End User License Agreement for SMSalias Software
GRANT
Subject to the provisions contained herein, Digitel Mobile Srl (“Digitel”) hereby grants you a nonexclusive
license to use its accompanying proprietary software product and associated
documentation ("Software") free of charge pursuant to the terms and conditions of this
Agreement. You are not entitled to support or telephone assistance in connection with your use of
the Software.
SOFTWARE AND DOCUMENTATION
Digitel shall furnish the Software to you electronically or on media in compiled form. This license
does not grant you any right to any enhancement or update to the Software and Documentation.
USE RESTRICTIONS
You may use, copy and distribute the Software in compiled mode, subject to the following
conditions:
Each copy of the Software made by you shall be subject to the terms of this Agreement and shall
contain all of Digitel's notices regarding copyrights, trademarks and other proprietary rights as
contained in the Software originally provided to you.
The Software may not be transferred to any third party unless such third party receives a copy of
this Agreement and agrees to be bound by all of its terms and conditions.
TITLE
Title, ownership rights, and intellectual property rights in and to the Software shall remain in
Digitel and/or its suppliers. The Software is protected by the copyright laws of the Italy and
international copyright treaties.
CONTENT
Title, ownership rights, and intellectual property rights in and to the content accessed through the
Software is the property of the applicable content owner and may be protected by applicable
copyright or other law. This License gives you no rights to such content.
DISCLAIMER OF WARRANTY
Since the Software is provided free of charge, the Software is provided on an "AS IS" basis,
without warranty of any kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. The entire risk as to the quality and
performance of the Software is borne by you. Should the Software prove defective, you, and not
Digitel assume the entire cost of any service and repair. This disclaimer of warranty constitutes an
essential part of the agreement.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL DIGITEL OR ITS SUPPLIERS RESELLERS, OR LICENSEES BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF DIGITEL SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
TERMINATION.
This Agreement shall automatically terminate upon failure by you to comply with its terms, in
which case you shall immediately discontinue the use of the Software and shall within ten (10)
days return to Digitel or destroy all copies of the Software. You may also terminate this
Agreement at any time by destroying the Software and all copies thereof.
MISCELLANEOUS.
This Agreement represents the complete and exclusive statement of the agreements concerning
this license between the parties. It may be amended only by a writing executed by both parties. If
any provision of this Agreement is held to be unenforceable for any reason, such provision shall
be reformed only to the extent necessary to make it enforceable, and such decision shall not
affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining
provisions hereof under all circumstances. Headings shall not be considered in interpreting this
Agreement.