These general license conditions regulate the use of the software called "Alusic Configurator " (hereinafter, the "Software") and are applied only to the Server software provided through online platform “Alusic Configurator”. These general conditions are considered fully known and accepted by the User at the time of use of the licensed Software.
1 User License 1.1 Alusic s.r.l. grants to the User, who accepts, the license to use the under the conditions described in this document. The User agrees and accepts that the Software is intended only for the purpose of its installation and use on Alusic s.r.l.’s automatic configurator for conveyor belts named “Alusic Configurator”. 1.2 Any different use of the Software other than the one provided under this art. 1 shall be intended as non-authorized and strictly forbidden. 1.3 The User recognizes and agrees that the license of the Software is granted by Alusic s.r.l. for an indefinite period, it being understood that Alusic s.r.l. has full right to suspend and/or revoke it, temporarily or permantently, at any time and without notice. Besides, Alusic s.r.l. has full right to block and/or eliminate the User’s account at his own discretion. 1.4 The Software provided includes a saving option for input data entered by the User, however Alusic s.r.l. does not guarantee backup and/or storage of copies of the these information. 1.5 Alusic s.r.l. also informs the User that the Software cannot be considered free of errors in relation to all its possible applications and uses. No claims against Alusic s.r.l. can be accepted for possible errors of the Software. Updated versions of the Software may introduce new errors or fix those found in a previous version, but the User has no right to raise a claim against Alusic in case such updated version of the Software does not fix possible bugs or errors. 1.6 The User acknowledges and accepts that the Software is not suitable for any particular purpose or result other than the one stated in this art. 1.1. 1.7 Alusic s.r.l. will assign to the User a specific identification and password, it being understood that User will not share his identification and/or his password with any other third party. The User further acknowledges that a User identification may be reassigned to a new individual replacing one who no longer requires on-going use of the Software.
2 Limitations to the right of use 2.1 The User is not authorized to modify, adapt the Software and/or translate or incorporate it into another program. The User is not permitted to reconvert or decode the Software or extract any program elements. The User will not decompile or disassemble the Software, carry out reverse engineering or otherwise attempt to derive the source code. Where the User is permitted by mandatory law to undertake reverse engineering or decompilation to achieve full functionality or interoperability with other Software programs the User must inform Alusic s.r.l. in advance of the nature and scope of the intended activity. Decompilation is only permitted if the User establishes a legal, legitimate interest in carrying out these activities. 2.3 It is understood that the information provided by Alusic s.r.l. or obtained by the User in other ways within the limit permitted by this article may be used only for the purposes described and will not be revealed to third parties or used to create a similar software.
3 Software license 3.1 The User acknowledges Alusic s.r.l.‘s intellectual property rights on the Software and that these General Terms and Conditions only grant a non-transferrable, non-exclusive and royalty free license to use the Software, without any transfer of property thereof. 3.2 The User will not acquire any further or different right from those provided in this license. 3.3 The User understand and acknowledge that the Software is protected by Italian and international laws on copyright and intellectual property. 3.4 The User irrevocably acknowledges that, subject to the licenses granted herein, the User has no ownership interest in the Software provided to the same User. Alusic shall own all right, title, and interest in such Software, subject to any limitations associated with intellectual property rights of third parties. Alusic s.r.l. reserves all rights not specifically granted herein.
4 Warranties and Responsibility 4.1 The software is provided on "as is" basis. Except for any warranty, condition, representation, or mandatory legal term, Alusic s.r.l. and its supplier provide no warranties, express or implied in the Software. 4.2 Alusic s.r.l., except for the responsibility arising from the application of possible mandatory law, excludes any responsibility on itself and on its suppliers, both contractual and non-contractual, for direct and indirect damage caused to the User or third parties by the use or failure non-use of the Software. 4.3 Alusic s.r.l. reserves the right to make changes and/or improvements, without notice and at any time to the products and/or programs implemented in the Software. 4.4 The User shall verify the correspondence of the results and the data entered with the actual situation and their plausibility. 4.5 The User agrees to release and hold unharmed Alusic s.r.l. from any responsibility in case of complaints, lawsuits, governmental or administrative claims brought by third parties, etc., arising from the use or non-use of the Software.
5 IP Rights protection 5.1 The Software contains the registered trademark "Alusic s.r.l.". All intellectual property rights contained concerning Alusic s.r.l.’s know-how, trademarks, trade secrets, and licenses are reserved. The use of the Software does not authorize the copy or use of intellectual and industrial properties, which are exclusive right of Alusic s.r.l. All included materials are subject to property rights of Alusic s.r.l.. 5.2 The User will not register in any Country in the world the logo and/or Trademark of Alusic s.r.l., nor any similar trademark that can be confused with Alusic s.r.l.’s Trademark.
6 Protection User identifier and password 6.1 The identification code of the User of the Software provided by Alusic s.r.l. and password must be kept as personal and confidential. Transfer or share login and password is strictly prohibited. Any violation of these prohibitions will involve the loss of the right of access, and responsibility of the User, towards Alusic s.r.l., for any damages caused by such violations. It is sole responsibility of the User to protect the password from the use of unauthorized people. The User will be responsible for the safekeeping of their identifier and password.
7 Exclusion of liability 7.1 In no event will Alusic s.r.l. have any liability arising out of or related to this license of Software for any direct or indirect damage, for lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if Alusic s.r.l. has been advised of the possibility of such damages or if Alusic’s remedy otherwise fails of its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law.
8 Applicable law and Jurisdiction 8.1 In case the User is located in a Country that accept the choice of law, these General Terms and Conditions will be interpreted and executed in accordance with Italian Law. For Users located in Countries that do not accept the choice of law, the applicable law shall be the one of such Country. 8.2 Depending on the Country in which the User has its seat, any dispute between the Parties relating to or in connection with this General Conditions and to the agreement regulated by them shall be settled by: For Users with legal seat in an EU Country: any dispute shall be settled before the Court of Torino. For Users with legal seat in an extra EU Country (without prejudice to the provisions here-below): any dispute shall be settled by a sole Arbiter appointed under the Rule and Regulation of the International Chamber of Commerce (ICC). Seat of Arbitration shall be Geneva (Switzerland), language of arbitration shall be English. The award shall be final and binding upon the Parties. For Users with legal seat in China: any dispute shall be settled by a sole Arbiter appointed under the Rule and Regulation of CIETAC. Seat of Arbitration shall be Shangai (China), language of arbitration shall be English. The award shall be final and binding upon the Parties. For Users with legal seat in Hong Kong: any dispute concerning the interpretation and execution of these General Conditions shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The numbers of Arbitrators shall be one (1). Seat of arbitration shall be Hong Kong. Language of Arbitration shall be English. The award shall be final and binding for both the Parties. For Users with legal seat in United Arab Emirates: any dispute shall be settled by a sole Arbiter appointed under the Rule and Regulation of DIAC. Seat of Arbitration shall be Dubai (UAE), language of arbitration shall be English. The award shall be final and binding upon the Parties. For Users with legal seat in one of the Gulf Countries (except UAE): any dispute shall be settled by a sole Arbiter appointed under the Rule and Regulation of GCCAC. Seat of Arbitration shall be the capital city of the Country in which the User has its seat. Language of arbitration shall be English. The award shall be final and binding upon the Parties.