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
