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INDIVIDUAL LICENSE IMPORTANT!!! PLEASE READ CAREFULLY THIS AGREEMENT AND ANY REPLACEMENT OR AMENDMENT HEREOF BEFORE USING THE SOLUTION AND/OR ANY UPDATE THEREOF, AS APPLICABLE.
III. You expressly acknowledge and agree to use the Solution for the purposes expressly mentioned in this agreement and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction and that you have the right to use the POS Solution only as end user of the Solution. You do not have the right to use the Solution for other purposes than the purposes expressly permitted by the present agreement, but only with the express and prior approval of the Provider. The use of the Solution, except for use of the Solution as permitted in this agreement, is strictly prohibited and may subject you to civil and criminal penalties, including possible monetary damages.
VII. In order to use the Solution you must sign-up on the website, creating the account in order to perform the registration process. In order to create an account and use the Solution you must provide valid requested information in order to complete the signup process.
VIII. Except otherwise expressly permitted by the Provider, in order to use the Solution according with the present agreement you must pay a license fee/different license fee(s) (each the "license fee" and/or the "remuneration" and together the "license fees" or the "remunerations"). The license fee(s) for using the Solution by you may be also as (a) subscription(s) fee(s) (each the "subscription fee" and together the "subscriptions fees". Different license fee(s) may apply for using different version(s) of the Solution and/or for using different part(s) of the Solution and/or for using different functionalities and/or features and/or specifications (together the "specifications") of the Solution. We may also provide you promotional or (free) trial periods for using the Solution, which might be limited in time, specifications or otherwise.
If you want to pay a license fee, you must designate from the site a payment method you are authorized to use and provide us with accurate and up to date billing and payment information. We will bill you the license fee, including any applicable taxes, fees and surcharges, through the payment method you designate and you agree to pay us for all charges incurred under your account. License fee(s) has/have to be paid in advance. In case of subscriptions you (may) agree that the subscription(s) payments can be automatically charged till such subscription will be terminated. You agree that all license fee(s) and other payments are non-refundable even if you eventually stop using the Solution, except otherwise expressly specified in the present agreement. At any time the Provider may introduce specifications of the Solution and may impose a payment for using such specifications and you can use (the Solution with) such specifications, as the case may be, only under the condition of accepting and paying such payment.
The Provider (may) offer a free version of the Solution ("free version") as and if mentioned on the website. Such free version might be limited in time, specifications or otherwise.
To: [__Intelligent IT_] S.R.L., [___]:
I hereby give notice that I want to benefit of the refund policy for the license fee paid by the undersigned.
XII. You expressly understand and agree that the (drafts and/or the templates and/or samples of the) documents available through the Solution, are provided on an "as is" and "as available" basis, and, to the maximum extent permissible by applicable law, the Provider does not represent, guarantee or warrant that any (drafts and/or the templates and/or samples of the) documents are according with any applicable laws and/or in any applicable jurisdiction. The Provider makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the (drafts and/or the templates and/or samples of the) documents. The (drafts and/or the templates of the) documents, or any feature or part thereof, may not be available in all languages or in all countries and the provider makes no representation that the (drafts and/or the templates and/or samples of the) documents, or any feature or part thereof, are appropriate or available for use in any particular location and/or for any (specific) purposes. To the extent you choose to access, use and/or fill in the documents any content (the" content") and/or modify the (drafts and/or the templates and/or samples of the) documents, you do so at your own initiative and you are exclusively responsible for use and compliance of such documents (including any content and modifications) with any applicable laws in the applicable jurisdiction and the consequences of their transmission or publication. The Provider is not providing any legal, financial, accounting, tax, health care, real estate or other professional services or advice and he is not liable for any documents and/or content that you are using, transmitting and/or publishing.
XIII. The Provider, at its sole discretion, can provide you with updates. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Solution. The updates may include new specifications, may not include all the previous specifications of the Solution or the newly launched specifications in other cases. The Provider, at its sole discretion and without notice, may update from time to time the Solution, including by introducing new specifications and/or modification and/or improvement of some existent specifications, which can be implemented automatically by the Provider. Continued use of the Solution after any such updates shall constitute your consent to such updates. In case you don't agree with such updates you have the right to terminate the present agreement and your account with immediate effect, this being the only remedy applicable in such case.
XIV. The Provider reserves the right to update and change the terms and conditions from time to time without notice. Any new specifications of the Solution shall be subject to these terms and conditions. You agree that is your exclusive responsibility to check the terms and conditions each time you are using the Solution. Continued use of the Solution after any such update and change of the terms and conditions shall constitute your consent to such update and change of the terms and conditions. In case you don't agree with such update and change of the terms and conditions you have the right to terminate the present agreement and your account with immediate effect, this being the only remedy applicable in such case. The terms and conditions of this agreement, including as they will be replaced or amended from time to time, will govern and will also be fully applicable to any update, including together with any separate and/or specific terms and condition, except when a certain update is accompanied by a separate agreement in which it will be expressly specified that it is solely separately applicable for that update, in such case(s) the terms and conditions of that agreement will govern, including as these will be replaced or amended from time to time.
XVI. In order to be a registered user of the Solution you must establish an account. Registrations through any automated methods are not permitted. Don't reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify the Provider of any security breach of your account. You further acknowledge and agree that the Solution is designed and intended for use on an individual basis and you should not share your account and/or password details with another person. In order to use the Solution, you must enter an email address and password to authenticate your account. You agree to provide accurate and complete information when you register with, and as you use, the Solution and you agree to update such information to keep it accurate and complete. Failure to provide accurate, current and complete information may also result in the suspension and/or termination of your account. You agree that the Provider may store and use information you provide for use in maintaining and billing fees to your account. For the sake of clarity the (direct) access to your account, it is your responsibility and you are responsible for maintaining the security of your account and password. The Provider shall not be responsible for any losses arising out of the unauthorized use of your account resulting from you not following these rules or otherwise from your failure to comply with the security obligations.
XVIII. You may not: a) Sell, rent, transfer or sub-license the license of this Solution; b) Republish materials (the "materials") from this Solution; c) Sell, rent, transfer or sub-license material from the Solution; d) Use the materials for any commercial purpose, or for any public display (commercial or non-commercial); e) Attempt to decompile or reverse engineer any software contained by the Solution; f) Remove any copyright or other proprietary notations from the materials; or g) Transfer the materials to another person or "mirror" the materials on any other server.
XIX. You agree to use the Solution solely for your use. You agree not to enable public performance or other activities prohibited by applicable copyright law. You may not use the Solution to: (1) engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement; (2) invade the privacy right of any person or entity; (3) upload, download, post, email, transmit, store or otherwise make available any documents and/or content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable or that contains viruses; (4) impersonate any person or entity and/or misrepresent yourself as another person and/or pretend to be anyone, or any entity, you are not, including without limitation in order to complete the signup/registration process and/or while using the Solution; (5) conduct fraudulent or other illegal activities; (6) Resell, transfer or sublicense any aspect of the Solution; You must not access or use the Solution if you are prohibited from doing so under applicable laws, rules and regulations of your resident country and/or the country from which you are accessing the Solution.
XXI. By using the Solution and/or of any update and/or of any parts thereof and/or by pressing any acceptance and/or agreeing button and/or by creating the account in order to perform the registration process, you expressly, unequivocal and unconditionally agree with the processing, by the Provider, of (personal) data and/or other personal data having a function of general applicability for identification, given/provided with the occasion of creating the account and/or paying the license fees and/or using the Solution and/or otherwise, as the case may be, for the purposes of using the Solution and execute this agreement, in order to provide you any (requested) information and/or services, settlement of any claims and/or requests, for any other purposes for which the data and/or the information were provided, for informing the user about the situation of the account, for advertising, marketing and publicity, during the period the user has an account, during the entire period that you are a user of the Solution, and also after such periods, to the maximum extent permitted by the legal regulations in force, as the case may be. You also expressly acknowledge and agree that the Provider may distribute the Solution through different partners and/or may require that different payments of the license fees to be made in the accounts of different partners and (as a consequence) such partners may have access to different (personal) information and/or data and may use such (personal) information and/or data for the purpose of executing the license agreement and/or for (fiscal) purposes related to the license fees and/or otherwise, according with the legal regulations in force.
The refusal to supply some (personal) data may lead to the impossibility of (fully) using the Solution and/or of some specifications of Solution.
XXII. In case the Solution (will) offer the specification to create (automatic) backups for the documents (including any content) that you drafted using the Solution, the Provider shall use reasonable skill and due care in providing such specification, but, to the maximum extent permissible by applicable law, the Provider does not guarantee or warrant that any documents you may store or access through the Solution will not be subject to inadvertent damage, corruption, loss, or removal in accordance with the terms of this agreement, and the Provider shall not be responsible should such damage, corruption, loss, or removal occur. It is your responsibility to maintain appropriate alternate backup of the documents and any content of such documents and/or any other related information and data.
XXIII. You agree to the fact that you are not allowed and you agree not to undertake and not to allow any third party, in relation to the Solution, to copy, decompile, restore, recompile, modify, translate, perform reverse-engineering processes, disassemble, try to derive the source code, perform any tests with the purpose of discovering the source code, decrypt, create any derived products based on the Solution or perform other similar operations, in relation to the Solution, in any way and for any purpose, regardless of its nature, without the prior written consent of the Provider.
XXIV. You agree to use the Solution in compliance with all the applicable laws in the applicable jurisdiction and you are the sole responsible in this regard. Without affecting the generality of the foregoing, you must have the legal right and capacity to use the Solution according with the applicable legislation. To use the Solution, you cannot be a person barred from using the Solution under any applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this agreement, you represent that you understand and agree to the foregoing.
XXV. By using the Solution and/or of any update and/or of any parts thereof and/or by pressing any acceptance and/or agreeing button and/or by creating the account in order to perform the registration process, you expressly and unconditionally accept to receive solicited and unsolicited communications, regarding and including, without limitation, alerts, status notifications, (commercial) communications for advertising, marketing and publicity, information, materials and content from the Provider and from third parties, including by the use of automated calling and communication systems that do not require the intervention of a human operator, by electronic mail or by any other method that uses the electronic communication services destined to the public or in any other way through the Solution.
XXVI. The Solution, or any feature or part thereof, may not be available in all languages or in all countries and the Provider makes no representation that the Solution, or any feature or part thereof, is appropriate or available for use in any particular location or for any (specific) purpose(s). To the extent you choose to access and use the Solution, you do so at your own initiative and are responsible for compliance with any applicable laws.
XXVII. To the maximum extent permitted by the legal regulations in force, you acknowledge and agree expressly with the fact that the use of the Solution and of any content shall be done on your own responsibility and at your own risk and you fully assume the risks regarding the performance, accuracy and quality with regard to the Solution and/or the documents/ and/or the content.
XXVIII. To the maximum extent permitted by the legal regulations in force, you expressly understand and agree that the Solution is made available on "as is" and "as available" basis, with all the omissions, errors or defects and without any type of warranty and you acknowledge and agree expressly that the Provider does not assume any kind of responsibility and does not grant any kind of warranty regarding the Solution, either implied or express, legal or not, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, warranties regarding quality, the method of use, conformity for a certain purpose, peaceful and useful use, warranty for defects, non-infringement of third party rights, the Provider being exonerated of any liability in any such cases.
The Provider does not represent or guarantee that the Solution will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the Provider disclaims any liability relating thereto.
You expressly acknowledge and agree that the Provider does not guarantee, represent or warrant the fact that the use of the Solution will be free of problems and/or uninterrupted and/or will meet your requirements and/or it will be free of errors and/or the fact that any errors or defects of the Solution will be corrected and/or the fact that the Solution will be compatible and/or will function with any software, hardware and/or Solutions of third parties and it will not affect in any way the use of any of them, and you agree that from time to time the Provider may remove and/or suspend and/or limit (the use of) the Solution for indefinite periods of time or cancel the (use of the) Solution, in accordance with the terms of this agreement.
You expressly acknowledge and agree that the Solution is not destined for the use in situations which, regardless of the reasons, may lead to death, personal injury or damage to property or to the environment, to any other damages and/or prejudice, regardless of their nature
You expressly acknowledge and agree that no act, regardless of its nature, including any information, action, omission or recommendation from any of the parties will represent any guarantee regarding the Solution.Certain jurisdictions do not allow (total) exclusion of certain warranties or limitations of the applicable legal rights and in these cases your rights stipulated by the imperative legal regulations are not affected, you benefit from the warranties stipulated by the imperative legal regulations and the exclusions and the limitations above will not apply in the cases forbidden by the legal regulations in force.
XXIX. To the maximum extent permitted by the legal regulations in force, you expressly acknowledge and agree to the fact that, the Provider is not liable for any kind of damages, including direct and/or indirect damages and/or personal injury, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses, resulted from or related to the use or inability to use the Solution or otherwise, regardless of the method of use and whether the Provider was warned about the occurrence of such damages or if the possibility of occurrence was reasonably foreseeable. Without affecting the generality of the foregoing, the Provider is not responsible for, and shall have no liability for, the loss of or damage to your content and documents including any loss or damage resulting from the suspension or termination of the services or this agreement. Certain jurisdictions do not allow the exclusion or limitation of liability in certain cases or for certain types of damages and/or injuries and in these cases your rights stipulated by the imperative legal regulations are not affected and the exclusions and the limitations above will not apply in the cases forbidden by the legal regulations in force. In such case(s) our liability shall be capped in all situations at an aggregate sum which is maximum valid and effective under applicable law(s) and local regulations in force and shall not be in any circumstances bigger than the counter value of the licence fees paid to us by you.
XXX. To the maximum extent permitted by the legal regulations in force, you acknowledge and agree expressly to the fact that you cannot export or re-export the Solution and/or the content. Use of the Solution may be subject to the export and import laws of different countries. You agree to comply with all applicable export and import laws and regulations. Also, you agree that you will not use the Solution for any purposes forbidden by any applicable legislation, including, without limitation, the development, design, manufacturing, production and/or selling of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your account any data or software that cannot be exported without prior written (government) authorization, including, but not limited to, certain types of encryption software, without first obtaining that authorization. You may not use the Solution for any illegal or unauthorized purpose. You must not, in the use of the Solution, violate any laws in the applicable jurisdiction (including but not limited to copyright laws).
XXXI. The Solution is licensed to the user representing a Government or another company, authority, institution, association, etc., with the same rights as it is licensed to the other end users, in compliance with this agreement and only as restricted software, without the possibility of use for purposes other than the ones stipulated in this agreement.
XXXII. Some parts of the Solution can use or include software from third parties and other materials protected by copyrights. You expressly acknowledge and agree to the fact that, the licensing conditions and the liability limitations for such software and/or the conditions of use for such software must be observed irrevocably by you in addition to the terms and conditions of this agreement.
XXXIII. The Solution is protected by the regulations regarding the copyrights and the international treaties in the field. You agree to the fact that you are not allowed and you agree not to undertake and not to allow any third party, in relation to the Solution, the distribution, the reproduction, the rental, the loan, the communication, broadcasting and retransmission of the Solution and/or the realization of derived products in relation with the Solution. The breach of the aforementioned may lead to criminal and/or civil actions and to fines or damages.
XXXIV. POS and other Provider trademarks, service marks, graphics, and logos used in connection with the Solution are trademarks of the Provider. Other trademarks, service marks, graphics, and logos used in connection with the Solution may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Solution.
XXXV. The parties declare that they read the present agreement and that they agree with its terms and conditions as well as with any provisions from the agreement's content that might be considered as unusual
XXXVI. In case any provision of this agreement is and/or becomes void, illegal, invalid or inapplicable, it shall not affect the validity or the applicability of the other contractual clauses, which shall continue to be in force and to produce legal effects as if the void, illegal, invalid or inapplicable clause was not part of this agreement.
XXXVII. The user is not entitled to assign this agreement and/or to transfer otherwise, in total or in part, any of the rights and/or the obligations arising from this agreement without the prior written consent of the Provider. The user agrees that the Provider can assign this agreement to a third party, will be able to substitute a third party in the relations arisen from the agreement, the assignment producing effects towards the user from the moment the substitution is notified, and starting that moment the Provider being liberated from any obligations towards the user.
XXXVIII. In this agreement the plural shall include the singular and vice-versa.
XXXIX. This agreement contains all the understandings between the Parties and supersedes any prior understandings, written or verbal, regarding the subject matter of this agreement and represents the entire agreement between you and the Provider in this regard
XLI. The version in English language of this agreement will prevail over any other version in any other language, which will be drafted only for the local needs, except for the situation when this is not forbidden by the local regulations from certain jurisdictions.
XLII. You agree that all communications, agreements and transactions between you and us will be done electronically and you agree to receive all related notices and any terms and conditions regarding the agreement and/or the Solution by (a) e-mail to you at the email provided by you at the moment of creating/modifying of the account or otherwise provided by you to the Provider and/or by (b) posting them on the website and/or by (c) direct insertion in the Solution. To receive electronic notices, you must have access to the Internet and a current version of an Internet browser. In order to contact the Provider you will use the email address mentioned on the website.For the sake of clarity, your use of the Solution includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions apply to all records relating to all transactions you enter into in relation with the Solution, including notices of cancellation, policies and/or contracts. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.Electronic communications are full means of proof regarding the legal relationship between the parties and the communications between them.
XLIII. The user has the obligation to defend and indemnify the Provider for and against any claims, complaints and/or lawsuits, damages, costs, charges and expenses of any kind, that (may) arise from your failure to comply with any these terms and conditions. You cannot sue the Provider as a result of its decision to suspend or terminate your access to the Solution, or to take any other action during the investigation of a suspected violation or as a result of the Provider's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement. This obligation shall survive the termination or expiration of this agreement and/or your use of the Solution. You acknowledge that you are responsible for all use of the Solution using your account, and that this Agreement applies to any and all usage of your account. You agree to comply with this Agreement and to defend, indemnify and hold harmless the Provider from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by you.
XLIV. Any of the Parties is entitled to unilaterally terminate this agreement with notice sent to the other Party, without reason, without any other prior formalities and without the right for compensation. However, in case of termination of the agreement by the Provider without reason, the Provider will provide you with a pro rata refund of any pre-payment license fee for your then-current paid term, this being the only remedy applicable in such case.This agreement shall be rightfully terminated, without putting in delay (which will result from the simple fact of non-execution /inadequate fulfillment), in case your failure to correspondingly comply with any of the terms and conditions and/or in case there is a request and/or order from law enforcement, a judicial body, or other government agency in this sense and/or provision of the Solution to you is or may become unlawful.The Provider reserves the right, in its sole discretion, to suspend or limit your access to and use of the Solution, at any time, with or without notice, in case your failure to correspondingly comply with any of the terms and conditions and/or in case there is a request and/or order from law enforcement, a judicial body, or other government agency in this sense and/or provision of the Solution to you is or may become unlawful. The Provider will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Solution. Termination of the agreement may have as effect the deletion of your account. After the termination of this agreement you no longer have any rights resulted from the agreement and you bind yourselves to cease any use of the Solution. You may cease this license at any time by deleting the account.