License Agreement
DELIVERY TECH CORP. – END-USER LICENSE AGREEMENT
WARNING: READ THIS AGREEMENT CAREFULLY. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT PROVIDES FOR THE LICENSE GRANT FOR THE USE OF THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND DISCLAIMERS. YOU AGREE THAT THIS AGREEMENT IS AS ENFORCEABLE AS ANY OTHER CONTRACT THAT HAS BEEN NEGOTIATED AND SIGNED. BY INSTALLING AND USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT PROCEED WITH THE INSTALLATION OF THE SOFTWARE.
1. DEFINITIONS
The term “Software” refers to: (a) the content of files, disks or discs, CD-ROMs, and other media provided with this Agreement; (b) any enhancements, modified or customized versions, updates, additions, and copies of the Software licensed to the User by eDisplay.
The term “Updates” collectively includes: improvements and fixes to the Software, modified or customized versions, and additional modules. The term “Manufacturer” refers to the company that owns the copyright or holds the rights to market the Software licensed to the User.
The term “eDisplay” refers to Delivery Tech Corp., the distributor or manufacturer of the Software distributed with this Agreement. The term “User” refers to the customer, end-user, and licensee of the Software.
2. LICENSE
2.1 Grants. This Agreement grants the User the non-exclusive right to install and use the Software on a single computer or to install and store the Software on a storage device, such as a network server, used solely for the purpose of installing the Software on computers within an internal network, and only if licenses have been purchased for each individual computer on which to install and run the Software. If installed on a network server, as a Server license, it allows sharing on several client computers up to the maximum number provided by the Server license agreement. The Software license cannot be shared or used simultaneously on different computers, except as provided in section 2.4 concerning personal/domestic use. This clause does not apply to demonstration versions of the Software and/or versions provided for unlimited free use.
2.2 Duration. This Agreement is valid for an indefinite period. In the event of non-compliance with the provisions of this Agreement, the Manufacturer reserves the right to revoke the license. In such a case, the User must destroy all copies of the Software, including those made by the User, or return them to the Manufacturer.
2.3 Backup copies. The User has the right to make a backup copy of the Software, provided that it is not installed or used on any computer. The User may not transfer the right to use backup copies unless transferring all rights to the Software as established in section 5.
2.4 Personal use. The User is granted several licenses for home use equal to the number of licenses purchased. The home use license allows the User, who already has a valid license for the Software, to install the Software on a secondary computer for personal, recreational, and non-commercial use. However, the Software cannot be used on the secondary computer at the same time it is used on the primary computer.
2.5 Free and demonstration versions. The terms and conditions of this agreement also apply to evaluation copies and those used for free, except when exceptions to this rule are expressly established.
2.6 Serial number and protection devices. Regular purchase of a use license entails the attribution of one or more serial numbers provided with the software and/or reported on the paper version of this Agreement. These codes are strictly personal and assigned to the end user. The User must preserve and protect against any unauthorized distribution of the obtained serials at the time of purchase and promptly notify the Manufacturer of a possible illicit distribution of their codes. THE SOFTWARE MAY USE TECHNOLOGIES FOR PROTECTION AGAINST THE USE OF UNLICENSED OR ILLEGAL COPIES, including the control of serial numbers. In the event of suspected unauthorized distribution, the Manufacturer may block the use of the Software associated with specific serials and, after the appropriate checks, proceed legally against the User who distributed or used them fraudulently.
2.7 Subscription business plans.
2.7.1. Subscription conditions: The subscription will be available as soon as the initial payment is processed. The subscription will automatically renew every month without notice until canceled. The User authorizes the management company of credit cards and billing to store the payment method(s) and to automatically charge them each month until cancellation. We will automatically charge the current fee for your plan, plus any applicable taxes (such as VAT, VAT, or GST, if not included in the fee), each month after renewal until canceled. Activation of a subscription plan has an initial setup cost according to the rates reported on the website www.labeljoy.com .
2.7.2 We reserve the right to change the User’s plan fee at the end of each monthly renewal, and the User will be informed of any fee change with the option to cancel the subscription. If the VAT or GST rate (or other taxes or fees included) changes during the contract month, the tax-inclusive price for the User’s plan will be adjusted accordingly on the next billing date.
2.7.3 If the User’s primary payment method fails, the User authorizes charging any other payment method on the account. If the User has not provided an alternative payment method and fails to provide payment, or if all payment methods on their account fail, we reserve the right to suspend the subscription. The User can change the payment information at any time on the designated page made available by the company that manages the payment system.
2.7.4. Cancellation conditions. You can cancel the subscription at any time through the dedicated page on the Labeljoy website or by contacting Customer Support. Payment will be refundable only if canceled within 14 days of the initial order. If the cancellation request is made after 14 days, the payment will not be refundable, and the service will remain active until the end of the current billing period for the month.
2.7.5 Renewal Conditions. The software has a monthly license that is activated with setup costs. Every time the subscription is deactivated and reactivated, the setup costs must be paid. The cost is reported in the specific section of the www.labeljoy.com website.
2.8 Right of withdrawal. The right of withdrawal can be claimed without justification within 14 days from the activation date.
3. INTELLECTUAL PROPERTY RIGHTS
The Software and all copies authorized to be made by the Manufacturer constitute the intellectual property of Delivery Tech Corp. and its suppliers. The Software is protected by current copyright laws, including the provisions of international treaties and laws of the country where it is used. The reproduction of the Software, with the exceptions indicated in point 2.3 (“Backup copies”), is prohibited. Authorized copies under this Agreement must contain the same copyright notices and property rights that appear in or on the Software. The User undertakes not to modify, adapt, or translate the Software. The User also undertakes not to decode, decompile, disassemble, or otherwise attempt to discover the source code of the Software except in cases where the current law expressly permits decompilation. This Agreement does not grant the User any intellectual property rights over the Software.
4. RESTRICTIONS
Apart from as established in section 2, it is not permitted to make or distribute copies of the Software or to transfer the Software electronically from one computer to another within a network. It is not allowed to decompile, decode, disassemble, or otherwise reduce the Software to any legible form. It is not permitted to lease, sub-lease or sublicense the Software. It is not allowed to modify the Software or create derivative versions based on the Software.
5. TRANSFER
You may permanently transfer all rights under this Agreement to another individual or legal entity only in the case of a sale or disposal and only provided that: the transfer is notified to the Manufacturer by registered letter; the User transfers to that individual or legal entity this Agreement, the Software, and all software or hardware components included or preinstalled with the Software, including all copies, updates, or previous versions and serial numbers;
the User does not retain copies of the Software, including backup copies and copies stored on a computer; the transferee agrees to the conditions and terms of this Agreement and all the terms and conditions under which the User legally purchased a license for the Software. The Manufacturer may, at its discretion, decide whether to maintain the validity of the serial numbers originally assigned to the User who makes the transfer or to disable them to assign new ones to the transferee. It is not allowed to sell or transfer Software purchased at a discounted price for a large number of orders. The User of free and demonstration versions, furthermore, may not resell, or otherwise transfer for a fee, the Software, the rights established by this Agreement, and/or the product of the processing of the Software itself.
6. UPDATES
If the copy is an update from a previous version of the Software and is provided with a use license, the user accepts, through the installation and use of the update, the termination of the current Agreement and the conditions foreseen in the new use license integrated into the update. The User also agrees no longer to use the previous version of the Software and not to assign it to another person or entity (unless such transfer complies with section 5.
7. DISCLAIMER OF LIABILITY
The Manufacturer and its suppliers shall not be liable to the User or third parties for any indirect, special, incidental, or consequential damages, including loss of profits, loss of business, or business interruption due to the use or inability to use the software or arising from this Agreement in relation to liability, including breach of contract and warranty, fault (including negligence), product liability, or otherwise, even if the Manufacturer or a representative has been advised by third parties of the possibility of such damages. The above limitations and exclusions are effective to the extent permitted by applicable law in the User’s jurisdiction. The aggregate liability of the Manufacturer and its suppliers in relation to this agreement, whether for contractual or extra-contractual damages or otherwise (with the exception of damage caused by willful misconduct or gross negligence) will not exceed the amount possibly paid for the Software.
8. LIMITED WARRANTY
The Manufacturer warrants the right to license the software to the user. It also offers a warranty against any defects in the media on which the Software is supplied (if used as intended) for a period of thirty (30) days from the date of purchase. In this case, the Manufacturer will replace the media if it proves to be defective. Such a warranty is not applicable in case the media defects were caused by accidents, improper use, or application errors. The Manufacturer also warrants that, for a period of ninety (90) days from the delivery date (as stated on the receipt) and when used with a recommended hardware configuration, the operation of the Software is substantially in accordance with the description provided in the documentation provided with the Software.
The Software is provided to the user ‘as is’ and, except for the limited warranty above, the Manufacturer and its suppliers disclaim any other express or implied warranty relating to the use or performance of the Software. Furthermore, notwithstanding the forms of warranty, condition, statement, or term that cannot be excluded or limited by the applicable law in the User’s jurisdiction, the Manufacturer and its suppliers do not recognize any warranty, condition, statement, or term including, by way of example, the warranty of non-infringement of others’ rights, merchantability, integration, satisfactory quality, or fitness for a particular purpose.
9. GENERAL PROVISIONS
If any provision of this Agreement should prove to be null or ineffective, this will not prejudice the validity of the other provisions of this Agreement, which will remain valid and applicable. This Agreement does not prejudice the rights provided by consumer protection laws. This Agreement may only be modified in writing with a document signed by an authorized representative of eDisplay. Such an agreement also regulates any possible update of the program. However, eDisplay may license to the User Updates with different or additional conditions.
10. REVOCATION OF LICENSE GRANT
The Manufacturer reserves the right to revoke the license at any time if the User fails to respect the terms and conditions on which it is based. In such cases, the User is obliged to immediately destroy the Software or return all copies, including those made by the User, to the Manufacturer.
11. INTERNET CONNECTIVITY
11.1. Automatic internet connections. The software may cause, without notice, the automatic connection of the customer’s computer to the Internet and the subsequent communication with a website or domain of Delivery Tech Corp or Labeljoy for purposes such as license validation or function or functionality updates.
11.2. Activation. The software may require the Customer to activate or reactivate the software, register the software, or validate the subscription.
11.3 Deactivation. The customer can deactivate or uninstall the software from the computer to install and activate the software on another computer in accordance with this agreement.
12. GENERAL PROVISIONS
12.1. Unless expressly provided otherwise, all communications between Labeljoy and the Customer, including those provided for or inherent in these General Conditions and/or their execution, may be carried out by email.
12.2. The ineffectiveness, nullity, or inapplicability of some of the provisions of these General Conditions shall in no case involve the ineffectiveness, nullity, or inapplicability of the entire document of General Conditions, the remaining provisions remaining fully valid and applicable. Should such a circumstance occur, the Parties agree from now on to negotiate the replacement of the invalid or inapplicable clause with a similar clause that reflects as much as possible its meaning: the same intervention will be carried out by the judge in the case of a legal dispute.
12.3. This Agreement constitutes the entire agreement between the parties concerning the subject matter thereof and supersedes and replaces any and all agreements, statements, or understandings of any kind previously entered between the parties concerning the subject matter of this Agreement. Nothing in this Agreement shall be interpreted as intended to create a partnership or joint venture of any kind between the Parties, or as an agency relationship between the parties for any purpose, and no Party shall have the authority or power to bind the other party, nor to undertake commitments or responsibilities on behalf of the other party in any way and for any purpose.
13. LAW AND JURISDICTION
13.1. Labeljoy communicates that for European customers, the General and contractual Conditions are governed by the laws of the Italian Republic. For all other customers, they will be governed by the laws of California.
13.2. Any dispute concerning or arising from these General Conditions and/or a commercial agreement and their execution shall be referred to the Milan forum for European customers, while for all others to the courts where Delivery Tech Corp. is located.
