END-USER LICENSE AGREEMENT
 
Please read this End­User License Agreement ("EULA") carefully before downloading or using the software Ftool (?SOFTWARE?), and all services (SERVICES) related to the SOFTWARE and provided by Faculdade Católicas, a non-profit organization, supporting institution of the Pontifícia Universidade Católica do Rio de Janeiro (?PUC-Rio?). Using this software, you automatically agree and accept the terms and conditions established in this EULA.  If you do not agree with this EULA, do not download or use this SOFTWARE and its related services.
This EULA regulates the legal relationship between individuals or legal entities (?USER?) and Faculdades Católicas, a non-profit Association, declared of public utility by Federal Decree nº 43.454/58 and recognized as a charitable purpose by the National Social Assistance Council, registered under nº 20081202-1626028, on January 9, 2009, Civil Registry of legal entities (CNPJ-MF) under nº 33.555.921/0001-70, Municipal inscription nº 00.819.271, supporting institution of the Pontifícia Universidade  Católica  do Rio de Janeiro, qualified by the Department of Regulation and Supervision of Higher Education, as Community Institution of Higher Education (ICES) on November 12, 2014 (Ordinance nº 679), with headquarters at Rua Marquês de São Vicente 225, Gávea, Rio de Janeiro, RJ, for the use of Ftool Software Program (?SOFTWARE?), including its systems, Internet sites and any other services (?SERVICES?) provided by PUC-Rio. 
PUC-Rio and the USER are hereinafter jointly referred as PARTIES.
  
I. GLOSSARY

 a) EULA-End User License Agreement: this License Agreement for End-User.
 b) USER: individual or legal entity using the SOFTWARE.
 c) SOFTWARE: the "Ftool" product found in electronic site www.ftool.com.br in two versions: BASIC VERSION and ADVANCED VERSION.
 d) PUC-Rio: Pontifícia Universidade Católica do Rio de Janeiro, maintained by FACULDADES CATOLICAS, non-profit entity, SOFTWARE copyrights and trademark owner.
 e) INTELLECTUAL PROPERTY: ownership arising from copyright, including software, trademark, patent, know-how, business secrets, among others, pertaining to SOFTWARE owner.
 f) LICENSE: authorization granted by PUC-Rio to the USER to use the SOFTWARE under the conditions set forth in this EULA.
g) BASIC LICENSE: authorization that is free of charge and granted to students, professors and researchers to use the SOFTWARE in its BASIC VERSION, with non-profit purposes. 
 h) ADVANCED LICENSE: authorization that must be purchased and is granted to individuals or legal entities to use the SOFTWARE in its ADVANCED VERSION. In the case of ADVANCED LICENSE, each license authorizes installing the SOFTWARE in one device.
 i) SERVICES: bug repair and SOFTWARE improvements. 

II. LICENSE AGREEMENT
 
1.  The use of the SOFTWARE requires careful reading of this EULA. Therefore, to use the SOFTWARE and the services provided by PUC-Rio, the USER declares reading, understanding and agreeing to all conditions or provisions of this EULA, thus this instrument constitutes the entire agreement between the PARTIES.
 2.  Individuals and legal entities that disagree with the content of this EULA are not authorized to use the SOFTWARE.
 
III. SOFTWARE USE LICENSE
 
3.  PUC-Rio, owner of the commercial exploitation rights of the SOFTWARE, grants the USER a revocable, non-exclusive and non-transferable SOFTWARE license.
 4.  The USER does not acquire under this EULA any SOFTWARE intellectual property rights, including patent, industrial design, trademark, copyright, know-how, confidential information or business secrets.
 5. SOFTWARE rights that are not explicitly granted by this EULA are exclusively owned by PUC-Rio.
 6.  This EULA comprises two types of license: i) BASIC LICENSE - free of charge and with the characteristics described in the GLOSSARY; ii) ADVANCED LICENSE - paid and with the characteristics also described in the GLOSSARY.
 7.  The USER shall not use and allow the use of the SOFTWARE for any other purpose besides the one described in his license acquisition type.
 8.  This EULA does not grant the USER the right to access other software besides the ones that originally integrate the SOFTWARE.
 9.  In no event will USER have access to the SOFTWARE source code, therefore any attempt to access or unauthorized access shall be deemed a violation of the terms of this EULA and of intellectual property laws. 
  
IV. PAYMENT
 
10.  The BASIC LICENSE USER does not owe payment of the annual fee to PUC-Rio, as long as the USER respects the terms and conditions of this EULA.
 11.  The ADVANCED LICENSE USER shall pay in advance to PUC-Rio or to third parties authorized by PUC-Rio, the annual fee as established and described in the internet site www.ftool.com.br. 

V. USER OBLIGATIONS

 12.  USER obligations are:
 i) Maintain access to broadband Internet;
 ii) Establish official communication with PUC-Rio through the website www.ftool.com.br;
 iii) Maintain a valid e-mail address registered at the website www.ftool.com.br for notification purposes;
 iv) Pay the annual fee as established for the ADVANCED LICENSE; 
 v) Be able on his own or by means of a qualified team to operate the SOFTWARE and notify PUC-Rio in case of any specific problem related to SOFTWARE malfunctioning;
 vi) Deliver the necessary documentation and information in order to solve eventual problems related to the SOFTWARE malfunctioning;
 vii) Take liability for any and all information or content inserted in the SOFTWARE, registration, permissions, passwords and its costumers mode of use, exempting PUC-Rio from any liability of information inserted by the USER;
 viii) Select, among the security level options offered by the SOFTWARE, the one deemed suitable for protecting data and information transiting through the SOFTWARE, exempting PUC-Rio from any liability arising from his choice;
 ix) Use the SOFTWARE only and exclusively for its intended purpose, safeguarding PUC-Rio from any responsibility arising from improper use.
 
VI. PUC-RIO OBLIGATIONS
 
13.  PUC-Rio obligations are: 
 i) Maintain the SOFTWARE functioning regularly, provided that the USER follows its instructions and comply with the use terms defined in this EULA, and at the website www.ftool.com.br;
 ii) Make every effort to promptly correct possible SOFTWARE faults;
 iii) Apply continuous improvements to the SOFTWARE in the version acquired by means of this EULA, changing, when necessary, previous specifications and guidelines;
 iv) Suspend access to the SOFTWARE in case of violation or breach of the rules of this EULA or applicable law, regardless of notice;
 v) Maintain absolute confidentiality of information provided by the USER.
 
VII. LIMITED WARRANTIES.

 14.  Technical Configuration Requirements:  The current technological status does not allow PUC-Rio to ensure that the licensed SOFTWARE, developed on platforms of different providers, does not present errors, inaccuracies, vices and defects, or that the operation will run continuously. 
 15.  Since the SOFTWARE was developed to meet different demands from different users, PUC-Rio does not ensure that the SOFTWARE will meet a specific demand. 
 16.  PUC-Rio does not ensure that the SOFTWARE is compatible with any other software.
 17.  The USER acknowledges that the SOFTWARE should not be used in environments in which fault, unavailability, delay, error or inaccuracy of content may result in death, personal, physical or environmental damage. 
  
VIII. LIABILITIES
 
18.  Under no circumstances, PUC-Rio?s full liability regarding the USER shall surpass the sum paid by the USER to PUC-Rio to purchase the LICENSE. 
19.  PUC-Rio is exempt from liability by virtue of damage caused to the USER or their clients arising from SOFTWARE misuse, either by the USER or their clients or third parties that might have gained access to the SOFTWARE through USER. 
 20.  PUC-Rio shall not be liable for acts of omission, measures not taken by institutions, and/or other companies that have the responsibility for executing them. 
 21.  PUC-Rio shall not be liable for functioning faults or equipment inoperativeness by virtue of conflict between a software and the SOFTWARE.
 22.  PUC-Rio shall not be liable for operating faults, non-authorized personnel operation or any other cause where there is no PUC-Rio?s fault.
 23.  The USER also acknowledges that, under no hypothesis, the indicators provided by the SOFTWARE shall or may be the only cause of administrative errors; therefore, the USER shall never attribute this liability to PUC-Rio. 
 24.  The PARTIES agree that the use, inadequate or not, of the SOFTWARE, shall never be the cause of losses of any kind, including but not limited to the following: loss of profit, sporadic or not, loss of business, or any other loss, including technical ones such as corrupted or deleted data, files not transmitted or received.

IX. INTELLECTUAL PROPERTY
 
25. This EULA does not transfer to the USER and their clients or third parties, which might have gained access to the SOFTWARE through them, any intellectual property rights over the SOFTWARE, therefore access to the source code is forbidden. 
 26. The SOFTWARE and trademarks associated to it, manuals, technical documentation or any other material referring to the SOFTWARE are protected by intellectual property rights rules, which determines its ownership. 
 27. The USER and their clients or third parties that might have gained access to the SOFTWARE cannot assign, donate, rent, sell, lease, borrow, reproduce, modify, adapt, translate the source code, provide online access to third parties, remote access or any other way, incorporate into other programs or systems, owned by them or third parties, offer as guarantee or pledge, dispose or transfer, totally or partially, the SOFTWARE or part of it. 
 28. The USER is fully liable for any infringement of SOFTWARE owner intellectual property rights caused by their clients and/or third parties, which in anyway are associated to the USER.
 29. Any rights that are not expressly licensed by this EULA belong to PUC-Rio. 
 30. Any model or result obtained with the use of the SOFTWARE belong to the USER, and PUC-Rio has no liability over it.
 31. The violation of the SOFTWARE owner intellectual property rights shall subject the USER to immediate suspension from using the SOFTWARE and the termination of this EULA, without entitlement to any refund or indemnity by PUC-Rio. Safeguarding, however, PUC-Rio right to reimbursement of possible damages.
  
X. TERM AND TERMINATION
 
32.  This EULA shall enter into force from the date of acceptance by the USER, and shall be in effect for 01 (one) year.
 33.  This EULA may be terminated at any time by any PARTY, provided it gives notice of termination with 30 (thirty) days in advance. When termination is motivated by the USER, there shall be no refund of payment made to PUC-Rio. When the termination is motivated by PUC-Rio, the sum corresponding to the missing months for terminating the relation shall be refunded.
  
XI. GENERAL PROVISIONS.
 
34.  Tolerance to non-compliance of obligation by any of the PARTIES does not entail novation or resignation to right, and at any time it shall be required performance of obligation. 
 35.  It does not constitute contract termination the non-compliance of obligations under this agreement due to facts independent of the will of the PARTIES, such as the ones that comprise unforeseeable circumstances and force majeure set out in Article 393 of the Brazilian Civil Code. 
 36.  This EULA obliges the PARTIES and their successors. 
 37.  PUC-Rio may at any time assign all or part of the rights and obligations provided by this EULA. 
 38.  The nullity or ineffectiveness of one or more clauses of this EULA does not annul or withdraw the effectiveness of other clauses.
 39.  To improve the SOFTWARE, PUC-Rio may use information obtained through the SOFTWARE, provided it is for the specific purpose of studying, analyzing data, produce statistics, and always without displaying personal or commercial identification of the USER.
 40.  PUC-Rio reserves the right of assigning SOFTWARE licenses to as many USERS as it deems convenient. 
  
XII. LAW AND COURT FOR DISPUTES 
 
42.  This EULA shall be interpreted pursuant to the Laws of the Federal Republic of Brazil.
 43.  The Parties hereby elect the District Court of Rio de Janeiro to settle any conflict arising from the execution of this EULA, with express waiver of any other.

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