License agreement for software/services

Generalities： These terms and conditions govern the terms and conditions of use of the services and downloadable content provided by ONESTRUCTION, Inc. on this site. Users may use the services and downloadable content provided on this site in accordance with these terms and conditions.
Definition：
1. “ONEST”: ONESTRUCTION Inc. It is a company with a registered office in Tottori-shi, Tottori-ken – Japan – and the owner of the software product granted in the form of a License.
2. “this site”: This site refers to the website provided by ONEST, which can be accessed at the following URL: https://onestruction.com/
3. “Software License” means all the authorizations granted by the owner of the software product.
4. “License Agreement”: the agreement governing the license conditions between ONEST and the Subscriber.
5. “Licensee” means any natural or legal person purchasing the license of use for himself or another User.
6. “Users”: an individual user of the software. A user may be a person authorized by the licensee or the licensee.
7. “Freeware”: Refers to application software provided by ONEST, currently the “OpenAEC for bSDD”.
8. “Related services”: A set of services made available to the Licensee for the license’s validity period. The services may include (among other things) updates and evolutions, support, training, web services, and other software products.
9. “Activation Date”: the date from which the service period starts; the activation date coincides with the successful buying procedure (time and date are provided by the ONEST remote server that manages the program and is independent of the computer on which it is installed);
10. “Product Specifications”: Set of Technical Specifications of the product in question, including any services and supporting documentation (the product specifications are published on the website www. ONESTsoftware.com, the software product in question in the section);
11. “Device”: a physical or virtual hardware system with a storage device or a mobile device capable of running the software.
Software user license terms and conditions： Users may only use downloadable content on the Site if they agree to these agreements. By checking a box, you agree to these Terms and Conditions. The above License Agreement is granted on condition that the Licensee has obtained the Software from ONEST and respects the terms of this document. ONEST also reserves the right to modify the software product and related services without notice. The license agreement does not include the right to get the software in source code form or to dispose of its logic documentation and/or project. The updates will be incorporated in the new versions. If you use virtualization software to create one or more virtual devices on a single computer hardware system, each virtual device and the physical device will be regarded as separate devices in interpreting these conditions. You may access and use the software installed on the device remotely from any other device, provided that the software installed on the licensed device may not be simultaneously used locally by another user. If the software includes various applications, utilities, and components (Software Included), the Subscriber is obliged to use all the components that are part of the Software, and they must not separate the various components to use them on different computers. The licensee may not separate the Software components or repackage another software package for distribution, transfer, or resale. It is strictly forbidden for the Licensee to operate the program in debugger mode, making reverse engineering actions, decompile, disassemble, or attempt to discover the source code of the Software to modify, adapt or translate the software. Otherwise, the present License Agreement shall be resolved; make copies of the software, except as provided in this License to copy and/or modify any documentation (manual, videos, brochures, presentations, etc.) of this program without the permission of ONEST. The customer is entitled to make a backup copy of the software because it is not installed on any computer and is not used for purposes other than storage. ONEST does not provide any warranty on the use of the software. In particular, ONEST does not guarantee the use of the software or documentation results in terms of correctness, accuracy, reliability, update, or otherwise. The Licensee bears the entire risk related to the results and performance of the software.
Freeware： Freeware is software that ONEST distributes without any licensing fee. Freeware is subject to the present License agreement without prejudice to free use and distribution and, therefore, remains ONEST Software property. The distribution against payment of ONEST’s Freeware to a third party is strictly forbidden.
Services related to the use of software： Throughout both the license and trial period, ONEST grants the Licensee, or a user authorized by him, a package of services that may include, among others, software updates, training, and support, as well as web services. The service can be accessed from the PC on which it is installed. The related services are subject to periodic changes by ONEST, which will be reported through communication. As amended occasionally, such terms will become part of this License Agreement. ONEST reserves the right, at its sole discretion, to modify, add, or remove from time-to-time related services. ONEST does not guarantee that the services will always be available during the validity period. You may not distribute, rent, loan, sell, grant, sub-license, transfer, or deal in any other way related services (including, for example, the rights of an included software made available as a service) or share services with any other person or entity without the prior permission from ONEST.
Identification Credentials and Licensee Data： Access to some services (technical assistance, Forum, etc.) or other specific uses of the software requires that the user is identified by ONEST through a registration system. The licensee is fully responsible for maintaining the confidentiality of their credentials; Furthermore, it is fully responsible for all activity that occurs through its Account. The licensee agrees to notify ONEST immediately of any unauthorized use of their account or any other security breach. ONEST will not be responsible for any loss due to the opening of the Accounts by third parties, with or without knowledge. The licensee agrees that ONEST, or a third party authorized by ONEST to proceed with the distribution and services related to the product, can use the information and data provided. The licensee agrees to provide ONEST, an authorized distributor, or any other third party acting on behalf of ONEST with correct and updated registration information, even under request from ONEST software. The licensee also agrees to maintain and update their registration information through the registration process of any data made available by ONEST. By installing the software, the Licensee agrees that ONEST uses the personal information provided on registration or subsequently updated, to manage relations with the ONEST Licensee or use in any other circumstances such personal information in accordance with privacy rules available on the ONEST website. The acceptance of this License Agreement authorizes the automatic exchange of data and information between the software in the Licensee’s possession and ONEST servers to get better use while using the program and allow continuous improvement of services related to the product.ACCEPTING THE FOLLOWING LICENSE OR USING THE SOFTWARE / SERVICE, ALL TERMS AND CONDITIONS STATED HEREIN, AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACTIVATION AND USE FOR THE SOFTWARE FUNCTION PURPOSES ARE ACCEPTED.Some services related to the use of the software may only be accessible via the web (for example, Error & Request Form, etc.). These services may be subject to suspension depending or not depending on ONEST or cause beyond ONEST software’s control, being the servers subject to continuous maintenance. ONEST software, therefore, can never be considered responsible for the lack of or use of these services nor for the damage this could cause to the Licensee. The Licensee may not use these services in any way that could damage them or impair their use. The Licensee may not use the services to try to access to any authorized service, data, account, or network by any means.
The Transferring of LICENSES： Software Licenses for the subscription to software/services cannot, under any circumstances, be sold or transferred from one licensee to another for free, nor at cost for a fixed term or indefinitely. The same licensee may transfer the license from one device to another in accordance with the conditions of use contained herein. The transfers must be in accordance with the policies and procedures of ONEST and will be subject to the time schedule necessary to ONEST. Whenever the licensee transfers the license to a new device, the software will stop working on the previous device.
Service suspension： ONEST reserves the right to suspend the program / remote management service of the Application at any time and without prior notice to users to be able to implement the necessary maintenance tasks or to carry out technical interventions to enhance their operation. Nothing will be due to the possible failure of the program/service usage caused by network problems or malfunctions or any damage or malfunction that occurred on the computer of the recipient who is using the Application or related to connection services used by them.
Disclaimer of Warranties： ONEST allows the licensee to use the Software / Service in accordance with and as defined in this present document and by the Product Specifications. Software and related services are provided “as is” and “as available” with all defects and without warranty, explicit or implicit, of any kind, including warranties of satisfactory quality, title, non-infringement of intellectual property, or capacity for a particular purpose. ONEST does not guarantee that the procedures of this program meet the needs of the Licensee and that they work in any combination used by it, nor give any other warranty, express or implicit, regarding the user manuals, Video Tutorials, technical assistance, the Forum and the software; consequent risks arising from their use are at the expense of the licensee who has the burden and responsibility for the selection, installation, operation and management of the Program to achieve the pre-defined result. Unless expressly stated in its license agreement, within the permitted limits of the applicable law, ONEST gives no warranty of any kind, whether implicit or explicit, that the software and the services associated MEET THE NEEDS AND EXPECTATIONS OF USERS AND THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USING THE SOFTWARE AND RELATED SERVICES IS AT YOUR SOLE RISK.Archives and databases with the software are provided “as is” and “as available” with all defects and without warranty, explicit or implicit, of any kind, including warranties of satisfactory quality, title, non-infringement of intellectual property or capacities for a particular purpose.ONEST PROVIDES NO WARRANTIES AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE DATA IN THE ARCHIVES AND IN THE DATABASES AND DOES NOT GUARANTEE THAT THESE DATA WILL MEET THE NEEDS AND EXPECTATIONS OF USERS AND THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. THE USE OF ARCHIVES AND DATABASES IS AT YOUR SOLE RISK.
Limitations of Liability： ONEST in no case will be liable for any direct or indirect, special, consequential, or incidental, including loss of profits or revenues, business interruption, costs of goods replacement, loss or damage to data arising from the use or inability to use the software and related services, or damages arising from the use, even if ONEST has been informed of the possibility of such damages. Under no circumstances shall ONEST be liable for any direct or indirect damages, including loss of data or failure to achieve commercial opportunities and advantages resulting from the delay, malfunction or failure to use services and/or data and directly attributable to the malfunctioning of ONEST’s servers or circumstances beyond one’s control which is not dependent on the company, such as technical failures and interruptions of electrical connection services, telephone and computer, strikes, acts of vandalism and terrorism, disasters and natural disasters. Such limitations and exclusions shall apply regardless of whether such damage can be caused by a breach of contract or warranty, negligence, or other cause of service. The obligations and responsibilities of ONEST towards the Licensee are those defined in this document; therefore, in any case of breach or default attributable to ONEST, it will respond in accordance with these terms and conditions, remaining expressly excluded from any other compensation or damages to the Licensee for direct or indirect damage of any kind or nature. To the extent that the existing law does not prohibit such exclusions and limitations, in no event shall the total liability for all damages and losses, contract, strict liability, and fault (including negligence) ‘exceed the amount eventually paid in the last 12 months for the licensing of these products/services. The obligations and responsibilities of ONEST towards the Licensee are those defined in this document; therefore, in any case of breach or default attributable to ONEST, it will respond in accordance with the present license remaining expressly excluding any other compensation or damages to the Licensee for direct or indirect damage of any kind or nature. The Licensee acknowledges and agrees that in all cases where the user’s license does not apply, ONEST will respond only to the extent provided in this license and indicated therein. The Licensee acknowledges and agrees that in all cases in which this License Agreement does not apply, ONEST will respond only to the extent set out in these conditions.
Obligations and Licensee Rights： The Licensee has the right to use the product Software/service according to the specifications as per what has been defined in this present document and acknowledge that it is entitled to compensation only and exclusively where foreseen in the event of failure to comply with the same right with the exception of any other indemnity or compensation for any direct or indirect, of any kind or nature. The Licensee, also in the name and on behalf of third parties which might have allowed to use the Software / Service, agrees to use the Software / Service itself exclusively for licit purposes and allowed by law from the uses and, rules of diligence and in any case, without infringing any rights of ONEST and third parties, taking all responsibility in this regard. At the request of ONEST, the Licensee agrees to defend, relieve, and keep ONEST free of all liabilities, claims and expenses, including legal fees, that may arise from:
1. unauthorized use or misuse of the software, including any related services.
2. the infringement of intellectual property.
3. violation of this “license agreement.”As a condition of your use of the software, the Licensee expressly declares that it will not use the Software and/or related services for illegal purposes, prohibited or not foreseen under these Terms or any other ONEST policy ( “misuse”). The Licensee declares his awareness of being responsible for any costs incurred by ONEST or any other interested parties (including legal fees) due to “improper use” of the software and related services.Improper use includes, but is not limited to:
  1. Access or attempt to access the software and services fraudulently or gain unauthorized access to an account of another user;
  2. use the software and related services to spread or communicate inappropriate, defamatory, obscene, or illegal information, images, or content or to harass, stalk, threaten, or otherwise violate the legal rights of others;
  3. use the software and the related services so as to interfere with the use by other users.
  4. upload, or otherwise make available on the ONEST infrastructure, files that contain text, images, photographs, software, or other content owned by others in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights ;
  5. advertising, offering for sale, or buying goods, or using the software and related services for promotional purposes, except as expressly permitted by these Terms;
  6. take any action that imposes a large and unreasonable or disproportionately load on the infrastructure of ONEST’s network; or upload files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or other property;
  7. violate any ONEST policy or any applicable law or regulation.
Property Rights： ONEST or its licensors reserve all rights, title, and interest (including all intellectual property rights) relating to software and related services, including the content and the other information available of ONEST’s property (except, therefore, of any data entered by users). The ONEST’s rights are protected by laws and international copyright treaties, as well as by the laws and treaties on intellectual property. All rights not expressly granted in these terms are held by ONEST. The unauthorized use of the software and related services and their content may violate copyright, trademark, and other intellectual property rights and laws in general. The licensee acknowledges and recognizes that all technological achievements at the base of software and services are the property of ONEST software.
Validity and changes to license conditions： The conditions described in this document will be effective by the acceptance from the Licensee and will remain valid during the supply of software and services by ONEST. The Licensee acknowledges and agrees, however, that the Software / Service is characterized by constantly evolving technology; for these reasons and with the aim to improve constantly, ONEST reserves the right to change to improve the technical characteristics of the Service, of its related instruments and to vary the conditions of this License at any time, even after its acceptance, without giving rise to any obligations whatsoever on the Licensee.
Resolution： Either party may terminate this License Agreement if the other party is in default on its obligations provided for therein and no solution is found within 10 (10) days from the receipt of the written request. Alternatively, ONEST may suspend the fulfillment of its obligations to the Subscriber or the rights to this compete under this Agreement if it fails to execute even just one of the payments to ONEST or does not show compliance with the provisions of this Agreement. ONEST may terminate this Agreement if the subscriber is subject to bankruptcy proceedings, becomes insolvent, or enters into an agreement with its creditors. This Agreement shall be terminated automatically without any further notice or action by ONEST if the subscriber is put into liquidation. The Subscriber acknowledges and agrees that ONEST may assign or sub-contract its rights and/or obligations under this License Agreement. In the event of Termination or expiration of this Agreement, the rights and benefits granted hereunder will become extinct. Following termination or expiration, the Subscriber must stop any use of the Products and/or Services related to the Agreement that has been terminated or has expired. ONEST reserves the right to request satisfactory proof that all the products and/or services have been uninstalled or are no longer in use.
Acceptance of the License Agreement： THE LICENSEE IS OBLIGED TO READ THESE CONDITIONS BEFORE USING THIS SOFTWARE, INCLUDING RELATED SERVICES OR ANY OTHER MATERIALS. As for the “Free” version of the software, with the first use of the application, the present conditions of the “User” License will be deemed accepted by the Licensee. ACCEPTANCE OF THE LICENSE TERMS AND CONDITIONS OF USE, AS PERMITTED ABOVE, MEANS LOSING ANY RIGHT OF WITHDRAWAL FROM THE PURCHASE; THEREFORE, THE PROGRAM CANNOT IN ANY WAY BE RETURNED TO ONEST. If the Licensee does not intend to accept these Terms, the software and any related item or service cannot be used. ONEST reserves the right to update and modify at any time and its sole discretion the present Terms. The Licensee is invited to regularly check the following Terms to ensure no change has been applied. The continued use of the software and/or services, even after publishing changes to these Terms, will confirm the acceptance of such changes. These Terms constitute a binding legal agreement between Licensee and ONEST and have the same value as if they had been countersigned. A current copy of these Conditions is always available at https://onestruction.com/
Termination clause Expressed： ONEST, in its sole discretion, at any time without prior notice and without the exercise of this right and without being alleged of breaching the contract or violation of these Terms, reserves the right to: cancel the license and suspend all related services in case of:
1. default or even only a violation of the provisions contained in this License Agreement.
2. behavior is such as to create a well-founded and reasonable doubt or the non-fulfillment of this License or responsible for one or more violations of its conditions.
3. there are well-founded reasons to believe that the service is used by unauthorized third parties.
4. in case of events beyond one’s control or circumstances, at the discretion of ONEST, imposes you to urgently respond or resolve security problems or danger to the entire network and/or to persons or property; in this case, the Service will be restored when ONEST, at its discretion, has assessed that the causes which led to the suspension/interruption have actually been removed or deleted.
5. The User becomes involved, in any capacity, in any legal dispute or court of civil, criminal, or administrative authority and in any case if that dispute concerns the acts and conduct through the Service.
6. The suspension is requested by the judicial authorities.In case of suspension of the use of the software licenses, the Licensee shall immediately interrupt and uninstall the software and stop using all related services. In any case of license suspension attributable to the licensee, ONEST reserves the right to implement all the necessary actions for damages. ONEST accepts no responsibility for resolving the Licenses, the Account closure, and the disruption of services. ONEST also reserves the right to put in place all the means provided by law to protect their image and their rights.
Disputes： All disputes that may arise between ONEST and the User shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of ONEST.

ONESTRUCTION Inc.
#2-2 Esute-to biru5, 2-201 Motouomachi, Tottori-shi, Tottori-ken 680-0034 Japan
E-Mail: info@onestruction.com – Internet: https://onestruction.com/
Other rights:
Windows is a trademark of Microsoft.
All trademarks and products mentioned herein belong to their respective owners.
Document release data: 16/01/2024