The Use of this web site, the software provided by this web site and custom developed software is subject to these Terms and Conditions and any other rules or policies that are published on this web site.
Please read these Terms and Conditions carefully before using this site, or downloading software from this site.
By using this web site, software provided by this web site, or custom developed software by the owner of this web site, you agree to be bound by all of the terms and conditions described hereafter.
sartori-software reserves the right to modify theseTerms and Conditions at any time and without prior notice.
Services of sartori-software This site is owned and operated by sartori-software (Stefano Sartori). The site provides on-line information on services and products offered by sartori-software.
Copyright, Restrictions and Use The contents displayed on this web site, contained in end user- and custom developed Software, including but not limited to text, graphics, animations, logos, trademarks and source code are property of sartori-software. All trademarks and logos not belonging to sartori-software are property of their respective owners
You may not use, modify, adapt, or in any way alter these materials and contents without the permission of sartori-software.
You agree not to use any contact information and e-mail addresses that can be found on the web site to send any unsolicited commercial information.
This web site may contain links to other sites. sartori-software does not monitor these other sites and is not responsible for the contents of such sites.
Your access to such sites via the links contained on this web site is wholly at your own risk.
Terms and Conditions for Custom Software Development and Technical Consulting
Project Analysis, Evaluation and Offer
Sartori-Software analyzes the scope of a software to be developed in close cooperation with the customer.
Once the analysis of the customer business need is complete, sartori-software develops the software design and the application implementation strategy and compiles a detailed offer for the software package to be built.
If the customer commissions the job, the analysis, implementation strategy and the offer compilation is free of charge.
If the customer does not commission the job, the analysis, implementation strategy and the offer compilation is charged on an hourly basis, with the actual hourly rates applied.
Job Commission and Software Implementation Phase
Sartori-Software accepts job commissions only in written form, via email or letter.
The price defined in the final offer is committing.
The software implementation is made upon the components defined in the final offer, in strong cooperation with the customer, in order to create application(s) that perfectly fit the customer's business needs.
Supplementary activity not defined in the committing offer is charged extra on an hourly basis, with the actual hourly rates applied.
Software Release and Acceptance Test
Once the implementation of the software has been completed, it is released to the customer. Detailed Documentation as well as installation instructions are provided to the customer.
The final acceptance test has to be made by the customer, upon detailed instructions not necessarily delivered by sartori-software.
The final acceptance test positive result has to be signed by the customer and sartori-software on the 'Software Acceptance' form provided by sartori-software.
By signing the 'Software Acceptance Form', the customer agrees that the software configuration is correct and fits the business needs.
Any re-configuration or correction of mis-configuration after this point, will be charged by the applicable hourly rate.
Third Parties: Companies, Systems and Software Components
License fees of any third party software component such as client, server, operating system etc. needed to operate a custom developed application, have to be cleared by the customer to the respective 3rd party software vendor.
If a software project is delayed because of a third party company, system or software component involved in the project, or the effort of sartori-software.com rises due to a third party company, system or software component, the additional effort will be charged per hour, even if the project has been commissioned by the customer as flat rate.
Software and Source Code Ownership and Copyright The source code of custom developed software is property of sartori-software. Sartori-software holds the full Ownership, Copy- and Distribution right of custom developed software.
Custom developed software, but not the program source code, even in its parts, can be used by the customer in every branch of its company without any additional charge.
Custom developed software and the program source code, cannot be disclosed by the customer to any third party whitout prior written permission of sartori-software.
The customer can change the source code, if disclosed, by its own only after prior written permission by sartori-software
In that case warranty is void and sartori-software holds the right to refuse any further modification of that code.
The terms listed in this section might be overruled by individual agreements. If no individual agreement has been made, the terms listed herein are committing.
Warranty for Custom Developed Software sartori-software gives lifetime warranty only on the functionality of custom developed software and under following condition:
The software error must be documented by the customer.
If the software error is reproducible and can be ascribed to a software bug, it will be fixed by sartori-software without charge and no limitation in time.
Limitation of Warranty for Custom Developed Software
If a software error cannot be reproduced or it is caused by misconfiguration, missing system components, wrong installation or misusage of the software, the applicable hourly fee will be charged to research and fix the problem.
Warranty is void if source code is changed by any party except sartori-software
Sartori-software gives no warranty of any kind for 3rd party software components needed to operate a custom developed application.
If a program error is caused by a 3rd party software component, the applicable hourly fee will be charged to fix the problem
Sartori-software, has no liability to the customer or any other entity for any indirect, incidental,special or consequential damages whatsoever, including but not limited to loss of revenue or profit, failure to realize anticipated profits or savings, lost or damaged data or other commercial loss, even if we have been advised of the possibility of such damages or even if they are foreseeable, or for claims by any other party.
Invoicing and Payment Procedures
Payment Procedures The Payment procedure for downloaded software is explained in detail in the relative section on this web site.Custom Software Development is provided according to individual agreements and contracts signed with customers.Once such individual arrangements have been made, we invoice for the services after deliveries have been made.The general conditions of payment are 'payment on invoice' unless otherwise agreed.All payments are made based on invoices or order confirmation emails for downloaded Software from this web site.We accept payments by Bank wire transfer in EURO only.All necessary information like wiring instructions in case of wire transfer are advised when invoices or order confirmation emails are sent.All invoices rely on job commissions by customers and, consequently,there are no situations when sartori-software would have to refund payments made.
Payment Terms for Custom Developed Software/ Consulting Activities
The payment term for custom developed Software and oll other services delivered, is 14 days without discount after the Invoice issue date.
If the payment is not made by the terms listed, the Invoice amount is increased by 12% annual interest for delay.
Furthermore sartori-software reserves the right to invoice admonition expenses.
If no individual agreement has been made, the terms listed herein are committing.
Personal Information sartori-software has a very strict non-misuse policy.
Any personal information voluntarily disclosed by you on this web site will never be abused or sold to any third party.
All information is strictly confidential and will not be used for any purpose other than to accurately serve you and your business.
Contact Information You may contact sartori-software with any questions, clarification request and discussion on services and software provided.
General Tems and Conditions valid from January 1, 2008
Changes might occour without prior notification
General End User License Agreement (EULA)
SOFTWARE APPLICATION END USER LICENSE AGREEMENT IMPORTANT! CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, AND THAT YOU AGREE TO ITS TERMS AND CONDITIONS. YOU FURTHER AGREE TO PROTECT THIS SOFTWARE, AS BEST AS REASONABLY POSSIBLE,FROM UNAUTHORIZED USE, REPRODUCTION OR DISTRIBUTION.
A. PRODUCT. sartori-software ('we' or 'us') provides you ('you'),with a product (SOFTWARE APPLICATION - the 'Product'), having (i) a software program (the 'Software') and (ii) this license agreement (the 'Agreement').
The Product may also include a User's Guide, a Registration Card and/or other accompanying documents.
THE COPYRIGHT AND ALL OTHER RIGHT, TITLE AND INTEREST IN THE PRODUCT SHALLAT ALL TIMES REMAIN WITH US AND/OR OUR SUPPLIERS.
B. YOU MAY: 1. install and use the Product on a single computer.
2. make one (1) additional copy of the Product in any machine-readable orprinted form for archival or backup purposes.
3. transfer the Product, provided you assign all your rights hereunder,cease all use of the Product, and erase or destroy any copies (including any hard disk copies) made in support of your use of the Product,and provided the transferee agrees to be bound by the terms and conditions of the Agreement.
C. YOU MAY NOT: 1. use the Product or make copies of all or any part of it,other than as expressly permitted in the Agreement;
2. make copies of any user's guides or other documentation provided;
3. change or reverse-engineer the Product or its method of operation by disassembling,decompiling, reprogramming or by any other means; or
4. redistribute, resell, rent, lease, assign or transfer the Product except as expressly permitted in the Agreement.
D. TERM. The Agreement shall continue for as long as you use the Product, except that the Agreement shall terminate if you fail to comply with any term or condition herein.
You may terminate the Agreement at any time by destroying the Software and documentation together with all copies existing in any form. You agree, upon termination,to destroy the Software and documentation together with all copies.
The Limitations of Warranties and the liabilities set out below shall survive any termination of the Agreement.
E. RESULTS. The results of the use of the Product are entirely your responsibility. We recommend that you fully and regularly check to ensure that the resultsare being properly created and stored, and that they are adequate for your needs.
F. WARRANTY. We give no Warranty for the Product: You can use the product for free for a period of 30 days.After this Period you must buy the Product to continue to use it.
G. LIMITATION OF WARRANTIES. Except for the express warranty above, we provide no other warranties, representations or conditions with respect to the Product; it is provided on an 'as is' basis, without any other warranties, representations or conditions, express or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose,or those arising by law, statute, usage of trade or course of dealing.
The entire risk as to the results and performance of the Product is assumed by you.
Neither we nor our distributors and suppliers shall have any liability to you or any other person or entity for any indirect, incidental,special or consequential damages whatsoever, including but not limited to loss of revenue or profit, failure to realize anticipated profits or savings, lost or damaged data or other commercial loss, even if we have been advised of the possibility of such damages or even if they are foreseeable, or for claims by any other party.
Our maximum aggregate liability to you, and that of our distributors and suppliers, shall not exceed the amount paid by you for the Product.
The limitations in this section shall apply whether or not the alleged breach, default, non performance or failure is a breach of fundamental condition or term, or is a fundamental breach.
I. GENERAL. THIS AGREEMENT IS THE ENTIRE AGREEMENT WITH RESPECT TO THIS PRODUCT,AND SUPERSEDES ANY OTHER AGREEMENT OR DISCUSSIONS, ORAL OR WRITTEN.
THIS AGREEMENT MAY NOT BE CHANGED EXCEPT BY A WRITTEN AMENDMENT SIGNED BY YOU AND BY US.
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