This Service contract and User license, hereinafter referred to as the "Contract" between the Customer (hereinafter referred to as "Customer") and SOFTVISION SRL (hereinafter referred to as “SOFTVISION”) concerns the My WiFi Service web application (hereinafter referred to as “WEB APPLICATION”), includes access via credentials/personal accounts (user name and password) to the WEB APPLICATION and may include printed material and "online" or electronic documentation. By using the WEB APPLICATION, the Customer accepts the binding conditions in this contract. Should the Customer not accept the terms and conditions of this contract, s/he may not access and use the WEB APPLICATION.
SOFTVISION grants the Customer the non-transferrable, non sub-licensable and non-exclusive right to use the WEB APPLICATION until the set expiration date, and extends this right to the customer's associates, suitably identified by the creation of personal login credentials (user name and password). License fees must be paid according to the price set for each enabled account.
The WEB APPLICATION is property of SOFTVISION and is protected by copyright and industrial property laws, international treaties and all other domestically applicable laws. SOFTVISION is the owner of the name and all intellectual property rights concerning the WEB APPLICATION. The WEB APPLICATION is granted as a license, not sold. Consequently, the Customer must treat the WEB APPLICATION as any other material covered by intellectual property rights. Manipulating, altering, converting, decoding, decompiling, dismantling or, in any case, creating products derived from or based on the WEB APPLICATION or its parts are prohibited by law.
The following Limited Warranty is the only express warranty granted to the Customer. Except for the warranty restrictions and as admitted by applicable law, SOFTVISION provides the WEB APPLICATION "as is" and with potential defects and does not acknowledge any warranty, express or implicit, including, as an example, any implicit warranties or conditions concerning the marketability, suitability for a specific purpose except for the services indicated below, reliability or availability, accuracy or thoroughness, results, lack of viruses and lack or negligence or proficiency referring to the WEB APPLICATION.
To the maximum extent permitted by applicable law, in no event shall SOFTVISION be liable for special, accidental, moral, indirect or consequential damages or other damages of any type, therein including, without limitations, damages for loss of profits or revenue, loss of confidential or other types of information, business interruption, physical damages, loss of privacy, failure to observe obligations including that of conduct in good faith or with reasonable diligence, negligence or other pecuniary or other type of loss, due to the use or inability to use the product or in any other way tied to WEB APPLICATION use or, in any case, in combination with any provision in this contract, even in the event of error, tort (therein including negligence), strict liability, breach of SOFTVISION contract or warranty even when SOFTVISION has been advised of the possibility of such damages. In no event shall SOFTVISION be liable for any legal violations committed by the Customer.
Should the Customer use the WEB APPLICATION to process third party personal data, data may only be entered in the WEB APPLICATION after receiving the necessary authorization from the concerned party. The Customer, entering data in the WEB APPLICATION, explicitly states to have collected, processed and stored data as per Legislative Decree 196/03, as currently enforced, informing the concerned party that data will be visible to SOFTVISION for reasons associated with good WEB APPLICATION operations and will be processed with "cloud" technology. Furthermore, the Customer states to have informed the concerned party that SOFTVISION may use this data anonymously and in groups, even for sales purposes. The Customer states to abide by data privacy and processing regulations and shall meet the Privacy Guarantor's provision nr. 58, web document nr. 1103045 dated 24 February 2005. Any document template, provided by SOFTVISION to the Customer, is purely indicative and shall not imply any SOFTVISION liability. By signing this contract the parties consent to reciprocal data processing for the purposes associated with the service and relevant administrative-accounting activities, as per Legislative Decree 196/03.
All the clauses in this contract also apply to the subsequent versions or supplements to the WEB APPLICATION supplied by SOFTVISION.
The price for the WEB APPLICATION user license and services associated with the WEB APPLICATION is that indicated in the economic proposal.
This contract is in effect for a minimum of three months, or as indicated in the economic proposal if longer. SOFTVISION agrees to maintain, directly or through "cloud" technology, the data entered by the Customer for a period of three months following contract termination. The Customer authorizes SOFTVISION to maintain this data considering that maintenance is in the Customer's exclusive interest should a new contract be stipulated identical or similar to this one.
This Contract is effective until withdrawal or termination. The Customer may withdraw from this Contract at any time, provided all WEB APPLICATION login credentials are destroyed. Furthermore, SOFTVISION has the right to immediately terminate this Contract in the event of Customer breach of any important condition hereto, including the failure to observe privacy regulations and the use of the WEB APPLICATION for purposes extraneous to this contract. In the event of termination, the Customer agrees to destroy all WEB APPLICATION login credentials.
Should a Court or other legal body with jurisdiction in any Country deem a condition in this Contract invalid, this invalidity shall not effect the remaining conditions in this contract which shall continue to be legal and enforceable.
This contract is governed by Italian law and any dispute that may arise on the interpretation and management of this user license shall be submitted to the Court of Avezzano - Italy.