This Agreement is hereby made between you, provided that you are an individual, who are reading this text on the screen of your PC, also referred as the "User" hereinafter, and the company CVBase AG, with registered office in CH-9008 St. Gallen (Switzerland), 61 Goethestrasse, hereinafter referred to as "CVBase".
By installing and using the programs, data, dictionaries, formats and documentation of DCV Digital Curriculum Vitae software - hereinafter referred to as "DCV Software" - you are indicating your acceptance of the provisions set forth herein below, including those printed on the outside of the DCV Software package ("Royalty Free License Agreement"), if this DCV Software was received by you on an original magnetic media.
IF YOU DO NOT AGREE WITH SUCH PROVISIONS, YOU ARE HEREBY BOUND TO REFRAIN FROM USING THE DCV SOFTWARE AND TO CANCEL IT FROM THE MEMORIES OF YOUR COMPUTER AND TO PROMPTLY RETURN THE DISK(S) TOGETHER WITH ACCOMPANYING MATERIAL AND DOCUMENTS IF YOU RECEIVED THIS DCV SOFTWARE ON ORIGINAL MAGNETIC MEDIA.

SINCE THE LICENSE IS FREE OF CHARGE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CVBASE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF THE DCV SOFTWARE REMAINS WITH THE USER.

The DCV Software is a computer program which gives Users (individuals) a power tool for producing, printing, updating, saving and transmitting a personal curriculum vitae (personal data, education, working experience, etc.) in a digital format (DCV Format), which fully responds to company and employment consultant needs as regards present or future placement of personnel and therefore wishes to create and maintain a database of CV’s that serves to trace candidate profiles. Information provided by User, by way of DCV Software, are registered in a computer file with extension ".dcv", hereinafter referred to as "DCV Document".
The DCV Software can be freely downloaded from the official CVBase website: www.cvbase.com.
For bug reporting and feedback reporting User may refer to the official CVBase website.
Data, information, companies’ and individuals’ names used in examples included in the Software are fictitious unless otherwise noted.

(a) CVBase hereby grants Users (individuals) accepting this Agreement a limited, non-exclusive, non-transferable, royalty-free license to use the DCV Software for private and personal use only. Use of the DCV Software for any purpose whatsoever, except private and personal use, is expressly forbidden and it shall be considered a software piracy which infringes laws on protection of intellectual property rights and author rights.

(b) Under this Agreement the User is entitled to carry out the following operations and activities:

• Use the DCV Software solely for the personal and private purpose of producing and keeping his own Curriculum Vitae updated (personal data, education, working career, etc.) in DCV Format.
• Use the DCV Software on any computer.
• Copy the DCV Software onto a hard disk and reproduce the Software in order to have more than one copy.
• Print his own DCV Document on paper and send it to everybody.
• Download from official CVBase website www.cvbase.com the Address Book which contains the updated list of employers, recruiters, job advertisement service providers and database service providers (hereinafter collectively referred to as Recipients) whom adopted DCV Documents as media for feeding their CV database.
• Send his own DCV Document, by way of The Internet or floppy disc, to the Recipients.
• Reproduce the DCV Software, make unlimited copies of the DCV Software and give free copies, excluding commercial purpose, to other persons, accepting the terms and conditions of this agreement, provided that each copy contains the Royalty free License Agreement for DCV ® Digital Curriculum Vitae, the same copyright and other proprietary notices and any disclaimer of warranty that appear on or in the DCV Software. The license agreement, copyright notices, other intellectual property notices and any notice that refers to the absence of any warranty are contained in the DCV installer program; so as long as the User does not alter the installer program in any way the User will be in compliance with this agreement.
• Register himself as User of DCV Software at CVBase official website www.cvbase.com/dcv/user

(c) CVBase is entitled to make improvements and/or changes in the DCV Software and in the DCV format at any time without notice. Said improvements and/or changes (and the products or programs derived therefrom) shall remain the exclusive property of CVBase.

2) Confidential or proprietary information
CVBase does not want to receive confidential or proprietary information from the User.
Should the User respond with information, feedback, questions, bug reports, test results, comments or suggestions, any such response, shall be deemed not to be confidential and CVBase shall be free to reproduce, use, disclose and distribute the response to others without limitation. By sending CVBase any information or material, User grants CVBase an unrestricted, irrevocable license to use, reproduce, display, exploit, modify, transmit and distribute those materials or information, except personal information. Said license also grants to CVBase the right to use any ideas, concepts, know-how or techniques that User sent to CVBase, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques, subject, in any case, to possible pre-existing copyrights and other rights of ownership of third parties. CVBase will not utilize such information in a form that personally identifies User.

Should the User include in a DCV document, characters strings representing study titles, economic activities, occupational titles, organizational units, organizational charts and other dictionary items which User deems to have been missed in the provided dictionaries included in the DCV Software, any such characters string shall be deemed not to be confidential and CVBase shall be free to reproduce and use those characters string, without limitation, for any purpose, including business purposes and Software development.

3) Restrictions and Obligations regarding the User
The read programs of the DCV Format form the subject-matter of a specific License which is not included in this Agreement and which is only given by CVBase to legal entities.
The User therefore acknowledges that the DCV Software does not necessarily produce data or results that can be read, used or reprocessed by the User by means of other computer programs.
The User acknowledges that he is not in possession of the specific License relating to Computer Programs which read DCV Format and third party DCV Documents and consequently undertakes not to reverse engineer, modify, decompile or disassemble the DCV Software, including the DCV Format, nor to create software works derived by the DCV Software.
User undertakes to keep secret and not to disclose to any third party the passwords used, by way of the DCV Software, to protect his DCV Document(s).

4) Warranties
4.1) CVBase took all due care in creating the DCV Software but, since the product is freely distributed, it disclaims all warranties, either express or implied, in regard thereto, including but not limited to warranties of fitness for specific purposes and merchantability. In no event CVBase shall be liable for any damage suffered by the User arising out from original or intervening defects of the DCV Software, or depending upon the use, performance or non-performance of the DCV Software, even if CVBase has been advised in advance of the possibility of such damages.
Since the DCV Software is freely distributed to anybody by CVBase, CVBase shall not be held liable for and disclaims any other further warranty in case the User received the DCV Software from any other subject (either individual or legal entity) against any payment in money or in any kind.
If the Software is contained in a disk and such disk is found to be defective, any request for replacement must be sent by the User to the company or entity which supplied such disk.
No warranty is hereby given by CVBase for disks that are not original disks and are not supplied by CVBase.

4.2) The User agrees that CVBase will not be liable in any event for any loss of income by the User or with regard to any claim made by any third party against the User, unless it concerns alleged violation by DCV Software, of pre-existing patent rights or copyrights.

5) Copyright and Trademarks
Copyright © 1999 CVBase AG. All rights reserved.
The DCV Software including, but not limited to, the methodology for collecting information from a candidate and making it available to Recipients, the DCV Format, the DCV Document, the DCV file, the methodology and the methods for putting in place a computer based system to match the labor offer with the labor demand, is owned by CVBase or its suppliers, it has been deposited and is protected by US copyright and other international laws and treaties in Switzerland and/or other Countries.
CVBase(R), the CVBase logo, DCV(R) Digital Curriculum Vitae, the DCV logo and Curriculum Elettronico(R) are registered trademarks of CVBase in Switzerland and/or other countries. Other product names and company names mentioned in the Software may be the trademarks of their respective owners.
The User shall refrain from removing or altering any trademark, trade name, serial number, indication of copyright or other notice reserving rights affixed to or inserted in the DCV Software and/or its medium and/or the package.

6) Patents
Patent Pending 1998 CVBase AG. All rights reserved.
CVBase System - including but not limited to, the methodology for collecting information from a candidate and making it available to recipients of various types (private companies, public bodies, agencies, associations, database service providers, universities, etc.), the format of the DCV file, the rules and techniques used for putting in place a computer based system to connect the labor offer with the labor demand - is Patent Pending.

7) Sending of data to third parties, sole liability of the User and express authorization
While using the DCV Software User may be notified about how his personal information is used by each category of Recipients and whom his personal information is shared with.
While transmitting a DCV document to a Recipient via The Internet, by way of the built-in transmission capability, DCV document does not pass through any CVBase’s computer server nor CVBase receives copy of said DCV document. The transmission by The Internet is done by way of standard SMTP e-mail protocol, from User directly to Recipient, through the e-mail computer server which was indicated by User. During said transmission CVBase will receive - in a form that personally does not identify the User or may be linked to the User - those characters strings which User has notified as missed in the provided dictionaries included in the DCV Software
The User shall decide at his sole discretion as to the persons and/or entities to whom the information relating to and/or constituting User's curriculum is to be sent and shall be fully and solely liable for such decision. The User shall also be fully and solely liable for the sending of or failure to send such data. Furthermore, the User hereby expressly authorizes the Recipients to keep such information in their archives and to use it, in accordance with the regulations and for the purposes and within the limits permitted by law.

8) Release from liability
In addition to that which is established in relation to the express authorization provided for in Clause 7 above, it is hereby agreed that if the User transmits his own data to third parties, even if he makes use of the DCV Software in so doing, the User releases CVBase in any event from any liability in any way connected with or deriving from the use and/or holding of such data by third parties.

9) Applicable law, jurisdiction and venue.
This Agreement is governed by Swiss law. Any controversy arising out of this agreement shall be subjected to the exclusive jurisdiction and venue of the Courts of Zurich, Switzerland.

10) Export Restrictions
User acknowledges that DCV Software may include technologies subject to export restrictions of the U.S.A. User confirms that with respect to DCV Software, User will not download it at a location, nor export or re-export it, directly or indirectly, in any way whatsoever, to any Country subject to export and re-export restrictions imposed by U.S. law and/or Swiss law.
User furthermore undertakes to indemnify and keep CVBase harmless from any claim deriving from User’s non compliance with such restrictions contained in U.S. or Swiss laws and regulations.

11) Termination and license revocation
Without prejudice to any other rights, this Agreement and the license granted hereunder shall terminate automatically if the User fails to comply with the terms and conditions described in this Agreement. No notice shall be required from CVBase to effect such automatic termination.
In addition CVBase reserves the right to terminate this agreement and the services rendered by way of the DCV Software with a 30 days advance notice to be given on CVBase’s official website www.cvbase.com.
Upon termination of this Agreement, User shall cease use of the DCV Software and shall destroy all copies of the DCV Software in his possession.

12) U.S. Government Restricted Rights
The DCV Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government of the United States of America is subject to restrictions as set forth in subparagraph (c) (1) (ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or 252.211-7015, or at subparagraph (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is CVBase AG, with registered office in CH-9008, St. Gallen (Switzerland), 61 Goethestrasse.

13) Express approval
The User hereby declares that he has fully understood and accepts the provisions of this Agreement, including the provisions printed on the outside of the Software package ("Royalty Free Software License Agreement"), if this Software was received by the User on an original magnetic media.

IF YOU DO NOT AGREE WITH THE AFORESAID PROVISIONS, YOU ARE HEREBY BOUND TO REFRAIN FROM USING THE SOFTWARE AND TO CANCEL IT FROM THE MEMORIES OF YOUR COMPUTER AND TO PROMPTLY RETURN THE DISK(S) TOGETHER WITH ACCOMPANYING MATERIAL AND DOCUMENTS IF YOU RECEIVED THE SOFTWARE ON ORIGINAL MAGNETIC MEDIA.