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SP5600AN

Educational Kit - Premium Version

Features

  • Gamma Spectroscopy: from system linearity to radiation absorption, Photonuclear and Compton Scattering cross sections
  • Beta Spectroscopy: from energy spectrum to thickness measurements
  • Cosmic rays: from cosmic rays detection to cosmic vertical flux measurement
  • Photon detection: light distribution and single photon detection
  • Radiation-Matter Interaction: from scintillating materials to absorber materials comparison
  • Advanced Statistics
  • A complete LabVIEW based software suite for remote control of the system and for data analysis

Overview

CAEN realized different modular Educational Kits. The set-up are all based on Silicon Photomultipliers (SiPM) state of-the-art sensor of light with single photon sensitivity and unprecedented photon number capability. The goal is to inspire students and guide them towards the analysis and comprehension of different physics phenomena with a series of experiments based on state-of-the art technologies, instruments and methods.

What’s inside

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The SP5600 is a General purpose Power Supply and Amplification Unit, integrating up to two SiPMs in a mother & daughter architecture allowing for easy mounting and replacement of the sensors. The basic configuration features two channels with independent gain control up to 50 dB and provides the bias voltage (up to 100 V) to the sensors with gain stabilization. Each channel can provide a digital output generated by the fast leading edge discriminators. A timing coincidence of the two channels is also available.
DT5720A photo
The DT5720A is a CAEN Desktop Waveform digitizer housing 2 channels 12 bit 250 MS/s ADC with a dedicated charge integrating firmware for real time pulse processing.
A315 photo
The Mod. A315 splits one input on two output signals. All the connectors are LEMO female type. The splitter is adapted for 50 Ohm lines. The device is completely passive (no power supply is required); the amplitude on each output is one half of that on the input.
SP5608 photo
The SP5601 is an ultra-fast LED Driver with pulse width at ns level, tunable intensity and frequency, that provides a low-cost tool for the detector characterization. The LED pulse generation can be triggered by an internal oscillator or by an external pulser.
SP5608 photo
The SP5650C is a sensor holder provided in the Educational Photon kit. The holder hosts a 1.3×1.3 mm2 Silicon Photo- Multipliers; moreover, a probe inside the holders senses temperature variations, thus allowing the user to compensate for possible gain instability. The SP5650C is made of a mechanical structure providing a FC fiber connector and a PCB where the SiPM is soldered.
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The SP5608 is a support with a embedded plastic scintillating tile, directly coupled to a SiPM . The tile, with a sensitive volume of 47 x 47 x 10 mm3, is the ideal tool for tests with beta emitting isotopes and cosmic rays. The support structure allows to use the SP5608 stand-alone or to use two tile modules to build a cosmic telescope.
SP5606 photo
SP5606 is mini-spectrometer for gamma ray detection. The spectrometer is composed of a mechanical structure that houses a scintillating crystal, coupled to a dedicated SiPM. Three different crystals are available: CsI, LYSO and BGO. The spectrometer is equipped with a bottom support to allows an easy connection to the SP5600 via the splitter A315, to avoid saturation effects.
SP5607 photo
The Gamma absorption tool allows to perform gamma attenuation measurements. It is a modular tool and its design allows an easy connection to the SP5606 bottom support.

HERA – Software Suite for CAEN Educational Kit

HERA (Handy Educational Radiation Application) is a modern and flexible platform for teaching the fundamentals of Statistics, Particles Detection, and Nuclear Imaging thanks to the simple graphical interfaces and the embedded documentation.

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Technical Specifications

SP5600 General Purpose Power Supply and Amplification Unit
Packaging:
– 154 x 71 x 43 mm3
– 2 SIPM Heads
Power Supply:
– Vbias: 0 ÷ 120 V
– Max Current: 100 µA
– Temp. Feedback Res.: 0.1 °C
Wideband amplifier:
– Gain: 0 ÷ 50 dB (step: 1 dB)
– Bandwidth (-3dB): 100 kHz ÷ 500 MHz
– Output dynamic range: ±2V
– Discriminator threshold: ±800mV (step: 25µV)
DT5720A Desktop Digitizer
Packaging:
– 1154x50x164 mm3 (WxHxD)
Analog Input:
– 2 channels (MCX 50 Ohm)
– Single-ended
– Input range: 2 Vpp
– Bandwidth: 125 MHz
– DAC Offset: ± FSR/2
Digital conversion:
– Resolution: 12 bit
– Sampling rate: 250 MS/s
Interfaces:
– USB
– Optical Link
Digital Pulse Processing
– Digital Pulse Processing for charge Integration
A315 Splitter
  • Connectors: LEMO
  • Adapted for 50 Ohm lines
  • Completely passive
SP5606 Mini Spectrometer
  • Directly coupled to a SiPM 6 x 6 mm2
  • Crystals (3x3x15 mm^3): LYSO, BGO, CsI
  • Temperature feedback sensor embedded
SP5607 Absorption tool
Spacers:
– 4 mm thick (nr.1)
– 10 mm thick (nr. 5)
Aluminium Absorbers:
– 4 mm thick (nr.1)
– 10 mm thick (nr. 5)
IPMMA Absorbers:
– 4 mm thick (nr.1)
– 10 mm thick (nr. 5)
SP5601 LED Driver
Packaging:
– 79 x 42 x 102 mm3 (WxHxD)
LED specification:
– Wavelength: 405 nm (Violet)
– Pulse Width: 8 ns (Typ.)
Operating Modes:
– Tunable intensity and repetition rate
– Output frequency: From 500 Hz to 5 MHz
– Triggered via internal pulse generator, or via external source
Terminated optical fiber included
SP5650C

Embedded SiPM: Hamamatsu MPPC S13360-1350CS 1.3×1.3 mm2 Active Area, Temperature feedback sensor embedded

SP5608 Scintillating Tile
  • Scintillating Material: Polystyrene
  • Sensitive Volume: 47x47x10 mm3
  • Directly coupled to a SiPM 6 x 6 mm2
  • 20 Paper and Aluminium sheets are included
  • Temperature feedback sensor embedded

SP5600AN

Educational Kit - Premium Version
Product page
SP5600AN
  • Documentation
  • Software
  • Firmware

Trial

Name File extension File size Revision Date
DPP-CI FW for SiPM Kit RBF 285.48 kB 3.8_130.2 May 5th, 2017

Readme:  


Trial

Release Notes: Release_Notes.txt

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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.

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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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

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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.

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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.

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  1. 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”).

  1. 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.

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  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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.

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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..

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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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

Data Sheet

Name File extension File size Revision Last update
SP5600 Power Supply and Amplification Unit PDF 5.88 MB 2 January 10th, 2018

Readme:  

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SP5650 Sensor Holder for SP5600 Unit PDF 5.44 MB 1 March 28th, 2024

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SP5600AN - Parts List PDF 168.61 kB 0 May 12th, 2021

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

Manuals

Name File extension File size Revision Last update
DT5720 4 Channel 12bit - 250MS/s Digitizer PDF 8.51 MB 10 May 26th, 2017

Readme:  

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SP5601 - LED Driver PDF 1.36 MB 4 November 7th, 2023

Readme:  

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

Safety Information and Product Support Service (ENG/ITA) PDF 1.85 MB - March 13th, 2024

Changelog:  

Note:  
Requirements:  

License  
Download

Release Notes: 
Release_Notes.txt

Build:  

Driver

Name File extension File size Revision Last update OS OS Version
USB Driver DT57xx-N67xx-DT55xx Win32 ZIP 32.51 kB 3.4.9 July 1st, 2016 Windows x86 10
x86 7
x86 8
x86 8.1

Note: [View]

IMPORTANT!
DT57xx-N67xx-DT55xx Win32 USB Driver rel. 3.4.7 or above:
- requires installation of Windows CAENVMELib library rel. 2.4 or above
- does not work with: CAEN WaveDump rel . < 3.5.0; CAENUpgrader rel. < 1.3.0: DPP-PHA Control Software rel. < 1.1.0; DPP-PSD Control Software rel. < 1.1.0

Requirements: [View]

Name Extension Size
CAENVMELib & Demo LibraryZIP35.99 MB

Readme:  


Free

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software and Firmware License – Free Version

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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.

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. Precedence

This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software.

USB Driver DT57xx-N67xx-DT55xx Win7_8 64-bit ZIP 35.68 kB 3.4.9 July 1st, 2016 Windows x64 7
x64 8

Readme:  


Free

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software and Firmware License – Free Version

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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.

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. Precedence

This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software.

USB Driver DT57xx-N67xx-DT55xx-V1718-V3718-A4818 Win10 64-bit ZIP 43.80 kB 1.2.3.20 April 15th, 2021 Windows x64 10

Readme:  


Free

Build: 20201009
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software and Firmware License – Free Version

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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.

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. Precedence

This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software.

USB Driver DT57xx-N67xx-DT55xx Win8.1 64-bit ZIP 34.34 kB 3.4.9 July 1st, 2016 Windows x64 8.1

Readme:  


Free

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software and Firmware License – Free Version

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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.

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. Precedence

This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software.

SP5600 USB driver ZIP 6.62 kB 2.0.0 July 6th, 2016 Windows 10
7
8

Readme:  


Free

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software and Firmware License – Free Version

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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.

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. Precedence

This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software.

Application SW

Name File extension File size Revision Last update OS OS Version
HERA - Handy Educational Radiation Application ZIP 395.02 MB 1.2.2 January 10th, 2024 Windows 10

Readme:  


Free

Release Notes: Release_Notes.txt

Build: 11.20.17.12.23.1412
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software and Firmware License – Free Version

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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.

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. Precedence

This EULA constitutes the entire understanding between the parties regarding the use of the CAEN Software.

Guides

Name File extension File size Revision Last update
SP5600AN - Educational Kit Premium Version QuickStart Guide PDF 9.97 MB 1 December 5th, 2022

Readme:  

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SP5609 Assembling Instructions PDF 2.61 MB 1 October 15th, 2020

Readme:  

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

DPP-CI for SiPM User Guide PDF 1.04 MB 0 March 11th, 2010

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

GD7947 - HERA Software Quick Start Guide PDF 2.78 MB 0 March 1st, 2021

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

Experiment Guides

Name File extension File size Revision Last update
SG6011 - SiPM Characterization PDF 1.04 MB 0 June 6th, 2017

Readme:  

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6012 - Dependence of the SiPM Properties on the Bias Voltage PDF 1.05 MB 0 June 6th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6013 - Temperature Effects on SiPM Properties PDF 1.18 MB 0 June 6th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6112 - Poisson and Gaussian Distribution PDF 1.31 MB 0 June 6th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6113 - Energy Resolution PDF 1.45 MB 0 June 6th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6114 - System Calibration: Linearity and Resolution PDF 1.30 MB 0 June 6th, 2017

Readme:  

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6116 - Gamma-Radiation Absorption PDF 1.15 MB 0 June 6th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6121 - Response of a Plastic Scintillating Tile PDF 921.97 kB 0 June 6th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6122 - Beta Spectroscopy PDF 849.98 kB 0 June 6th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6123 - Beta Radiation: Transmission through Matter PDF 887.86 kB 0 June 7th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6124 - Beta Radiation as a Method to Measure Paper Sheet Grammage and Thin Layer Thickness PDF 818.33 kB 0 June 7th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6221 - Quantum Nature of Light PDF 1,022.21 kB 0 June 7th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6222 - Hands-on Photon Counting Statistics PDF 1.54 MB 0 June 7th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

SG6117 - Photonuclear cross-section / Compton Scattering cross-section PDF 1.43 MB 0 June 7th, 2017

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

Scientific Articles

Name File extension File size Revision Last update
AR7370 - CAEN Educational: Nuclear and Particle Physics Experiments PDF 288.22 kB 1 January 17th, 2019

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

Educational Notes

Name File extension File size Revision Last update
ED3127 - An Educational Kit Based on a Modular Silicon Photomultiplier System PDF 1.83 MB 1 June 30th, 2014

Readme:  

Build:
License  

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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

ED3163 - Background removal procedure based on the SNIP algorithm for Gamma ray spectroscopy with the CAEN Educational Kit PDF 1.81 MB 0 October 4th, 2013

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

ED3235 - A simple and robust method to study after-pulses in Silicon Photomultipliers PDF 864.96 kB 0 June 26th, 2014

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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.

TAKE AN ACTIVE PART AND HELP US TO IMPROVE OUR PRODUCTS!
SEND YOUR FEEDBACK OR REPORT A BUG BY FILLING IN THE ONLINE FORM AT:
https://www.caen.it/support-services/support-form

EULA – Software License

End User License Agreement for the CAEN Software and Firmware (the “EULA”)

  1. 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.

  1. 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.

  1. 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.

  1. License Conditions

With regards to the CAEN Software and/or to any of its parts, the End User undertakes not to:

  1. misrepresent the origin of the CAEN Software and/or alter the CAEN Software, user license or installer in any way;
  2. use it commercially and/or for any promotional purposes;
  3. use it on more than one device at a time;
  4. 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;
  5. 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);
  6. 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;
  7. remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
  8. use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
  9. use the CAEN Software in any unlawful manner and/or export, or re-export it in violation of any applicable law or regulations;
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. incorporate any portion of the Software into its own programs or compile any portion of the Software in combination with its own programs;
  15. claim any sponsorship by, endorsement by, or affiliation with CAEN;
  16. 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;
  17. 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;
  18. 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;
  19. transfer the CAEN Software to third parties or provide access to the CAEN Software in any other form;
  20. remove copyright endorsements, serial numbers or other features which serve to identify the program, unless CAEN has provided prior written authorization.
  21. 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:

  1. only be used to support the End User’s use of the CAEN Software;
  2. not be republished or redistributed to any unauthorized third party;
  3. 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.

  1. 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:

  1. the CAEN Software will operate properly;
  2. the CAEN Software will meet the End User’s system/technical requirements;
  3. the operation of the CAEN Software will be uninterrupted, bug free, or error free in any or all circumstances;
  4. 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.

  1. 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.

  1. 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.

  1. 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”).

  1. 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:

  1. End User’s name and last name;
  2. End User’s e-mail;
  3. End User’s “MyCAEN” chosen username;
  4. the identifier number of the device from which the End User is accessing and downloading the CAEN Software (the “Machine ID”);
  5. 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.

  1. 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..

  1. 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.

  1. 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:

  1. cease any use of the CAEN Software;
  2. 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;
  3. 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.

  1. 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.

  1. 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.

  1. 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.

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