This End User License Agreement (hereinafter "EULA") governs the use of the software provided by Nova Ecom Legacy LLC, operating under the commercial brand "Andy Max Tools" (hereinafter "Licensor").
BY INSTALLING, DOWNLOADING OR USING THE SOFTWARE, THE USER DECLARES TO HAVE READ, UNDERSTOOD AND FULLY ACCEPTED THE TERMS OF THIS EULA. IF THE USER DOES NOT ACCEPT THESE TERMS, THEY MUST NOT INSTALL OR USE THE SOFTWARE.
4.1 License grant
The Licensor grants the user a personal, non-exclusive, non-transferable, revocable and limited license to use the software, according to the terms set forth herein and in the Terms of Sale.
The license entitles the user to:
• Install the software on a limited number of devices associated with the user's account
• Use the software for the intended professional purposes
• Receive software updates during the validity of the license
4.2 Use restrictions
The user is NOT authorized to:
• Copy, reproduce, distribute, sell, rent, lend or transfer the software to third parties
• Modify, adapt, translate or create derivative works based on the software
• Decompile, disassemble, reverse engineer or otherwise attempt to access the source code of the software
• Remove, alter or obscure copyright notices, trademarks or other identifying marks present in the software
• Use the software for unlawful activities or in violation of applicable laws and regulations
• Share access credentials with third parties
• Use the software simultaneously from multiple unauthorized devices
• Bypass, disable or tamper with protection, authentication and credit management systems
• Use automation tools, bots or scripts to interact with the software without authorization
• Sniff, intercept or analyze traffic generated by the software in order to replicate its functionality
• Use the software to derive technical information on communication protocols with control units in order to replicate its functionality
4.3 Intellectual property
The software, including source code, object code, structure, architecture, algorithms, interfaces, documentation and all related material, is the exclusive property of the Licensor and is protected by copyright, trademark, patent and other applicable intellectual property laws.
The license granted under this EULA does not entail the transfer of any intellectual property right to the user, but only a limited right to use according to the terms set forth herein.
4.4 Software updates
The Licensor may release updates, patches or new versions of the software at its discretion. Such updates may be distributed automatically upon software launch.
Updates are subject to the same terms of this EULA, unless otherwise indicated.
The Licensor does not guarantee backward compatibility of updates and reserves the right to modify, add or remove functionality at any time.
4.5 Internet connection and online licensing
The software requires an active internet connection to function properly. The software periodically connects to the Licensor's servers to:
• Verify license validity
• Manage the credit system
• Receive automatic updates
• Transmit usage data for security and analytics purposes
The user accepts that the software may refuse to operate in the absence of an internet connection or if the license verification systems detect anomalies.
4.6 Monitoring and telemetry
The software collects and transmits usage information to the Licensor, including (by way of example):
• Unique installation and device identifier
• Software version in use
• Operations performed (type, date, time)
• Technical data of vehicles/control units on which it is used
• Any errors or anomalies
Such data is used for security, fraud prevention, technical support and product improvement purposes, in compliance with the Privacy Policy.
4.7 Term and termination of the license
The license has the duration specified at the time of purchase (lifetime for Founders Tier, based on the package for Standard Tier).
The Licensor may revoke the license at any time, at its sole discretion, in case of:
• Violation of this EULA or the Terms of Sale
• Unauthorized or anomalous use of the software
• Failure to pay or chargeback of payments
• Service termination
• Any other legitimate reason
In case of revocation, the user must immediately cease using the software and uninstall it from all devices. No refund shall be due in case of revocation for violation of this EULA.
4.8 Warranty disclaimer
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
The Licensor does not warrant that the software will meet the user's specific requirements, that it will operate without interruption or errors, or that it will be compatible with all existing vehicles, control units or configurations.
4.9 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR SHALL IN NO EVENT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BY WAY OF EXAMPLE:
• Loss of data
• Economic losses, lost profits
• Damage to vehicles, electronic control units, mechanical or electronic components
• Repair or replacement costs
• Damage to third parties caused by use of the software
• Interruption of the user's professional activity
The user acknowledges that the software operates on sensitive electronic systems and that any intervention involves intrinsic risks. The user fully assumes responsibility for the use of the software and for the consequences arising from their actions.
4.10 Indemnification
The user undertakes to indemnify and hold harmless the Licensor, its directors, employees and collaborators from any claim, demand for compensation, cost, expense (including legal fees) arising from:
• Improper use of the software by the user
• Violation of this EULA
• Violation of laws or third-party rights in the use of the software
• Damage caused to third parties by use of the software
4.11 Changes to the EULA
The Licensor reserves the right to modify this EULA at any time. Changes will be communicated by email and/or through the software itself. Continued use of the software after publication of changes constitutes acceptance thereof.
4.12 General provisions
If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions shall remain fully valid and effective.
This EULA, together with the Terms and Conditions of Sale and the Privacy Policy, constitutes the entire agreement between the parties relating to the subject matter hereof.
4.13 Applicable law
This EULA is governed by Italian law. For any dispute, the provisions of section 3.16 of the Terms and Conditions of Sale apply.