Sales Contract Software license
This Agreement is concluded between a user (natural or legal person) and D-One for the product (hereinafter "SOFTWARE PRODUCT") indicated above. For SOFTWARE PRODUCT we mean the package, the support, the printed material, the documentation ("online" and / or electronic), the online products (such as cloud, web pages, app) and the software (both in its completeness and in the its parts, including, but not limited to, title, images, photographs, animations, video, audio, music, text, applets and other integrated components made by D-One). By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree without exception to all the terms of this Agreement. The user who does not intend to accept all the terms of this Contract, is obliged to refrain from installing, copying, or otherwise using the SOFTWARE PRODUCT in any way. The SOFTWARE PRODUCT is protected by international copyright laws and treaties and by international copyright laws and intellectual property is the property of D-One. The SOFTWARE PRODUCT is licensed and not sold to you. D-One also reserves all rights not expressly granted by the terms of this Agreement.
Limited non-exclusive license grant
The SOFTWARE PRODUCT is considered in use when it is loaded on the temporary memory (ie the RAM) or is installed in the permanent memory (ie hard disk, CD-ROM or other storage medium) of the computer in question, the smartphone, the tablet, or when you are logged in to the cloud, or to various web services. Installation on a server is strictly prohibited without a special and separate network license obtained from D-One. This Agreement does not represent such special license required for network installation. Installation on a network server constitutes use subject to the terms of this Agreement. This license does not represent the sale of the original SOFTWARE PRODUCT or a copy of it. You may not sell, rent, lease, loan or otherwise transfer the SOFTWARE PRODUCT and / or the accompanying material to another natural or legal person. The conditions for the use of the SOFTWARE PRODUCT online, in force when the User orders or renews a subscription to a service, will apply for the duration of the validity period of such subscription. For services billed periodically based on usage, the relevant conditions in force at the beginning of each billing period will be valid for the entire period.
Intellectual property law
D-One maintains all rights, property and interests related to this SOFTWARE PRODUCT and related manuals, packaging and other written (collectively, the accompanying material), including, but not limited to, copyrights, trademarks, trade secrets, trade names, property rights, patents, titles, computer codes, audiovisual effects, themes and graphics. The SOFTWARE PRODUCT and the accompanying material are protected by copyright laws valid in Italy and by the laws and copyright treaties applicable worldwide. All rights reserved. The SOFTWARE PRODUCT and the accompanying material may not be copied or reproduced in any form or by any means, in whole or in part, without the prior written consent of D-One. Those who copy or reproduce, in whole or in part, the SOFTWARE PRODUCT or the accompanying material, in any form or by any means, will knowingly violate copyright laws and will be subject to civil and criminal penalties.
Backup or storage of the SOFTWARE PRODUCT
Once the SOFTWARE PRODUCT is installed in the permanent memory of a computer, the user may store and use the original disks and / or CD-ROMs for backup or archival purposes only.
User may not copy or otherwise reproduce the SOFTWARE PRODUCT or the accompanying material, modify or prepare derived copies based on the SOFTWARE PRODUCT or the accompanying material, distribute copies of the SOFTWARE PRODUCT or the accompanying material by sale or transfer of ownership; rent or lend the SOFTWARE PRODUCT or the accompanying material or publicly display the SOFTWARE PRODUCT or the accompanying material except as specifically provided for in this Agreement. It is expressly forbidden to transmit the SOFTWARE PRODUCT or the material supplied electronically or by other means on the Internet or by any other means or to any other part. It is expressly forbidden to sell or otherwise use components or basic elements on or relating to the SOFTWARE PRODUCT or the accompanying material for profit. It is prohibited to reverse engineer, decompile or disassemble the SOFTWARE PRODUCT in any way. Any copy of the SOFTWARE PRODUCT or the accompanying material, not specifically permitted by this Agreement represents a violation of the Agreement itself.
Technical support service
The D-One in some cases provides the user with a support assistance service, which is governed and maintained exclusively by D-One itself, and is subject to receive of the online registration and / or communication of the License Number and is done by telephone, at the user's site or at the D-One site, as a result of the need for the case. It is not part of the support service nor the consulting activity, nor the communication of information on problems of a non-technical nature, nor the taking into account of solvable problems by simply reading the documentation provided or connected to the use of other software.
Support service is provided through the purchase of a voucher of 30 or 60 minutes. At the end of the assistance D-One will scale the minutes used for this service, with a 5 minutes steps. D-One will provide the service up to 30 minutes debt from the customer who has already bought a voucher, under this threshold D-One will not provide any type of assistance, even for errors. In the event that the customer reports an error in the software and claims to receive assistance on the latter, he will still have to buy a voucher if his position is due of minutes. If it is confirmed by D-One that this is a software error, the minutes used to resolve the error alone will not be detract.
The use of the SOFTWARE PRODUCT is subject to its activation by the Customer. D-One reserves the right to verify the validity of the use licenses installed at the Customer, also with the aid of electronic programs, with automatic transmission from the latter to D-One of the identification data of the licenses present on the Customer's systems and terminals. The SOFTWARE PRODUCT may therefore request from time to time the validation features of the same. Validation allows you to verify that the SOFTWARE PRODUCT has been activated and has a regular license. In case of failure to validate the validation, the use of the SOFTWARE PRODUCT will be inhibited. If, during the validation phase, it is detected that the SOFTWARE PRODUCT installed on the Customer's device is counterfeit, does not have a regular license or is not an original D-One product, the Customer can no longer continue to use that SOFTWARE PRODUCT and D-One will suspend the provision of any service in favour of the Customer.
D-One can achieve at any time update or new versions of the SOFTWARE PRODUCT, without being in any way obliged to provide updates to special conditions for those who have previous versions of the SOFTWARE PRODUCT, even if it reserves the possibility to carry out commercial operations of this guy. D-One does not guarantee compatibility between the different versions of the SOFTWARE PRODUCT, even if, generally, the needs of those who are using previous versions will be taken into consideration. The use of the SOFTWARE PRODUCT updates is allowed only to holders of a regular license of the SOFTWARE PRODUCT subject to updating, replacing and / or integrating the SOFTWARE PRODUCT itself and keeping the provisions of this Agreement unchanged. In particular, the user can not lease, lease or loan the update of the SOFTWARE PRODUCT and can not in any way copy it, photocopy it, translate it, modify it and / or make it available in any form on the Internet without prior authorization written by D-One.
Warranty limitations and clauses
D-one warrants for a period of ninety (90) days from the date of
purchase as evidenced by the sales invoice that the SOFTWARE PRODUCT
Storage Support is free of defects in material and workmanship under
normal use and maintenance. If, for any reason, you encounter any
defects in the Storage Support or if you are unable to install the
SOFTWARE PRODUCT on your personal computer or laptop, smartphone,
tablet, or log in to the products online, you can return the SOFTWARE
PRODUCT and all the materials supplied with the D-one to replace the
SOFTWARE PRODUCT. This limited warranty does not apply if the SOFTWARE
PRODUCT has been accidentally damaged or misused.
Customizations and adaptations performed by D-one on the SOFTWARE PRODUCT if performed in remote assistance directly on the SOFTWARE PRODUCT, making use of the direct and immediate verification by the Customer, are excluded from the warranty. In cases where customizations and adaptations on the SOFTWARE PRODUCT are delivered remotely to the Customer after internal development, the Customer has maximum 5 working days to report by e-mail to email@example.com, any malfunctions on the delivered implementation. Beyond these terms the warranty on customizations and defects or deficiencies reported, may be considered according to the methods provided by the standard service, regulated by the purchase of Vouchers.
Protection of customer rights
The exclusive rights of the user, and the entire responsibility of the D-one, will be limited to replacing the storage medium containing the SOFTWARE PRODUCT or total reimbursement of the price paid for the SOFTWARE PRODUCT. The opening of the sealed package of the SOFTWARE PRODUCT, the installation and / or use of the SOFTWARE PRODUCT or the accompanying material represents the user's acceptance to renounce all possible repairs permitted by law or by right. Any repairs that the customer may not give up due to matters of public policy are assigned or will be assigned, as soon as they become available, to the D-One.
Warranty exemption clauses
Except for the explicit limited warranty described above, D-One does not grant express or implied warranties, either oral or written, relating to the products or their constituent components. Any implied warranties that may be imposed under applicable laws are limited in any case to the maximum allowed limit and the duration of the limited warranty. D-One does not endorse, warrant or guarantee the quality or performance of the SOFTWARE PRODUCT or the accompanying material other than what is stated in the aforementioned limited warranty. D-One does not endorse, warrant or ensure that the functions of the SOFTWARE PRODUCT or the accompanying material meet the user's requirements or that the SOFTWARE PRODUCT functions continuously, is error-free or that the problems are solved. D-One does not guarantee that the SOFTWARE PRODUCT will work in a multi-user environment. Any oral or written information or advice from D-One, its distributors, directors, officers, clerks, agents, contractors or affiliates does not represent any other warranty or will prolong or broaden the scope of this warranty. The user can not rely on such information or advice.
Limitations of liability
With regard to each SOFTWARE PRODUCT, the maximum overall liability
of each party towards the other, under this contract, is limited to
direct damages settled definitively with an amount that shall not exceed
the amounts that the User will have due pay for the SOFTWARE PRODUCT,
during the period of validity of this contract. For online products,
D-One's liability to the User, for any unforeseen event giving rise to a
complaint, will not exceed the amount that the User will have paid for
the SOFTWARE PRODUCT during the 12 months that precede the unforeseen
event, it being understood that the total responsibility of a party can
not exceed the amount paid for the SOFTWARE PRODUCT online, during the
subscription. As for the SOFTWARE PRODUCT provided free of charge,
D-One's liability is limited to the direct damages settled definitively
up to the maximum sum of 200 Euros (200 €). In no case will both parties
be liable for damages for lost profits or for indirect, special,
incidental, consequential, moral or exemplary damages or damages due to
loss of use, loss of profits or profits, interruption of activity or
loss of commercial information, regardless of any cause or hypothesis of
responsibility. The limits of liability apply to the maximum extent
permitted by applicable law but not in the case of infringement of the
other party's intellectual property rights.
None of the parties will be responsible for the non-execution of the services due to force majeure (fires, explosions, electrical blackouts, earthquakes, floods, storms, strikes, embargoes, disputes with workers, acts by civil or military authorities, wars, terrorism, also informatic, force majeure, acts or omissions of the internet traffic carriers, actions or omissions by public bodies, including the approval of laws or regulations or other acts of the Authority that have repercussions on the provision of services). However, it will not apply to payment obligations assumed by the User pursuant to this Agreement.
It is also agreed that the SOFTWARE PRODUCT is GDPR ready but is not suitable to be used to process health data (article 9) and / or judicial data (art 10), therefore the use is not allowed for the introduction of such types of data. The use is allowed only to users who have reached the age of majority.
This contract is governed by the laws in force in Italy, regardless of the laws of the individual countries, and for any dispute and dispute the court of Modena is exclusively competent. This Agreement may only be amended with a written document specifying the change, ratified by both parties. In the event that any of the provisions of this Agreement can not be applied, this clause will be applied to the maximum extent possible; the other provisions of the Contract will remain in force.
This Agreement represents the entire agreement between the parties and replaces any communications, proposals or prior oral or written agreements between the parties or any resellers, distributors or employees.
This Agreement is valid until terminated. This Contact is automatically terminated (without notice) if you do not act in accordance with the terms of the Agreement. The Contract may also be terminated by destroying the SOFTWARE PRODUCT and the accompanying material and of all copies and reproductions thereof and the definitive elimination of the SOFTWARE PRODUCT from any client server or computer in which it was installed.
The user agrees that if the terms of this Agreement are not respected, D-One would be irreparably damaged and therefore agrees that D-One is entitled, without written commitments, other guarantees or proof of damages, fair repairs adequate for any violation of this Agreement, as well as any other repairs.
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, we inform you that the processing of personal data personal data concerning you is intended to offer you the possibility to receive technical, commercial and advertising material from D-One and its affiliated bodies. You can access, modify or delete your personal data freely by writing to D-One at the office indicated below.
D-One informs Users who use the websites owned by D-One and for all D-One Software House branded software, which, having regard to the contents of articles 9, 10 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, concerning the protection of individuals with regard to the processing of personal data, as well as the free circulation of such data, assumes no responsibility if Users, in use, violate these articles.
Terms and conditions to use D-One softwares Cloud
This Agreement is signed between a Customer (natural or legal person) and D-One for the use of D-One software in the Cloud version (hereinafter "Cloud"). Cloud means the use of the software through authenticated access with the consequent creation of databse synchronized with the servers owned by D-One. By creating and usign the Cloud, the Customer accepts without exception all the terms of this Agreemen. The Customer who does not intend to accept all the terms of this Agreement, is obliged to refrain from creating and using the Cloud. The Cloud is licensed and not sold to the Customer. D-One also reserves all rights not expressly granted by the terms of this Agreement.
Method of stipulation of the Agreement
This Agreement allows the Customer to use the Cloud for personal use on his devices. The Cloud is considered in use, and therefore the Agreement stipulated, as long as tere is a database on the servers owned by D-One, sreated with the Customer's credentials.
The Agreement is stipulated when the Customer accepts it during the creation of the Cloud database. Failure to accept the Agreement will not allow its creation.
Fee and payments
The Customer is required to pay the fee for the use of the service in question (which the Customer declares from now on to know and then defined Price List ). D-One reserves the right to make changes to the Price List, provided that the new Price List will be applied after the expiry of the service signed by the Customer.
The Customer acknowledges and accept that payment can be made only by one of the method indicated.
In case of failure or delayed payment of any amount due under this Agreement, D-One shall have the right to immediately suspend and without further notice any perfomance until receipt of the due.
Use of the service
The Customer has the possibility to activate different types of subscription to the Cloud version of D-One softwares. Subscriptions have a limited duration.
The Customer acknowledges that to use D-One softwares in Cloud will have to equip himself with electrical, electronic or any other kind of equipment, software, telephone and / or network services and anything else necessary and that the service does not include the provision by D-One of tools necessary for access to the Internet. The Customer undertakes to keep D-One harmless from any claim that may be made against the latter in any way related to the inability of the hardware and / or network and / or software systems allow the correct use of the service.
Malfunctions or faults
In case of reporting of faults or malfunctions, the Customer undertakes to provide all the specifications and information requested by D-One.
In the cases referred to in the previous point where the complaint complained of by the Customer refers to problems relating to the cloud infrastructure, D-One undertakes to promptly request the intervention of the infrastructure provider and cloud services, provided that the Customer does not can claim any kind of claim against D-One for any disruption that is attributable to the infrastructure provider and the Cloud services.
Limitation in using the service
With the activation of D-One software version in Cloud, the Customer is considered sole and exclusive responsible for the use of the service. The Customer acknowledges to be solely responsible for the contents entered, present, transited and / or stored on the servers hosting the service and is obliged to use the service exclusively for lawful purposes and permitted by law provisions applicable from time to time. without infringing any third party rights. It is also agreed that D-One softwares are GDPR ready but are not suitable to be used to process health data (art 9) and / or judicial data (art 10), therefore the use is not allowed for the introduction of such types of data. The use is allowed only to users who have reached the age of majority.
Cases of suspension and/or interruption
D-One has the right to suspend and / or discontinue the provision of the Cloud in case of improper use or violations of this contract.
Deleting the database from the servers
D-One will delete from its servers the customer database after 30 calendar days from the interruption of the service and / or non-payment of the renewal of the contract.
Guarantees and responsabilities
The Customer acknowledges and accepts that D-One does not issue express or implied declarations or warranties as to whether the Cloud service is suitable for satisfying the Customer's requirements or that it is free of errors. The Customer acknowledges that D-One, under no circumstances, can be held responsible for any damage that may arise to the Customer or third parties as a result of delays, non-performance or malfunctioning and / or interruption in the provision of the Cloud service. In any case, within the maximum limits permitted by law, the responsibility of D-One can never exceed the amount of the amount spent in the last 12 months exclusively for the Cloud service by the Customer
The Customer qualified as a "consumer" in accordance with Article 3 of Legislative Decree 2016/2005 (so-called "Consumer Code"), therefore the person acting for purposes unrelated to entrepreneurial or professional activity, will have the right to withdraw within 10 ( ten) days from the present Agreement without any penalty, with a written communication sent by registered mail at D-One Software House Via Genova 12, 41012, Carpi (MO) or by certified e-mail (PEC) to the e-mail address firstname.lastname@example.org.
D-One reserves the right to withdraw from the Agreement at any time and without obligation to give reasons, giving written notice to the Customer, with a notice of at least 30 (thirty) days. Once this term has elapsed, the contract must be considered terminated and / or terminated and D-One can deactivate the Cloud service without further notice and reimburse the Customer for any amount already paid. In any case, any other liability of D-One for the exercise of the right of withdrawal and / or non-use of the Cloud service by the Customer and the consequent right of the latter to claim any other refund or indemnity or compensation remains expressly excluded.
The duration of the Agreement is agreed upon from the activation date of the Cloud service for a period equal to the duration of the subscription chosen as indicated in the Price List.
Applicable law and exclusively competent court
This Agreement is subject to Italian law. The competent court is Modena.
With reference to the processing by D-One of personal data of third parties of which the customer is the data controller and from the latter entered or otherwise processed in the performance of the contract ("Personal Data of third parties"), pursuant to General Regulations for the Protection of Personal Data 619/2016 (GDPR), D-One is considered as Data Processor, it is possible to request the register of treatment for third parties by sending a request by e-mail to email@example.com.
The personal data of the Customer, or of the Client's staff and collected and processed by D-One for the purposes and with the proper procedures and for which the processing is proprietary, will be processed in compliance with the information contained in the website http: / /www.d-one.info/privacy-policy.
General rules governing Marketing activities by Promoters external to D-One
Any form of advertising that arises from
the will of external Promoters will be financially supported by their
efforts, and must be in line with the Discalmair reported below.
Direct Marketing and Social Campaigns are entirely the responsibility of the Promoters who undertake to use the Assets provided by D-One.
The Nios4 logo and all derivative programs, as well as of the manufacturer D-One, cannot contain or be combined with:
- Violence: violent images and content
- Sexuality: sexual images and material or nudity
- Language: texts, words and articles of any kind containing potentially offensive language
- Restricted Substances: material and content with references or images of illegal drugs
- Activities and Content only for Adults: Promoting products, items or activities that are typically for adults, such as cigarettes, alcohol, firearms, or gambling
- Political and Religious contents: images, contents and symbols of religious political propaganda
It is therefore prohibited and punishable any use that does not comply with the above indications. All marketing actions and initiatives of the external Promoters are to be understood as carried out independently and release Nios4 and the D-One manufacturer from any type of civil and criminal liability.
It is also forbidden to associate Nios4 and its Brands and Templates with inappropriate products and content such as:
- images that damage people personal image or that use Minors and their images
- disclose advertising on clothing
The use of the Logo and its official declinations collected in the Assets provided by D-One is allowed for:
- set-up exhibition stand
- setting up company vehicles and vehicles in general
- Hardware sponsorships
- activation of social channels
- Landing Page creation
- editorials and articles in print and online sector portals