Legal

End User License Agreement

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READ THIS end user license AGREEMENT (“EULA”) BEFORE INSTALLING OR USING THE PRODUCT TO WHICH THIS EULA APPLIES. BY ACCEPTING THIS EULA, COMPLETING THE REGISTRATION PROCESS, AND/OR INSTALLING OR USING THE PRODUCT, YOU AGREE ON BEHALF OF YOURSELF AND YOUR COMPANY (IF APPLICABLE) TO THE TERMS BELOW.

IF YOU DO NOT AGREE WITH THESE TERMS, OR DO NOT HAVE THE AUTHORITY TO BIND YOUR COMPANY, DO NOT INSTALL, REGISTER FOR OR USE THE PRODUCT, AND DESTROY OR RETURN ALL COPIES OF THE PRODUCT.

UNLESS OTHERWISE SPECIFIED IN THIS EULA, DEVDEPT SOFTWARE S.R.L. IS THE LICENSOR OF THE PRODUCT. THE LICENSOR MAY BE REFERRED TO HEREIN AS “devDept”, “we”, “us”, or “our”. IF YOU ARE AGREEING TO THIS EULA ON BEHALF OF YOURSELF IN YOUR INDIVIDUAL CAPACITY, THEN YOU ARE THE LICENSEE AND YOU MAY BE REFERRED TO HEREIN AS, “you”, or “your”. IF YOU ARE AGREEING TO THIS EULA ON BEHALF OF YOUR COMPANY, THEN YOUR COMPANY IS THE LICENSEE AND ANY REFERENCES TO “you”, or “your” WILL MEAN YOUR COMPANY.

This EULA includes the following sections:

  • Definitions
  • General Terms and Conditions
  • Support and Updates
  • Intellectual Property Ownership
  • Third-Party Software
  • Nondisclosure
  • Disclaimers, Limitations of Liability
  • Indemnity
  • Miscellaneous
  1. DEFINITIONS

“APPLICATION DEVELOPMENT” means any development or debugging activity, including the use of debugger visualizers, and the use of designers to create and design user interfaces visually.

“DOCUMENTATION” means any technical instructions or materials describing the operation of the PRODUCT made available to you (electronically or otherwise) by us for use with the PRODUCT, expressly excluding any user blogs, reviews or forums.

“HOSTED SERVICES” means computer software program(s), content, and related services provided by us on a software-as-a-service basis through computers we or our Affiliates or our respective contractors (including cloud infrastructure suppliers) control.

“LICENSED DEVELOPER” means one of your employees or third-party consultants authorized to develop YOUR INTEGRATED PRODUCTS specifically for you using the PRODUCT PACKAGE in accordance with this EULA.

“PERMITTED END USER” means your own end-user licensees, including but not limited to, your employees to whom you license and distribute a Product (or portions thereof) solely as part of YOUR INTEGRATED PRODUCT in accordance with the redistribution terms specified in section 2.4. (Redistribution).

“PRODUCT” means the Product(s) or HOSTED SERVICES, as applicable, identified in an ORDER, and any UPDATES.

“PRODUCT PACKAGE” means the PRODUCT and the DOCUMENTATION, collectively.

“ORDER” means a written or electronic order document entered into between you and us (or an Authorized Reseller) for the PRODUCT. Unless an order says something different, each order will be governed by the terms of this EULA and include the name of the PRODUCT being licensed and any usage limitations, applicable fees, and any other details related to the transaction.

“OUR TECHNOLOGY” means any software, code, tools, libraries, scripts, application programming interfaces, templates, algorithms, data science recipes (including any source code for data science recipes and any modifications to such source code), data science workflows, user interfaces, links, proprietary methods and systems, know-how, trade secrets, techniques, designs, inventions, and other tangible or intangible technical material, information and works of authorship underlying or otherwise used to make available the PRODUCT, including, without limitation, all Intellectual Property Rights therein and thereto.

“RUNTIME USAGE” means executing YOUR INTEGRATED PRODUCT without any developer tool attached, including deployment and redistribution.

“UPDATE” means any update, enhancement, error correction, modification or new release to the PRODUCT that we make available to you.

“YOUR INTEGRATED PRODUCT” means those software applications which: (i) are developed by your LICENSED DEVELOPERS; (ii) add substantial functionality beyond the functionality provided by the incorporated components of the PRODUCT PACKAGE; and (iii) are not commercial alternatives for, or competitive in the marketplace with, the PRODUCT PACKAGE or any components of the PRODUCT PACKAGE.

  1. GENERAL LICENSE TERMS AND CONDITIONS
    • License Types. devDept grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA. The license type for the PRODUCT will, unless otherwise specified in this EULA, be one of the following license types:
      • Subscription license: devDept grants, upon payment of the applicable fees, a limited, non-exclusive, non-transferable, royalty-free license to install and use the functionality of the Licensed PRODUCT for your single concurrent internal use, and to design, develop and test any number applications that you create. Licenses granted are time-limited for APPLICATION DEVELOPMENT and perpetual for RUNTIME USAGE.
        • Subscription Period. Your right to use the PRODUCT under this Subscription is limited to the Subscription period identified in the ORDER. You may have the option to extend the Subscription. If the Subscription is extended, you may continue using the PRODUCT under the Subscription until the end of the extended Subscription period.
        • Expiration of Subscription Period. When the Subscription expires, all license-specific features of APPLICATION DEVELOPMENT will stop running, while RUNTIME USAGE will continue indefinitely.
      • Trial License: devDept grants a one-time right to install and use each major version of the PRODUCT for evaluation purposes, without charge, for thirty (30) days from the date of the installation (“Evaluation Period”). Your use of the PRODUCT during the Evaluation Period shall be limited to internal evaluation and testing of the PRODUCT for the sole purpose of determining whether the PRODUCT meets your requirements.
    • Restrictions.
      • Subscription license restrictions: Except as otherwise expressly permitted in this EULA, you will not:
        • copy, modify, adapt, translate, or otherwise create derivative works of the PRODUCT, DOCUMENTATION, or any software, services, or other technology of third-party vendor(s) or hosting provider(s) that we engage;
        • disassemble, decompile or “unlock”, decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover the source code or underlying structure, ideas, or algorithms of the PRODUCT except as expressly permitted by law in effect in the jurisdiction in which you are located;
        • rent, lease, sell, distribute, pledge, assign, sublicense or otherwise transfer or encumber rights to the PRODUCT;
        • make the PRODUCT available on a timesharing or service bureau basis or otherwise allow any third party to use or access the PRODUCT;
        • remove or modify any proprietary notices, legends, or labels on the PRODUCT or DOCUMENTATION;
        • use or access the PRODUCT in a manner that: (i) violates any Applicable Laws; (ii) violates the rights of any third party; (iii) purports to subject us to any other obligations; (iv)could be fraudulent; or (v) is not permitted under this EULA;
        • use the PRODUCT to develop, test, support or market products that are competitive with and/or provide similar functionality to the PRODUCT; or
        • permit your Affiliates to access or use the PRODUCT unless specifically authorized elsewhere in this EULA or the ORDER;
      • Trial license restrictions You may not create applications or begin software projects using the PRODUCT under the terms of the Trial license. You may not redistribute files in the PRODUCT distribution if using an evaluation or trial version of the PRODUCT.
      • Dangerous Use Restriction. You may not use the software in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems or any other activities where the failure of the software, including any Projects, could lead to death, personal injury, or severe physical or environmental damage.
    • Access to products. All deliveries under this EULA will be electronic. You must have an Internet connection to access your devDept Account and receive any deliveries. You are responsible for downloading and installing the PRODUCT PACKAGE, which is made available for download on the devDept website.
      • Your Account. To access and/or use the PRODUCT PACKAGE, you must register for a “devDept Account” and you will be required to provide certain information and you will either establish a username and a password or login with a devDept-approved authentication method.
        You are responsible for anyone who purchases or uses the PRODUCT through you or your devDept Account, and any act or omission of any such person that is not in compliance with these Terms will constitute an act or omission by you. In certain cases, LICENSED DEVELOPERS may be required to set up individual accounts or agree to applicable terms in order to use the PRODUCT, but you remain responsible for all activity that occurs via your devDept Account. You are responsible for safeguarding your password, and you may not disclose your password to any third party. You will immediately notify devDept of any unauthorized use of your account or the accounts of the LICENSED DEVELOPERS.
        Any information you provide to us must be accurate, current and complete, and you will update such information to keep it accurate, current and complete, and devDept may suspend or terminate your devDept Account in accordance with these Terms if any information you provide to us proves to be inaccurate, not current or incomplete.
        LICENSED DEVELOPERS can install the PRODUCT on an unlimited number of computers, as long as they are connected to the internet. Except as permitted herein, only one LICENSED DEVELOPER at a time may use the PRODUCT on a given device.
      • Documentation: the subscription license grants you the right to access the complete PRODUCT DOCUMENTATION only for the subscription period identified in the ORDER.
        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.
      • License Validation. We automatically check the version of any of our products. Devices on which the PRODUCT is installed periodically provide information to enable us to verify that the PRODUCT is properly licensed. This information includes the software version, the end user’s account details, product ID information, a machine ID, and the internet protocol address of the device. If the PRODUCT is not properly licensed, its functionality will be affected. By using the PRODUCT, you consent to the transmission of the information described in this section.
    • Redistribution. You are granted a royalty-free license to redistribute in binary form any components of the PRODUCT 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 PRODUCT or any part of the PRODUCT.
      You must include this copyright message: “Portion of copyright © devDept Software S.r.l. All Rights Reserved.” in YOUR INTEGRATED PRODUCTS in a location viewable by PERMITTED END USERS that will serve to protect our copyright and other intellectual property rights in the Products.
      The PERMITTED 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.
    • Payment Terms and Taxes. All fees payable to us are payable in Euro currency, are due within 30 days from the invoice date and, except as otherwise expressly specified herein, are non-cancellable and non-refundable. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that we must pay on such fees, except those based on our income. If you and we agree that you will pay by credit card, you will provide us with valid and updated credit card information and you authorize us to store such information and bill such credit card for all fees applicable at the time that you order the PRODUCT.
    • Term and Termination.
      • Term: The term of this EULA will commence upon your acceptance of this Agreement and it will continue through the end of the applicable Subscription period specified in the respective ORDER confirmation for APPLICATION DEVELOPMENT. RUNTIME USAGE will continue indefinitely.
      • Termination. We may terminate this EULA by written notice at any time if you do not comply with any of your obligations under this EULA and fail to cure such failure to our satisfaction within thirty (30) days after such notice. This remedy will not be exclusive and will be in addition to any other remedies that we may have under this EULA or otherwise.
      • Effect of Termination. Upon earlier termination of this EULA, your right to access and/or use the PRODUCT will terminate. You must immediately cease use of the PRODUCT and destroy all copies of the Software in your possession (and require any Permitted Third Parties to do the same).
  1. SUPPORT AND UPDATES
    • Support Policy: If we offer and you purchase support for the PRODUCT, or if you download the free trial license for the PRODUCT PACKAGE, then it will be provided in accordance with our then current support policies for the applicable PRODUCT in effect at the time of purchase or download. You may access our support policies located at: http://www.devdept.com/company/legal#support.
    • Subscription license. For any applicable period for which you have purchased the subscription, you will receive minor and major UPDATES for the PRODUCT, and will be entitled to receive the “Lite” or “Priority” support as determined at time of purchase and set forth on the ORDER. Your level of support (Lite or Priority) is determined at the time of initial license purchase. You may upgrade your level of support for individually purchased licenses at any time during an active subscription period, provided we continue to make such levels of support generally available. Any support level upgrades (if purchased) and all access to support and UPDATES thereunder will be bound to the term of the then active subscription Period (i.e. the renewal/expiration date of your subscription Period will not change as a result of the support level upgrade).
    • Trial License. Subject to the limitations and restrictions described in the Support Policy, you are entitled to enter support requests via our ticketing system with a 72-hour response time 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 PRODUCT 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.
    • Consent to Use of Data. You agree that we may collect and use technical information, excluding any confidential information, gathered as part of the PRODUCT support services provided to you, if any, related to the PRODUCT PACKAGE. 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. We may disclose this information, excluding any information explicitly declared as confidential information, to others but not in a form that personally identifies you.
    • Updates and Upgrades. During the license subscription period, you may be provided with UPDATES that you may install at your discretion. Your eligibility for UPDATES is determined by your license type: Subscription License grants access to UPDATES during the pre-paid subscription term.
      If this copy of the PRODUCT is an upgrade or UPDATE from an earlier version of the PRODUCT, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the PRODUCT to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the PRODUCT or transfer it to another person or entity.
    • Product Discontinuance. devDept reserves the right to discontinue the PRODUCT; any component of the PRODUCT, 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 us 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.
  2. INTELLECTUAL PROPERTY OWNERSHIP

The PRODUCT, OUR TECHNOLOGY, DOCUMENTATION, and all other current or future intellectual property developed by us, and all worldwide Intellectual Property Rights in each of the foregoing and all UPDATES, upgrades, enhancements, new versions, releases, corrections, and other modifications thereto and derivative works thereof, are the exclusive property of us. Except for the rights and licenses expressly granted herein, all such rights are reserved by us. All title and Intellectual Property Rights in and the content that may be accessed through the 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.

  1. THIRD-PARTY SOFTWARE

The PRODUCT may include third-party software, data or other materials that are subject to and provided in accordance with terms that are in addition to or different from the terms set forth in the EULA. Such terms may be included or referenced in or with such third-party software, data or other materials or a web page specified by devDept (the URL for which may be obtained on devDept’s website or on request to us). The list of third-party software, data or other materials may be amended from time to time.

  1. NONDISCLOSURE

Except as otherwise provided herein, each party agrees to retain in confidence all information and know-how transmitted or disclosed to the other that the disclosing party has identified as being proprietary and/or confidential or should reasonably be understood to be confidential given the nature of the information and the circumstances surrounding its disclosure, and agrees to make no use of such information and know-how except under the terms of this EULA. You will treat any information for the software as our confidential information and will not disclose, disseminate or distribute such materials to any third party without our prior written permission. Each party’s obligations under this section will apply during the term of this EULA and for five (5) years following the termination of this EULA. You shall notify devDept immediately upon discovery of any unauthorized use or disclosure of confidential information, and will cooperate with us in every reasonable way to help devDept regain possession of the confidential information and prevent its further unauthorized use or disclosure.

  1. DISCLAIMERS, LIMITATIONS OF LIABILITY
    • Disclaimers. THE PRODUCT PACKAGE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
      NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DEVDEPT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. YOU WILL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF USER CONTENT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, DOCUMENTATION AND ANY THIRD-PARTY MATERIALS, OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SOFTWARE, DOCUMENTATION AND ANY THIRD-PARTY MATERIALS.
    • 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.
    • Product Compliance with documentation. Except for evaluation or pre-release versions of the PRODUCT, we warrant to you that, for ninety (90) days from the start of the subscription period, the PRODUCT will comply with the applicable DOCUMENTATION in all material respects. Your exclusive remedy, and our sole liability, with respect to any breach of this warranty will be for us to use commercially reasonable efforts to promptly correct the non-compliance (provided that you notify us in writing within the warranty period and allow us a reasonable cure period). If we, at our discretion, reasonably determine that correction is not economically or technically feasible, we may terminate your license to the PRODUCT and provide you a full refund of the fees paid to us with respect to the PRODUCT or a refund of the prepaid fees for the unused portion of the license period. Delivery of additional copies of, or UPDATES to, the PRODUCT will not restart or otherwise affect the warranty period.
  2. INDEMNITY

You will indemnify and hold devDept harmless against any and all losses, liabilities, costs and expenses (including reasonable attorneys’ fees) suffered or incurred by devDept by reason of any claim, suit or proceeding arising out of or relating to: (a) User Content, (b) your access to or use of the PRODUCT, DOCUMENTATION and Third-Party Materials, including any Projects, Developed Materials or other results produced by such use, (c) your breach or any acts or omissions that, if true, would be a breach of these Terms (including any Commercial Terms or Additional Terms), and (d) your breach or alleged breach of any applicable law or regulation.

  1. MISCELLANEOUS
    • Entire Agreement. This EULA, and any terms expressly incorporated herein by reference, will constitute the entire agreement between you and us with respect to the subject matter of this EULA and supersedes all prior and contemporaneous communications, oral or written, signed or unsigned, regarding such subject matter. Use of any purchase order or other document you supply in connection with this EULA will be for administrative convenience only and all terms and conditions stated therein will be void and of no effect. Except as otherwise expressly contemplated in this EULA, this EULA may not be modified or amended other than in writing signed by you and us.
    • CaptionsAll indexes, titles, subject headings, section titles, and similar items are provided for reference and convenience and are not intended to be inclusive, definitive, or to affect the meaning or scope of this agreement.
    • Severability. If a particular term of this EULA is not enforceable, the unenforceability of that term will not affect any other terms of this EULA.
    • No Waiver: Failure to enforce or exercise any provision of these Terms is not a waiver of such provision, unless such waiver is specified in writing and signed by the party against which the waiver is asserted.
    • Export Restrictions. You acknowledge that the PRODUCT is subject to Italian export jurisdiction. You agree to comply with all applicable international and national laws that apply to the PRODUCT including the Italian Export Administration Regulations as well as end-user, end-use and destination restrictions issued by Italian and other governments.
    • Governing Law: The applicable law under the EULA is that of the country of devDept's registration. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
    • Data Privacy. By accepting this Agreement, you acknowledge that devDept will process personal data in accordance with our Privacy Policy (available at: https://www.devdept.com/Company/Legal#privacy ).

Version 2.0 | Last revised March 2024

Product Lifecycle

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.

Product
Released
Last SR
Support Expires
Eyeshot v2024 March 2024 September 2024 January 2027
Eyeshot v2023 April 2023 September 2023 January 2026
Eyeshot v2022 WinForms and WPF January 2022 September 2022 January 2025

Revised April 28, 2024

Terms of Use

The services that devDept Software S.r.l. (“DEVDEPT”) provides to you through the DEVDEPT websites are subject to the following Terms of Use ("Terms"). DEVDEPT reserves the right to update the Terms at any time without notice.

Please read these Terms carefully before using the DEVDEPT website. These Terms govern your access to and use of the website. If you do not agree to all of the Terms and privacy policy statement set forth below, do not use the website. By accessing or using the website, you and the business entity or the organization that you represent ("you" or "your") indicate your agreement to be bound by the Terms.

Scope

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.

Privacy policy statement

DEVDEPT is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see our Privacy Policy. Any personal information collected on this website may be accessed and stored globally and will be treated in accordance with the DEVDEPT Privacy Policy.

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.

Termination

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.

Indemnity

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.

Miscellaneous

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 notice

Copyright © 2006-2024 - devDept Software S.r.l. All Rights Reserved.

Trademarks

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

Privacy Policy

This privacy policy describes how devDept Software S.r.l. ("DEVDEPT" or "we" or "our") collects and uses personal data about you through the use of our websites, our products, and via email, text, and other electronic communications between you and DEVDEPT. DEVDEPT is the data controller for information provided directly by the individual or as a result of interaction with the platform.

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
    A cookie is a small, unique text file that a website can send to your computer when you visit a website. We may use session cookies, which terminate when a user closes his or her browser, and/or persistent cookies, which remain on the user's computer until manually deleted. Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely. If you do not want us to deploy cookies to your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie on your computer. Rejecting cookies may affect your ability to use 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
    DEVDEPT uses the personal information you provide in a manner that is consistent with this Privacy Policy. The personal data we collect from you is required to enter into a contract with DEVDEPT, for DEVDEPT to perform under the contract, to provide you with our products and services, and to provide you with license keys to our products. If you refuse to provide such personal data or withdraw your consent to our processing of personal data, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.

  • 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).

Marketing Communications

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.

Information security

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.

Contact information

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your personal data pursuant to applicable laws, or otherwise need to contact us, you may contact us using the contact information below or via the Contact Us page on our website.

devDept Software S.r.l.
Via del Faggiolo, 1/11d
Bologna, BO 40132 - Italy
+39 (051) 619 7203
info@devdept.com

Changes to this privacy statement

DEVDEPT reserves the right to amend the Privacy Policy from time to time at its sole discretion and will provide notice by email or on the website home page when we make material changes to this Privacy Policy. The version of this privacy statement will be identified at the top of this page by the revision date.

Revised Dec 21, 2022

Support Policy

This policy applies to the technical support for all devDept Software S.r.l. 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 End User License Agreement for the applicable software products by and between you and devDept (the “EULA”).

Support Services

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.

Definitions

Capitalized terms used but not defined in this Support Policy shall have the same meaning as in the EULA. When used in the Support Policy, the phrases within quotation marks in this section shall have the following meanings:

“BUGS” shall mean material differences between the operation of the Supported Products and the description of the operation of the Supported Products as provided in the applicable PRODUCT DOCUMENTATION.

“BUILT-IN FEATURES” shall mean a set of features available in a Supported Product. The list of features and their behavior is described in the PRODUCT DOCUMENTATION.

“devDept”, “us”, and/or “we” shall mean devDept Software srl or any of its affiliated companies, as might be the case.

“LICENSEE” or “YOU” refers to “Licensee” or “you” as defined in the EULA.

“PRODUCT DOCUMENTATION” shall mean devDept’ written instructions accompanying the Support Products and describing the Supported Products and their usage.

“SUPPORT CASE” shall mean the LICENSEE’s inquiry related to a Supported Product received through the official support channels as described in the section "Contact Procedures" below.

“SUPPORT PERIOD” means the applicable period of one (1), two (2), or three (3) years from the date on which LICENSEE has purchased a license for the Supported Product, or in the case of renewal, from the date on which LICENSEE has purchased a SUPPORT PLAN.

“SUPPORT PLAN” shall mean the applicable range of Support Services provided to the LICENSEE depending on the type of license purchased.

What is included:
  • Guidance for BUILT-IN FEATURES: the support service provides guidance and explanation for BUILT-IN FEATURE 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.
  • 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 that are not set up 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

Priority Support Plan: If the LICENSEE has purchased Priority Support Plan, it is entitled to Ticket Response time within 24 hours (excluding weekends and public holidays in Italy). This means that devDept 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 is reasonably possible.

Lite Support Plan: All licenses with Lite Support Plan come with a 72-hour Ticket Response time (excluding weekends and public holidays in Italy). This means that devDept will provide an initial response (but not necessarily a resolution) to each support inquiry within 72 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 Plan: Trial licenses come with a 72-hour Ticket Response time (excluding weekends and public holidays in Italy).

Contact Procedures

The LICENSEE shall provide sufficient information to devDept’s staff to allow it to investigate the SUPPORT CASE.

In order for devDept to provide the highest possible level of service and work to resolve an issue in a timely and appropriate manner, it is essential that the LICENSEE observe the correct procedures with respect to reporting an issue.

Support Services may be requested by the LICENSEE and respectively carried out through the ticketing support system available on the devDept’s website in the LICENSEE's account.

For a trial license, support services may be requested through the ticketing support system available on the devDept’s website in the user's account.

Support inquiries are private and are visible only to the LICENSEE and our support personnel.

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 specific knowledge regarding the LICENSEE’s business or a particular project
  • devDept cannot guarantee that the SUPPORT CASE will be resolved within a 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 the 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 the 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 the 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 the 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 the 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 the 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 the 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.

Last revised March, 2024