PriMus 100f

EULA - End User License Agreement

1 User License Conditions for the ACCA Free UPP Softwares
1.1 Software Terms and Conditions of Use

ACCA software S.p.A., from here on referred to as ACCA, grants to the
Customer, who accepts, the specific USER LICENSE, non-exclusive of
the software and reserves, including its successors, the exclusive
property of the same and of all its rights, being able to always
dispose of it as they believe best and with anyone. The above license
is granted provided that the Client complies with the terms of this
License. ACCA reserves the right to modify the following Free UPP
terms of use license agreement and the product without prior notice
and at any time. The license agreement does not include the right to
get the software in source code form, or to have the relevant logic
and/or project documentation. Updates will be incorporated in new
versions.
Free UPP (Free Use Pay Print) is a software distribution system that
allows you to download the full version of the software for free. The
use of the software on one or more computers, upgrades, technical
support through forums and learning through Video Tutorials are all
free of charge. The Client only pays if a produced document is
printed or exported with the software, by means of a payment and
billing system that uses a secure internet connection.
Payment is made through a Personal Free UPP credit account, that each Client
can open and ReFill using their credit card directly online (via
secure connections) and directly from within the program. Credit is
drawn from such account to pay for document prints and exports.
Should the Free UPP Service be suspended, the Client can use the
available credit on his account for the six months following
suspension. After the period of six months has expired, the available
credit on the Client's personal account will no longer be recoverable
or refundable. If the Free UPP Service were to be terminated without
the possibility to recover your remaining credit within the following
six months from suspension, the Client will be refunded with the
amount remaining on the account at the moment of suspension. In any
case, no other compensation other than the remaining account credit
will be offered. No compensation for loss of profit or damage of any
kind resulting from the suspension of the Free UPP Service.
If the personal Free UPP account credit is not used for a period of 365
days, ACCA will make the credit inactive. In this case, the Client
will lose his remaining credit.
It is absolutely forbidden for anyone to try to by-pass or tamper with
the online payment technology covering the Free UPP print and export
system by means of any kind of behaviour, and in particular, using
other kinds of software. All other systems that allow you to print
ACCA software proprietary file formats, are to be considered not
compatible with this License Agreement. Therefore, the use of
software or behaviour aimed at avoiding the payment of exported files
or printed documents produced with Free UPP software, emerges as an
offense that will be pursued by Law.
The license to use the Free UPP software is granted on a temporary basis
until the Free UPP distribution system exists. If and when the Free
UPP distribution system will no longer be available, the user license
will also be invalidated and, in this case, the Client must uninstall
the software from his PC and proceed to install another version of
the software with the relating User License terms and conditions of
use.
This License Agreement applies only to the most recent up to date version
of the program currently in distribution. The Client is then required
to upgrade the software to the latest version always in distribution.
All versions prior to the last distributed version can no longer be
used and are to be considered as used illegally as their user license
agreement is no longer valid. The use of software versions prior to
the latest deployed version is therefore considered to be illegal.
The Client will be promptly informed of the availability of new
versions of the software, but it is still at his expenses for
retrieving the necessary informationon the availability of new
versions of the software and to download it.
The use of the Program is allowed on all machines owned by the Client.
In the case of Multiuser installations the software can be used on
all workstations on which the software is installed.
If the software includes various applications, utilities and components
(software packages), the Client is not forced to use all the
components that are part of the Software, but you may not unbundle or
dismantle the various components. You cannot separate the components
of the Software package or recreate another software package for the
purpose of distribution, transfer or resale.
It is absolutely forbidden for the client to:

run the program in debugger mode;
attempt to reverse engineer, decompile, disassemble or otherwise try to
discover the source code of the Software without the prior express
permission of ACCA cancelling this specific limitation;
modify, adapt or translate the software;
copy and/or modify any documentation (manuals, videos, brochures,
presentations, etc..) of this program without having obtained
permission granted by ACCA software.

1.2 Intellectual Property Rights

The software and all the tools to support the use of the software
(manual, video-tutorial, online help, etc.), also constitutes
intellectual property and is owned by ACCA. The structure,
organization and code of the Software are valuable trade secrets and
confidential information owned entirely by ACCA.
The software is protected by law and by national and international
standards that regulate copyrights and contracts, as well as
regulations and agreements on intellectual property.
Except as expressly provided under this License, ACCA does not grant the
Customer any intellectual property rights of the Software and/or
Services attached to it. All rights not expressly granted are
reserved by ACCA.
1.3 Exclusion of Liability

Malfunctions of the program, after installation, involve the Client in all the
necessary maintenance services, repairs, corrections and any other
incidental or consequential damage.
ACCA does not guarantee that the procedures incorporated in this program
meet the needs of the Client and that these will work under any given
combination, and makes no other warranty, express or implied,
regarding the Video Tutorials, Technical support, Forums and the
software itself; any risks resulting from the use of the software are
fully charged to the Client and therefore in no event be can ACCA be
held responsible or liable for damages whether direct, indirect, or
consequential to defects in the software and/or services. The Client
bears the burden and responsibility for the selection, installation,
use, and management of the program in order to achieve the desired
purpose.
Due to the large variety of potential applications for the Program, not
all possible conditions have been throughly tested. ACCA will not be
held liable in any way for the results obtained through the use of
the software. Those that use the software are responsible for the
supervision, management and control of the program.
Exclusion of liability for consequential damages: ACCA in no event is liable
for any damages (including, without limitation, damages for loss of
business profits, business interruption, loss of information or other
pecuniary loss and/or company image) resulting from use of the
Program, even if ACCA has been advised of the possibility of such
damages. In any case, the responsibility of ACCA, under this
contract, will be limited to an amount corresponding to the price of
the Print Service paid by the Client.
ACCA does not assume any liability for the content and/or the accuracy of
data, calculations and/or connected to the Program Archives, their
compliance with current legislation and the resulting documents that
can be obtained from their use. The Free UPP distribution system,
with which the Client can use software and services free of charge
and pay only if the produced documents are printed and/or exported,
guarantees the Client to obtain the final product of his work
completely free of charge. Free UPP, therefore, allows the Client to
carry out all due professional controls on the final result, and only
where this is deemed appropriate for production, is asked to
purchase. This system gives full responsability to the client for the
final result of his work and his capabilities to achieve the desired
result from the software.. The Client, therefore, is required to
evaluate and verify the data, the calculations and/or the archives in
their entirety, including their compliance with current legislation,
being himself the only one responsible for the accuracy of the
documents and the results obtained from their use.
The Program Archives, unless otherwise expressly stated, are and remain
the property of ACCA and can only be used with the Program. Archives,
or any part thereof, shall not, in any way, be reproduced and/or used
in other procedures.
1.4 Communication with ACCA's Data Server
The program will automatically connect to ACCA's servers providing
information regarding the software (for example: updates, training
courses, videos explaing program features and functions, etc..),
enabling Client identification and possibly receive feedback on the
use of the software in order to improve knowledge and performance.
With the acceptance of this User License, the user accepts the
automatic exchange of data between the software and ACCA's servers
allowing development of a continuously improved experience while
using the program and a continuous product and services related
improvement policy.
Some of the services related to the use of the software can only be
accessed via Web (for example: interactive Video tutorials, technical
support, forums, etc..). These services may be subject to suspension
for reasons that go beyond the control of ACCA since they are hosted
on servers that may be undergoing continuous maintenance works. ACCA,
therefore, can never be held responsible for the loss of use of these
services or any damages that this may cause to the Client.
1.5 Transferring Licenses

The Client may NOT lease, rent, sub-license, sell, assign or transfer
any rights of the Software.
1.6 Warranty

ACCA does not guarantee correct execution of the software in the case of
future developments of other dependent software and/or hardware
(computers, parallel ports, USB ports, printers, operating systems,
application software, etc..) As well as its compliance with future
legal provisions relating to the technical issues dealt by the
program itself. In this case, and if available, the Client will have
to download the updated version of the program.
ACCA ensures that products supplied comply with the technical
specifications indicated on the website www.accasoftware.com. Any
warranty does not include compliance with the requirements of the
Client.
1.7 User Credentials Identification and Customer Data

Service Access (technical support, Forums, etc.), printing or other specific
uses of the software require the identification of the Client (ID
ACCA). User account registration is required before ACCA can issue
identification credentials. The Client agrees that ACCA, or any other
entity authorized by ACCA, can act on the distribution and services
related to the product and may use the information and data provided.
The Customer agrees to provide to ACCA, in an authorized distributor
or any other third party acting on behalf of ACCA registration
information correct and current, even at the request of ACCA, and
Customer further agrees to maintain and update their registration
information through the registration processes of data may be
available by ACCA. By installing the software, the Client agrees that
ACCA uses personal information provided at registration or
subsequently updated to handle the relations of ACCA with the Client,
with particular reference to the payment of prints or exports typical
of the Free UPP service, and use such personal information in
accordance with the privacy rules available on the website of ACCA at
the time of registration.
1.8 EDUCATIONAL Free UPP Licenses (not available for business purposes)

In the event that you access the pay for print service under the
EDUCATIONAL terms of use license, you will be subject to the further
conditions expressed below.
Printing under the terms and conditions of an EDUCATIONAL license is
addressed exclusively to:
a) Students enrolled in schools, both state and non-state, entitled to
issue high school diplomas, provided that they be legally recognized;
b) Students at Universities or Institutes of University Education,
whether state and non-state, provided they be legally recognized;
c) Schools of all levels, Training Institutes, Institutes of University
Education, provided they be legally recognized.
Printing under the terms and conditions of an EDUCATIONAL license is intended
solely for educational purposes, educational and learning associated
with the fields of study described above (ex. for the preparation of
papers for a university exam, for activities in a school computer
lab, etc..).
You may not, therefore, use of the printing functionalities when using
an EDUCATIONAL License in a work environment or for commercial and/or
professional purposes (eg, within technical offices of professionals,
companies, agencies, etc.).
Printing under the terms and conditions of an EDUCATIONAL license for
professional purposes is considered as using a Non-Licensed program:
this behaviour configures as a Software Piracy crime and is therefore
punishable as required by law and by national and international
standards that regulate copyright rights, as well as regulations and
agreements on intellectual property.
In the case of students under sub a) and b), the printing condition,
under the Terms and Use for the EDUCATIONAL License, can be used only
for the period of studies. Printing under the terms and conditions of
an EDUCATIONAL license is reserved to the applicant who may not
assign or transfer printing to third parties either for a given fee
or free of charge.
1.9 Free UPP Licenses for web based data and services

You may also be able to access services installed on ACCA servers
directly from the Installed Program. These services provide
additional features (accessible only via the Internet) to the
software to specialize use for specific needs.
You can also access web services that ACCA makes available through its
servers directly from the installed program and specifically from the
program's HOME menu or other functions included in other program
menus (eg. Video Tutorials, Forums, etc.).
Services and data that use an Internet connection can be supplied either for
free or for a given fee and are subject to change over time. The Home
menu and the program will automatically update with the connection to
the ACCA server so as to present the services currently available
with all necessary service and/or graphical updates.
2.0 Web Features

The web service installed on the ACCA server in combination with data
from the network or even the simple ACCA connection to the server via
a browser, can provide the Client with a series of functions. Here
below, as an example, are just a few:
1) Technical Support Services, Training, Updates, Databases, News,
Information, Video Tutorials, Forums etc..;
2) Consultation of Price lists, and Price Lists archived on ACCA
software servers and use of such data contained therein;
3) Creation, management and saving documents on ACCA servers (cloud) in
a "workspace" made available on dedicated servers free of charge
(with limited space) or paid for (limited space available on
request);
4) Sharing of documents with other operators by publishing specific
content in a personal "workspace" and communication of an access
password to other known users or operators. The operators that
receive a collaboration request and relating password can access such
documents through the Web;
5) Request for proposal, activated by users on their own documents and
published on their personal "workspace". The functionality provides
communications of the tender to all participants that the Client will
want to invite. The system also allows you to monitor online Price
Proposals;
6) Other services, both for free or paid consultation, that you can
download and update directly through an Internet connection. These
services may change over time without notice, whether they regard
free or paid services.
The technological structure of web services and data are hosted on ACCA
servers. The Client receives from ACCA the license agreement of this
technological structure only for a limited time and according to the
specifications and requirements listed below explicitly.
2.1 Services and data availability

The use of the web services and the data related to them (requests for
collaborations, requests for tenders, monitoring of tenders,
consulting Price Books and Price Lists, Video Tutorials, Forums
etc.), is considered granted to a limited time and the manner of
distribution is notified from time to time through commercial
communication channels.
The license of the program, therefore, does not allow you to have
unlimited time availability of web services and data stored on ACCA's
servers, even if they are technologically integrated within the
Program.
The time limit applies to both services and data offered free of charge,
for those that may apply.
In the event of termination of a paid service (space available on the
server, etc..), the Client is entitled to use the service for the
entire period for which he has already paid. If the termination
doesn't allow for the full use of the service for the paid period,
the Client is entitled to a compensation that covers the unused
period of service, but is not entitled to any compensation for
interruption of the service.
Web and Data services to which the program client can access, are never
owned by the client who acquired the Time Limited User License.
ACCA may decide to suspend free access to data and web services and at
any time and for any reason which are not amenable by the Client.
Web services and data are not available to the Client as they are
physically stored on a machine (server) which is not owned by the
user and to which ACCA software S.p.A. allows access only to a
limited extent in terms of space and time.
Even data that the Client decides to create and manage through web
services made available on ACCA servers can occupy only a limited
amount of storage space; such data may not always be available in the
event of Service malfunction or access may no longer be available in
case of unilateral termination of such service being that all data is
stored on a different machine (ACCA servers) other than that of the
user and in the event of termination of the service such data can no
longer be managed nor restored.
2.2 Requirements for use of data and web services

The use of web services and the relating data available via the Internet
and integrated into the program is subject to acceptance by the
Client of the conditions referred to in this document.
2.3 Web and data services access

The operators acknowledge and accept that the Data and Web web services
are supplied through a connection to the Internet. Operators
undertake to procure the necessary technology (hardware and software)
for access.
2.4 Methods of use of web and data services

The Client agrees not to use software and services for illegal purposes
or for the transmission or exchange of any unlawful, harassing,
libelous or defamatory, invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene, or that infringes or may
violate intellectual property rights or other industrial services
even if of third parties; which causes harassment, disturbance,
violence, child abuse, exploitation or harm, in any way, etc. or to
spread computer viruses, chain letters, or for the distribution
unsolicited bulk e-mail (spam).
The Client's right to the use of software and service is personal and
not transferable. The Client is committed to keeping his/her user-ID
and password secret and stored in a private place, being required for
the use of software and services, which are also personal and not
transferable. The Client also assumes full responsibility for any
abusive and/or violation of these Terms by third parties that operate
with the clients' User-ID and password. The Client shall immediately
notify ACCA, at: info@accasoftware.com of any unauthorized use of
your user-ID and/or password or any other breach of security of which
you become aware of.
The Client is prohibited from reselling their right to use the software,
data and services, or to make any other commercial use, without
written permission from ACCA.
2.5 Confidentiality

ACCA does not access any information supplied by the users/operators when
using the software and/or data and web services nor the relating data
generated and managed if not for purely technical reasons and for the
proper functioning of these above products and services.
ACCA also undertakes not to disseminate news and information of any kind
related to the activities carried out or being carried out by the
Operators and their employees.
2.6 Property Rights

The client agrees and acknowledges that all technological achievements
at the base of software and services are the property of ACCA.
2.7 Expressed Termination clause

ACCA may decide to terminate free access to web and data services at any
time and for reasons which are not amenable by the Client.
2.8 Limitations of Liability

ACCA does not accept any liability for any direct or indirect damages,
which may be generated by the use of damaged data due to malfunctions
or suspensions of web or data services managed and accessible via the
Internet from the ACCA server.
Web services and data accessible via the Internet may be subject to any
kind of failure and thus generate corrupted data, mismanagement or
loss of data.
ACCA can not be held responsible for any direct or indirect damages
including loss of data or failure to achieve commercial benefits and
opportunities resulting from the delay, malfunction or non-use of
software, data and services, and directly attributable to the
malfunction of ACCA servers or Force Majeure, such as technical
failures and energy blackouts, telephone and computer connection
faults, strikes, acts of vandalism and terrorism, natural disasters,
etc.
2.9 Validity and Changes to Terms

The conditions described in this document will be effective as from
their acceptance by the Client and will remain valid for the entire
duration of delivery of software and services supplied by ACCA. With
the availability of new versions of the software or services, the
Client will have to accept the new conditions of the relating User
License to Use the software and services which are made available.
Previous versions of software and services will no longer be used
because the license agreement that accompanied them will no longer be
valid. The use of previous versions in the last distribution of
software and services is basically illegal.
The Client expressly authorizes ACCA to send any new license conditions,
if accepted, that form the License Agreementt as new binding contract
terms.
10.2 Acceptance of the License Terms of Use

Completing the software installation procedure will be considered a sign of
acceptance of the License Agreement and all conditions expressed in
it.
The Italian version of this agreement is legally binding and prevails in
case of any inconsistency between the Italian version and its
translation.
2.11 Privacy

All data is processed in accordance with the requirements of the Privacy
Code D.Lgs.196/03 issued by the Guarantor for the protection of
personal data (Italian Data Protection Authority).
12.2 Disputes

The Italian Version
(http://www.accasoftware.com/assets/upload/Licenze/EF-LicenzaFreeUPP_INT_E1_R0.pdf)
of this agreement is legally binding and prevails in case of any
inconsistency between the Italian version and its translation.
The place of jurisdiction for all disputes that may arise between ACCA
and the customer shall be governed and construed in accordance with
Italian law, and refer to the jurisdiction in which the registered
office of ACCA software S.p.A. falls.

ACCA software S.p.A.

ACCA software S.p.A.
via M. Cianciulli - 83048 MONTELLA (AV) - Italy
E-Mail: info@accasoftware.com - Internet: www.accasoftware.com
Copyright 1989/2014 - All rights reserved
ACCA PriMus, Cantus, CEG, TERMUS, Object DRAW, DocMus, Certus, Ufficius,
edilus and Edificius are registered trademarks.
Other rights:
Windows is a trademark of Microsoft.
Acrobat ® Reader Copyright © 1987-2001 Adobe Systems Incorporated. - All
rights reserved - Adobe and Acrobat are trademarks of Adobe Systems
Incorporated.
All trademarks and products mentioned herein belong to their respective
owners.

E.1 R.0 INT - 26/08/2013