Owner and owner of the software/app Human Proximity is Zinformatica based in Gallarate in Via Mameli n, 14 – from now on simply OWNER.
These license terms constitute the agreement between the OWNER and the licensee. The licensee must read them carefully. These conditions apply to the software/app mentioned above, including any storage media on which it was received. These Terms and Conditions shall also apply to related updates, supplements, Internet-based services and technical support services, unless accompanied by specific terms and conditions. In this case the latter conditions shall prevail over those of this contract.
BY USING THE SOFTWARE/APP, THE LICENSEE ACCEPTS THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SOFTWARE/APP.
THE LICENCE IS GRANTED FOR FREE USE ONLY FOR PERSONAL USE. WHEREAS FOR ANY OTHER TYPE OF USE (COMPANY, BUSINESS, COMMERCIAL, ETC.) THE BUSINESS LICENSE IS GRANTED FOR A FEE.
If the licensee complies with the terms of this contract, he will have the following rights.
1. INSTALLATION AND RIGHTS OF USE.
The licensee may install and use any number of copies of the software/app on the licensee’s devices.
2. Scope of validity of the licence.
The Software/app is not sold, but is licensed. This agreement grants the licensee only certain rights to use the software/app. The OWNERS reserve all other rights. To the maximum extent permitted by applicable law, the licensee may use the software/app only in the manner expressly permitted in this contract. To this end, the licensee must comply with any technical limitations in the software/app that allow him to use it only in certain ways. The licensee shall not:
– disclose the results of any comparative test of the software/app to third parties without the written approval of the OWNER;
– circumvent the technical limitations of the software/app;
– decode, decompile or disassemble the software/app, except where such activities are expressly permitted by applicable law, notwithstanding this limitation;
– make more copies of the software/app than specified in this contract or permitted by applicable law, notwithstanding this limitation;
– publish and/or distribute the software/app to allow others to use and/or duplicate it;
– grant software/apps for rent, lease or loan;
– transfer the software/app or this contract to third parties;
– use the software/app to provide hosting of commercial services.
3. COPY OF BACKUP.
The licensee may make a backup copy of the software/app. The licensee may only use this copy to reinstall the software/app.
Any person who has valid access to the licensee’s computer or internal network may duplicate and use the documentation of this software/app for internal reference purposes.
5. EXPORT RESTRICTIONS.
The software/app is subject to the laws and regulations in force in Italy regarding export control. The licensee must comply with all local and international laws and regulations applicable to the export control software/app. These laws include restrictions on destinations, end users and end use.
6. Technical support services.
Since this/a software/app is provided _ as such as is φ, there is no provision of technical support services by the OWNER.
7. FULL AGREEMENT.
This Agreement and the conditions governing the use of the supplements, updates, Internet-based services and technical support services used by the licensee constitute the entire software/app agreement and technical support services.
8. THE APPLICABLE LAW.
This contract is governed and interpreted exclusively by Italian law, regardless of your domicile or place of business.
9. COMPETENT FORUM.
The Court of Milan shall have sole jurisdiction over any disputes arising in connection with the infringement of copyright, and the Court of Varese shall have exclusive jurisdiction over all other infringements of this contract.
10. EXCLUSION OF GUARANTEES.
THE SOFTWARE/APP IS LICENSED/LICENSED _ AS IT IS. THE LICENSEE ASSUMES ALL RISKS ARISING FROM THE USE OF THE SOFTWARE/APP. OWNERS DO NOT RECOGNISE ANY EXPLICIT GUARANTEES OR CONDITIONS. This contract does not affect any consumer rights granted to the licensee by local law. To the maximum extent permitted by applicable law, the owners shall exclude any implied warranties of merchantability, fitness for a specific purpose and non-infringement of the rights of others.
11. LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGE.
The licensee shall be entitled to obtain from the owner and his supplier only compensation for direct damage up to a limit of five euro. THE LICENSEE SHALL NOT BE ENTITLED TO CLAIM COMPENSATION FOR ANY OTHER DAMAGE, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT OR ACCIDENTAL DAMAGE OR LOSS OF EARNINGS. This limitation applies to any matter relating to software/apps, services, content (including code) on third-party websites or programs, and disputes relating to breach of contract, breach of warranty or conditions, factual liability, negligence or other misconduct to the fullest extent permitted by applicable law. This limitation shall also apply where the OWNER was informed or should have been informed of the possibility of such damage occurring. The above limitation or exclusion may not apply if the laws of the licensee’s state of residence do not allow exclusions or limitations of liability for incidental, consequential or other damages.