MOLO17 SRL End User License Agreement (EULA)

1. Definitions

"Software" means the computer program contained in this product and any updates to the program provided by MOLO17 expressly subject to this Agreement. The Software is licensed, not sold.

"Customer or You" means a licensed user of MOLO17 products.

“CPU” means the unit of measure that indicates the number of central processing units (either virtual or physical) allocated on the node(s) or cluster(s) where the destination database resides.

"Server" means a virtual or physical system with one or more CPUs on which the Software resides, along with applications utilizing the Software, and which other systems can access.

“Unique data volume (UDV)”, usually expressed in Terabytes, means the unit of measure that indicates the amount of data processed by the Software and used to calculate the license fee, where it applies based on the specific use case.

The Software is licensed on a "UDV" or “CPU" basis. Your invoice will identify which license type you have, and, if applicable, how many UDV or CPUs are permitted. An Evaluation license is not invoiced but is also licensed on “UDV” or “CPU” basis.

2. Intellectual Property Protection

MOLO17 owns this Software program and documentation, both of which are protected under applicable copyright laws. Your right to use the software program(s) and the documentation is limited to the terms and conditions described below.

3. License

Under this EULA, you may use the enclosed MOLO17 program(s) (the "Software") as specified in your invoice documenting the purchase of this License. If you are using an evaluation version of the Software, you may use it only for the specified evaluation period. You may make copies of the Software solely for purposes of backup. The copyright notice must be reproduced and included on a label on any backup copy. You may not distribute copies of the Software and documentation to others. You may not rent, lease or grant your rights to the Software. You may not alter, reverse compile or disassemble any of the Software or documentation without the prior written consent of MOLO17.

If you are licensed on a UDV basis, in no event shall the UDV number under management by the Software exceed the number identified on your invoice. Customer shall sum all data stored in its destination database and provide that information to MOLO17 when necessary to determine license use.

If you are licensed on a CPU basis, in no event shall the Software run on any number of CPUs greater than the number identified on your invoice. If applicable, the Software should only be used with those platforms identified on your invoice.

As an evaluation licensee, You may use the software on Client or Server machines during the evaluation period.

To help improve the Software, MOLO17 may collect anonymous usage and diagnostic data through telemetry, where enabled, and web analytics tools, subject to Your consent where required by law. You can disable telemetry at any time in the Software settings. Details are provided in MOLO17's Privacy Policy.

4. Terms

Your License of Software will automatically terminate without notice if you fail to comply with any terms or conditions of this License. The term of the License granted hereunder shall be as defined on your invoice unless terminated earlier by either party for a material breach of this License or as otherwise provided for in this License. The term of an evaluation license is thirty (30) days.

5. Limited Warranty

MOLO17 warrants that the media (if any) containing the Software, if provided by MOLO17, is free from defects in material and workmanship and will remain for thirty (30) days from the date You acquired the Software. MOLO17's sole liability, and your sole remedy, for any breach of this warranty shall be the replacement of your defective media. Only if You inform MOLO17 of your problem with the Software during the warranty period and provide evidence of the date you acquired the Software, will MOLO17 be obligated to honor this warranty. MOLO17 will use reasonable commercial efforts to replace the defective media pursuant to the foregoing warranty within thirty (30) days of being so notified. This is a limited warranty and it is the only warranty made by MOLO17.

The Software and all documentation is provided to You "AS IS". Due to the complex nature of computer Software, MOLO17 does not warrant that the licensed Software is completely error-free, will operate without interruption or is compatible with all equipment and software configurations. You expressly assume all risk for such use. Should the Software prove defective following its purchase, You and not MOLO17 assume the entire cost of all necessary service, repair or correction.

EXCEPT AS SPECIFIED ABOVE, MOLO17 MAKES NO WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING OR RELATING TO ANY SOFTWARE FURNISHED OR PROVIDED TO ANY CUSTOMER UNDER THIS AGREEMENT OR THE RESULTS THEREOF. MOLO17 SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SAID SOFTWARE.

6. Limitation of Liability

IN NO EVENT WILL MOLO17 BE LIABLE FOR ANY LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF MOLO17 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MOLO17’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, (WHETHER IN CONTRACT, TORT OR ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER OR NOT ARISING FROM MOLO17’S NEGLIGENCE, SHALL IN NO EVENT, EXCEED THE FEES PAID BY CUSTOMER TO MOLO17 UNDER THIS AGREEMENT.

7. Termination

Upon the termination of this License for any reason, the Software, documentation and any copies thereof shall be returned to MOLO17, and Customer shall contemporaneously deliver a duly authorized certification that all such copies have been returned and an acknowledgment that Customer no longer has any right to the Software. Upon the termination of an evaluation license, the software, documentation, and any copies thereof shall be removed from all test machines.

8. Compliance with Licensing

You agree that upon request of MOLO17, or MOLO17's authorized representative, You will within thirty (30) days fully document and certify that your use of any and all MOLO17 software at the time of the request is in conformity with your valid licensing from MOLO17.

9. General

If any one or more of the provisions of this License are finally adjudicated to be partially or entirely unenforceable by a court of competent jurisdiction, then this License shall be construed as if such unlawful provision had not been contained herein, and the remainder of the License shall remain in full force and effect.

A waiver of any breach or default under this License shall not be a waiver of any other or subsequent breach or default. Failure or delay by either party to enforce compliance with any term or condition of this License shall not constitute a waiver of such term or condition.

No terms, provisions or conditions of any purchase order, acknowledgement or other business form that Customer may use in connection with the provision of this Agreement hereunder will (i) have any effect on the rights, duties or obligations of the parties hereunder, or (ii) otherwise modify, amend or add language to this Agreement, regardless of any failure of MOLO17 to object to such terms, provisions, or conditions.

This License and its interpretation shall be governed by the laws of Italy. If you have any questions concerning this License, you can contact MOLO17 at the following address MOLO17, Viale Chiuso 13, 33170 Pordenone, Italy.