Last update: 8 July 2023

End User License Agreement

Please read this End User License Agreement ("EULA") before you purchase a license key for HighDesign and subsequently download and use HighDesign.

This is a legal agreement between you and Ilexsoft covering your use of HighDesign.

PLEASE READ THIS CONTRACT CAREFULLY BEFORE USING THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE BOUND TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING IN PARTICULAR THE LIMITATIONS ON: USE, TRANSFERABILITY, WARRANTY AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

"Confidential information" — any and all information that ILEXSOFT discloses to You, whether in writing, electronically or orally and in any form (tangible or intangible) that is confidential, proprietary, or relates to shareholders, whether commercial, technical, financial, customer, supplier, product or production related;
"Documentation" — the detailed information about the HighDesign app, its features and the system requirements as made available on the website of ILEXSOFT, as amended from time to time;
"ILEXSOFT" — Ilexsoft S.A.S., Str. San Vetturino 20T, Perugia (PG), Italia.
"License Key" —a unique code provided by ILEXSOFT, which enables You to activate and to subsequently use HighDesign;
"Permitted Number" — means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Ilexsoft.
"Software", "HighDesign" — any software application and/or all of the contents of the files and/or other media, including software setup files, disk images or other media with which this agreement is provided and is licensed to You by ILEXSOFT, including but not limited to (i) Ilexsoft or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works; (iii) related explanatory written materials or files ("Documentation"); (iv) any Updates;
"Updates" — any modified versions and updates of, and additions to HighDesign;
"Use" — the access, download, install, copy or get benefit from using HighDesign in accordance with the documentation;
"You" — you, the final and ultimate user of HighDesign or the authorized representative of a company or other legal entity that will be the final and ultimate user of HighDesign, and the company or other legal entity that will be the final and ultimate user of HighDesign, if applicable.

General

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
This EULA applies to any licenses granted to You by ILEXSOFT for the use of HighDesign.
By purchasing a License Key for HighDesign and/or downloading and using HighDesign, You enter into this EULA with ILEXSOFT.
You acknowledge that this EULA may be modified from time to time without prior notice to You. Such modifications will be effective upon posting on https://www.ilexsoft.com/about/eula.html

License

As long as you comply with the terms of this End User License Agreement, ILEXSOFT grants you a non-exclusive License to Use the Software for the purposes described in the Documentation, as further set forth below.
ILEXSOFT is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of the License Key or Your Use of the Software.

Permitted Use

In order to be able to install the Software and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation and on the ilexsoft.com/support website
You shall Use the Software on one computer only, unless You have purchased a volume license. In the event You have purchased a volume license, the number of computers You may Use the Software on shall not exceed the number of HighDesign Licenses purchased. If You exceed the limit, or share the License Key, ILEXSOFT may block the License Key in accordance with clause 9.3 of this EULA
Portable Computer Use. You may install and Use a second copy of the Software on a portable Computer provided the Software on the portable Computer is not being used at the same time the Software on the primary computer is being used.
You shall Use the Software in accordance with applicable laws and shall not:
1. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key;
2. use the Software for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
3. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software;
4. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software and the License Key or any parts thereof, except to the extent permitted by applicable law; or
5. disclose Confidential Information unless if this is required by law or authoritative order.
Evaluation Version. Without a unique License Key sent to you by ILEXSOFT, the Software is a feature limited Trial version. YOU ACKNOWLEDGE THAT THE TRIAL SOFTWARE CONTAINS LIMITED FUNCTIONALITY. ILEXSOFT IS LICENSING THE SOFTWARE "AS IS", WITH THE SOLE PURPOSE OF PROVIDING A DEMONSTRATION MODEL. If the Software is a Trial or Demo version, You may not have access to save, export and print functions, or the Software will run for a limited period of time, according to the trial mode indicated. To extend your use of the Software, you must contact Ilexsoft or an Ilexsoft authorized reseller to purchase a full license and receive your License Key. If the Software is identified as a trial, demonstration, evaluation, or NFR version, you may use it only for the purpose of commercial evaluation or demonstration. You may not use it for commercial, professional, or for-profit purpose.
Educational Version. If the Software is identified as Educational Version, you may Use it only for the purpose of training and instruction as an active instructor using Ilexsoft Software in your course, classroom or lab, or as an actively enrolled student using Ilexsoft Software for educational purposes only. You may not use it for commercial, professional, or for-profit purpose, nor use any of the files created with this license for any commercial purposes. You may not use it in the business of the institution, such as facilities management. If the License comprises a period of validity, upon its expiration the Software may cease operations or require a renewed License Key according to the particular edition of the Software.
Beta Software. If the Software is identified as Beta Version, You acknowledge that Beta Software may contain unfinished features and unexpected errors and can potentially damage your data. This software is provided on an “as is” and “as available” basis. Ilexsoft does not give any warranties, whether express or implied, as to the suitability or usability of its software or any of its content. Ilexsoft will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the Beta software. Beta Software may not be redistributed.
Distribution. You may distribute unaltered copies of the demonstration version of the Software (TRIAL) to third parties, on removable media, on-line software archives or websites provided you do not supply any License Key to the third party and you do not alter in any way the original package the Software comes in.

Maintenance and Support

ILEXSOFT will notify You of any available Updates and upgrades, either through the automatic notification system in the Software, or via email, or via updates on the ILEXSOFT website, according to the privacy preferences set by You.
You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the Software License for HighDesign. In order to receive Updates after this twelve months' period, You will need to either renew your Software License or enter into a subscription arrangement with ILEXSOFT.
Upon the expiration of the twelve months' period, you will need to purchase a renewal plan in order to be able to upgrade.
You can download available Updates and upgrades from the website of ILEXSOFT.
Any maintenance and support provided by ILEXSOFT, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
The terms of this EULA will govern any Updates.

Copyright

All title and copyrights in and to the Software and any copies thereof are owned by Ilexsoft. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

Disclaimer

You Use HighDesign at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
Ilexsoft expressly disclaims any warranty for the Software. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THERE ARE NO WARRANTIES THAT THE FUNCTIONS OF THE SOFTWARE WILL SATISFY YOUR NEEDS, OR THE SOFTWARE WILL BE ERROR FREE, OR ALL ERRORS IN THE SOFTWARE WILL BE FIXED. The entire risk arising out of use or performance of the Software remains with you.

Liability Limitation

IN NO EVENT WILL ILEXSOFT BE LIABLE TO YOU FOR ANY DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF ILEXSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
The liability of ILEXSOFT and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the Software License, the License Key, the Software and/or this EULA shall in no event exceed the total amount(s) paid by You to ILEXSOFT in the preceding 12 (twelve) months.

Termination

This EULA will continue to be in force until the expiry or termination of the Software License.
The HighDesign License will terminate automatically at the end of the applicable license term, unless renewed prior to the end of such term.
ILEXSOFT is entitled to terminate the Software License by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License Key within the applicable payment term, or in the event ILEXSOFT is required to do so by law or an order of an applicable court. ILEXSOFT may also terminate the Software License in order to effect your request for a pro-rated credit of fees paid for the Software License in order for and so as to allow You to upgrade into a subscription arrangement with ILEXSOFT.
Upon termination of the Software License, You shall cease all Use of the Software.
You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

Governing law and disputes

This EULA shall be governed by and construed in accordance with the laws of Italy, excluding its conflicts of law rules.