Terms & Conditions

Art. 1 –

License of Use Under the following terms and conditions, the sale of the product also includes the license to use the program and the user manual, which form an integral part of this agreement and which the purchaser declares to have reviewed and fully accepted without reservation by signing this agreement, confirming that the product and license fully meet his/her needs. By installing the software, the purchaser agrees to be bound by the terms of the license. Should the Customer not accept the terms and conditions of this contract, he/she is not authorized to install or use the software

Art. 2 –

Delivery The product and the license will be delivered within 24 hours from receipt of payment of the related invoice and shall be deemed fully accepted without reservation by the purchaser at the time of payment. Delivery of the software programs will take place by electronic transmission to the address provided by the Customer.

Art. 3 –

Duration The product and license are transferred permanently and indefinitely.

Art. 4 –

Installation The product and the license of use shall be installed independently at the sole expense and responsibility of the purchaser, who fully releases the seller from any and all liability in this regard.

Art. 5 –

Support The purchaser may request from the seller assistance for the installation and use of the product under conditions and at a price to be agreed separately. Standard setup is included in the sale price, while any specific updates shall be subject to separate agreements between the parties.

Art. 6 –

Use The purchaser has the right to use the product and license exclusively for his/her own private and/or business use, with an express prohibition on competition, sub-licensing, even partially, to third parties for any reason whatsoever, or otherwise allowing third parties to use it, whether free of charge or for consideration. The purchaser is expressly prohibited from copying the product, in whole or in part, either in printed form or in machine-readable form, except for reasons of security and operational functionality, including error correction. The methods and rules of use and the rights and obligations of the user are defined in Articles 64-bis to 64-quater of the Italian Copyright Law no. 633 of April 22, 1941 and subsequent amendments and integrations. In any case, copying, decoding, decompiling, disassembling, or any attempt to determine the source code of the software programs, as well as the creation of derivative products based on the software programs, are prohibited. Likewise, the display, modification, reproduction, and distribution of any file stored in the software programs are prohibited.

Art. 7 –

Copyright The software programs and all related rights, including but not limited to all
associated proprietary rights, belong to the seller and are protected by applicable copyright protection laws. The structure, organization, and code of the software programs constitute confidential information owned by the seller. Therefore, the license of use does not grant any rights over the source code, and all techniques, algorithms, and procedures contained in the program and
related documentation are confidential information owned exclusively by the seller and may not be used by the purchaser for purposes other than those indicated in this contract. In particular, it is expressly forbidden to modify the software, incorporate it in whole or in part into other programs, perform reverse engineering, or carry out any other operation intended to infringe the seller’s rights.

Art. 8 –

Confidentiality The purchaser undertakes to keep fully confidential and secret the content of
the product and license purchased and to protect the seller’s rights. In particular, the purchaser
undertakes not to disclose or modify the product, nor to incorporate it in whole or in part into other
programs and/or accounts without the prior written authorization of the seller.

Art. 9 –

Penalty In case of violation of the terms of this contract by the purchaser, a penalty equal to
the agreed price shall be applied, in addition to greater damages suffered by the seller, to be
determined also on an equitable basis.

Art. 10 –

Warranty and Liability The seller guarantees for one year from the sale that the product
and license sold are able to perform the operations provided and indicated in the related technical
descriptions. The warranty is subject, under penalty of immediate forfeiture, to the correct use of the
product. The purchaser expressly agrees that the use of the product is at his/her sole risk and
therefore the seller shall not be liable for direct or indirect damages or claims suffered by the
purchaser and/or third parties as a result of improper use and/or failure to use the product and in
any case for malfunction or defects of the marketed software.

Art. 11 –

Exclusion of Warranty This contract concerns exclusively the transferred product with the
exclusion of any other third-party software (such as, but not limited to, various operating systems
and related basic software such as php, mysql, openoffice, libreoffice, ghostscript, roundcube,
processmaker, cups, pdftk, etc. …), for which installation, registration, use, limitations, and
warranties shall be governed exclusively by the respective producers’ conditions. The use of such
software or services may be governed by license agreements for which the seller assumes no
responsibility. The seller disclaims all liability for any indirect, incidental, or consequential damages,
foreseeable or unforeseeable, caused to the purchaser and/or third parties by the use of such
software or services and/or by the inability to use them.

Art. 12 –

Communications and Jurisdiction The parties elect domicile for all purposes at the
residences indicated above. Any communication shall therefore be sent to such addresses. Any complaints or reports of inconveniences relating to the subject of the contract must be
communicated in writing to the seller, under penalty of forfeiture, within no more than 10 days from delivery. For any dispute, the exclusive jurisdiction shall be that of the Court of Pordenone.

Art. 13 –

Final Provisions For anything not expressly provided for in this contract, the provisions of
the Italian Civil Code and the Copyright Law relating to the legal protection of computer programs
shall apply.

Privacy Information Notice The seller, as Data Controller as specified in the contract, pursuant to
art. 13 of Legislative Decree 196/2003, informs the purchaser (hereinafter “data subject”) that
personal data acquired from the data subject or from third parties, subject to processing, are used
directly to fulfill purposes instrumental to the performance of the ongoing relationship, in full
compliance with the principle of fairness and lawfulness and with the provisions of the law. Data
processing is carried out using electronic and paper media by internal staff specifically appointed.
The data are stored in paper and electronic archives with full assurance of the minimum security
measures required by law. Personal data collected will not be disclosed, sold, or exchanged with
third parties other than the Data Controller, Data Processors, and appointed persons, without the
express consent of the data subject, except for communications to third parties (such as partners,
accounting/tax consulting firms, debt collection companies, legal consultants, IT companies), where
necessary for the activities of the Data Controller, provided they are consistent with the purposes
indicated in this notice, with assurance of use by third parties in full compliance with the principles
of lawfulness and fairness and with the provisions of the law. Personal data of the data subject will
be stored for the time necessary to fulfill the existing relationship between the parties and in any
case in compliance with legal requirements. The data subject may exercise his/her rights as
provided by Articles 7, 8, 9, and 10 of Legislative Decree 196/2003 by contacting the Data
Controller. In particular, pursuant to Article 7, the data subject has the right to obtain confirmation of
the existence or non-existence of personal data concerning him/her, even if not yet registered, and
their communication in an intelligible form. The data subject has the right to obtain information on:
a) the origin of the personal data; b) the purposes and methods of processing; c) the logic applied in
case of processing carried out with the aid of electronic instruments; d) the identifying details of the
Data Controller, the Data Processors, and the designated representative pursuant to Article 5,
paragraph 2; e) the subjects or categories of subjects to whom the personal data may be
communicated or who may become aware of them as designated representative in the territory of
the State, as Data Processors, or as appointed persons. The data subject has the right to obtain: a)
the updating, rectification, or, when interested, the integration of the data; b) the erasure,
anonymization, or blocking of data processed in violation of the law, including data whose retention
is unnecessary for the purposes for which they were collected or subsequently processed; c)
certification that the operations referred to in letters a) and b) have been brought to the attention,
also as regards their content, of those to whom the data were communicated or disseminated,
except where this proves impossible or involves a manifestly disproportionate effort compared to
the right being protected. The data subject has the right to object, in whole or in part: a) on
legitimate grounds, to the processing of personal data concerning him/her, even if relevant to the
purpose of collection; b) to the processing of personal data concerning him/her for the purpose of
sending advertising materials or direct selling or for carrying out market research or commercial
communication. The provision of data is optional but necessary, since refusal to provide them will
make it impossible for the Data Controller to fully carry out all activities necessary or functional to
the established relationship and to fulfill the related obligations. Pursuant to art. 24 of Legislative
Decree 196/2003, consent to the processing of such data is not required as they are collected to
fulfill a legal obligation or for the execution of contractual obligations.