LICENZA D`USO di SOFTWARE
Contents
1. SOFTWARE LICENSE OF USE Whereas The software covered by this agreement was developed by software house TROLL SpA Via Pisa 4 37053 Cerea VR P IVA C F Companies Registry of Verona 02539580239 that granted to ICI CALDAIE S p a the exclusive right to sub license the software EtermPcManager that hereinafter shall be referred to as the software and its subsequent updates patch or release for consideration to third parties a ICI CALDAIE S p a with headquarters in Zevio VR via G Pascoli 38 fraz Campagnola through its legal representative pro tempore hereinafter referred to as licensor by means of this contract intends to establish the terms and conditions of use of the software that shall be respected by the licensee hereinafter referred to as user IT IS HEREBY STIPULATED AND AGREED 1 Premises and attachments The premises and the attachments are part of this license agreement The attachments are available on the web site and on the computer after the installation of the software 2 Purpose a under the conditions established by this agreement the licensor grants the user the right to use the software the features of which are indicated in the user manual attached in compliance with the uses and functions for which it was designed that are also listed in the user manual b the software may be installed only on one hardware platform of which the user has a legitimate use identified whe2. Payment The fee for this license is agreed as indicated on the website at the time of purchase and registration of user profile 5 Duties of the Licensor The licensor exclusively guarantees that the software complies with the technical and functional features described in the user manual and therefore it can be used for the purposes established by this license For the purposes specified in the previous paragraph during the lifetime of this license agreement updates of software or patch may be released However the warranty referred to in point a of this article depends on the original proper functioning of the hardware platform and of its operating system as well as on the circumstance under which the user performs the updates and installs the patches provided by the licensor upon communication via mail provided when the license was acquired In order for the support system described above to be effective at the time of purchase the user must compile the user profile with his her data if the user changes his her email address stated at the time of acceptance of this license agreement after the compilation of the user profile he she must notify the licensor at the following e mail address Regarding the express prohibition of acts of reverse engineering referred to at letter e of art 4 of this license agreement the licensor may provide upon written request the information necessary for achieving interoper
3. ability with other software of the user created independently in compliance with the requirements of art 64 quarter l n 633 41 6 Warranty and responsibility of the licensor a The licensor ensures that the software will operate in accordance with the technical and functional features described in the annexes of this license agreement and therefore shall be responsible only for the faults of the software that make it unsuitable for the established uses unless this fault is caused by a malfunction of the user hardware platform or by improper compliance to the minimum system requirements indicated in the user manual However this warranty shall be void if the fault of the software is caused by an accident improper and non compliant use or misapplication The licensor disclaims any other warranty expressed or implied and he will not be held responsible for direct or indirect damages derived from the use or non use of the software suffered by the user or third parties without prejudice to the law relating to the liability of the manufacturer d Inany case the responsibility of the licensor under this license will be limited to an amount corresponding to the amount paid for the purchase of the license e Any other modification to the software made by the user shall make the warranty void Assignment of the contract The licensor may at any time assign this contract to third parties assignment for which the use
4. gations and restrictions for the user 5 lett c Duties of the licensor 6 Warranty and responsibility of the licensor 7 Assignment of the contract 8 Termination Clause 9 Software Deletion 10 Property 12 Place of Jurisdiction
5. n this license was accepted that has the minimum system requirements needed for proper functioning of this software as specifically identified in the user manual c this non exclusive license is not transferable to third parties and it is forbidden for the users under penalty of immediate termination of the contract to loan rent lease or otherwise transfer whether free of charge or for a fee the software or its backup copy 3 Software use obligations and restrictions for the user a The user agrees to use the soffware in compliance with the methods indicated in this agreement and in its attachments b The user is allowed to make a backup copy of the software only if such copy is required for the agreed use in accordance with the requirements of paragraph 2 of art 64 ter 1 no 633 41 c It is forbidden for the users to accomplish without the prior written consent of the licensor any of the activities referred to in points a and b and c of Art 64 bis ln 633 41 even when such activities are necessary for the use of the software for its intended purpose including the case of correction of errors in the same d Ifthe user fails to request the authorization referred to in the previous paragraph of this Article the contract will be terminated automatically e The user will not be able to perform any operation of reverse engineering on the software except those indicated by art 64 quater of l n 633 41 4
6. r pays henceforth express consent Termination Clause a Prejudice to the rights of the licensor and its right to compensate for further damages the same if the user does not comply with the obligations indicated in Art 2 and 3 of this license may rescind the contract pursuant to Art 1456 cc b In particular the licensor is entitled to assert the termination clause if the user a grants the use of the software to third parties for any reason a makes copies of the software unless otherwise provided by Art 64 ter 1 n 633 41 a performs without previous written authorisation from the licensor any of the activities indicated in Art 64 bis l n 633 41 a performs reverse engineering operations unless otherwise provided by Art 64 quater n 633 41 9 Software Deletion If this contract is to be dissolved for any reason the user agrees to delete the copy of the software and any backup of it 10 Property a The software licensed for use and the technical and functional documentation attached are property of the licensor and of his suppliers b The title and intellectual property rights related to the contents that may be accessed through use of the software are the property of their respective owners and may be protected by copyright or other laws relating to industrial property c with this license is not granted any right regarding the mark on the software d the licensor reserves all righ
7. ts on the software not expressly covered by this contract 11 Processing of the Personal Data a By accepting this license agreement both parties shall pay mutual consent to the processing of personal data concerning in the manner prescribed by law decree 196 03 for purposes related to this Agreement and for the fulfilment of the legal and contractual obligations arising from the same b The parties have the rights mentioned in Art 7 of Legislative Decree 196 03 including the right to know their data request their integration edit delete for violation of the law and or object to their treatment 12 Place of Jurisdiction The Parties agree that for any dispute that may arise in relation with this license shall be referred exclusively to the Court of Verona 13 Applicable law and final clauses a This license shall be governed by the laws of the Italian State also those regarding the copyright b For any matters not covered by this license the parties shall refer to the provisions of the law with particular reference to the rules of the Civil Code as well as of the Leg Decree 633 41 and subsequent modifications However as and where necessary in accordance with and for the purposes of Art 1341 and 1342 of the Civil Code the parties declare that they specifically approve this license agreement after having carefully read the following articles of the agreement 2 Purpose 3 Software use obli
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