internally terminated with 50 Ω (Zin = 50 Ω)
TRG-OUT requires Rt = 50 Ω
GPIO as Input must be terminated with 50 Ω
GPIO as TTL Output requires Rt = 50 Ω
GPIO as NIM Output requires Rt = 50 Ω or 25 Ω
– LEMO 00 male connector
DAC OUT
DAC output for signal inspection, pulse generation, majority level
14-bit Digital-to-Analog Converter (DAC)
125 MS/s Update Rate
±1 V @ 50 Ω load; ±2 V @ hi-Z load Output Range
LEMO-00 male connector
ACQUISITION MEMORY
2.5 GB total DDR4 memory size (20.971 MS/ch) divisible in multiple buffers
Maximum record length: ≃ 84 ms @ 125 MS/s (total memory size divided by 2)1
1 Value referred to the Scope firmware (minimum of two buffers admitted)
TRIGGER
Trigger Modes
Common: all channels acquire simultaneously with the trigger (software, external or logic combination of self-triggers)
Individual: each channel acquires independently with its self-trigger
Correlated: the individual self-trigger of each channel is validated by the coincidence/anticoincidence logic between other self-triggers and/or external I/Os
Trigger Time Stamp
Resolution: 8 ns coarse time stamp, 8ps fine time stamp (DPP firmware only)
Counter range: 48 bits
Full-scale range: ~625 h
SYNCHRONIZATION
Clock Propagation
Typical 62.5MHz frequency distributed by daisy chain through CLK-IN/CLK-OUT or by fan-out to CLK-IN
Custom frequencies can be supported
Acquisition Start/Stop
Daisy chain or fan-out propagation through CLK-IN/CLK-OUT or NIM/TTL, LVDS I/Os
Data Sync
Busy/Veto logic on LVDS I/Os or NIM/TTL I/Os for event building synchronization
Trigger Distribution
TRG-IN/TRG-OUT NIM/TTL LEMO I/Os (common trigger) or LVDS I/Os (common or individual trigger)
Trigger Time Stamp Reset
Software from START run command or Hardware from S-IN/GPIO input (Scope Firmware only)
FIRMWARE
Firmware stored in the on-board Flash Memory and live rebootable by Web Interface
DPP Firmware
Implements the digital pulse processing algorithm:
DPP-PHA: Pulse Height Analysis
DPP-QDC: Charge Integration
DPP-PSD: Pulse Shape Discrimination
DPP-ZLE: Zero Length Encoding
DPP-DAW: Dynamic Acquisition Window
Scope Firmware
Firmware for the waveform recording
Upgrades
Any supported firmware can be uploaded via Web Interface (both different firmware types and upgraded versions of the same firmware)
SDK and Tools
General purpose C libraries with demo samples for host Windows® and Linux® PC, and embedded Arm processor
SCI-Compiler (Open FPGA)
Automatic generation of drivers (USB, ethernet), libraries, and demo software for Windows®, Linux®Web Interface
Firmware management (e,g. upgrades and on-the-fly selection of the firmware to run), board information, PLL and Ethernet configuration, board status monitoring
POWER REQUIREMENTS
Mains-powered (130 Watt @110V/220V).
DT2745
64 Channel 16 bit 125 MS/s Digitizer with Programmable Input Gain
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
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Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
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This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
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With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
EULA – Software and Firmware License – Free Version
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a free of charge, personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use of the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use of the CAEN Software that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with its credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation to all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in para. no. 6, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledge that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
Indemnification
The End User is solely responsible for compliance with agreements it has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
The End User acknowledges that, under this EULA, CAEN is not obliged to provide the End User with:
any update of the CAEN Software;
technical maintenance services (included bug fixing and/or similar activities);
technical support activities (both on site and/or remotely).
If the End User would need any of such activities, It shall enter into a specific and separate agreement with CAEN having as object the required activities.
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non-compliance, as liquidated by the competent court of law.
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
- Parameters free get and set for 27XX
- Support for 27XX hostname
- Fixed 27XX auto trigger
- Fixed acquisition for synchronized 27XX
- Minor bugfixes
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
EULA – Software and Firmware License – Free Version
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a free of charge, personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use of the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use of the CAEN Software that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with its credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation to all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in para. no. 6, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledge that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
Indemnification
The End User is solely responsible for compliance with agreements it has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
The End User acknowledges that, under this EULA, CAEN is not obliged to provide the End User with:
any update of the CAEN Software;
technical maintenance services (included bug fixing and/or similar activities);
technical support activities (both on site and/or remotely).
If the End User would need any of such activities, It shall enter into a specific and separate agreement with CAEN having as object the required activities.
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non-compliance, as liquidated by the competent court of law.
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software.
- Parameters free get and set for 27XX
- Support for 27XX hostname
- Fixed 27XX auto trigger
- Fixed acquisition for synchronized 27XX
- Minor bugfixes
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
EULA – Software and Firmware License – Free Version
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a free of charge, personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use of the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use of the CAEN Software that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with its credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation to all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in para. no. 6, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledge that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
Indemnification
The End User is solely responsible for compliance with agreements it has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
The End User acknowledges that, under this EULA, CAEN is not obliged to provide the End User with:
any update of the CAEN Software;
technical maintenance services (included bug fixing and/or similar activities);
technical support activities (both on site and/or remotely).
If the End User would need any of such activities, It shall enter into a specific and separate agreement with CAEN having as object the required activities.
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non-compliance, as liquidated by the competent court of law.
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
EULA – Software and Firmware License – Free Version
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a free of charge, personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use of the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use of the CAEN Software that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with its credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation to all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in para. no. 6, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledge that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
Indemnification
The End User is solely responsible for compliance with agreements it has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
The End User acknowledges that, under this EULA, CAEN is not obliged to provide the End User with:
any update of the CAEN Software;
technical maintenance services (included bug fixing and/or similar activities);
technical support activities (both on site and/or remotely).
If the End User would need any of such activities, It shall enter into a specific and separate agreement with CAEN having as object the required activities.
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non-compliance, as liquidated by the competent court of law.
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software.
- Full support for x2730 boards
- Added fixed size file save option
- Commands can be sent manually for test purposes
- Added temperatures monitor
- Some bugfixes
System Requirements
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- Windows 10
How to get support
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CAEN makes available the technical support of its specialists for requests
concerning CAEN products. Use the support form available at the following link:
https://www.caen.it/support-services/support-form
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
Copyright (C) 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.
“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.
An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.
A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.
The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.
The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:
a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the object code with a copy of the GNU GPL and this license document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:
a) Give prominent notice with each copy of the Combined Work that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the Combined Work with a copy of the GNU GPL and this license document.
c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.
1) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user’s computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version.
e) Provide Installation Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and Corresponding Application Code. If you use option 4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:
a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License.
b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy’s public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
PUBLIC BETA VERSION Disclaimer WEB PUBLISHED BETA FIRMWARE/SOFTWARE VERSIONS MAY CONTAIN DEFECTS AS THEY ARE PRIMARILY INTENDED FOR BETA TESTING PURPOSES AND BUG IDENTIFICATION.
CAEN DOES NOT GUARANTEE FULL FUNCTIONALITY AND STABILITY OF BETA FIRMWARE/SOFTWARE, AND DENIES ANY RESPONSIBILITY FOR REAL OR POTENTIAL, DIRECT OR INDIRECT DAMAGES DUE TO THE USE OF THIS FIRMWARE/SOFTWARE. THE USER MUST BE CONSCIOUS THAT BETA FIRMWARE/SOFTWARE IS PROVIDED “AS IS” AND HE MUST BE CONSIDERED THE ONLY RESPONSIBLE FOR ITS USAGE.
End User License Agreement for the CAEN Software and Firmware (the “EULA”)
Acceptance of the EULA
The download, installation, use or copy of this software and/or firmware (hereinafter also the “CAEN Software”), or any work based on the CAEN Software, implies the acceptance of the terms and conditions set out in this EULA, that shall immediately enter into force.
The CAEN Software has been copyrighted by CAEN S.p.A. with registered office in Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY (hereinafter also “CAEN”).
CAEN hereby authorizes the end user (hereinafter also the “End User”) to use the CAEN Software within the context of the following licensing conditions, whereas this EULA represents a binding agreement between the End User and CAEN.
The term “CAEN Software” is used to identify the program received by the End User from CAEN and/or CAEN’s independent distributors, downloaded from CAEN’s official website or anyhow provided to the End User by CAEN. Such term does not include any other program that is covered by a separate license and distributed as a different entity.
The unauthorized reproduction and/or the unauthorized sale of the CAEN Software or of parts thereof by the End User, is liable to prosecution under the applicable criminal or civil law and will result in severe penalties and claims for damages.
License
Subject to the End User’s compliance with this EULA, CAEN hereby grants the End User with a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide (except as limited below) license to download, install, access, and use the CAEN Software.
Proprietary rights
The CAEN Software and any accompanying documentation, local computer files installed or utilized by the installer application are in the property of CAEN and are protected by Italian and international laws.
This EULA defines the legal use of the CAEN Software, together with all updates, revisions, substitutions, and any copies of the CAEN Software made by or for the End User.
The End User further acknowledges and agrees that CAEN owns and shall continue to own all rights, titles, and interests in and to the CAEN Software, including associated intellectual property rights under copyright, trade secrets, patents, or trademark laws.
This EULA does not grant the End User any ownership interest in or to the CAEN Software, but only a limited and strictly personal right of use that is revocable in accordance with the terms of this EULA.
All rights not expressly granted to the End User are reserved to CAEN or to their respective owners.
The structure, organization, and code of the CAEN Software are CAEN’s valuable trade secrets and constitutes CAEN’s confidential information, that cannot be disclosed by the End User without CAEN’s prior written consent.
License Conditions
With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:
misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
use it commercially and/or for any promotional purposes;
use it on more than one device at a time;
provide any third party with the End User’s credential and password to access the CAEN Software and/or any other mean (e.g. token) that enables the access and/or use of the CAEN Software;
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify the CAEN Software, any updates, or any part thereof in order to modify the CAEN Software or any portion thereof (with the exception of the case in which CAEN provides the END User with the specific source code of the relevant CAEN Software);
sell, lease, loan, distribute, transfer, or sub-license the CAEN Software or access thereto or derive income from the use or provision of the CAEN Software, whether for direct commercial or monetary gain or otherwise, without CAEN’s prior, express and written permission;
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
incorporate the CAEN Software into any electronic device manufactured by or for the End User except into those that you the End User have has received from CAEN and/or its partners or authorized by the latter;
use the CAEN Software to operate nuclear facilities, life support, or other critical application where human life or property may be at stake. The End User acknowledges that the CAEN Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CAEN is not responsible;
disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any CAEN Software;
will not use the CAEN Software with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the CAEN Software, would require us to disclose, license, distribute or otherwise make all or any part of such CAEN Software available to anyone, or grant others any rights to modify the Software;
incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
claim any sponsorship by, endorsement by, or affiliation with CAEN;
except for the reproductions expressly authorized in this EULA, to create other reproductions of the CAEN Software or of the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programmed code to a printer;
transfer the CAEN Software from one computer or modules to another computer or modules or recording device via a network orother data transfer channel, insofar as the receiving device is not a computer or other recording device of the End User, which is referred to in, and understood to be within, the framework of this EULA;
create works derived from the CAEN Software or documentation, or to reproduce, translate, change, or create works derived from thedocumentation, insofar as this is not necessary within the context of contractual use;
transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
Admitted reproduction of the CAEN Software
The End User may reproduce the CAEN Software only if such reproduction is strictly necessary for the use of the CAEN Software.
Necessary reproductions include the installation of the CAEN Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN Software into the main memory during CAEN Software operation.
Moreover, the End User may reproduce the CAEN Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
Should a rotational backup of a system’s entire data set, including the CAEN Software programmers, be essential for a fast reactivation of the system following a complete breakdown, the End User may create backup copies in the required quantities. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
The End User will not modify the user guides, operating manuals and release notes made available by CAEN, if any. Such documentation may:
only be used to support the End User’s use of the CAEN Software;
not be republished or redistributed to any unauthorized third party;
not be distributed or used to conduct training for which the End User, or any other party, receives a fee.
The End User shall take the necessary steps to prohibit unauthorized access to the CAEN Software and its documentation by third parties.
The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties.
Disclaimer of Warranties by CAEN
To the maximum extent permitted by applicable laws and regulations, the CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
CAEN, its licensors, and its and their affiliates disclaim all warranties, conditions, and representations (express, implied, oral, and written) with respect to the CAEN Software including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CAEN knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
CAEN does not warrant that the CAEN Software will operate uninterrupted or be error free or that defects are correctable or will be corrected.
Any service obtained using the CAEN Software is done at the End User’s own discretion and risk, and the End User will be solely responsible for any damage to his/her computer system or loss of data that results from the download and/or use of any such material or service.
Without limiting the generality of the foregoing, CAEN, its licensors, and its and their affiliates make no warranty that:
the CAEN Software will operate properly;
the CAEN Software will meet the End User’s system/technical requirements;
the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
any defects in the CAEN Software can or will be corrected by CAEN.
The terms set forth herein will apply to the maximum extent permitted by applicable laws.
Limitation of Liability
To the extent not prohibited by the applicable laws, in no event shall CAEN be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the CAEN Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CAEN has been advised of the possibility of such damages.
As mentioned in article 6 above, CAEN Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind, therefore the End User acknowledges that the use of the CAEN Software shall be at its own risk and the End User waves any right to compensation for any kind of damage or loss directly or indirectly consequential to the use of the CAEN Software.
In no event shall CAEN’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of the fees paid for the CAEN Software license.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by the applicable law.
Indemnification
The End User is solely responsible for compliance with agreements the End User has executed with third parties.
The End User agrees to indemnify and hold CAEN harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of the End User’s use of the CAEN Software, the End User’s violation of any terms or conditions of the CAEN Software license and/or violation of applicable laws, or the violation of any rights of another person or entity.
CAEN Software Updates
CAEN undertakes to provide all the services and technical maintenance services, together with all the relevant additional services, if any, as indicated in the applicable CAEN and/or CAEN terms and conditions (“Terms & Conditions”).
Consent to the Use of Data
If applicable due to the software provided to the End User, the End User acknowledges and agrees that CAEN may remotely extract and collect, at any time and without any obligation to notice the End User, technical and performance data concerning the CAEN Software’s usage by the End User and its performance, and all the necessary related information.
Such technical and performance data will be collected, stored and used by CAEN and/or CAEN’s technical partners only for the purpose of monitoring and improving the performance of the CAEN Software, to prevent and/or fix technical failures and/or bugs as well as to facilitate the performance of any technical support activity.
In addition to the above, CAEN and/or its technical partners might collect personal data of the End User for the sole purposes of the management of the license and the performance of technical additional services.
The personal data collected by CAEN and/or its technical partners might consist in the following:
End User’s name and last name;
End User’s e-mail;
End User’s “MyCAEN” chosen username;
the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
the IP address of the End User’s internet connection.
CAEN and/or its technical partners shall process the personal data collected in accordance with the applicable data protection laws, as specified in CAEN’s and/or its technical partners’ privacy notices provided to the End User during the registration process and/or immediately after such process.
Audit Rights and Non-compliance
During the term of this EULA, the End User will maintain electronic and other records sufficient for CAEN to confirm that the End User has complied with the terms and conditions of this EULA.
CAEN may audit, and/or have third party to audit, the End User’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure that the End User has fully complied with this EULA.
The End User shall cooperate with CAEN’s audit team and promptly and accurately respond to database queries, location information, system reports, and other reports requested by CAEN.
If the End User is not in compliance with the CAEN Software licenses, the End User shall fully compensate CAEN for all the loss and damages caused directly and/or indirectly by the relevant non- compliance, as liquidated by the competent court of law..
Export Control
This EULA involves software, products and/or technical data that may be controlled under laws and regulations that might forbid and/or regulate the export of such software, products and/or technical data (“Export Laws“).
The End User shall comply with all Export Laws to assure that the CAEN Software is not exported, directly or indirectly, in contravention of the applicable Export Laws.
Term and Termination
The license granted to the End User is perpetual with reference to the version of the CAEN Software originally provided to the End User.
Notwithstanding with the above, the Parties acknowledge that:
the End User may terminate the CAEN Software license by discontinuing use of all or any of the CAEN Software and by destroying all copies of the applicable CAEN Software;
the license terminates automatically if the End User violates any terms of the EULA, if CAEN sends a written notice of termination to the End User and in all the other cases set forth in the Terms & Conditions.
After a termination, the End User shall immediately:
cease any use of the CAEN Software;
fully delete all CAEN Software, in particular the original files, any backup copies and any pertinent CAEN Software files installed on the End User’s devices;
delete/destroy/return any documentation related to the CAEN Software.
CAEN has the right to demand a sworn statement from the End User regarding the fulfillment of its obligations under the present paragraph.
Unilateral amendments to the EULA
CAEN has the right, at any time, when necessary, to unilaterally amend and modify the EULA without the obligation to priorly inform the End User of such changes.
Applicable Law
This CAEN Software License and the relationship between the End User and the Licensor is governed by the laws of Italy and shall be interpreted accordingly.
Any dispute arising out of or in connection with this EULA shall be referred to and finally resolved by the Court of Florence, Italy.
The United Nations Convention on the International Sale of Goods does not apply to the CAEN Software License.
Precedence
This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software. In the event of any conflict between the EULA and the Terms & Conditions of the CAEN Software, the Terms & Conditions will prevail.
