NOTICE TO THE USER
Please read carefully this License agreement, term and condition of use as it shall be applied to consent the access and use of this software.
LICENSE AGREEMENT/SOFTWARE USE TERMS AND CONDITIONS
- DESCRIPTION OF THE SOFTWARE
This agreement regulates the use of the software “Usilio” – hereinafter Software – included the use of any content such as the text, informations, pictures, the totality of the services, the incorporated instruments, the programs, the software.
The Software is a console that allowes to monitor Uranium Backup’s clients that are connected, and the connection (including the possibility to start a connection directly from the console) to the contacts saved in Supremo.
- GRANT OF THE LICENSE
Nanosystems Srl grants to the User one limited, non exclusive and non transferrable license to login and use the Software.
This license is object of the online purchase agreement between User and Nanosystems Srl, the Terms and Conditions of which are accepted by the User when the purchase order was sent to Nanosystems Srl, and for this reason it is linked to it; for this reason, in case the User will not observe the terms of purchase, Nanosystems Srl can terminate unilateraly the License Agreement, keeping the sums paid as indemnity of the damages suffered.
User shall not rent, lease, sell, give in sub-license, assign, decode, subdivide, modify, loan, distribute, export or transfer in any other way, nor permit the use of the Software to any third party, of the technology or of other information, included eny other printed information about the same; it is not allowed also to the User to create a derivative work or to modify the same in another way or through the access to the same.
User is allowed to use the Software object of this license on a number of fevices and during the period specified in the Software order form.
- EXCLUSION OF RESPONSIBILITY
Nanosystems Srl shall not be considered responsible towards the User in relation to the content and use of the Software. Nanosystems Srl provides an instrument for the remote connection, while the setting and the use are exclusively made by the User. Nanosystems Srl and his distributors, authors, editor, reviser, associates and publisher cannot be considered responsible for mistakes, omission or any other consecuence due to the application of the information containes and there is no warranty, esplicit nor implicit, on the diffusion, completeness, utility or accuracy of the contents of the Software. Nanosystems Srl does not certify and is not responsible for the accuracy of the contents attributable to subjects that are not Nanosystems Srl or for activity and standards that do not belong to them.
Contents and Sectiond 5, 6, 7, 8, 9 e 12 shall survive even after the termination or the expiration of the license.
- WARRANTY EXCLUSION
It is not given any warranty that the Software shall satisfy the needs, that the use shall be continuous, precise, sure and without errors, or that it shall be compatible with third parties products; at the same way, Nanosystems Srl shall not give any warranty that the results that might come from the use of the Software or the accuracy and the integrity of any information obtained through the use of the Software (included the informative content produced by third parties) or that any eventual error of the Software shall be corrected. Nanosystems Srl and it’s providers, do not give any warranty, express or implicit about the Software, included any implicit warranty of quality, commerciability, eligibility for a specific use coming from law, statute or practice, nor of non violation of third party’s rights. User is aware and accepts that the use of any material or data obtained through the Software is at his sole discretion and risk and that he shall be the only responsible for any damages suffered by his informatic system or for the loss of data that might occur from the download of any content or material.
- LIABILITY LIMITATION
User acknowledges and accepts that Nanosystems Srl and it’s distributors, in the limits established by the law, shall not be considered responsibles for any damages, direct or indirect, occurred by chance, ecceptional, consecuential or from loss of earnings, in any way caused and due to a whatsoever liability, even if notified about the possibility of such damage, included, without any limitation, for damages due to injury, loss of data, loss of earnings, suspension of the activities due or related to (i) the use of the Software from User or through another person’s account; (ii) cost for supply of substitute data, information or software; (iii) non authorized access or modification in the User’s data transmission; and/ or (iv) every other question related to the Software or it’s use, to the device or the operative system used.
In any case, the potential Nanosystems Srl liability shall be limited to the value of purchase of the Software. User shall be considered the only responsible for each decision concerding the use of the Software to introduce, organize and/or transfer personal data.
Nanosystems Srl shall not be considered liable for the unlawful use made by the User, who remains the only responsible for such behaviour.
In the widest limit granted by the law, in case he will breach this license or any third party right, or by reasons of the use, or claimed use, of the Product, User agrees to compensate, defend and indemnify Nanosystems Srl, it’s officers, employees and suppliers from any action or demand, included reasonable legal expenses, claimed by third parties.
- RIGHT OF WITHDRAWAL
License shall be effective until it’s expiration, as specified by the Software order confirmation that User receives via email when the payment is done, or until User do not inform about his intention to withdrawal the agreement with the formalities and the terms specified in the Purchase Terms and Conditions.
As soon as the withdrawal will be made, User shall cease to use and completely remove and/or uninstal all the copies of the Software in his possession.
- PROPERTY RIGHTS
User acknowledges that (a) the Software contains confidential and reserved property information that are protected by the intellectual property laws, and (b) Nanosystems Srl is owner of any right, title and interest about the Software provided with or attached to the Software, included, without limitations, all the intellectual property rights contained and annexed.
“Intellectual Property Rights” means all and any right existing concerning the patent, copyright, commercial secret, trademark, unfair competition and all the other rights related to the intellectual property as all the renewal, extention, restitution, present and future, in force and with effect all over the world.
User commits, personally or through third parties, not to (i) copy, sell, grant in license, distribute, transfer, modify, adapt, prepare derivative works from this, decompile, reverse engineering, separate or any other attempt to use as resource the Software, (ii) make actions in order to circumvent or dispute rules regarding the safety or the use content in the Software, (iii) use the Software to accede, copu, transfer, codify (trans code) or ritransmit contents in violation of the law or third party rights, and/or (iv) remove, block or change notices about the copyright, trademarks or other notice of intellectual property posted, that are contained or annexed to the Software.
This agreement does not grant User any intellectual property right on the Software and all rights not specifically granted remain reserved to Nanosystems Srl.
- FORBIDDEN USE OF THE APPLICATION
User accepts not to resell the Sofware, it’s use or access to the Software itself. User accepts not to decomplie, decode, separate, or attempt to decode the programming language (source code) of the Software components.
User accepts not to use the Software for unlawful scopes and, in case, he will undertake any responsibility.
User shall not assign or transfer the rights deriving from this agreement without the prior written consentn of Nanosystems Srl, or only within the limits permitted by the law.
Nanosystems Srl has the authority to assign all the rights and responsibilities of the entire or a part of the business to another controlled company, affiliate or substitute, without the User’s consent. Except for what is written above, this agreement will enter in force at advantage of the substitutes and the assegnees authorized by the party and shall be binding for the same.
- AGREEMENT WITH THE USER
Through the download, installation and/or use of the Software, User declares to have read, underwrote and accepted this license agreement, being legally binded.
Nanosystems Srl and User specificall declare that the license relationship exists only between the two of them, with exclusion of any third person.
Applicable law to the license is the Italian and the competen Court shall be solely the Court of Ascoli Piceno.