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TiberCAD License Agreement

The following general conditions of license (hereinafter, “the General Conditions”) shall apply to any license granted to any licensee (hereinafter, “The Licensee”) of the software “TiberCad” (hereinafter “The Software”) elaborated and owned by Tiberlab s.r.l., an Italian company, with its principal place of business at Via del Politecnico 1, Rome (Italy), Fiscal Code/V.A.T. n. 10250021002 (hereinafter, “The Licensor”). Licensee accepts the General Conditions of license by downloading the Software and/or by subscribing and send the request form attached to this General Conditions of license.

 

1. Definitions In this agreement, the following terms shall have the meaning described below:

the General Conditions: this general conditions of license;
the Request Form: the attached form that the Licensee must sign in order to purchase a onerous license;
the Agreement: this agreement made of General Conditions and Request Form;
the Software: the Licensor property Software named “TiberCad” as described in this General Conditions;
the Documentation: the Software-related documents which are property of the Licensor and are downloadable with the installation files and/or sent to the Licensee;
the Term: the term of duration of the Agreement;
the License: any License of the Software regardless of the kind of license actually granted by the Agreement;
the Internal Operations: the use of the Software by Licensee employees or those of Licensee subsidiaries or parent companies and for the performance of consulting or research for third parties who engage the Licensee as an employee or independent contractor;
the Academic Licenses: any License granted for academic purposes and not for commercial or production use.

2. The Software. Licensor is the author and the exclusive owner of the Software, an integrated platform for computer-aided design of electronic and optoelectronic devices whose technical features are described in the Documentation.

3. License grant and License formats. During the term of this License, Licensor grants to the Licensee a non-exclusive, non-transferable, limited license to install, run, use, operate and perform the Software and Documentation as provided herein.

The License can be granted in one of the following formats:

A) Free Trial (FT) license: with FT license, a named single Licensee can install, run, use, operate and perform the Software, in only one workstation and for at most one concurrent session, for a not renewable evaluation period of 30 (thirty) days from the date of installation. FT license is only to test the Software and is not suitable for commercial, production and/or research use. FT License does not grant to the Licensee the right to access or use the Software over a network or with a remote access system.

B) Stand Alone (SA) license: with SA license, , by paying the fee as indicated in the request form a named single Licensee can install, run, use, operate and perform the Software, on only one workstation and for at most one concurrent session, for a period of 1 (one) year from the date of installation. Licensee may replace the named user for the license, on a temporary or permanent basis but no more than 4 (four) times a year, provided that only one licensed user is designated as the named user at any given time. SA license grants to use the Software and the Documentations for commercial, production and/or research use. SA License does not grant to the Licensee the right to access or use the Software over a network or with a remote access system.

C) Multi User (MU) license: with MU license, by paying the fee as indicated in the request form, a named single user (Administrator) can install, run, use operate and perform the Software even over a network or a remote access system, and can also grant the same rights to up to 10 (ten) named users in its research group or company for a period of 1 (one) year from the date of installation. MU license grants to use the Software and the Documentations for commercial, production and/or research use.

All the terms and conditions in this Agreement shall apply to any format of License if not expressly referred to one or more formats of License. Regardless of the format of License granted, Licensee shall use the Software only for Internal Operations. Licensee also shall not disclose any characteristics or technical capabilities of the Software to any third party without prior written authorization from Licensor.

4. Academic Licenses. The above mentioned formats of License can be granted for a reduced fee as Academic Licenses to academic institutions which accepts to use the Software only for academic purposes (i.e. research, teaching, education and experimentation) and not for commercial or production use.

Academic Licenses can be granted only to public or private universities, technical schools, research entities or single named students or researchers enrolled in those institutions working on a thesis or a diploma work as long as the use is restricted to the thesis or the diploma work .

5. Limitations of the License. The following limitations shall apply to any format of License.

Licensee shall not decompile, reverse engineer, disassemble, isolate, separate, or otherwise attempt to derive source code from the Software, except only for the citizens or the companies based in the European Union and to the extent that such activity is expressly permitted by applicable law (art. 64-quater of the Italian Copyright Law, L. 633/41) notwithstanding this limitation. All copies of Software and Documentation shall contain all copyright and proprietary notices as in the original. Licensee shall not remove, obscure, or alter copyright notices, trademark notices, or other proprietary rights notices affixed to or contained within the licensed Software or Documentation.

The License granted herein applies only to the object code version of the Software. Licensee shall have no rights whatsoever with respect to the source code for the Software.

Licensee may not sell, license, sublicense, rent, or distribute the Software, the Documentation or any part of them, or make it available for use on a “time sharing” basis.

 

6. License for third party software. Licensor has been granted with licenses to distribute certain third party software. As a condition of those licenses, Licensor is required to distribute the software subject to specific terms and conditions, which may be different from or additional to those contained herein for the Software. The current applicable provisions of such third party software are available in the ThirdPartySoftware.txt file downloadable with the installation files and available in the reserved area of the web site www.tiberlab.com. A breach of any applicable term or condition of any third party license, even if such term or condition is not stated expressly in the ThirdPartySoftware.txt, shall also be considered a material breach of this Agreement.

 

7. Download and installation. Once the License is granted and the payment or the down payment is received by Licensor according to the conditions provided in the Request Form, Licensor will let the Licensee download the files containing the Software from the reserved area of the web site www.tiberlab.com. The reserved area will be made accessible from the Licensee by following the logon procedure described in the web site itself. Licensee may make a backup copy of the Software and Documentation as reasonably necessary to support the use of the Software in accordance with this Agreement. Licensor shall offer technical support by the e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it exclusively regarding the download and installation.

 

8. Updates and new releases. During the License period, Licensor may release, at its discretion, one or more updates of the Software. Updates will be made available in the reserved area of the web site www.tiberlab.com or sent to Licensee. Once the update is installed, Licensee cannot run or use anymore the previous version of the Software, except as a part of the updated Software. Subsequent releases of the Software could be available, at Licensor’s discretion, paying the correspondent fee.

 

9. Maintenance and support. Software maintenance includes exclusively technical support by the e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it regarding the download or the installation of the Software. Any other maintenance or support will be available by request paying the correspondent fee as long as Licensor will offer such services.

 

10. Limited warranty. Licensor guarantees that it is the owner or the licensee of the Software and that has the right to grant the license rights hereunder; that for a period of ninety (90) days from delivery (“Warranty Period”) the Software shall conform in all material respects to their functional specifications in the Documentation. If the Software does not operate as warranted and this is notified to the Licensor within the Warranty Period, the exclusive remedy for the Licensee and the sole liability of the Licensor shall be (i) the correction or workaround of major defects within a reasonable time, or (ii) termination of the License and refund of the initial license fee paid to Licensor. All requests for warranty assistance should be directed to TiberLab s.r.l., Via del Politecnico 1, 00133, Rome (Italy). Once the Warranty Period has expired, Licensor support and assistance will be available paying the correspondent fee.

Except as expressly provided above, the Software and the Documentation are provided “as is” without warranty of any kind, express or implied, including without limitation, warranties of merchantability, non-infringement, design, operation, and fitness for a particular purpose, and the entire risk as to the quality and performance of the Software is with the Licensee. Neither the Licensor nor its licensors warrant that the Software will be error-free, uninterrupted, virus-free, secure, and suitable for the needs of the Licensee, able to produce specific results, or that errors or failures will be corrected. Licensee acknowledges and accepts that he/she/it has relied on no warranties or promise other than the express warranties herein.

Licensor shall have no liability or obligation to Licensee hereunder for any infringement based upon (i) the combination of the Software with any other software, hardware or other products not developed by Licensor, (ii) the use of other than a current, unaltered version of the Software, (iii) any use of the Software for other than its intended purpose, (iv) modifications, improvements and derivative works of the Software created by or on behalf of Licensee, or (v) if Licensee breach this Agreement for failure to pay the amount due.

In no event Licensor or its licensors shall be liable to the Licensee or to third parties for any consequential, exemplary, special, incidental or punitive damages, including without limitation, third party claims and loss of profits, data, or any other loss, even if the Licensor should have been advised of the possibility of such damages. In any event, the Licensor should be liable solely for its fraud or deep negligence and Licensee accepts that in this case the maximum liability of the Licensor, regardless of any of its act or omission, shall not in total exceed the aggregate amount paid to the Licensor in the six-month period preceding the Licensee claim(s), and for such purposes, all claims shall be aggregated. Licensee agrees to indemnify, defend, and hold harmless the Licensor and its affiliates, successors, officers, directors, employees and representatives against and from any and all actions, claims, demands, costs, liabilities, losses, expenses (including reasonable attorneys’ fees and court costs, whether incurred as the result of a third party claim or a claim to enforce this provision) and other damages arising out of or in connection with any and all third party claims relating to any use of the Software by the Licensee and any of its act or omission, including third party claims related to Licensee’s activities pursuant to this Agreement.

 

11. Intellectual property rights and confidentiality. All rights, titles and interests in and to the Software, including without limitation, copyrights, trademarks, domain names and trade secrets, are, and shall at all times remain, the exclusive property of Licensor, and Licensee shall have no right, therein, except the expressly limited License rights granted herein.

Licensee acknowledges and accepts that all rights with respect to the Software, whether now or hereafter existing, which are not expressly granted to it are reserved to Licensor or its licensors. Licensee shall not modify or create any derivative, compilation, or collective work involving the Software. Licensee acknowledges and accepts that the Software contains trade secrets and other valuable and confidential information of Licensor and its licensors, and shall not act, or fail to act, in any way or manner to intentionally or negligently harm Licensor’s or its licensors’ rights in its or their respective intellectual property in the Software and the Documentation.

The Software and the Documentation, together with any other information learned in connection therewith that should reasonably be considered confidential under the circumstances, are “Confidential Information”. Licensee shall disclose Confidential Information only on a need-to-know basis to its employees. Licensee may not disclose any Confidential Information to a third party; and shall use all reasonable care to keep the Confidential Information confidential. The above confidentiality obligation shall not apply to Confidential Information which: was in possession of the Licensee before he/she/it received it; is or becomes publicly available through no fault of Licensee or is independently developed by Licensee without reliance on the Confidential Information; is received by Licensee from a third party with no duty of confidentiality to Licensor.

12. Assignment and transfer. Licensee may not assign or otherwise transfer this Agreement and its rights and obligations, in whole or in part, by operation of law or otherwise without the prior written consent of Licensor. In case of any permitted assignment or transfer of or under this Agreement, this Agreement or the relevant provisions shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and assigns of the parties hereto. Licensor may charge Licensee an administrative fee for any permitted assignment.

 

13. Termination and expiration. Licensor may terminate this Agreement by written notice to Licensee if Licensee breach any relevant condition of the Agreement and have not cured such breach within 15 (fifteen) days thereafter: for this purpose shall be considered relevant conditions the provisions of articles 3, 4, 5, 6, 10, 11 and 12. Immediately upon termination of this Agreement for expiration of the term or for any other reason, (a) Licensee rights shall cease and all rights granted herein shall automatically revert to Licensor; (b) Licensee shall stop using the Software and Documentation; (c) Licensee shall erase all copies of Software from its computers and deliver to Licensor or destroy all tangible copies of the Software and Documentation; (d) Licensee shall pay all amounts due to Licensor. Expiration or termination of the Agreement shall not relieve a party of obligations accrued before such event. In addition, the provisions of articles 5, 9, 10, 11 and 15 shall survive termination or expiration of this Agreement.

14. Miscellaneous. Should any clause of the Agreement be void, Licensee will discuss and negotiate with Licensor in good faith a valid clause in substitution. Licensor may revise the General Conditions of the License from time to time: revisions are effective upon receipt of notice from Licensor if he/she/it does not prefers to recede from the Agreement within 30 (thirty) days from notice.

All notices and other communications which either party hereto is required or may desire to give to the other, shall be given by addressing the same to the other at the address hereinafter set forth in this paragraph, or at such other address as may be designated in writing by any party in a notice to the other given in the manner prescribed in this paragraph. All such notices shall be deemed given when sent so addressed by certified or registered mail, postage prepaid or by hand delivery, with proof of receipt, or by a reputable express delivery company which requires proof of receipt. Any notices can also be sent via e-mail, understanding that the sender shall keep a return receipt. The addresses to which the foregoing shall be given are the following. If to Licensor: via del Politecnico 1, 00133, Rome (Italy), fax no. +39.06.72597939, e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If to Licensee: to the address and e-mail indicated in the Request Form and/or in the logon procedure in order to download the installation files.

 

15. Governing law and exclusive jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of Italy. All disputes arising out, of or in connection with this Agreement shall be under the exclusive jurisdiction of the Italian Court in Rome, Italy.