DOCUMENT KIT USER LICENSE AGREEMENT
This “Use license” agreement (“the Licence”) is between the User as identified by the documentation relating to the purchase order and the accounting one, and My Advisor S.r.l. Benefit Company with Registered and Operational Headquarters located in Milan (MI), Foro Buonaparte, n. 59, 20121, P.IVA e C.F. n. IT07761030969 – REA: MI-1980109, (“My Advisor”) under the following conditions.
Given that
- My Advisor is the exclusive owner of the manuals, operating procedures and registration forms (“Document Kit”) as specified on the website www.sistemidigestione.biz;
- the Document Kit has the purpose of providing support to the User in the process of adaptation to the specific certification scheme indicated in relation to the specific Document Kit purchased;
- the User declares to have identified and chosen the specific Document Kit relating to the certification scheme of his/her interest, after having evaluated its characteristics and declaring that he finds it suitable for his/her needs;
- By purchasing the Document Kit, the User declares that he has read these license conditions, that he has understood and is aware of his rights and duties and expresses his unconditional acceptance of all the clauses of this License;
- if the User does not intend to accept the terms and conditions of the License, then he will not be able to purchase the product.
All this being said,
it is agreed and stipulated
Art. 1) CONTRACTUAL RELEVANCE OF PREMISES AND ANNEXES
The
premises form an integral and substantial part of the Licence
to all intents and purposes.
Art. 2) SUBJECT OF THE LICENSE AGREEMENT
With
the License, My Advisor grants the User a license to use, not
exclusive and non-transferable, of the Document Kit subject to
payment, consisting of manuals, operating procedures and
registration forms in editable Word format. The Document Kit therefore
does not become the property of the User who only has
the right to use it within the limits indicated in this Licence.
The
specific content of the Document Kit is described on the page of
site with reference to the specific scheme to which express reference is made.
Art. 3) OWNERSHIP OF THE DOCUMENT KIT
My
Advisor is the exclusive owner and holder of all rights
of intellectual property of the Document Kit,
which is granted for use to the User, within the limits of this
License and against payment of the fee. My Advisor
maintains ownership and any further right, even if only moral,
on the content of the Document Kit covered by this License.
The
The License gives the User the right to use the Document Kit
as an end user, within the limits and in the manner
set out in these conditions and in the additional ways
indicated in the attachments, in the user manual, in the electronic documentation
or in the “online”
relating to the product.
The
License authorizes the User to use
a single copy of the Document Kit, and on a single electronic processor,
in the manner
prescribed by the documentation supplied with the Document
Kit.
The
Document Kit, each copy and each part or element thereof
(including, but not limited to: any
name, image, icon, photograph, text and “applet”) cannot
be reproduced by the User, in any form or method.
All
rights to brands, product names and any other
distinguishing marks are the property of My Advisor.
ART.4)USE OF THE DOCUMENT KIT AND EXPRESS TERMINATION CLAUSE
The User
who has paid the fee can use only one copy of the
Document Kit. The License for the Document Kit cannot be
shared in local networks or by more than
one operator.
The User
User may not reverse engineer, decompile, disassemble, modify or
translate the Document Kit.
The
License concerns the Document Kit, as a whole, as
an indivisible product, so that each individual part or component of
an indivisible product, so that each individual part or component of
or by subjects other than
those authorized.
The User
may in no case duplicate, transfer or assign to third parties,
nor rent, sub-license, lease, loan the Document Kit
or individual components of the same to third parties.
In
case of non-compliance by the User with these conditions
of use of the Document Kit, and therefore in the event of non-fulfillment
or violation of the provisions referred to in this point, the License
will be considered automatically terminated pursuant to art. 1456 c.c.
In
this case, My Advisor may ask the User to immediately
all copies of the Document Kit and
all its component parts in its possession.
My
Advisor will have the right to request compensation for the damages suffered
nd will not in any case be required to repay, even partially,
the amount paid by the User, which will be withheld as a
penalty pursuant to art. 1382 of the civil code
without prejudice to compensation for the greater damage suffered.
ART. 5) DURATION OF THE LICENSE
The License is granted indefinitely. The User acknowledges that, in this case, the right of withdrawal is excluded, since it is a digital content and nevertheless showing the will to proceed with the purchase of the licence.
ART.
6) DISCLAIMER and LIMITATION OF LIABILITY
The
Document Kit is granted in “do-it-yourself” mode,
My Advisor limiting itself to providing a license for use and being left
to the User for all kinds of discretion and determination
regarding the use of the same.
Without
prejudice to the mandatory provisions of the law, My Advisor does not provide any
guarantee for original or supervening defects, either implicit
or explicit, in relation to the Document Kit supplied (including guarantees
of quality, proper functioning, non-infringement of third party rights,
marketability, suitability for an end or a result in relation
to the Document Kit).
The User,
except in the case in which it is determined by willful misconduct, renounces any
kind of action, request or request against My Advisor in
relation to any type of direct, indirect, specific,
consequential, incidental, moral, even if My Advisor
has been advised of the possibility of such damages, including, without
limitation, damages for loss of profits or goodwill, loss of profits,
loss of confidential or other information, for business or business interruption, or other
loss of confidential or other information, for business or business interruption, or other
(i) from the use or inability to use the Document Kit;
(ii) costs of obtaining substitute goods or services;
(iii) from unauthorized use;
(iv) from errors or malfunctions of the Document Kit;
(v) from having mistakenly understood that the Document Kit
constitutes or replaces legal advice or professional advice in
nature and the consequences of using the Products incorrectly
belief that precedes;
vi) from the inability to use the Document kit.
In
any case, should the User claim any
damages against My Advisor, its liability
will be limited to the amount corresponding
to that actually paid as consideration for the use of the Document Kit.
ART.
7) APPLICABLE LAW and COMPETENT COURT
This License is governed exclusively by Italian law. Any dispute that may arise on the interpretation or execution will be devolved exclusively to the Italian Jurisdiction, with the exclusive competence of the Court of Milan.
The User
Pursuant
to art. 1341 and 1342 declares to expressly accept the clauses
referred to in the points
ART.4) USE OF THE SOFTWARE PRODUCT AND EXPRESS TERMINATION – ART.5) LICENSE DURATION – ART. 6) DISCLAIMER and LIMITATION OF LIABILITY – ART. 7) APPLICABLE LAW and COMPETENT COURT
The User
