This service provision and user license agreement, hereinafter the "Agreement", exists between the Customer (hereinafter "Customer") and the "SOFTVISION di De Ioris Mauro" (hereinafter "SOFTVISION") and relates to the Softvision Agenda web application (hereinafter "WEB APPLICATION"), which includes access through personal credentials / accounts (user and password) to the WEB APPLICATION and may include printed material and "online" or electronic documentation.
By using the WEB APPLICATION, the Customer agrees to be bound by the conditions of this contract. If the Customer does not accept the terms and conditions of this contract, then he will not be able to access and use the WEB APPLICATION.
1) USE LICENSE GRANT.
SOFTVISION grants the Customer the non-transferable, not further sub-licensable, non-exclusive right up to the established deadline to use the WEB APPLICATION, and to extend this right to its suitably identified collaborators by creating access credentials ( user and password). License fees must be paid based on the economic offer for each enabled account.
2) COPYRIGHT OF THE WEB APPLICATION.
The WEB APPLICATION is owned by SOFTVISION and is protected by copyright and industrial property laws, by the provisions of international treaties and by all other applicable national laws. SOFTVISION owns the name and other intellectual property rights inherent in the WEB APPLICATION. The WEB APPLICATION is licensed, it is not sold. Consequently, the Customer is required to treat the WEB APPLICATION like any other material covered by intellectual property rights. Manipulation, alteration, conversion, decoding, decompiling, disassembly or in any case creation of derivative products or based on the WEB APPLICATION or on parts of it are illegal.
3) WARRANTY LIMITS.
The Limited Warranty provided below is the only express warranty granted to the Customer. Except for the warranty limits and to the extent that this is permitted by applicable laws, SOFTVISION provides the WEB APPLICATION "as is" and with possible defects and does not recognize any warranty, expressed or implied, including, by way of by way of example, any implied warranties or conditions relating to marketability, suitability for a specific purpose with the exception of the services indicated below, reliability or availability, accuracy or completeness, results, absence of viruses, and lack of negligence or expertise in relation to the APPLICATION WEB.
4) EXCLUSION OF LIABILITY FOR INCIDENTAL, INDIRECT AND OTHER DAMAGES.
To the maximum extent permitted by applicable law, SOFTVISION will under no circumstances be liable for any special, accidental, moral, indirect or consequential damages or other damages of any kind including, without limitation, damages for loss or loss of earnings, loss of confidential information. or other, business interruption, physical damage, loss of privacy, failure to comply with obligations including that of behaving in good faith or with reasonable diligence, negligence or other economic or other loss, arising from the use or inability to use the product or in any other way related to use
of the WEB APPLICATION or in any case in combination with any provision of this contract, even in the event of an error, wrong (including negligence), absolute responsibility, breach of the contract or of the guarantee of the SOFTVISION even in the event that the SOFTVISION has been notified the possibility of such damage occurring.
In no case will SOFTVISION be liable for violations of the law committed by the Customer.
5) PROCESSING OF PERSONAL DATA AND REGULATIONS FOR THE PROTECTION OF THE CONSUMER.
If the Customer uses the WEB APPLICATION to carry out personal data processing of third parties, the data may
be entered in the WEB APPLICATION only after obtaining the necessary authorization from the interested party. The client,
by entering the data in the WEB APPLICATION, it explicitly declares that it has collected, processed and stored the data in accordance with what
provided by the European Regulation 2016/679 on the protection of personal data (GDPR), as currently in force,
warning the interested party that the data will be visible by SOFTVISION for reasons related to the proper functioning of the WEB APPLICATION e
which will be treated with "cloud" technology. Furthermore, he declares to have informed the interested party that SOFTVISION will be able to use such data anonymously and in aggregate, also for commercial purposes.
Any document model that is provided by SOFTVISION to the Customer is for guidance only and cannot imply any liability for SOFTVISION.
By signing this contract, the parties acknowledge that they have mutually authorized each other to process their data for
purposes related to the provision of the service and the related administrative and accounting activities.
All the rules referred to in this contract will also apply to all subsequent versions or additions of the WEB APPLICATION possibly provided by SOFTVISION.
The price for the concession of use of the WEB APPLICATION and for the provision of services connected to the WEB APPLICATION is that indicated in the economic offer.
This contract is valid for a minimum of three months, or that provided for in the economic offer, if higher.
SOFTVISION undertakes to maintain, directly or through "cloud" technology, the data entered by the Customer for a period of 12 months after the termination of the effects of the contract.
The Customer authorizes SOFTVISION to keep these data in consideration that the maintenance takes place in the exclusive interest of the Customer, in the event that a new contract identical or similar to this one should be entered into.
For customers who take advantage of the free plan, the contract automatically terminates after 3 months of using the system.
This Agreement is effective until terminated or terminated. The Customer may withdraw from this Agreement at any time, provided that it destroys all copies of the documentation and credentials
for access to the WEB APPLICATION.
SOFTVISION also has the right to immediately terminate this Agreement in the event of a serious breach by the Customer of any important condition provided herein,
including failure to comply with the privacy legislation or due to the use of the WEB APPLICATION for purposes unrelated to this contract.
In the event of termination, the Customer undertakes to destroy the documentation and all access credentials to the WEB APPLICATION.
10) ALL-PURPOSE OF THE CONTRACT.
If a court or other competent judicial body in any country deems a provision of this Agreement invalid,
this invalidity will not invalidate the remaining provisions of this Agreement which will continue to be effective and fully effective.
11) COMPETENT COURT.
This contract is governed by Italian laws and competent to decide on any dispute that may arise on the interpretation and management of this user license is the Avezzano (Italy) forum.