BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE AND DOCUMENTATION ("SOFTWARE"), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.

This EULA is a legal agreement between You and Flavio Bassi, including its subsidiaries, affiliates and contractors acting on Our behalf (collectively "Flavio Bassi", "Us", "We", or "Our") regarding Your use of the Flavio Bassi, or one of its subsidiary's Software. Unless You have another written agreement with Flavio Bassi regarding this Software, then Your use of this Software is governed by this EULA. From time to time, We may in Our sole discretion update or modify the EULA. The most recent version of the EULA is located at: http://www.flaviobassi.com/legals/software-eula

IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE. YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER, AND/OR (B) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A COMMERCIAL BUSINESS ("BUSINESS USER"). THIS SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS ("HOUSEHOLD"). EXCEPT FOR THE FLAVIO BASSI PRODUCTS LISTED BELOW, YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE COMPUTING DEVICE. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING DEVICE UNLESS THE ORIGINAL COMPUTING DEVICE FAILS, YOU CONTACT CUSTOMER SERVICE AND REQUEST APPROVAL TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE, AND YOU CERTIFY TO FLAVIO BASSI THAT YOU DEINSTALLED THE SOFTWARE FROM THE FAILED COMPUTING DEVICE. PRIVATE AND BUSINESS USERS OF AEROFACE AND AEROMOUSE THAT HAVE MULTIPLE COMPUTING DEVICES (E.G., STAND-ALONE COMPUTER, LAP-TOP AND MINI/PORTABLE PC), MAY TRANSFER ANY OF THESE SOFTWARE PRODUCTS FROM A FIRST SYSTEM ON ONE OF THE OTHER SYSTEMS, DISINSTALLING THE SOFTWARE IN THE FIRST SYSTEM AND INSTALLING IT IN A SECOND SYSTEM, HOWEVER IT CAN ONLY BE USED BY YOU ON ONE (1) SYSTEM AT A TIME. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE LICENSES.

The Software is licensed to You, not sold to You. You must lawfully acquire the Software from Us, or Our authorized resellers otherwise You don't have a right to use the Software. You may only purchase and/or download the Software from Flavio Bassi's or its authorized reseller's store, eStore, or website. You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection. A separate license agreement must be entered into with Flavio Bassi to obtain the right to use the Software for a Virtualization Environment (a hardware partition, blade, or terminal server, or in any other virtualization environment, collectively called as "Virtualization Environment"), network connections or volume purchases. You agree that if the Software requires mandatory activation, You will complete the activation process providing Flavio Bassi with accurate information. Your use of the Software is suspended until You complete the activation and/or registration process. The Software may include digital images, stock photographs, clip art, fonts, sounds or other artistic works ("Stock Files"). The responsibilities and restrictions relating to the Software apply to the Stock Files. Flavio Bassi reserves all rights not expressly granted to You in this EULA. BUSINESS USERS: If You are a business, You agree to maintain systems and/or procedures that accurately record of the number of copies of the Software that have been installed on Your Computers and will keep the records for two (2) years from the date Your license to use the Software ends. Flavio Bassi may conduct an audit (remotely or at Your facility) of records and systems from Your business, to verify that Your installation of the Software conforms with a valid license from Flavio Bassi. Flavio Bassi will not conduct more than one (1) audit per year. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license for the Software.

With regard to Your Use of the Software under this EULA, You have certain responsibilities. The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, re-sell, or loan the Software. If You purchase the Software as a gift to a third person, the third person must accept the terms of this EULA before using the Software. You may not reverse engineer, decompile or disassemble the Software. While We own Our Software, You own and are responsible for the content ("Content") that You create or have created for You resulting from the use of Our Software (including any add-ons or plug-ins to Our Software that You create or have created for You). You agree that, in connection with Your use of the Software, You are responsible for the direct and/or indirect consequences of any of the (a) Content You create and (b) third party photos or images that You use or modify in creating Your Content, especially in situations where You share Your Content with family, friends, clients and/or third parties such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). Flavio Bassi can neither monitor nor control what third party social networking sites or the members or users of such sites do with Your content You share. You are responsible for independently verifying the accuracy and completeness of Your content (any material You create and/or modify using Our Software). You may not modify or create derivative works based upon the Software. You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the Software including data protection and privacy laws. You agree that You will not use the Software in a way that is unlawful or that violates the rights of a third party. If We get sued or a claim is brought against Us by a third party due to (a) Your actions, (b) Your failure to act when required, or (c) Your content, then You agree to defend, indemnify and hold Flavio Bassi harmless. You may receive updates, bug fixes, feature enhancements or improvements, or other data relating to the Software (collectively "Updates") downloaded to Your computer with a notice which may describes what is included in the Update and the purpose of the Update. You will have to choose either to install the Update on Your computer device or opt out and not install the Update. If You do not install the Updates the Software may not perform properly.

The Software is protected by Italian Intellectual Property laws and international treaty provisions. Therefore, You may not distribute the Software without Our permission. If You purchase or download the Software in China, India, Indonesia or Vietnam, You may not copy the Software or printed materials accompanying the Software for any purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA, You may only make one (1) copy of the Software or You may keep one (1) copy the Software on a single hard drive for backup or archival purposes. For backup or archival purposes only, You may either make only one (1) copy of the Software and the Printed Materials or print one copy of any user documentation if You downloaded the Software or You may keep one (1) copy the Software and printed materials (or User Documentation) on a single hard drive. Otherwise, You may not copy the Software or the printed materials accompanying the Software (or print copies of any user documentation if You downloaded the Software). You agree that Flavio Bassi, the Flavio Bassi logos, and other Flavio Bassi trademarks, service marks, graphics are trademarks of Flavio Bassi or are trademarks of Flavio Bassi's partners ("Marks"). You are not granted a right to use Marks without the owner's permission. You will not remove, obscure or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing or updating the Software (any part of it), and services or offerings at any time.

Our audit and collection of any of Your data and Your use of the Software is subject to Flavio Bassi's Privacy Policy (http://www.flaviobassi.com/legals/privacy). We may audit Your software usage for anti-piracy purposes, to verify a valid registration, and identify if new Updates are available for Your Computer prior to sending You a notice to install a new Software Update, and to assess Your use of the Software. You consent to the Software sending anonymous usage data (e.g., the number of instances the Software is launched, the device IP address, and/or the version of the Software), for registration authentication, and use and anti-piracy auditing purposes.

If the Software You have received with this EULA is a pre-commercial release or a beta version, then You understand that the Software is pre-release, non-commercial version and does not represent a final product of Flavio Bassi. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS AND FLAVIO BASSI DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY TO YOU OF ANY KIND.

If the Software is identified as an academic or education edition version in the user documentation, on the packaging of the Software or on the purchase or download page of the website, and You qualify as an academic end user, You may install and access one (1) copy of the Software on up to the permitted number of computers, as agreed to by You and Flavio Bassi, but only for educational purposes and for no other purpose. Academic versions of the Software may not be used for commercial, professional, or other for-profit purposes. Notwithstanding the foregoing, You are not entitled to use the Software unless You qualify in Your jurisdiction as an academic end user (e.g., student or personal learning versions of the Software may only be used by faculty, staff members and degree, diploma or certificate-seeking students at qualified educational institutions). Contact Flavio Bassi or Your local Flavio Bassi authorized reseller to determine whether You qualify as an academic end user and to learn more about Our academic programs and products. Work product and other data created with academic or education edition versions of the Software contain certain notices and limitations that make the data unusable outside the educational use area. If You combine or link data created with educational institutional versions, student versions, or personal learning editions of the Software with data otherwise created, then that data may also be affected by these notices and limitations. Flavio Bassi shall have no responsibility or liability whatsoever if You combine or link data created with educational institutional versions, student versions, or personal learning editions of the Software.

If the Software is identified as a demonstration, evaluation, trial, "not for sale" ("NFS") or "not for resale" ("NFR") version ("Evaluation Version") in the applicable user documentation You may install and access one (1) copy of the Software only for the purpose of evaluation and/or demonstration. Unless You are authorized by Flavio Bassi, You may not use Our Software for competitive analysis, or commercial, professional, or other for-profit purposes. You understand that at the end of the evaluation period, You must either stop using the Software or pay for the Software to continue using it. If You fail to pay for it, then Your license terminates. Notwithstanding the foregoing, additional and differing terms apply to Flavio Bassi shareware products, as set forth below in the Additional License Terms section of this EULA.

If the Software is identified as an OEM Edition product, You may only use the Software with the original computer or electronic equipment (the "Original Equipment") with which the Software was first bundled. If the Original Equipment in which the Software was installed is lost, stolen, sold or rendered inoperable, You may install Your original, unmodified, OEM Edition Software onto such Original Equipment replacement.

For any Software provided from Flavio Bassi, or a Flavio Bassi authorized reseller: the use of the Software is allowed only in computing devices and systems which contain informations that can be lost with no risk of any money damage and which do not manage anything that could damage the health, the life, the integrity or the status of any person or thing. The use of the Software in computing devices and systems which contain important, valuable, or vital informations, or which manages something that could damage the health, the life, the integrity or the status of someone or something, is prohibited.

If You purchased the Software on a computer disc, then Flavio Bassi warrants that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the Software. The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software, however, the Software may contain normal bugs and errors. Therefore, the Software is provided on an "AS IS" basis with the understanding that bug fixes and Updates will be provided from time to time. This warranty is valid only for the original purchaser of the Software. IF THE DISC IS DEFECTIVE, THEN FLAVIO BASSI'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE DISC TO US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the Software is void if the damage to the disc is a result of accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLAVIO BASSI DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.

In such instances and as long as You obtained the Software from Flavio Bassi, or a Flavio Bassi authorized reseller, Flavio Bassi may remedy substantial defects of the Software at its reasonable discretion by (a) providing a patch, Update or replacement of the Software, or (b) asking for return of the Software and cancelling the EULA. You are entitled to a reduction of the purchase price or a rescission of the EULA only if Flavio Bassi has repeatedly failed to remedy the defect after a reasonable period of time. If You are a consumer, Your claims under this clause are time-barred in twenty-four (24) months; if You are a business, Your claims under this clause are time-barred in twelve (12) months. If You alter the Software in any way without being authorized by Flavio Bassi, Flavio Bassi will not remedy defects caused by such alteration and You are liable for any damages incurred by Flavio Bassi due to Your unauthorized alteration. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes. To make a warranty claim You must provide a detailed error description to Flavio Bassi Customer Service or, at Flavio Bassi's request, return the Software along with any return materials authorization information provided to You by Flavio Bassi, at Flavio Bassi's expense, to Flavio Bassi. For further warranty information, please contact Flavio Bassi Customer Service at www.flaviobassi.com.

THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). FLAVIO BASSI MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.

In such instances and as long as You obtained the Software from Flavio Bassi, or a Flavio Bassi authorized reseller, Flavio Bassi may be liable to You (a) without limitation for damages You have incurred under or in connection with this EULA only if the damage has been caused by the willful or grossly negligent act of Flavio Bassi; and (b) for those typical damages that were reasonably foreseeable and which have been caused by any other negligent breach of an essential contractual duty by Flavio Bassi. Any further liability of Flavio Bassi is excluded. These aforementioned limitations apply irrespective of their legal basis, in particular with regard to any pre-contractual or auxiliary contractual claims. These limitations shall not apply, however, to any mandatory liability under the applicable product liability laws, nor to any damage which is caused due to the breach of an express warranty to the extent that such express warranty was intended to protect consumers against the specific damage incurred, nor to damages due to loss of life, injury or prejudice to health.