The Grantor, Mariagiovanna Basile, owns the software in the Cloud “3D AOC Champagne Map”. The Licensee has expressed its interest in receiving the aforementioned program under license, as it is suitable for its professional / entrepreneurial needs.
The parties, with this contract, intend to regulate the terms and conditions of use of the software.
Given the above, which constitutes an integral and substantial part of this contract, the parties agree and stipulate the following:
1.1 It means by:
a) Software Service: also referred to as software, “3D AOC Champagne Map”, consisting of navigable three-dimensional maps.
b) Activation: activation of the service by filling in the online registration form at the web address www.enographiae.com.
c) Fee: the fee is the one published at the web address www.enographiae.com to be paid in advance following the information provided by the Grantor containing the details for the use of the service due exclusively to access to the product / products purchased.
d) Grantor: Mariagiovanna Basile, based in Milan (MI), Via N. Oxilia, 19A, VAT number 10807100960, service provider subject to the present general service conditions.
e) Licensee: also referred to as customer or general user, the user of the software service.
f) Partners: any third parties to whom the grantor may transfer certain phases of service provision and accessory services.
g) Technical Specifications: the minimum features of the device used by the Licensee.
2.1 The Licensor grants the licensee access to the product / products purchased of the software “3D AOC Champagne Map”.
The license for use is granted on a non-exclusive basis and is not transferable to third parties.
The Licensee or customer remains solely responsible for the correctness of the information and, therefore, for the choice of software.
2.2 The software use service is provided by the Licensor with the corresponding features and prices described on the website www.enographiae.com and makes available to the Licensee:
a) access via Internet connection to the product / products purchased;
b) assistance by sending an e-mail in the CONTACTS section of the website www.enographiae.com from Monday to Friday excluding holidays from 9.00 to 13.00 and from 15.30 to 18.00;
c) activation of the service with credentials to access the software.
2.3 The use of the software must be carried out with the help of any browser that supports the WebGL libraries, using a Personal Computer as a device.
3. Conclusion and effectiveness of the contract
3.1 The contractual relationship is considered concluded with the advance payment of the fee as per art. 1 co. 1 letter c) at the time of activation of the service and with the acceptance of the same by the Grantor, without any communication obligation but following the activation procedures of the service as indicated in the art. 2.
3.2 It will not be possible to request reimbursement of the amount of the fee and any additional services requested by the Licensee.
4.1 The duration of the contractual relationship is a function of the stipulated contract which starts from the day of payment of the service with the authorization to access the product / products purchased.
4.2 The contract must be renewed by the customer at each expiration. The renewal can be carried out following the instructions that the grantor will transmit by e-mail near the expiry of the contract within the following deadline: 10 DAYS BEFORE EXPIRY.
4.3 By not making the renewal payment on the day following the expiry date, it will no longer be possible to access the product / products purchased.
4.4 After 10 days from the absence of products in the Licensee's account, the Grantor will delete the aforementioned account.
5. Prices and payment methods
5.1 The service fee is to be paid in advance following the instructions provided by the Grantor containing the details for the use of the service due exclusively to access to the product / products purchased;
5.2 The Licensee will be required to pay the fee for the product (s) purchased based on the price list;
5.3 Without prejudice to the provisions of the previous paragraphs, for non-payment the Grantor will immediately suspend access to the product / products purchased; therefore, the contract will be resolved.
6. Changes to the general conditions of the Service
6.1 The Grantor reserves the right to update the technical specifications of the software at any time (art. 2.3), in order to improve its performance and functionality. If the change entails new ways of using them, these will be communicated via the blog on the website www.enographiae.com.
6.2 The Licensor also reserves the right to change the software prices at any time due to increases in operating costs, by publishing the new price lists on the official website of the software, or by communicating them directly to the licensee. With the payment of the new price, the Licensee will show his acceptance of the changes for conclusive behavior.
6.3 If the Licensee does not intend to accept the change in the prices referred to in paragraph 6.2 above, he may immediately withdraw from the service by notifying the Grantor by registered letter with acknowledgment of receipt or by PEC (firstname.lastname@example.org) without prejudice to the right of the Grantor to receive the fee related to the product / products purchased, with the exclusion of any other indemnity.
7. Obligations and responsibilities of the Licensee
7.1 The activation of the software by the Licensee does not give him any right on the techniques and procedures contained in it that remain the property of the Grantor and cannot be used for purposes other than those indicated in the official website of the service.
7.2 The Licensee undertakes not to grant, either free of charge or against payment, the service in use or to sublicense it to third parties, including parent companies, subsidiaries or belonging to the same group as the Licensee.
7.3 The Licensee is obliged not to transfer to any third party (as defined in the previous paragraph), even partially, the alphanumeric codes (named username and password) necessary for the use of the service, assuming the custody and obliging, in particular, to preserve them with the utmost care and confidentiality and to be held accountable to the Grantor and any third parties in the event of violation, even partial, of the obligations imposed on him by this paragraph.
7.4 If the ancillary services to be performed by the Licensor require data entered by the Licensee in the Software or transmitted by other means (e-mail, fax, etc.), the Licensee remains solely responsible for the truthfulness of the data entered or delivered.
8. Obligations of the Grantor and guarantees
8.1 The Grantor undertakes to ensure the continuity and quality of the service as described on the website www.enographiae.com except as provided by the following art. 9.
8.2 The Licensor guarantees that the licensed software complies with the technical and functional characteristics described on the official website of the service. This warranty, conditional on the proper functioning of the Licensee's hardware and its correct use, refers exclusively to the operational defects inherent in the application. Therefore it does not extend to malfunctions due to incorrect use and / or atypical use of the software.
8.3 The Licensor, in committing to keep the software covered by this license agreement in a good state of maintenance, guarantees that the service and accessory services are able to perform the operations and produce the results illustrated to the Licensee who, upon accession to the service and ancillary services, declares to have been informed and that meets its needs.
8.4 The Licensor undertakes to maintain the software covered by this license agreement in such conditions as to guarantee the functions necessary for the agreed use.
9. Service Suspensions
9.1 The Grantor does not guarantee to the Licensee the continuity of the connection to the software platform and, therefore, it will not be in any way responsible for any technical disruption that prevents the connection to the platform, or to individual pages of it and / or the use of one or more functionalities of the same.
9.2 The Licensor declines all responsibility for interruptions of the service and ancillary services due to unforeseeable, exceptional and force majeure causes such as hacker attacks, telephone line breakdowns, electrical and / or national or international networks and / or their own or other technical equipment operators necessary for the regular operation of the service and not dependent on poor maintenance attributable to the Grantor.
9.3 The Grantor, if suspending the service and ancillary services for the occurrence of one of the hypotheses referred to in the previous paragraph, will not be required to reimburse the portion of the corresponding price of the service and accessory services corresponding to the period not taken.
9.4 The Grantor will not, under any circumstances, be required to pay further indemnities, not even of a compensation nature, relating to direct or indirect damages suffered by the licensee or third parties due to the use or non-use of the service and accessory services.
9.5 To this end, the Licensee acknowledges and declares that he will have nothing to claim against Mariagiovanna Basile in the event of disruptions that could compromise access to the platform or its correct and complete functionality.
10. Exclusion of liability for indirect damages
10.1 In no case shall the Grantor or its suppliers be liable for damages (including, without limitation, damage due to loss or loss of earnings, business interruption, loss of stored information or other economic losses) resulting from the use of the software or attacks hacker, even in the event that the same has been warned of the possibility of such damages, except for what is mandatory by law. In any case, the liability of the Licensor pursuant to this contract will be limited to an amount corresponding to that actually paid for the software, which the parties predetermine as a penalty.
11. Major force
11.1 None of the parties will be responsible for the non-fulfillment of any of the obligations provided for in the contractual relationship if the cause is an event beyond its control, unpredictable and unavoidable. For the purposes of this clause and without the following list being considered exhaustive, an event of force majeure will include: declared and non-declared wars, natural cataclysms, explosions, fires and destructions boycotts, strikes and lock-outs of any kind legitimate Authority acts or not, epidemics.
11.2 If an event of force majeure occurs, the party who suffers the consequences by defaulting, will immediately inform the other party in writing of the occurrence of this event in writing .
11.3 For the entire period in which the force majeure event or its effects will remain, the defaulting party will not be held responsible for its inability to perform the obligations whose performance is prevented by the force majeure event, without prejudice to the fact that these obligations they will be fulfilled as soon as possible and after the event of force majeure ceases.
12. Confidentiality clause
12.1 The Licensee is obliged to keep the technical aspects and the solutions adopted in the service and in the accessory services confidential, even for particular customizations adopted against him.
12.2 The Grantor undertakes to implement all the measures necessary to guarantee the security of the data required by the d. lgs. 196/03 - Code regarding the protection of personal data in the provision of the service and accessory services, as regulated in the following art. 13.
13.1 The personal data provided by the customer to Mariagiovanna Basile are protected pursuant to articles 13 and 14 of European Regulation 679/2016 concerning the protection of personal data ("GDPR") and subsequent amendments. The data controller is Mariagiovanna Basile.
13.2 The provision of all data relating to this contract is strictly linked to the execution of the relationship for which any lack of consent will make it impossible to execute the contractual relationship .
13.3 Mariagiovanna Basile does not sell, rent, or lend to third parties, its user lists and related data.
14. Express termination clause
14.1 Without prejudice to any other right of the Grantor, any non-fulfillment, even of minor importance, by the Licensee of the obligations referred to in the articles 5 and 7 of this contract will result in the immediate termination of the right, pursuant to art. 1456 c. c., without prejudice to the right to compensation for any further damage.
14.2 The contractual relationship will be resolved by right for fact and fault of the Licensee, if the Grantor declares by registered letter A.R. or PEC, which intends to make use of this clause.
14.3 The contractual relationship will be resolved by law and by the fault of the Grantor, if the Licensee declares by registered letter A.R. or other valid means that intends to make use of this clause, in the case of violation, by the Grantor of the obligation pursuant to art. 11 co. 2.
14.4 The declaration referred to in the preceding paragraphs will take effect from the date of receipt of the relevant communication.
15. Safeguard clause
15.1 The Grantor reserves the right to unilaterally change each of the clauses of this contract at its sole discretion. If no remarks are made on them or the service is not canceled within the period of 30 days after such changes have been made, the changes will be deemed accepted.
16. Referral clause
16.1 The present contractual conditions of the service and the request govern the relationship of supply of the service, of the activation and of the accessory services.
16.2 In the event of conflict between the provisions of these general terms and conditions and the specific provisions contained in the request, these will prevail.
16.3 By subscribing to the service, the Licensee accepts the clauses of the present general conditions of the service and the request to join the service and acknowledges having read it.
16.4 This contract is regulated by the Italian law. For anything not covered by this contract, please refer to the provisions contained in the Civil Code and special laws.
The confirmation of the order on the web page www.enographiae.com prepared is equivalent to the declaration expressed pursuant to and for the purposes of articles 1341 and 1342 c. c., to have read the clauses contained in the articles indicated below: art. 5 - Prices and payment methods; art. 7 - Obligations and responsibilities of the Licensee; art. 9 - Suspensions of the service; art. 10 - Exclusion of liability for indirect damages; art. 11 - Force majeure; art. 12 - Confidentiality clause; art. 14 - Express termination clause; art. 15 - Safeguard clause.