LICENSE AGREEMENT FOR THE USE OF THE SOFTWARE
This document represents a legal agreement between you, (for the purposes of this document and later called CUSTOMER) and Syria Web S.R.L. with registered office in Strada Statale, 145 Pompei - ITALY for the sale of Repair System.
These general terms ("General Terms" or "Contract") govern the contractual relationship between Syria Web s.r.l, with its registered office in State Road 145, Pompei (or the "Licensant") and the end customer ("Customer") regarding the license to use Repair System ("Software") to the Customer as well as related update and assistance services ("Update and Assistance Services"), unless these are accompanied by autonomous contractual conditions , in which case these contractual conditions will prevail over those referred to in this Agreement in the event of a conflict.
Repair System is distributed at: www.repairsystem.it
By accepting these General Terms, you declare that you intend to use the Software (and any updates there may be) in the course of its business activity and that, therefore, the provisions of the legislative decree do not apply to you. 206/2005 for consumer protection.
1.1. Syria Web s.r.l licenses you to license the Customer, whom you agree to, with the Software and related documentation of the terms and conditions set forth in this Agreement.
1.2. The Customer may install the Software on a single terminal, but the use will be granted to multiple machines that will be managed as clients.
1.3. Software components are licensed as a single product. The Customer will not be able to separate the components and install them on different devices.
1.4. The user license granted under this Agreement is to be considered non-exclusive, onerous, non-licensable, non-negotiable and in any case not usable by third parties for any reason, without the prior written consent of Syria Web s.r.l.
2.1. The use of the Software is subject to its activation, by the Customer, through the license provided by Syria Web s.r.l..
3.1. Syria Web s.r.l. reserves the right to verify the validity of the user licenses installed at the Customer, also with the help of electronic programs, with the automatic sending by the customer to Syria Web s.r.l. of the identification data of the licenses present on the Customer's systems and terminals.
3.2. The Software may therefore request the validation features of the software from time to time. Validation allows you to verify that the Software has been activated and has a regular license. In the event of a failure to validate, the use of the Software will be inhibited.
3.3. If, during validation, it is detected that the software installed on the Customer's device is counterfeit, does not have a regular license or is not an original Syria Web s.r.l. product, the Customer will no longer be able to continue to use that Software and Syria Web s.r.l. will suspend the provision of any service to the Customer.
4.1. The Customer may obtain updates only for the Software received from Syria Web s.r.l.
4.2. The Software marked as an update replaces and/or supplements and deactivates the product that constitutes the basis, which can be supplemented by updating. All contractual provisions relating to the Software apply to updates and the final product as a result of integration with updates.
4.3. Customer acknowledges and agrees that the Update and Support Services, and any additional features based on services that require Internet access, may only be provided with reference to the latest version of the Software and that to this end he must have an updated version of the software and hardware platforms currently available on the market.
USE OF THE SOFTWARE
5.1. You may use the Software only in the manner expressly granted in this Agreement. In doing so, the Customer must comply with any technical limitations in the Software that allow him to use it only in certain ways. The Customer cannot:
FEES AND SUPPLY OF THE USER LICENCE
6.1. The Customer is required to pay Syria Web s.r.l. the consideration for the license to use the Software and the Update and Assistance Services, as indicated on the Repair System website.
6.2. Syria Web s.r.l. will provide the license to use the Software and the Customer Update and Service Services only after receiving payment of the fee.
PROHIBITION OF TRANSFER AND COPYING
7.1. The Customer undertakes not to give in to any title, nor to have the Software used for any reason by third parties, nor to make or have copies made without the written authorization of Syria Web s.r.l., recognizing that a conduct that does not in addition to constitute a breach of this Agreement, would constitute a violation of the rights of Syria Web s.r.l. on the Software and related documentation and , more generally, copyright rules.
7.2. In case of use of the Software in a manner not in accordance with the forecast referred to in art. 7.1., the Contract may be terminated by right and the Customer will pay Syria Web s.r.l. the consideration for the use of the Software for the number of devices on which it was used, tripled as a penalty and without prejudice to the Syria Web s.r.l. right to obtain compensation for the greatest damage.
8.1. If the Customer has acquired the Software on disk or other media, it is authorized to make a backup copy of the media. You may use this copy only to reinstall the Software in the event of a malfunction of the Software or failure or replacement of the Computer.
8.2. The use of the backup copy is subject to its activation in the manner described in the previous art. 2.1 and the validation operations described in art. 3.1.
VALIDITY OF THE LICENCE
9.1. Proof of the validity of the license shall be the possession by the Customer of the purchase invoice of the Software license transmitted by Repair System.
EXCLUSION OF THE GUARANTEE
10.1. Customer acknowledges and agrees that the Software, including updates, is provided in its entirety, that it is capable of operating in the light of the technologies and operating systems currently on the market, and that the licensant does not make express or implied statements and warranties that the Software is suitable to meet customer's needs , whether it is error-free or has features that are not included in the technical specifications and related documentation.
UPDATES AND SUPPORT
11.1. The licensant provides the Customer with the Update and Assistance Services subject to the conclusion of this Agreement and, after the First Service Period, following the subscription of the relevant subscription. These general terms and conditions apply to these services, unless specific exceptions are provided for in the Update and Assistance Services.
CONCLUSION OF THE CONTRACT, DURATION, WITHDRAWAL AND TERMINATION
12.1. This Agreement will be finaled when the licensant receives the purchase order of the Software and/or The Update and Assistance Services from the Customer, provided that the Customer has previously accepted the General Terms of Agreement and that the order has been accepted (including through the start of execution of the order).
12.2. The duration of the Contract is 12 months with effect from the day of subscription.
12.3. The licensant may terminate this Agreement, with immediate effect, by sending a simple written communication to the Customer, in the event of non-compliance by the Customer even to a single obligation contained in the following clauses: 1 (User License), 3.3 (Use of Counterfeit Software), 5 (Use of the Software), 7 (Prohibition of assignment and copying) , 14 (Intellectual Property Rights) and 15 (Confidentiality). However, the right of the licensor to obtain compensation for all damages suffered is without prejudice.
12.4. In the event of termination of the Contract, for any reason intervened, Syria Web s.r.l. will cease to provide all services provided under the Contract, including the Update and Assistance Services and no refund, in full or in part, will be due to the Customer.
LIMITATION OF RESPONSIBILITY
13.1. The Customer acknowledges that, without prejudice to cases of malicious misconduct or gross negligence, Syria Web s.r.l. may under no circumstances be held responsible for any damage that may result from the Customer himself or to third parties as a result of the use or non-use of the Software, since the Customer is in any case required to verify the correctness of the processing carried out through the same.
13.2. In any case, Repair System liability may never exceed the amount of fees paid by the Customer under this Agreement.
INTELLECTUAL PROPERTY RIGHTS
14.1. The ownership of the Software, including source codes and any adaptations, developments and improvements made by Syria Web s.r.l. for the specific needs of the Customer, the related documentation, as well as all the rights of economic use on them, remains the responsibility of Syria Web s.r.l..
14.2. Syria Web s.r.l. also remains responsible for all rights to trademarks, logos, names, and other distinctive signs however associated with the Software, with the consequence that the Customer will not be able to use them in any way without the prior written authorization of the licensant.
You acknowledge that all information you will become aware of in the performance of this Agreement is confidential and confidential and, therefore, undertakes not to use and disclose it to third parties, in any way and by any means, for purposes other than those referred to in this Agreement. The above obligation of confidentiality does not apply to information which is in the public domain.
APPLICABLE LAW AND COURT EXCLUSIVELY COMPETENT
16.1. This Agreement is subject to Italian law.
16.2. Any dispute arising from, or arising out of this Agreement, shall be devolved to the knowledge of the Court of Torre Annunziata. Syria Web s.r.l. will, in any case, have the right, in its sole discretion, to bring the matter before the court of the place where the Customer has his registered office or domicile.
17.1. These General Terms and Conditions, together with the specifications and special conditions contained on the www.repairsystem.it site constitute the entire agreement between the parties in relation to the use of the Software by the Customer and the provision of Update and Assistance Services by the licensant and exceed any previous agreement between the parties with the same object.
17.2. These Terms and Conditions may be amended by Syria Web s.r.l. at any time. Syria Web s.r.l. will communicate the new General Conditions to the Customer by e-mail or registered letter A/R (in this case the Customer will have the right to withdraw within 7 days of receipt of the new General Conditions, after which they will be accepted) or on the occasion of new updates of the Software (in this case the Customer will have to accept the new General Conditions before being able to receive the Update).
17.3. The non-exercise by Syria Web s.r.l. of any rights granted to it by these General Conditions does not constitute a waiver of this right, nor must it be construed as such.
17.4. The Customer has no right to transfer or divest his rights and/or obligations derived from these General Conditions without the prior written consent of Syria Web s.r.l..
17.5. In the event that any of the clauses of these General Conditions are or become invalid or ineffective, such invalidity or ineffectiveness does not vitiate the validity or effectiveness of the other clauses of the General Conditions, which will therefore remain in force between the parties. The Parties agree to replace invalid or ineffective clauses with valid and effective clauses which are as close as possible to the will of the parties.
17.6 It is specified that Syria Web s.r.l. undertakes to keep the data relating to access to the management for a maximum duration of three months.
PROCESSING PERSONAL DATA
18.1. With reference to the processing of the personal data of third parties entered or otherwise processed by the Customer through the Software ("Personal Data of Third Parties"), pursuant to the European General Data Protection Regulation of 27 April 2016 n. 679 ("GDPR") will be solely under the responsibility of the Customer himself, therefore Syria Web s.r.l. is exempt from all responsibility.
18.2. The Customer must remove and keep the Licensant free from any injury, burden, sanction or claim that Syria Web s.r.l. should suffer or receive due to the customer's violation of the obligations established by the MDPA (including with regard to any claims or requests of the data subjects or third parties and the related legal costs of defense). In any case, Syria Web s.r.l. cannot be held responsible for any lack, lack of or in correctness of the instructions given by the Customer regarding the processing of Third Party Personal Data or for the failure to adopt technical-organizational security measures related to its staff.
18.3. The personal data of the Customer, or of the Customer's personnel collected and processed by Syria Web s.r.l. for its own purposes and in its own way and whose processing, therefore, Syria Web s.r.l. is the Data Controller pursuant to the GDPR ("Customer's Personal Data"), will be processed by Syria Web s.r.l. in accordance with the information attached issued pursuant to article 13 and 14 of the GDPR.