End User License Agreement
IMPORTANT: READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you, a developer of software applications, and devDept Software S.r.l. ("DEVDEPT") for all DEVDEPT products, frameworks, components, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("SOFTWARE") contained in this distribution.
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, COPY, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. DEVDEPT or its suppliers own the title, copyright and other intellectual property rights in the SOFTWARE. The SOFTWARE is licensed, not sold.
Summary of some of the most popular topics covered in this EULA:
- Licenses granted are perpetual. They do not expire when your subscription does.
- Licensed users get unlimited, royalty-free distribution rights.
- Licensed users can install the SOFTWARE on any number of computers.
- To develop with the SOFTWARE, each developer must have his own subscription.
- You may not use the SOFTWARE to develop SDKs, APIs or development tools.
- The SOFTWARE is provided as-is, without representations or warranties of any kind.
GRANT OF LICENSE.
DEVDEPT grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
General Software License Grant. DEVDEPT grants the use of the SOFTWARE according to one of the named license types below as identified in the SOFTWARE description and according to the feature list included with the SOFTWARE documentation.
- Standard License. DEVDEPT grants to you one (1) personal, nontransferable, nonexclusive, royalty-free license to use copies of the SOFTWARE and install such SOFTWARE on three computers (i) for your single concurrent internal use, (ii) to design, develop and test any number applications that you create.
- Trial License. If the SOFTWARE that you have obtained is marked as a "TRIAL" or "EVALUATION", you may install one copy of the SOFTWARE for evaluation purposes only, for a period of 30 calendar days from the date of installation ("EVALUATION PERIOD"). Upon expiration of the EVALUATION PERIOD, the SOFTWARE must be uninstalled and all copies destroyed. You may not create applications or begin software projects using the SOFTWARE under the terms of the Trial license. You may not redistribute files in the SOFTWARE distribution if using an evaluation or trial version of the SOFTWARE.
- Software Activation. The SOFTWARE may include technology that restricts the use of the SOFTWARE to a specific hardware profile that, when present, must be activated to use the SOFTWARE. DEVDEPT may, but is not required to, at its discretion authorize additional transfers for hardware failure or other circumstances.
- Remote Access. The single primary user of the licensed machine may access and use the SOFTWARE installed on the licensed machine remotely from any other device. No other person may use the SOFTWARE under the same license.
- Unlicensed Third Parties. Licenses are non-transferable. All parties must be licensed individually by DEVDEPT.
- Documentation. With respect to electronic and other documentation, you may make any number of copies (either in hard copy or electronic form) provided that such copies shall be used only for internal purposes and are not republished or distributed beyond your premises.
- You are granted a royalty-free license to redistribute in binary form any components of the SOFTWARE explicitly marked as redistributable on the understanding that you provide all technical support required for the distribution, and that you do not allow recipients to disassemble, decompile, or in any other way allow them to gain separate access to the SOFTWARE or any part of the SOFTWARE.
- Redistributions in binary form must reproduce the following copyright notice in the documentation, or wherever such third-party acknowledgments normally appear: "Portion of copyright © devDept Software S.r.l. All Rights Reserved."
- The end user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by devDept Software S.r.l. (http://www.devdept.com)." Alternatively, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. You may optionally exclude this notice with written permission from DEVDEPT.
- The name "DEVDEPT" must not be used to endorse or promote products derived from the SOFTWARE without prior written permission. For written permission, please contact firstname.lastname@example.org.
- Works derived from the SOFTWARE may not be called "DEVDEPT", nor may "DEVDEPT" appear in their name, without prior written permission of DEVDEPT.
- DEVDEPT is not obligated to provide support for works derived from the SOFTWARE.
- Disassembly. You may not reverse engineer, decompile, disassemble or in any other way try to gain access to information regarding the construction of the SOFTWARE or attempt in any way to circumvent or disable any software protection including but not limited to encryption, copy protection, machine profiling and software enforced restrictions.
- Reservation of Rights. DEVDEPT reserves all rights not expressly granted herein.
- General Software License Grant. DEVDEPT grants the use of the SOFTWARE according to one of the named license types below as identified in the SOFTWARE description and according to the feature list included with the SOFTWARE documentation.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- Rental. You may not rent, lease, or lend the SOFTWARE without express written permission from DEVDEPT.
- Termination. Without prejudice to any other rights, DEVDEPT may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must immediately destroy all copies of the SOFTWARE, including backups and all of its component parts and derived works. Section 6 and 8 will survive termination of the agreement.
- Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(b).
- Consideration. For the rights and license granted in this EULA you will pay DEVDEPT or an authorized reseller the currently published retail price available at http://www.devdept.com or another mutually agreed upon amount to appear on a valid invoice.
- Consent to Use of Data. You agree that DEVDEPT and its affiliates may collect and use technical information, excluding any Confidential Information, gathered as part of the SOFTWARE support services provided to you, if any, related to the SOFTWARE. DEVDEPT may use this information solely to improve its products, to provide customized services or technologies to you and to verify compliance with the terms of this EULA. DEVDEPT may disclose this information, excluding any information explicitly declared as Confidential Information, to others but not in a form that personally identifies you.
- License Validation. DEVDEPT may automatically check the version of any of its SOFTWARE. Devices on which the SOFTWARE is installed may periodically provide information to enable DEVDEPT to verify that the SOFTWARE is properly licensed. This information includes the SOFTWARE version, the end user’s user account details, product ID information, a machine ID, and the internet protocol address of the device. If the SOFTWARE is not properly licensed, its functionality will be affected. You may only obtain updates or upgrades for the SOFTWARE from DEVDEPT or authorized sources. By using the SOFTWARE, you consent to the transmission of the information described in this section.
- Derived Works. You agree that you will not use the SOFTWARE to develop derived works that offer similar functionality as the SOFTWARE or expose the features of the SOFTWARE for use by an unlicensed third party. You agree not to create software that might directly compete with DEVDEPT products at the time of the purchase.
SOFTWARE MAINTENANCE AND UPDATES
- For a period of twelve (12) months following the purchase of the SOFTWARE, DEVDEPT will provide email support with a guaranteed response in one (1) business day.
- For a period of twelve (12) months following the purchase of the SOFTWARE, DEVDEPT will provide free critical upgrades to the SOFTWARE. Updates may be obtained by logging in to your account at http://www.devdept.com/account
- Upgrades and Updates. If this copy of the SOFTWARE is an upgrade or update from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the SOFTWARE to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the SOFTWARE or transfer it to another person or entity.
- Product Discontinuance. DEVDEPT reserves the right to discontinue the SOFTWARE; any component of the SOFTWARE, whether offered as a standalone product or solely as a component; and/or any support resources, at any time.
- Discontinuation Policy. Once a software version is discontinued, no future support or updates will be provided or made available by DEVDEPT for that particular software version. You understand that discontinued software versions (for which support and updates are no longer provided) may in the future be vulnerable to un-patched issues, including bugs, security, and other risks, and that DEVDEPT is not responsible for your continued use of such software.
- TECHNICAL SUPPORT
- Trial License. As described in the support policy http://www.devdept.com/company/legal#support, and subject to the limitations and restrictions described in the Fair Usage Policy, you are entitled to enter support requests via email for thirty (30) days after download of your initial Trial License. For avoidance of doubt, you are not entitled to additional support requests for any Trial Licenses of the same or successor Products downloaded after your initial download (e. g. to evaluate a new release), for a period of one (1) year from the date of your initial download.
- Developer License. For any applicable period for which you have purchased maintenance and support, you are entitled to receive technical support as determined at time of purchase and set forth on the order and described in the support policy http://www.devdept.com/company/legal#support. The following additional terms apply to support hereunder:
- We may apply a Fair Usage Policy that allows us to limit or terminate your access to any or all of the support services if your use of the support services is determined by us, in our sole and reasonable discretion, to be excessive.
- In no event will we provide support of any kind to your Permitted End Users.
OPEN-SOURCE LIBRARIES. The following open-source libraries are used and included within the SOFTWARE:
- SharpDX (Open Source – MIT license)
Copyright © 2010-2013, Alexander Mutel
- Clipper (Open Source – BSL license)
Copyright © 2014, Angus Johnson
- Triangle.NET (Open Source – MIT license)
Copyright © 2005, Jonathan Richard Shewchuk, © 2014 Christian Woltering
Version: Beta 3
- MIConvexHull (Open Source – LGPL license)
Copyright © 2015, Matthew Ira Campbell & David Sehnal
- Protobuf-net (Open Source – Apache license)
Copyright © 2007-2023, protobuf-net contributors
- GeometryGymIFC (Open Source – MIT license)
Copyright © 2016, Geometry Gym Pty Ltd
- Resemble (Open Source – MIT license)
Copyright © 2013, Huddle
- BidiSharp (Open Source – MIT license)
Copyright (c) 2019, Fayyad Sufyan
- netDxf (Open Source – MIT license)
Copyright (c) 2009-2023, Daniel Carvajal
- ImageSharp (Open Source – Apache license)
Copyright (c) 2022, Six Labors
- HardwareInfo (Open Source – MIT license)
Copyright (c) 2020-2023, Jinjinov
- SharpDX (Open Source – MIT license)
- EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE is subject to Italian export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE including the Italian Export Administration Regulations as well as end-user, end-use and destination restrictions issued by Italian and other governments.
- INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE and any copies of the SOFTWARE that you are expressly permitted to make herein) are owned by DEVDEPT or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE are 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. All title and intellectual property rights in and to your modifications to the SOFTWARE are owned by you provided that such modifications are made available to DEVDEPT free of charge and royalty free for inclusion in later releases of the SOFTWARE. All rights not expressly granted are reserved by DEVDEPT.
- LICENSE VALIDATION. DEVDEPT may automatically check the version of any of the SOFTWARE. Devices on which the SOFTWARE is installed may periodically provide information to enable DEVDEPT to verify that the SOFTWARE is properly licensed. This information includes the SOFTWARE version, the developer’s user account details, product ID information, a machine ID, and the internet protocol address of the device. If the SOFTWARE is not properly licensed, its functionality will be affected. You may only obtain updates or upgrades for the SOFTWARE from DEVDEPT or authorized sources. By using the SOFTWARE, you consent to the transmission of the information described in this section.
- Both parties recognize that the other party may obtain proprietary and/or confidential information ("Confidential Information") in the course of the business relationship defined herein. Each party therefore agrees that it will not disclose the Confidential Information of the other party to any third party (i) except as provided for in this EULA or as necessary to pursue and implement the business relationships defined herein; (ii) to its responsible employees and professional advisors with a bona fide need to know and whom are bound by agreement or law to keep such information confidential; (iii) as authorized by the other party in writing or (iv) to the extent required by applicable law, court, or government agency, provided that the disclosing party promptly notifies the other party thereof and cooperates with any efforts by the disclosing party, at the disclosing party’s expense, to limit such disclosure by means of seeking a protective order or requesting confidential treatment.
- You shall notify DEVDEPT immediately upon discovery of any unauthorized use or disclosure of confidential information, and will cooperate with DEVDEPT in every reasonable way to help DEVDEPT regain possession of the confidential information and prevent its further unauthorized use or disclosure.
- You agree to pay, liquidated damages of no less than ten (10) times the purchase price or fifteen thousand Euros (€15,000) whichever is greater plus any direct, indirect or actual damages if any violation of section 8 is proved in a court of law or admitted.
LIMITED WARRANTY AND DISCLAIMER
- Except with respect to a TRIAL, EVALUATION or BETA versions of the SOFTWARE, DEVDEPT warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the SOFTWARE will perform in substantial conformance with the documentation supplied with the SOFTWARE; and (ii) the physical media on which the SOFTWARE is furnished, if any, will be free from defects in materials and workmanship under normal use.
- DEVDEPT PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE TRIAL, EVALUATION OR BETA VERSION OF THE SOFTWARE. THE TRIAL, EVALUATION OR BETA VERSION OF THE SOFTWARE IS PROVIDED "AS IS".
- DEVDEPT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. DEVDEPT DOES NOT WARRANT THAT THE SOFTWARE IS ERRORFREE OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEVDEPT SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
- IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEVDEPT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
- EXCLUSIVE REMEDY. Your exclusive remedy under the preceding is to return the SOFTWARE to the place that you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to DEVDEPT no more than ninety (90) days following delivery to you, DEVDEPT will use reasonable commercial efforts to supply you with a replacement copy of the SOFTWARE that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the SOFTWARE, at its option. DEVDEPT shall have no responsibility if the SOFTWARE has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the SOFTWARE with other than a recommended hardware or software configuration. Any such misuse, accident, abuse, modification or misapplication of the SOFTWARE will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
LIMITATION OF LIABILITY
- NEITHER DEVDEPT NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DEVDEPT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
- DEVDEPT'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF €50 EUROS OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
- THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
- INDEMNITY. You agree to indemnify DEVDEPT and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorney's fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this Agreement by you or any claims based on the Applications and the SOFTWARE included herein.
- NO WAIVER. No action taken by either party pursuant to this EULA, and no waiver by either party, whether express or implied, of any provision or right in this EULA or any breach thereof, and no failure of either party to exercise or enforce any of its rights under this EULA, will constitute a continuing waiver with respect to such provision or right or as a breach or waiver or any other provision or right, whether or not similar.
- SEVERABILITY. If any covenant or provision of the EULA is determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from this EULA and shall not affect or impair the enforceability or validity of any other covenant or provision of this EULA or any part thereof.
- GOVERNING LAW. If you acquired the SOFTWARE in Italy, this EULA is governed by the Italian law and the courts of Bologna shall have exclusive jurisdiction on any dispute arising out or in connection with this Agreement. If the SOFTWARE was acquired outside Italy, then local law may apply.
- FURTHER INSTRUMENTS. Except as otherwise expressly provided in this agreement, each party shall furnish to the other (and shall deliver and cause to be executed, acknowledged and delivered to the other) any further instruments, which such other party may reasonably require or deem necessary from time to time to evidence, establish, protect, enforce, defend or secure to such other party any or all of its rights hereunder or to more effectuate or carry out the purposes, provisions or intent of this agreement.
- CAPTIONS. All indexes, titles, subject headings, section titles, and similar items are provided for the purpose of reference and convenience and are not intended to be inclusive, definitive, or to affect the meaning or scope of this agreement.
- ENTIRE AGREEMENT. This EULA is the entire agreement between you and DEVDEPT relating to the SOFTWARE and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. To the extent the terms of any DEVDEPT policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall overrule.
Version 1.23, Revised September 15, 2023
devDept Software S.r.l. ("DEVDEPT") will provide no future support or updates once a product version or its support has been discontinued. Customers understand that discontinued product versions (product versions for which support and updates are no longer provided) may in the future be vulnerable to un-patched issues, including bugs, security, and other risks, and that DEVDEPT is not responsible for any continued use of such product.
The following product lifecycle applies to Eyeshot.
DEVDEPT will offer to active, paying subscribers of these products a minimum of:
- 1 year of product service releases
- 3 years of developer support
The following table lists the DEVDEPT products currently in an active, supported state.
|Eyeshot v2023||April 2023||April 2023||January 2026|
|Eyeshot v2022 WinForms and WPF||January 2022||September 2022||January 2025|
|Eyeshot v2021 WinForms and WPF||January 2021||September 2021||January 2024|
Revised April 28, 2023
The Terms govern your use of the website and all applications, content, software, online localization and services (collectively, "Content") available via the website, to extent that such Content is the subject of a separate agreement.
Note that DEVDEPT products are governed solely by the End User License Agreement ("EULA") under which they are sold or licensed. Always check the DEVDEPT EULA to make certain that neither you nor your software application, infringe the intellectual property rights of DEVDEPT or others.
DEVDEPT reserves the right to modify and update its Terms as needs dictate and as legal requirements are updated. If and when a change is made to our Terms, this page will be duly updated to reflect the change. Your continued use of the website after any changes to these Terms will mean that you accept those changes.
Information on this website
Information, data, text, graphics, images, sound recordings, audiovisual works and other materials provided by DEVDEPT, its licensors, or by you on the website may contain technical inaccuracies or typographical errors. You may not copy, reproduce, republish, upload, post, transmit, distribute, or use for the creation of derivative works any portions of the Sites or Content without DEVDEPT's prior written consent. DEVDEPT may remove, change, or update Content without notice. DEVDEPT may also make improvements and/or changes to the website, services, products, and/or the programs described on the website at any time without giving you notice.
DEVDEPT assumes no responsibility regarding the accuracy of the Content provided by DEVDEPT and use of such Content is at your own risk. DEVDEPT provides no assurance that any reported problems may be resolved with the use of any Content that DEVDEPT provides.
You agree that DEVDEPT, at its sole discretion, may terminate or limit access and use of all or any portion of the website and its Content at any time, with or without cause. DEVDEPT may terminate or limit your access to or use of the website if DEVDEPT determines, at its sole discretion, that you have infringed the copyrights of a third-party. You agree that DEVDEPT shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the website or any Content, including Content that you may have shared. Upon such termination, you must immediately discontinue use of the website.
Disclaimer of Content on website
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, DEVDEPT DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE WEBSITE, THE SERVICES, PRODUCTS, PROGRAMS, OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE WEBSITE, THE SERVICES, PRODUCTS, PROGRAMS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE WEBSITE, THE SERVICES, PRODUCTS, PROGRAMS, AND CONTENT ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NONE OF THE DEVDEPT PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WEBSITE, THE SERVICES, PRODUCTS, PROGRAMS, OR CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, PRODUCTS, PROGRAMS OR CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Limitation of liability
IN NO EVENT SHALL DEVDEPT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD-PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
You agree to indemnify and hold DEVDEPT, its officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you share, your violation of these Terms or any additional rules, guidelines or Terms posted for a specific area of the website or Content provided on or through the website, or your violation or infringement of any third-party rights, including intellectual property rights.
The Terms shall be construed, interpreted and governed by the laws of Italy. The Terms gives you specific legal rights; you may have others that vary from state to state and from country to country. You and DEVDEPT agree to submit to the jurisdiction of, and agree that venue is proper in, this Court in any such legal action or proceeding. DEVDEPT reserves all rights not specifically granted in the Terms.
Should you have any questions concerning these Terms, please Contact Us.
Copyright © 2006-2023 - devDept Software S.r.l. All Rights Reserved.
devDept® and the devDept logo, Eyeshot™ are trademarks of devDept Software S.r.l.
Microsoft, Windows, Windows NT, Visual Studio, Visual Basic, Visual C++ are trademarks or registered trademarks of Microsoft Corporation.
All other trademarks or registered trademarks are the property of their respective owners.
Revised Dec 21, 2022
Information we collect about you
Information you give to us
This is information about you that you give us directly when you interact with us. You may give it to us by filling out a form on our website, or by corresponding with us by phone or e-mail. It includes information necessary to register for a subscription, pay for a subscription, or place an order for other services that we provide.
When you create an account for our platform, we require you to provide your first name, last name, email address and company affiliation, which is generally available on the World Wide Web. We do not collect sensitive or highly personal data. This information is stored on DEVDEPT's servers. If you purchase products through our ecommerce website, we will need payment and billing information, often including an address and credit card information. We do not retain and store your credit card information.
When processing your personal data in connection with the purposes described in this Policy, we rely on the legal basis of legitimate interest. We collect personal data that is necessary for managing and promoting our business, maintaining a product supplier to customer business relationship which includes but is not limited to; product information and marketing communications, maintaining data and network security, improving website and product performance and customer experience, and preventing fraud and malicious acts.
If you choose to use our support services, you may post information on our support forums or submit information at your discretion in order to describe a problem more fully. Such information may include files containing data or programs. Information that you post on support forums, is publicly available to those who have access to the forums and it is your responsibility to ensure that it does not contain personal or sensitive information. We do not transmit or otherwise use your data for any purpose other than fulfilling the service. We do not transfer your data to third parties.
Information we collect about you from your use of the website
We will automatically collect information from you each time you visit our website. This includes technical information, information about your visit, and information about your activity on our website, such as pages searched and viewed, page response times, download errors, length of visit to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), methods to browse to and away from a page, and methods used to contact our sales and support teams. Technical information may also include the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating systems, and device platform.
Information we receive from other sources
This is information we receive about you from third parties that we work closely with to provide, promote, and improve our services. These third parties include business partners, vendors who assist with technical and payment services, advertising networks, analytics providers, and search information providers. Our third-party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you with advertising based upon your browsing activities and interests.
How we use the information we collect
Information you give to us
Information we collect about you from your use of the website
DEVDEPT uses this information for the following purposes:
- To optimize and personalize the website content and navigational choices
- To process your inquiries, respond to your requests, and improve our services
- To provide a better experience when you contact technical support or sales
- To audit and analyze the information provided to improve DEVDEPT technologies or services
- To send you information regarding updates, offers, products, services, etc.
- To improve the services the we offer, to improve marketing, analytics, and provide website functionality
Information we receive from other sources
We will combine this information with information you give to us and information we collect about you in our legitimate interests. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
You will receive product and services information, special offers, and general marketing material as a customer or interested party of DEVDEPT’s products and services. If you don't want DEVDEPT to send you any e-mails regarding DEVDEPT's products, services, or special offers, you may unsubscribe at any time. Links to unsubscribe from further email communications are available on all e-mail communications.
Your Rights Regarding Your Information and Accessing and Correcting Your Information
You can view, edit or delete your personal data online by logging into the website and visiting the Account section. You can also choose whether or not you wish to be kept informed by us about various matters. If at any time you believe the personal data we have for you is incorrect, you may request to see this information and have it corrected or, if incorrect, deleted.
If you are not satisfied with our response, or if you believe that we are not processing your personal data in accordance with the law, you have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
Data retention period
DEVDEPT will retain your personal data for the entire time that you keep your account open. After you close your account and/or request your information to be deleted, we may retain your personal data:
- for as long as necessary to comply with any legal requirements;
- on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
- for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies;
- for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.
Personal data transfer, processing and storage
We process and store data about you on servers located in the United States. Your personal data may therefore, using appropriate security protocols, be transferred to, processed and stored in a country different from your country of residence, and be subject to privacy laws that are different from those in your country of residence. The personal data that we store is not highly sensitive and is required to conduct normal and expected business practices. We and all third-party companies with which we engage with have committed to complying with the 2018 EU GDPR privacy regulation for EU residents. Based on the Lawful basis definition, as defined by the EU GDPR regulation, DEVDEPT’s use and storage of minimal Customer personal data, the Legitimate Interests basis is the appropriate legal basis of data storage and use. It is a reasonable and expected use of customer and prospective customer data.
We also share personal information with certain companies, such as Mailchimp or Zendesk, that perform services on our behalf. We only share personal information which is necessary for them to perform those services. We require any company with which we may share personal information to protect that data in a manner consistent with this policy and to limit the use of such personal information to the performance of services for DEVDEPT.
The personal information that you provide in connection with the use of the website is protected in several ways. Access by you to your account privacy is available through a password and unique customer ID selected by you. This password is encrypted. You should strive to use a strong, alpha-numeric password which you should not divulge to anyone. Your personal information resides on secure servers that only selected DEVDEPT personnel and contractors have access to via password. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using Transport Layer Security (TSL) technology.
Applying for a role with us
We shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If DEVDEPT concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by DEVDEPT, the application documents shall be automatically erased two months after notification of the rejection decision, provided that no other legitimate interests of DEVDEPT are opposed to the erasure.
Children under the age of 18
We do not intend to collect personal information from anyone under the age of 18. If you are under 18, do not enter information on this website or engage with our services. If you believe a child of yours under the age of 18 has entered personal information, please contact us to have the data removed and terminate the child's account.
devDept Software S.r.l.
Via del Faggiolo, 1/11d
Bologna, BO 40132 - Italy
+39 (051) 619 7203
Changes to this privacy statement
Revised Dec 21, 2022
This policy applies to the technical support for all devDept Software S.r.l. (“DEVDEPT” or “we” or “our”) products.
We will provide support services to the licensee regarding the supported products in accordance with the nature of the support case.
All deliverables, documents and media provided to the licensee under this Support Policy are also subject to the terms and conditions of the software end user license agreement for the applicable software products by and between you and DEVDEPT (the “EULA”).
We will make reasonable efforts to achieve resolution of the support cases within shortest possible terms. Note that resolutions may involve a “workaround” to an issue that will allow continued use of the affected supported product or component.
What is included:
- Guidance for built-in features: the support service provides guidance and explanation for built-in features of the products. We provide clients with references to existing resources and code samples to demonstrate the intended use of the product API regarding a particular case. We also provide information on a proper configuration of the products and the accompanying tools.
- Troubleshooting: We are dedicated to assisting in diagnosing and troubleshooting warnings, errors and exceptions within the DEVDEPT products, and within customer code that is entirely generated by our tools.
- Bug Confirmation: the support service covers diagnosing and confirming bugs that appear to be in DEVDEPT products, code or automatically-generated code that is entirely created by our tools. In the process of investigating reports, we may request that clients isolate the issue in a runnable sample or code snippets and provide us with additional information such as steps to reproduce it.
- Workarounds: We are committed to suggesting workarounds, when available, for confirmed product bugs. Where possible, we also provide information on releases containing a fix for a bug or an implemented feature request. We facilitate clients' access to service packs and hotfixes and provide guidance to logging feature requests on the feedback portals.
- General Optimization Suggestions: clients can benefit from general guidance on performance improvements related to our products and tools. We also diagnose and confirm performance issues in our products. In doing so, we shall request that clients isolate the issue to a runnable sample and provide us with additional information such as steps to reproduce it.
What is not included:
- Custom Implementations: Client issues with products which are not setup in accordance with the official product documentation and system requirements. We may propose our best practices approaches, and offer clients advice based on general knowledge.
- Complete Implementations: Delivering full implementation and integration with the customer’s environment or third party products and tools based on specifications or wireframes. The same applies to guidance related to the implementation of application security or user authentication unless the task is directly related to existing security features of the DEVDEPT tools.
- Source Code Explanation: In-depth explanation of how and why the source code is implemented the way it is or guidance on how to modify or override the source code or use the internal product APIs in order to achieve specific custom behavior.
- Feature Implementations: The support service does not cover providing an alternative solution for a feature request or customer requirement that differs from the built-in behavior of a product. We may provide assistance in the form of best practices guidance and suggestions on how to approach similar scenarios.
- External Bugs: Debugging customers' or third-party programming code and addressing issues that derive from external libraries, assemblies and customers’ code.
- Performance Tuning: Analyzing custom code and implementations for performance issues and providing guidance for performance improvements in an environment where system or platform specific tuning is needed.
- Professional Services: Analyzing custom code, product training, and providing general guidance on best programming practices or performance optimizations over remote web assistance.
DEVDEPT does not guarantee that all support issues will be resolved. Bug reports and product feature suggestions are not considered support cases, and DEVDEPT is not obligated to acknowledge or address such bug reports and/or product feature suggestions.
Support Business Hours and Ticket Response Times
Standard Support: All licenses come with a 24 hours Ticket Response time (excluding weekends and public holidays in Italy). This means that we will provide an initial response (but not necessarily a resolution) to each support inquiry within 24 hours of receipt of such support inquiry and will use reasonable efforts to resolve the issue generating the inquiry as soon as possible.
Trial Support: Trial licenses come with a 24 hours Ticket Response time (excluding weekends and public holidays in Italy).
There are a few ways to request the support services depending to the type of license:
For an standard license the support services may be requested using:
- The ticketing support system available on the DEVDEPT’s website: It is accessible via the “My Account” section on devdept.com. Support inquiries are private and are visible only to the licensee and our support personnel.
- EyeshotTools utility application. Designed to simplify ticket creation and collect developer setup data, this application is always installed with the product setup.
For a trial license the support services may be requested:
- Via email to email@example.com
Scope of Support
Re-establishment of a working system on all support cases is of first importance to us. We will provide support services under the terms of this Support Policy and will use competent staff to provide such services. However, certain limitations apply as follows:
- DEVDEPT cannot ensure support staff having a specific knowledge regarding the licensee’s business or particular project
- DEVDEPT cannot guarantee that the support case will be resolved within pre-determined time frame, especially when changes to any supported product are necessary.
- It might be possible that the supported product has design limitations, which should not be considered a bug. In such instances, we will attempt to provide an alternative solution to minimize the impact of such design limitations, if possible.
- In no event we will provide support of any kind to end-users of licensee’s integrated products or any other licensee’s proprietary or third-party software
- In no event we will provide support for bugs caused by licensee’s negligence or fault or resulting from hardware malfunction or malfunction of software not covered by this Support Policy
- Consulting work, custom development and related services fall beyond the scope of the support and will be provided under terms and conditions to be additionally agreed upon between DEVDEPT and licensee.
- Support services are not available for modifications made to the supported product (including modifications to the supported product’s source code where permitted under the EULA) by any person or entity other than DEVDEPT
- Bug fixes and new features are generally only provided for the latest release version of the supported product. Workarounds for older versions may be provided in the ticketing system if they are technically possible, but we cannot guarantee that fixes are available for older versions and there is no warranty for any workarounds that are provided.
- DEVDEPT does not guarantee compatibility with browsers and third-party software or frameworks which were not available at the time the supported product version in use by licensee was first made generally available
Support Fair Usage Policy
DEVDEPT may limit or terminate licensee’s access to any or all of the support services available if licensee’s use of the support services is determined by DEVDEPT, in its sole and reasonable discretion, to be excessive.
Dealing with Abusive Behavior
Aggressive or abusive behavior includes language (whether verbal or written) that may cause DEVDEPT to feel afraid, threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. Inflammatory statements, remarks of a discriminatory nature and unsubstantiated allegations will also be considered abusive behavior. Where a licensee is aggressive or abusive, DEVDEPT may decide to:
- Advise licensee that their actions are considered offensive, unnecessary and unhelpful and ask them to stop.
- End telephone calls / appointments / meetings
- Terminate all direct contact with licensee
- Take any additional actions considered appropriate to the circumstances
Term and Termination
Unless otherwise agreed in writing, support becomes effective upon the shipment date of the supported products, and is available to the licensee until the expiration date of the support period.
Notwithstanding the above, support may be terminated in accordance with the terms of the EULA. In particular, support shall terminate immediately in the event that the license granted to the licensee is terminated for breach according to the provisions of the EULA.
Revised Dec 21, 2022