This software license agreement (the "agreement") is a legal agreement between RPS S.p.a. as the "licensor" and you (hereafter referred to as the "customer") for the RPS S.p.a. software accompanying this agreement.

By clicking "Yes" or by downloading, installing, loading, copying, or otherwise using the software, you represent that one of the following is true:

• You have been authorized to accept these terms on behalf of the customer (the entity on whose behalf you represent that you are authorized to act).
• You intend to be personally bound to the terms of this agreement as the customer.

If you accept these terms as a representative of an entity on whose behalf you are authorized to act, you may use the software only on behalf of such entity.  If you intend to be personally bound, use of the software is limited to your personal use.

If you are not authorized to accept these terms on behalf of a company or other entity, and you do not intend to be personally bound, RPS S.p.a. will not license the software, and you must click "Cancel."

Installation or use of the software in violation of the terms of this agreement is a violation of international copyright laws and conventions.

If third-party software is provided with the RPS S.p.a. software, that third-party software is not subject to the terms of this license agreement.  The license agreement of that third-party software defines the responsibilities of the customer and licensor with regard to that software.

1.  Grant of License

RPS S.p.a. hereby agrees to grant and customer agrees to accept a non-exclusive and non-transferable license to use the software, subject to the terms and conditions of this agreement. The software is owned and copyrighted by RPS S.p.a. or its suppliers.  As a customer, your license confers no ownership of or title to the software and does not constitute a sale of any right in the software. RPS S.p.a. retains all proprietary rights and title to the software and any modifications.

The customer is not permitted to rent, lease, grant a security interest in, or otherwise transfer rights to the software, or remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the software.

2.  Right to Use

The software is licensed for use only by the number of users and/or on the number of servers or workstations described in this "Right to Use" section of this agreement or in any related invoice.

The customer may use this software in one of the following ways, whichever is applicable to this software:

• On a single file server powered by an UPS of Manufacturing UPS for serving any computer and related peripheral devices connected with that single file server
• On one or more computers powered by the same UPS by RPS S.p.a.
• To support a web server, which may be connected to a varying but unlimited number of workstations or computers on one or more networks.

3.  Right to Copy

The customer may make copies of the software for the following purposes only:

• The customer may make one copy of the software for archival or backup purposes.
• The customer may make additional copies of the software and documentation only when essential for the authorized and intended use of the software as described in this agreement and/or in the documentation accompanying the software.

Any and all copies, including any archival copy, must include the RPS S.p.a. copyright notice and any other proprietary notices that are included with the licensed software, and are fully subject to the terms of this agreement.

The customer may not redistribute the software or make copies with the intent to redistribute.

4.  Restrictions

The customer is not permitted to do any of the following:

• Reverse assemble, reverse compile, or otherwise attempt to create the source code from the software.
• Create derivative works of the software or any portion thereof.
• Localize or translate the software or its documentation, without the prior written consent of RPS S.p.a.
• Publish or provide any results of benchmark tests run on the software to a third party without the prior written consent of RPS S.p.a.

5.  Duration and Termination of This Agreement

This license shall continue so long as the customer uses the software in compliance with the agreement.  If the customer breaches any of its obligations, this license shall terminate, and the customer agrees to destroy or return all copies of the software and all materials provided for or with the software upon notification and demand by RPS S.p.a. The customer can terminate the agreement at any time by destroying or returning to RPS S.p.a. all copies of the software and documentation.

6.  Limited Warranty

The RPS S.p.a. warranty software it is relative to the correct use to which the product has been sold.

RPS S.p.a. warrants during the  warranty period that the software will function materially as described in the accompanying software user documentation and that any medium upon which the software is delivered will be free from defects in material and workmanship when given normal, proper and intended usage.

This warranty does not apply in any of the following circumstances:

• If the software is used on a machine or operating system other than the machines and versions of operating systems specified in the documentation.
• If the software is subjected to misuse, neglect, accident, or exposure to environmental conditions beyond those specified in the documentation.
• If a version of the software is used that does not include all updates available from RPS S.p.a.
• If the software has been modified.

RPS S.p.a. does not warrant that use of the software will be uninterrupted or error free, nor that program errors will be corrected.

RPS S.p.a.'s sole responsibility and customer's sole remedy under this warranty is, at RPS S.p.a.'s option, to repair or replace all or any portions of the software, or to refund any license fee paid. This limited warranty is valid only if RPS S.p.a. receives written notice within the warranty period.

7.  Limitation of Warranties and Liability

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6 HEREIN ENTITLED "LIMITED WARRANTY", (i) RPS S.p.a. SHALL HAVE NO LIABILITY TO THE CUSTOMER OR ANY THIRD PARTY FOR THE SOFTWARE, INCLUDING ANY LIABILITY FOR NEGLIGENCE; (ii) RPS S.p.a. MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND (iii) RPS S.p.a. SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULA