Fixed period licensing scheme conditions for software subscription plans/services
1. Generalities
Together with the provisions defined in the remaining sections of this License Agreement, this paragraph shall regulate the conditions of the Software License Agreement and related services, granted for a fixed time to the subscriber making the request.
The software license agreement, base on a fixed period licensing scheme, including related support services, is granted by subscription for the time period required by the conditions at the request of the Subscriber Service.
2. Definition
i) “ACCA”: ACCA Software S.p.A. Is a company with registered office in Bagnoli Irpino – (Av) Italy – and owner of the software product granted in form of the Subscriber License.
ii) “Software License” means all the authorizations granted by the owner of the software product;
iii) “Fixed Period user License”: Software License granted on a Fixed Period basis with a subscription formula;
iv) “License Agreement”: the agreement governing the license conditions between ACCA and the Subscriber;
v) “Applicant” or “Licensee” means any natural or legal person purchasing the license of use for himself or another User;
vi) “User”: an individual user of the software. A user may be a person authorized by the licensee or the licensee;
vii) “Related services”: A set of services made available to Licensee for the period of validity of the license. The services may include (among other things) updates and evolutions, support, training, and web services and other software products.
viii) “Activate the service in Membership”: on-line procedure by which the subscriber buys or renews a User License;
ix) “Activation Date”: the date from which the service period starts, the activation date coincides with the successful buying procedure (time and date are provided by the ACCA remote server that manages the program and are independent of the computer on which it is installed);
x) “service period”: period of time starting from the date of activation, and has a duration equal to the period of the subscription plan chosen.
xi) “Product Specifications”: Set of Technical Specifications of the product in question, including any services, and supporting documentation (the product specifications are published on the website www. accasoftware.com, the software product in question on the section);
xii) “Software FULL version”: software product that contains all the functions and services as defined in the Product specifications;
xiii) “Software” TEST “version: software product with limitations in time as regards to the” FULL Version.”
xiv) “Device”: a hardware system, both physical or virtual, with a storage device or a mobile device, capable of running the software.
3. Software user license conditions / subscription service
ACCA grants to the Licensee that accepts the Fixed Period USER LICENSE, a non-exclusive software and reserves, even for its successors, the exclusive property of the same software and all its rights, being able to always use it as one believes. The above License Agreement is granted on condition that the Licensee has obtained the Software from ACCA and respects the terms of this document. ACCA also reserves the right to modify the software product and related services without notice at any time. The license agreement does not include the right to get the software in source code form, or to dispose of its logic documentation and / or project. The updates will be incorporated in the new versions.
The software license, granted for a fixed term, may be associated with only one device at a time, whether physical or virtual, the software/service can only be used on the device to which it has been associated with the license and by a single person at a time (compare § 1.7).
If you use an virtualization software to create one or more virtual devices on a single computer hardware system, each virtual device and the physical device will be regarded as separate devices in the interpretation of these conditions; the licensee, therefore, will have to obtain a specific license for each device.
You may access the software installed on the device remotely from any other device and use it, provided that the software installed on the licensed device may not be simultaneously used locally by another user.
If the software includes various applications, utilities and components (Software Included), the Subscriber is obliged to use all the components that are part of the Software, and it must not separate the various components in order to use them on different computers. Licensee may not separate the components of the Software or repackage another software package for distribution, transfer or resale.
Otherwise the resolution of the License Agreement, is strictly forbidden for the Licensee to operate the program in debugger mode; making revers engineer, decompile, disassemble or otherwise to attempt to discover the source code of the Software to modify, adapt or translate the software; make copies of the software, except as provided in this License to copy and / or modify any documentation (manual, videos, brochures, presentations, etc.) of this program without the permission of ACCA.
The customer is entitled to make a backup copy of the software on condition that it is not installed on any computer and is not used for purposes other than storage.
4. Software trial version
The software “Trial” version can be downloaded for free from www.accasoftware.com website.
The trial versions (including their formats and any accompanying documentation) is subject to the conditions set out in this Document License Agreement and, therefore, remain the property of ACCA software S.p.A.
With the trial version of the ACCA program provides the user with not a simple demonstration, but the full version of the software in order to allow a proper evaluation before purchase.
The program in the Demo version does not have the technical and operational limitations, but a limited duration of 30 days from the date of initial installation. The use of the software after 30 days from the first installation is illegal: to avoid penalties you must purchase the program license.
Please note that the trial version is not subject to comprehensive process of validation, testing and maintenance of the corresponding commercial product and thus cannot be used for professional purposes.
The Use of the trial version for professional purposes is similar to using a program not licensed: this conduct is considered as a Crime of Software Piracy and is therefore punishable in the terms established by law and by national and international regulations governing the rights of ‘author, as well as laws and agreements on intellectual property.
ACCA does not provide any warranty of any kind on the use of the software. In particular ACCA does not guarantee the use of the software or documentation results in terms of correctness, accuracy, reliability, update or otherwise. The entire risk of the results and performance of the software is employed by the Licensee.
5. Software for Educational Version
The License EDUCATIONAL is addressed exclusively to:
a) Students enrolled at schools, state and non-state, entitled to issue high school diplomas, as long as legally recognized;
b) students enrolled at universities or institutes of Higher Education, state and non-state, as long as legally recognized;
c) schools of all levels, Training Institutions, Office of University education institutions that are accredited legally.
The EDUCATIONAL License is intended solely for educational purposes, educational and learning related to fields of study described above (eg., For the preparation of a university exam, for activities in a school computer lab, etc.).
It is forbidden, therefore, any use of EDUCATIONAL License in the workplace or for commercial and/or professional (eg. In technical offices , businesses, organizations, etc.).
The Use of EDUCATIONAL license for professional purposes is similar to using a program not licensed: this conduct is considered as Crime of Software Piracy and is therefore punishable in the terms established by law and by national and international rules governing the rights d ‘ author, as well as laws and agreements on intellectual property.
In the case of sub students) and sub b), the EDUCATIONAL License can be used by the licensee only for the period of studies. The use of EDUCATIONAL License is reserved to the applicant who may not assign or transfer the license or the product to third parties either for consideration or for free.
6. Purchase / renewals and Period of Validity
The subscriber can switch from the “trial version” to “FULL version” of the software through the voluntary activation of the subscription service and the simultaneous granting of a Fixed Period license by ACCA.
The purchase of the Fixed Term license may be made by a specific feature available in the trial version by following the wizard that guides you through the purchase process; The Licensee may choose between the various “Subscription” plans provided.
The subscription validity period will be calculated from the date of activation and will last throughout the period of the subscription plan chosen.
The Term is continuous (from the Activation Date to the expiring Date) and can neither be divided nor suspended; time and date are those supplied by the remote server that runs the program, and are independent of the computer on which it is installed.
The renewal of the subscription service is automatic.
Automatic renewals will begin from the expiring date and will have a duration equal to the period of validity of the chosen subscription plan; towards the expiring Date, the Licensee will be sent a specific communication by e-mail.
The Subscriber may at any time cancel the automatic subscription renewal; the service will remain active throughout the subscription validity period and will expire automatically at the expiring Date.
The Subscriber may at any time change the Subscription Plan, the new Plan however, will only take effect after the natural expiring date of the current Plan.
The subscriber will be able to check at any time (if connected to the internet) the details on the status of your subscription (Activation Date, the Term, Expiry Date, etc.) from its software.
7. On-line activation and functionality based on internet
The online Activation associates the use of software / service to one or more specific devices and is obligatory for all devices used with the software. Simultaneous use of the software on multiple devices is allowed for a maximum of a number of devices as specified and regulated for in the purchased “license subscription plan”. Activation takes place simultaneously with the first purchase of the license and necessarily requires that the device is connected to the Internet. During activation, the software will automatically connect to the Server ACCA to send information about the software and hardware configuration of the device. During the online activation, if the granting of the license functions or software activation prove counterfeit or without a regular license, the operation fails. Users are not permitted to bypass or circumvent activation.
Some changes to the components of your devices or the software may require you to reactivate the license.
Once the software is activated it can function even if the device is not connected to internet for up to 10 days. At least every 10 days, the device will have to be connected to internet to verify the validity of the subscription.
If the device to which it is associated the license does not connect to internet for more than 10 days, the software will stop working until a new connection.
These checks are intended to identify unauthorized changes to the license or activation of the software functions, as well as to prevent in any other way the use without a software license.
ACCA reserves at any time and without notice, to take all appropriate measures to verify compliance with the Terms of Use of the newly recalled License.
During activation and license periodic checks the software requires an active internet connection and the ability to use the flow of data required by the program.
The licensee is responsible for the availability of the settings and correct operation of the network connection and the settings of the computer used. All internet connection costs are at the expense of the Licensee.
8. Services related to the use of the software
Throughout the license period, ACCA enables the Licensee, or a user authorized by him, a package of services that may include, among others, changes and updates of the software, training support, as well as web services and other software products.
The services are accessible through the ACCA account.
The related services are subject to periodic changes by ACCA, which will be reported through communication and such terms, as amended from time to time, will become part of this License Agreement. ACCA reserves the right, in its sole discretion, to modify, add or remove from time to time related services. ACCA does not guarantee that the services will always be available during the validity period.
You may not distribute, rent, loan, sell, grant, sub-license, transfer or deal in any other way related services (including, for example, the rights of an included software made available as a service) or share services with any other person or entity without the prior permission of ACCA.
9. Identification Credentials and Licensee Data
Access to some services (technical assistance, Forum, etc.), or other specific uses of the software require that the user is identified by ACCA. registration (Account ACCA) is required prior to the issuing of identification credentials by ACCA Software.
The licensee is fully responsible for maintaining the confidentiality of their credentials; Furthermore, it is fully responsible for all activity that occurs through its Account.
The licensee agrees to notify immediately ACCA any unauthorized use of your account or any other breach of security. ACCA will not be responsible for any loss due to the opening of Your Accounts by third parties, with or without your knowledge.
The licensee agrees that ACCA, or a third party authorized by ACCA in order to proceed with the distribution and services related to the product, can use the information and data provided. The licensee agrees to provide ACCA, an authorized distributor or to any other third party acting on behalf of ACCA correct and updated registration information, even at ACCA’s request. The licensee also agrees to maintain and update their registration information through the registration process of any data made available by ACCA. By installing the software, the Licensee agrees that ACCA uses the personal information provided on registration or subsequently updated, to manage relations with the ACCA Licensee or use in any other circumstances such personal information in accordance with privacy rules available on the ACCA website.
10. Data Communication with the server ACCA
The program automatically connects to the ACCA server to provide to the Licensee information related to the software (eg for updates, training courses, video on software functions, etc.), to enable the recognition of the Licensee and to eventually to receive any feedback using the software in order to improve its performance. With the acceptance of this License Agreement you accept the automatic exchange of data and information between the software in the Licensee’s possession and the ACCA server in order to get a better use while using the program and allow continuous improvement of services related to the product.
ACCEPTING THE FOLLOWING LICENSE OR USING THE SOFTWARE / SERVICE, YOU ACCEPT ALL TERMS AND CONDITIONS STATED HEREIN AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACTIVATION AND DURING USE FOR THE SOFTWARE FUNCTION PURPOSES.
Some services related to the use of the software may only be accessible via web (for example: Video Interactive tutorial, technical assistance, Forum, etc.). These services may be subject to suspension depending or not depending on ACCA or causes beyond the control of ACCA seeing that it is hosted on servers subject to continuous maintenance. ACCA, therefore, can never be held responsible for the loss of or use of these services nor of the damage this could cause to the Licensee.
The Licensee may not use these services in any way that could damage them or impair their use. The Licensee may not use the services to try to access to any authorized service, data, account or network by any means.
11. The Transferring of LICENSES
The Fixed Period software user Licenses for the subscription to software/services cannot, under any circumstances, be sold or transferred from one licensee to another for free, with costs or for a fixed term or indefinitely.
The same licensee may transfer the license from one device to another, in accordance with the conditions of use contained herein. The transfers must be in accordance with the policies and procedures of ACCA, and will be subject to the necessary time schedule of ACCA.
Whenever the licensee transfers the license to a new device, the software will stop working on the previous device.
12. Service suspension
ACCA reserves the right to suspend the program / remote management service of the Application at any time and without prior notice to users, in order to be able to implement the necessary maintenance tasks or to make technical interventions aimed at enhancing their operation.
Nothing will be due to the possible failure of the program / service usage caused by network problems or malfunctions or any damage or malfunction that occurred on the computer of the recipient who is using the Application or related to connection services used by him.
13. Disclaimer of Warranties
ACCA provides the licensee to use the Software / Service in accordance and as defined in this present document and by the Product Specifications.
Software and related services are provided “as is” and “as available” with all defects and without warranty, explicit or implicit, by ACCA of any kind, including warranties of satisfactory quality, title, non-infringement of intellectual property or capacity for a particular purpose.
ACCA does not guarantee that the procedures of this program meet the needs of the Licensee and that they work in any combination used by it, nor give any other warranty, express or implicit, regarding the possible user manual, eventual Video Tutorial , technical assistance, the Forum and the software; consequent risks arising from their use are at the expense of the licensee who has the burden and responsibility for the selection, installation, operation and management of the Program in order to achieve the pre-defined result.
Unless expressly stated in its license agreement, within the permitted limits of the applicable law, ACCA gives no warranty of any kind, whether implicit or explicit, that the software and the services associated MEET THE NEEDS AND EXPECTATIONS OF USERS AND THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
USING THE SOFTWARE AND RELATED SERVICES IS AT YOUR SOLE RISK .
Archives and databases with the software are provided “as is” and “as available” with all defects and without warranty, explicit or implicit, by ACCA of any kind, including warranties of satisfactory quality, title , non-infringement of intellectual property or capacities for a particular purpose.
ACCA PROVIDES NO WARRANTIES AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE DATA IN THE ARCHIVES AND IN THE DATABASES AND DOES NOT GUARANTEE THAT THESE DATA WILL MEET THE NEEDS AND EXPECTATIONS OF USERS AND THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
THE USE OF ARCHIVES AND DATABASES IS AT YOUR SOLE RISK YOU.
14. Limitations of Liability
ACCA in no case will be liable for any direct or indirect, special, consequential or incidental, including without limitation, loss of profits or revenues, business interruption, costs of goods replacement, loss or damage to data arising from the use or inability to use the software and related services, or damages arising from the use, even if acca has been informed of the possibility of such damages.
ACCA under no circumstances shall not be liable for any direct or indirect damages including loss of data or failure to achieve commercial opportunities and advantages resulting from the delay, malfunction or failure to use services and / or data, and directly attributable the malfunctioning of ACCA’s servers or circumstances beyond one’s control which is not dependent on the company, such as technical failures and interruptions of electrical connection services, telephone and computer, strikes, acts of vandalism and terrorism, disasters and natural disasters.
Such limitations and exclusions shall apply regardless of whether such damage can be caused by a breach of contract or warranty, negligence or other cause of service.
The obligations and responsibilities of ACCA towards the Licensee are those defined in this document, therefore, in any case of breach or default attributable to ACCA, it will respond in accordance with these terms and conditions, remaining expressly excluded from any other compensation or damages to the Licensee for direct or indirect damage of any kind or nature.
To the extent that the existing law does not prohibit such exclusions and limitations, in no event shall the total liability for all damages and losses, contract, strict liability, fault (including negligence), will ‘exceed the amount eventually paid in the last 12 months for the licensing of these products / services.
The obligations and responsibilities of ACCA towards the Licensee are those defined in this document, therefore, in any case of breach or default attributable to ACCA, it will respond in accordance with the present license remaining expressly excluded any other compensation or damages to the Licensee for direct or indirect damage of any kind or nature. The Licensee acknowledges and agrees that in all cases in which the user’s license does not apply, ACCA will respond only to the extent provided in this license and indicated therein.
The Licensee acknowledges and agrees that in all cases in which this License Agreement does not apply , ACCA will respond only to the extent set out in these conditions.
15. Obligations and Licensee Rights
The Licensee has the right to use the product Software / service according to the specifications foreseen and in accordance with what has been defined in this present document and acknowledge that it is entitled to compensation only and exclusively where foreseen in the event of failure to comply with the same right with the exception of any other indemnity or compensation for any direct or indirect, of any kind or nature.
The Licensee, also in the name and on behalf of third parties which might have allowed to use the Software / Service, agrees to use the Software / Service itself exclusively for licit purposes and allowed by law from the uses and, rules of diligence and in any case, without infringing any rights of ACCA and third parties, taking all responsibility in this regard.
At the request of ACCA, the Licensee agrees to defend, relieve and keep ACCA free of all liabilities, claims and expenses, including legal fees, that may arise from:
i) unauthorized use or misuse of the software, including any related services;
ii) the infringement of intellectual property;
iii) violation of this “license agreement.”
As a condition of your use of the software, the Licensee expressly declares that it will not use the Software and / or related services for illegal purposes, prohibited or not foreseen under these Terms or any other ACCA policy ( “misuse”).
The Licensee declares his awareness of being responsible for any costs incurred by ACCA or any other interested parties (including legal fees) due to “improper use” of the software and related services.
Improper use includes, but is not limited to:
i) To access or to attempt to access the software and services fraudulently or gain unauthorized access to an account of another user;
ii) use the software and related services to spread or communicate inappropriate, defamatory, obscene or illegal information, images or content or to harass, stalk, threaten or otherwise violate the legal rights of others;
iii) use the software and the related services so as to interfere with the use by other users.
iv) upload, or otherwise make available on the ACCA infrastructure, files that contain text, images, photographs, software or other content owned by others, in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary rights ;
v) advertising, offering for sale, or buy goods, or use the software and related services for promotional purposes, except as expressly permitted by these Terms;
vi) take any action that imposes a large and unreasonable or disproportionately load on the infrastructure of ACCA’s network; or upload files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or other property;
vii) violate any ACCA policy or any applicable law or regulation.
16. Resolution
Either party may terminate this License Agreement if the other party is in default of its obligations provided for therein, and no solution is found within 10 (ten) days from the receipt of the written request. Alternatively, ACCA may suspend the fulfillment of its obligations to the Subscriber or the rights to this compete under this Agreement if it fails to execute even just one of the payments to ACCA or not showing compliance with the provisions of this Agreement. ACCA may terminate this Agreement if the subscriber is subject to bankruptcy proceedings, becomes insolvent or enters into an agreement with its creditors. This Agreement shall be deemed terminated automatically without any further notice or action by ACCA if the subscriber is put into liquidation. The Subscriber acknowledges and agrees that ACCA may assign or sub-contract its rights and / or obligations under this License Agreement.
In the event of Termination or expiration of this Agreement, the rights and benefits granted hereunder will become extinct. Following termination or expiration the Subscriber must stop
any use of the Products and / or Services related with the Agreement that has been terminated or has expired. ACCA reserves the right to require satisfactory proof that all the products and / or services have been uninstalled or that they are no longer in use.
17. Property Rights
ACCA or its licensors reserve all rights, title and interest (including all intellectual property rights) relating to software and related services, including the content and the other information available of ACCA’s property (with exception, therefore, to any data entered by users). The ACCA’s rights are protected by laws and international copyright treaties, as well, by the laws and treaties on intellectual property. All rights not expressly granted in these terms are held by ACCA.
The unauthorized use of the software and related services and their content may violate copyright, trademark and other intellectual property rights and laws in general. The licensee acknowledges and recognizes that all technological achievements at the base of software and services are the property of ACCA.
18. Validity and changes of the license conditions
The conditions described in this document will be effective by the acceptance from the Licensee and will remain valid during the supply of software and services by ACCA.
The Licensee acknowledges and agrees, however, that the Software / Service is characterized by constantly evolving technology, for these reasons ACCA reserves the right to change for improving the technical characteristics of the Service, of its related instruments, and to vary the conditions of this License at any time, even after its acceptance, without giving rise to any obligations whatsoever on the Licensee.
19. Termination clause Expressed
ACCA, in its sole discretion, at any time without prior notice and without the exercise of this right and without being alleged of breaching the contract or violation of these Terms, reserve the right to:
cancel the license and suspend all related services in case of:
i) default or even only a violation of the provisions contained in this License Agreement;
ii) behaviour is such as to create a well-founded and reasonable doubt or the non-fulfilment of this License or responsible for one or more violations of its conditions;
iii) there are well founded reasons to believe that the service is used by unauthorized third parties;
iv) in case of events beyond one’s control or circumstances, at the discretion of ACCA, imposes you to urgently respond or resolve security problems, or danger to the entire network and / or to persons or property; In this case, the Service will be restored when ACCA, at its discretion, has assessed that the causes which led to the suspension / interruption have actually been removed or deleted;
v) the User becomes involved, in any capacity, in any legal dispute or court of civil, criminal or administrative authority and in any case if that dispute concerns the acts and conduct through the Service;
vi) the suspension is requested by the judicial authorities.
In case of suspension of the use of the software licenses, the Licensee shall immediately interrupt and uninstall the software and stop using all related services.
In any case of suspension of the license attributable to the licensee, ACCA reserves the right to implement all the necessary actions for damages.
ACCA accepts no responsibility for the resolution of the Licenses, the Account closure and disruption of services.
ACCA also reserves the right to put in place all the means provided by law to protect their image and their rights.
20. Acceptance of the License Agreement
The LICENSEE IS OBLIGED TO READ THESE CONDITIONS BEFORE USING THIS SOFTWARE, INCLUDING RELATED SERVICES, OR ANY OTHER MATERIALS CONTAINED IN IT.
As for the “TEST” version of the software, with the first use of the application the present conditions of “User” License will be deemed accepted by the Licensee.
As for the “FULL version” of the software, THESE conditions of “User” License are considered accepted with payment of the software.
ACCEPTANCE OF THE LICENSE TERMS AND CONDITIONS OF USE, AS PERMITTED ABOVE, WILL LOSE ANY RIGHT OF WITHDRAWAL FROM THE PURCHASE, THEN THE PROGRAM WILL NOT BE IN ANY WAY RETURNED TO ACCA.
If the Licensee does not consider to accept these Terms, you cannot use in any way the software, and any item contained therein or related service.
ACCA reserves, also, to update and modify at any time and at its sole discretion these Terms. The Licensee is invited to regularly check the following Terms to make sure of any changes. Continued use of the software and / or services, even after the publication of changes to these Terms, will confirm your acceptance of such changes.
These Terms constitute a binding legal agreement between Licensee and ACCA and have the same value as if they had been countersigned. A current copy of these Conditions is always available at: www.accasoftware.com.
21. Reference Law and Jurisdiction
The Italian version of this Agreement is legally binding and prevails in case of inconsistencies between the Italian version and its translation.
This License Agreement is governed by Italian law, the place of jurisdiction for all disputes which may arise between ACCA and any other part is the place of jurisdiction in which falls the registered office of ACCA software S.p.A
ACCA software S.p.A.
Contrada Rosole 13 – 83043 BAGNOLI IRPINO (AV) – Italy
E-Mail: info@accasoftware.com – Internet: www.accasoftware.com
Copyright 1989/2016 – All rights reserved
ACCA PriMus, Cantus, CEG, TERMUS, Object DRAW, DocMus, Certus, Ufficius, EdiLus and Edificius are registered trademarks.
Other rights:
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All trademarks and products mentioned herein belong to their respective owners.
E.2 R.0 INT – 26/06/2016