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 1.       General

1.1. The present general conditions of the license (hereafter "CONTRACT") concern the software licenses (hereafter collectively "LICENSE") granted online by URMET S.p.A. (hereafter "URMET"), with headquarters in Via Bologna 188/C, 10154 Turin, Italy, holder of the rights relating to the PABX iPerTAlk product composed of hardware and software (below "PRODUCT").

1.2.    By sending the order, the customer agrees to be bound by the terms of this CONTRACT.

1.3.  Customer means exclusively the professional customer (Installer, Wholesaler, CAT-Technical Assistance Center, from now on collectively defined as "CUSTOMER") who undertakes to purchase and use the software LICENSE exclusively in the context of his professional activity and therefore the Italian "Consumer Code" will have no application in this CONTRACT; accepting this CONTRACT the customer declares to act as a "professional" according to art. 3 paragraph 1 sub c) of the Italian d.lgs. n. 206 of 06-09-2005.

 

 

2.       Grant of LICENSE

2.1.   URMET grants the CUSTOMER a LICENSE to use a copy of the software on a single PRODUCT, as defined in the following points 3.1 and 3.2.

2.2.  The LICENSE will be non-exclusive, perpetual, onerous and sub-licensable by the CUSTOMER, once only, and only to a person who has previously purchased the PRODUCT.

2.3.   Use of a copy of the software means storing, loading, installing, running or displaying the features enabled in the PRODUCT.

2.4.    The CUSTOMER cannot modify the LICENSE or disable the functionalities of the LICENSE.

2.5.   The sharing of this LICENSE with other subjects or the authorization to other persons to visualize the content of this LICENSE shall be considered as a violation of the present CONTRACT.

2.6.    It is forbidden to make the LICENSE available on a network or in any way to provide the LICENSE to more users.

 

3.       Completion of the purchase of the LICENSE

3.1. The LICENSE can be purchased from the portal https://store.urmet.com/ (hereafter "PORTAL") following the explicit acceptance of this CONTRACT and in the ways indicated on the PORTAL.

3.2 For this purpose, these terms and conditions will be considered integrated by the CUSTOMER’s order indicating the licenses that he intends to purchase and by the record card relating to the single LICENSE ordered on the PORTAL with the relative price indication.

3.3 This LICENSE, in order to be used, must be associated with a single PRODUCT and only that, through an UUID (Universal Unique IDentifier) ​​code, personal and strictly linked to the PRODUCT to prevent its illegal use.

3.4 This UUID code is present in the PRODUCT, and must be entered, in the ways indicated on the PORTAL, to generate the LICENSE.

3.5 After the activation, the LICENSE will be inseparably linked to the PRODUCT on which it will be activated except as subsequently provided for.

3.6  The LICENSE will be made available to the CUSTOMER through the possibility of downloading it from the PORTAL

 

4.        LICENSE return method 

4.1.  The CUSTOMER is required to thoroughly evaluate the usefulness and functionality of the LICENSE before the purchase.

4.2.   It will be possible to return the LICENSE only in the following cases:

4.2.1.Return of LICENSE for defectiveness: in case of replacement of the PRODUCT due to its own defectiveness or of the activated licenses, the CUSTOMER must return the PRODUCT exclusively to the authorized CAT that will proceed to disassociate all the licenses installed on the PRODUCT and to replace it with an identical PRODUCT without licenses. The disassociated licenses will be made available to the CUSTOMER on the PORTAL. If the defect concerns only the LICENSE, the CUSTOMER can return the defective licenses by following the procedure described in point 4.2.3. here below.

4.2.2.  Return of LICENSE for incorrect purchase: URMET reserves the right to evaluate case by case the possibility of allowing the CUSTOMER, who had purchased one or more licenses and had already activated them on the PRODUCT, to return them, providing that the CUSTOMER, within and no later than 15 (fifteen) days from the purchase, returns the PRODUCT exclusively to the authorized CAT which, if authorized by URMET, will proceed to disassociate all the licenses installed on the PRODUCT and to replace it with an identical PRODUCT. The disassociated licenses will be available to the CUSTOMER on the PORTAL. In this case, the CUSTOMER can return those he does not need, by following the procedure described in point 4.2.3. here below.

4.2.3. Return of NOT activated LICENSE: in case the CUSTOMER wants to return a LICENSE that has not been activated (or not yet associated with a UUID), he can do so directly on the PORTAL no later than fifteen (15) days from the purchase, after identification with credentials, following the instructions indicated in the reserved area in the orders section. The CUSTOMER can choose, alternatively, between:

4.2.3.1. compensatory voucher for any subsequent purchase of greater value;

4.2.3.2. reimbursement by bank transfer.

4.3.     The list of enabled CATs is available on the PORTAL on the page “Enabled CATs”.

 

5.       Copyright

5.1.  The software that makes up the PRODUCT is protected by Italian copyright laws and international treaty provisions.

5.2.  The LICENSE does not confer any title or ownership on the software and must not be interpreted as a sale of any right on the software, therefore the CUSTOMER recognizes that no title is transferred to it on the intellectual property of the software.

5.3.  It is not possible to remove or hide any notices, labels or proprietary marks from the software.

 

 6.       Trademarks

6.1.   URMET logos and other related trademarks used on the URMET websites and in the software are property of URMET.

6.2.   All other trademarks and logos used on the site, with or without attribution, belong to their respective owners. 

  

 7.       Use of third-party content

7.1.  URMET uses technology, data and information provided by websites and third parties for the functioning of its PORTAL and the PRODUCT.

7.2.  URMET cannot guarantee the reliability or operational continuity of such third-party content and URMET assumes no responsibility and makes no representations, warranties or approvals for such content.

 

 

8.      Restrictions on use

8.1.    The CUSTOMER cannot, and cannot allow others, to:

8.1.1.  reverse engineer, decompile, decrypt, decode, disassemble or in any way derive the source code from the software or from the LICENSE;

8.1.2.  modify, distribute or create derivative works of the software or from the LICENSE;

8.1.3.  copy, distribute, publicly display, transmit, sell, rent, lease, or otherwise exploit the software or the LICENSE;

8.1.4.  decipher the formulas or the technology or the theory behind it.

 

 9.Limitation of guarantee and derogation      

            9.1. URMET does not guarantee that the PRODUCT services are uninterrupted or error-free.

9.2. URMET disclaims all other warranties relating to the PRODUCT, expressed or implied, including – but not limited to – the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights.   

  9.3 The parties declare to expressly derogate from the provisions of art. 12 paragraph 1 of the Italian d.lgs. 70/2003

 

10.  Severability

10.1. In the case of invalidity of any provision of this CONTRACT, the parties agree that this invalidity does not affect the validity of the remaining parts of this CONTRACT.

 

11.    Limitation of Liability

11.1. In no case shall URMET or its suppliers be held liable to the CUSTOMER, or to the subjects to whom the LICENSE has been sub-licensed, for any consequential, special, incidental or indirect damage of any kind resulting from the delivery, services or use of the PRODUCT and LICENSE.

11.2. In any case, the liability of URMET, except in the case of willful misconduct or gross negligence, will be limited, both in the case of contractual liability, non-contractual liability or any other title, to a maximum amount equal to the cost of the license purchased.

 

12.    Modification or termination of services

12.1. URMET reserves the right to modify the content or functionality of the PORTAL or of the PRODUCT or of the terms described in this CONTRACT at any time and without notice.

12.2. Any changes or modifications made will become effective immediately upon publication on the PORTAL and the continued use of its services implies that the CUSTOMER has accepted the changes or modifications made by URMET.

 

13.    Applicable law and jurisdiction

13.1. This CONTRACT will be regulated, interpreted and applied in accordance with Italian laws.

13.2. Any dispute related to or resulting from this CONTRACT will be exclusively devolved to the Court of Turin.

 

14.    Recognition

14.1. By signing this CONTRACT and sending the order on the PORTAL, the CUSTOMER acknowledges to have read and understood all the above and agrees to be bound by the terms and conditions of this CONTRACT.

14.2. The CUSTOMER also accepts that this CONTRACT, as integrated pursuant to art. 3.2, is the complete and exclusive declaration of agreement between the Parties and replaces all the proposed or previous agreements, verbal or written, and any other communication between the Parties relating to the LICENSE described herein.

 

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Parties declare that they specifically approve the clauses referred to in points 1.3 (General), 

2 (Grant of LICENSE), 4 (LICENSE return method), 5 (Copyright), 6 (Trademarks), 7.2 (Use of third-party content), 8 (Restrictions on use), 9 (Limitation of guarantee and derogation), 11

(Limitation of liability), 12 (Modification or termination of services) and 13 (applicable law and jurisdiction).