Brewer X

End User License Agreement

Read this End User License Agreement before purchasing a license for Brewer X and/or downloading, launching or using Brewer X.

By purchasing a license for Brewer X and/or downloading, launching, or using Brewer X, you agree to be bound by the terms of this EULA. If you do not agree with the terms herein, please do not purchase a license for Brewer X and/or download, launch, or use Brewer X.

General

This EULA applies to any license granted to you (“Licensee”) by Tommaso Negri (“Licensor”) for the use of Brewer X (“the Software”).

By purchasing a license for Brewer X and/or downloading, launching, or using Brewer X, you enter into this EULA with Licensor.

You acknowledge that this agreement may be modified without prior notice. Effective modifications will be posted on this page.

When installing and/or using the Software, Licensor grants Licensee a non-exclusive, non-transferable license for the Software products including (if applicable) electronic documentation and associated material. This agreement governs also any update or new version or release of the Software. This agreement permits you to use the Software for single user use only, upon the terms and subject to the conditions contained herein. Unless otherwise specified by Licensor, this agreement applies also if you have downloaded the Software from websites, e-shops or other sources other than Licensor’s website.
To the extent that the Software includes or interfaces with third-parties’ software (including adds-on or extension programs), the respective licensing provisions issued by such third-parties shall apply and the Licensee undertakes to comply with them.

License fee

Unless otherwise specified by Licensor, the Software is NOT free or shareware. The license fee specified by Licensor is due by Licensee at the time of delivery, download or activation of the Software. The order process of the Software is conducted by Stripe, that handles payments infrastructure, all customer inquiries, and also provides chargebacks and returns.

Obligations

Accepting this agreement you commit:

  • Not to copy the Software (other than for normal use of the Software in accordance with the terms of this agreement) nor to decompile, disassemble or reverse engineer the Software
  • Not to modify, share, lease, rent, lend, redistribute, sublease, sublicense the Software
  • Not to create derivative works of the Software
  • Not to transfer, communicate or make available any license key (“Serial Number”) that was given by Licensor to install or use the Software
  • Not to share, display or make available the Software and/or the license key on a public platform, website, social network, bulletin board, ftp site, chat room or by any other unauthorised means
  • Not to assign or otherwise transfer all or part of the Software or license key without the prior written consent of Licensor
  • To ensure that anybody (such as employees, agents and other parties) who will use the Software are notified of this agreement and the terms hereof before they use the Software

Warranty

The Software is provided “as is” and any and all warranties, whether implied or express, are disclaimed to the maximum extent allowed under the applicable law.

The Licensor warrants that the Software will substantially operate in accordance with the user instructions contained in the materials delivered with the Software.

You acknowledge that software in general is not error-free and agree that the existence of such errors shall not constitute a breach of this agreement. The Licensor may create new versions of the Software (“upgrades”) which may correct such errors. The Licensor has no obligation to notify Licensee of such upgrades. The upgrades will be made available on the website of the Licensor. The Licensor may charge additional cost for an upgrade. Additional cost will be properly specified before charge.

In the event that you discover a material error in the Software which substantially affects the use of the same and notify the Licensor of the error within 90 days from the date of acceptance of this agreement, the Licensor shall at its own discretion either refund the license fee or use all reasonable endeavours to correct by patch or new release (at its own discretion) that part of the Software in which the error occurred.

Warranty is excluded in the case non-compliance has been caused by any modification, variation or addition to the Software not performed by the Licensor or caused by its incorrect use, abuse or corruption of the Software or by use of the Software with other software or on equipment with which it is incompatible.

To the extent permitted by the applicable law, the Licensor disclaims all other warranties with respect to the Software, either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose.

Without limiting the generality of the foregoing, Licensor disclaims any warranty in relation to:

  • Third-parties’ software, components and contents which may operate with the Software
  • Adds-on or extension programs, including apps that are designed and made available by third-parties or communities to operate with the Software and their interoperability with the Software and any new version thereof, even if they are made available on the Licensor website or are delivered by the Licensor together with or through the Software
  • Additional or ancillary materials such as templates, forms and sheets incorporating texts, data, formula or programs and related documentation, whether designed by the Licensor or third-parties, and their non-compliance with local legislation, requirements or standards and/or their accuracy and that they are up-to-date
  • Third-parties’ websites and their content with which the Software or Licensor’s website can connect
  • Change of any parameter in law, regulation, tax or accounting rules or standards that may not be reflected in the Software
  • Failure of internet connection to the extent that such connection is necessary or useful for the user to operate the Software or any additional feature connected thereto
  • Failure of third-parties to provide from their websites specific or up to date contents or services that are necessary or useful for the use of the Software

You acknowledge and agree that in certain occasions the Software will connect to Licensor’s website to transfer or download information (such as updates, license keys, versions, languages etc.). You shall be responsible to ensure the internet connection at the relevant time and Licensor disclaims any warranty as to the continuity of internet connection and any corruption or interception of information during the transfer or download.

Limitation of liability

Any liability (whether in contract, tort or other legal basis) of Licensor for the breach of any obligation hereunder (including breach of warranty) or in connection with the delivery to, or downloading or use by, you of the Software is excluded, unless Licensor has acted gross negligently or in wilful intent.

Notwithstanding the generality of above and to the maximum extent allowed under the applicable law, Licensor expressly excludes liability for consequential loss, damage of, or corruption to, other software or data, or for loss of profit, business, revenue, goodwill or anticipated savings.

All trademarks, copyrights and other intellectual property rights in or used in connection with the Software (including, without limitation, icons, images, animations, audio and other identifiable material relating to the Software) are and shall remain the exclusive property of Licensor.

Termination

This agreement is valid until Licensee or Licensor terminate it. Licensee may terminate this agreement at any time by destroying the Software, license keys, documentation and all copies, full or partial, of the Software.

Licensor may terminate this agreement at any time if Licensee is found violating or not adhering to any of these terms. In this case, the agreement will terminate automatically and without notice from Licensor.

Upon agreement termination, Licensee shall stop all use of the Software, and destroy the Software, license key, documentation and all copies, full or partial, of the Software.

Disclaimer

If any of the terms, conditions or provisions of this agreement should be or become invalid or unlawful, the validity of the remaining terms, conditions or provisions shall not be affected, being valid to the fullest extent permitted by law. Invalid terms shall be substituted by valid and lawful terms formulated to achieve the main purpose.

Licensor’s failure or neglect to enforce any provision of this agreement shall not be interpreted or considered to be a waiver of Licensor’s rights hereunder, nor in any way affect the validity of the whole or any part of the agreement, nor interfere Licensor’s rights to take subsequent action.

The titles of the terms contained herein are included for reference only and are not intended to affect the meaning or interpretation of any of the contents of this agreement.

Governing law and jurisdiction

This agreement is subjected to Italian Law. The courts of Italy shall have exclusive jurisdiction on any dispute, controversy or claim relating to this agreement. Nonetheless, the Licensor shall have the right to act against the Licensee in the courts of Licensee’s domicile.