USER LICENSE


PLEASE READ THIS USER LICENSE BEFORE INSTALLING THE SOFTWARE. INSTALLING THE SOFTWARE 
WILL ENTAIL A FULL ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN. 
IF YOU DO NOT AGREE WITH THEM DO NOT INSTALL THE SOFTWARE.
THE ACCEPTANCE OF THIS USER LICENSE DOES NOT GRANT ANY DIFFERENT RIGHT 
NOT PROVIDED IN THE SAME.


TERMS AND CONDITIONS


1.- Assignment of the right of use.

APLITOP, S.L. is the owner and holder of the economic rights of the software called “TcpTunnel”, 
hereinafter “the SOFTWARE”, whose functions are described in the User’s Manual.

APLITOP, S.L. hereby grants the natural person or legal entity who has acquired the SOFTWARE, 
hereinafter “Licensee”, a nontransferable, nonexclusive and limited license to use the SOFTWARE in a 
computer system with features described in clause three (3), for the duration of intellectual property rights 
therein and the terms and conditions set forth in this License.

2.- Materials handed over.

APLITOP, S.L, hereby hands over to the Licensee a CD/DVD, or an electronic file where appropriate, 
containing the application’s manual and the program’s usage standards in the form of a deposit.

Furthermore, the SOFTWARE is handed over to the Licensee with an authorization code.


3.- Description of the computer system.

The SOFTWARE has been designed and prepared to run on a personal computer or on a mobile 
device connected to a digital total station, both accredited by APLITOP, S.L.

APLITOP, S.L. shall not be held liable for the SOFTWARE’s malfunction if the required configuration 
was totally or partially varied without the previous advice of APLITOP, S.L.


4.- Guarantee and liability.

A guarantee period of two (2) years is provided, counting from the date of receipt of the SOFTWARE, 
understood as the delivery note date, or if the SOFTWARE was acquired in electronic device, from the 
date the download occurred.

APLITOP, S.L. hereby guarantees to the Licensee the repair or replacement of any physical support or electronic 
file that could have defects that prevent the SOFTWARE from working properly or any defective printed materials. 
If they have to be replaced, the Licensee should provide APLITOP, S.L. with such materials. Under no circumstances a 
replacement will be given if the Licensee would not have previously returned the original materials. 
If the replacement is not possible, the Licensee may choose between the reimbursement of the cost or a 
proportional discount thereof.

Any repair tasks shall always be performed at the Offices of APLITOP, S.L. by the companies technicians and as 
quickly as possible. Should the program be substituted, the time elapsed since the program was originally handed 
over shall be subtracted from the guarantee period. 

This guarantee will not apply in case the defects of the SOFTWARE result from the abuse or misuse, alteration or 
manipulation of the SOFTWARE without the prior written authorization of APLITOP, S.L., or for reasons attributable to
 the Licensee and/or third parties not belonging to APLITOP, S.L.

APLITOP, S.L. hereby guarantees the Licensee that the licensed program will run substantially, that is to say work in the 
way described in the User’s Manual, whereas APLITOP, S.L. undertakes to solve any problem that may affect the 
substantial running of the program. Given that the software is a live product undergoing a continuous process of enhancement 
and improvement, there could be variations between the described functionalities in the User’s Manual and the 
way the version of the acquired SOFTWARE works.

In any case APLITOP, S.L. is responsible for any direct or indirect damage that could arise from the misuse of the SOFTWARE. 
If multiple SOFTWARE licenses have been acquired to be used on local networks or multiuser systems, the 
Licensee will be responsible for the use made by third parties, and undertakes to incorporate a reasonable mechanism or 
process to ensure that the number of concurrent users of the SOFTWARE does not exceed the number of acquired licenses.

APLITOP, S.L. shall not be held liable for any running errors or damages arising from a breach of the obligations inherent
 to any user, such as: making back-up copies of the program and of the data files generated by its continued use; the program’s 
and the computer’s proper installation; the good condition of the computer system; the installation of an uninterruptible 
power supply system equipped with a voltage stabilizer; controlling access to the program or avoiding unauthorized 
people or those lacking expertise from handling the program; contracting periodic hardware and software maintenance 
services; preventing viruses and other malicious code from being installed in the same hard disk; as well as any 
other reasonable preventive measures.

APLITOP, S.L. shall not be held liable for any deficiencies of the correct running of the licensed SOFTWARE. 
This guarantee does not cover lost, stolen or accidentally damaged material misused or modified without authorization. 
The Licensee hereby undertakes to avail itself at its own cost of an insurance policy covering the SOFTWARE 
and its associated materials against loss, theft and damage.

APLITOP, S.L. shall not be held liable for the undertakings or promises made by people not belonging to its company, 
nor for any erroneous expectations regarding the program’s functionality.

In any event, the Licensee does hereby accept that the SOFTWARE constitutes a work tool designed to 
complement but not replace human work. Hence, APLITOP, S.L.’s liability for any damages directly 
imputable to the program Licensed shall be limited to its price.

Once the guarantee period has finalized, the Licensee shall not be entitled to any coverage.


5.- Intellectual property.
 
The Licensee hereby recognizes APLITOP’s Intellectual Property rights over the SOFTWARE. Those rights protect the 
computer program, the technical documentation and the User’s Manual. The Licensee likewise recognizes and 
agrees that the SOFTWARE is protected by copyright under the Spanish act and the legal provisions of international 
treaties to which Spain is party.
 
Likewise the Licensee recognizes that the SOFTWARE has not be licensed for its reproduction, transmission to another 
system, modification, adaptation, maintenance, transformation, error correction, assignment, sale, rental or loan, and 
hereby undertakes not to partially or wholly assign its use in any way whatsoever. The Licensee also undertakes 
that it may not transmit, license or sublicense, any of the entitlements over the software Licensed by virtue of this 
License, and shall not disclosure, publish or make it available to any third parties, except for employees of its 
company that may have to use it.
 
The Licensee shall not reverse engineering, decompile, disassemble or translate the SOFTWARE in any way, 
without the prior written authorization of APLITOP, S.L.
 
The actions consisting of installing, loading, presenting, executing and viewing the SOFTWARE for the 
Licensee’s own use shall not require APLITOP, S.L.’s authorization, and it shall be construed that each of 
these activities refer to a single computer.
 
The Licensee may make one (1) single back-up copy that may not be used under any circumstances and it shall 
be stored under the Licensee’s safekeeping with the single aim of saving information.
 
The loss of the original program or of the back-up copy for any reason whatsoever shall not entitle the Licensee 
to claim its replacement, reimbursement or any other kind of compensation.
 
The Licensee hereby recognizes that all industrial and intellectual property rights included in the SOFTWARE 
are the exclusive property of APLITOP, S.L. and that the Licensee shall not acquire any rights whatsoever over
 the aforementioned industrial or intellectual property by virtue of this agreement.
 
Should prevailing legislation concerning intellectual and industrial property and fair trading be breached, APLITOP, S.L., 
reserves the right to exercise any actions it may deem appropriate to defend its own interests.
 
Under no circumstances shall APLITOP, S.L., be held liable for the violation of a third party industrial or intellectual 
property rights as a result of the SOFTWARE’s use by the Licensee in breach of APLITOP, S.L. stipulations or instructions.
 
 
6.- Other services.
 
In addition to the services set forth herein, APLITOP, S.L. may, at the Licensee’s request, perform programming 
tasks and provide any advice that may be necessary to adapt the SOFTWARE to its company’s peculiarities and 
any new needs that may arise with its use. Such services shall be invoiced pursuant to the prevailing time rates.
 
The Licensee may sign a maintenance and updating agreement for the SOFTWARE, which will contain the 
conditions and services provided by APLITOP, S.L.
 
 
7.- Termination of the License.
 
This License will be valid until the expiration of the SOFTWARE copyrights, i.e. until these rights fall into the public domain.

APLITOP, S.L. reserves the right to resolve this License in case the Licensee fails to observe or perform any of
the terms contained in it, as could be, by way of information without limitation, fraudulent use or misuse of the SOFTWARE, 
without generating any rights in the benefit of the Licensee. In this case, the Licensee agrees to return the 
SOFTWARE to APLITOP, S.L., with all the material that APLITOP, S.L handed over to the Licensee, including
all documentation, copies and/or extracts thereof that can have in its possession. The Licensee likewise undertakes 
to delete all copies of the SOFTWARE and related documentation. The restrictions set forth in this License 
shall be in force after such termination.
 
 
8.- Jurisdiction and Applicable Law.
 
This User License shall be governed by Spanish law.
 
If any provision contained in this User License is held to be invalid, unenforceable or illegal to any extent, this User License 
and all its other clauses shall continue with full force and effect.
 
The parties hereto agree, expressly waiving any other forum available to them, to submit to the jurisdiction and 
authority of the Courts of Malaga (Spain) any dispute arising in connection with this User License.
 
