Fixed period licensing scheme conditions for software subscription plans/services

1.1 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, based 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.

1.2 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” TRIAL version”: software product with limitations in time but not in features as compared 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.

1.3. 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 three devices at a time (one device for software distributed for the first time after July 2019), 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.

If you use a 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.

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 they 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.

It is strictly forbidden for the Licensee to operate the program in debugger mode, making reverse engineering actions, decompile, disassemble or attempt to discover the source code of the Software to modify, adapt or translate the software, otherwise the present License Agreement shall be resolved; 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.

1.4. Software trial version

The “Trial” version of the software can be downloaded for free from www.ACCAsoftware.com website.
Trial versions (including their formats and any documentation in support) are subject to the conditions set out in this Document License Agreement and, therefore, remain property of ACCA software S.p.A.

With the trial version, ACCA software provides the user with not just a simple demonstration, but with the full version of the software, in order to allow a proper evaluation before purchase.

The program in the Trial version does not have any technical limitation, but it does have a limited duration of 30 days from the date of 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 Software Piracy and is therefore punishable by the penalty prescribed 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 Licensee bears the entire risk related to the results and performance of the software.

1.5. Freeware

A freeware is a software that ACCA distributes without any licencing fee. Without prejudice to free use and distribution, Freeware is subject to the present Licence agreement and therefore remain of ACCA Software property. The distribution against payment of ACCA’s Freeware to third party is strictly forbidden.

1.6. Software for Educational Version

The EDUCATIONAL License 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 and learning purposes related to the above-described fields of study (e.g., 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 either for commercial or professional (e.g. In technical offices , businesses, organizations, etc.) purposes.

The Use of EDUCATIONAL license for professional purposes is similar to using a program with no license: this conduct is considered as 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.

Should the students match a) and b) cases, the EDUCATIONAL License can be used by the licensee only for the study period. 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.

1.7. 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- or from the website. The Licensee may choose between the “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 from 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.
Payments are non-refundable and we do not provide refunds for any automatic renewal occurred. 

The subscriber will be able to check at any time (if connected to the internet) the status of their subscription plan (Activation Date, Term, Expiry Date, etc.) and manage the automatic renewal.

1.8. On-line activation and functionality based on the 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 ACCA Server 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 counterfeiting or irregular 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 the internet for up to 10 days. At least every 10 days, the device will have to be connected to the internet to verify the validity of the subscription.
If the device to which the license is associated does not connect to the internet for more than 10 days, the software will stop working until a new connection is detected on the device.
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 the right, 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.

1.9. Services related to the use of the software

Throughout both the license and trial period, ACCA grants the Licensee, or a user authorized by him, a package of services that may include, among others, software updates, training and support, as well as web services.

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 from ACCA.

1.10. 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 through a registration system.
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 of any unauthorized use of their account or any other breach of security. ACCA will not be responsible for any loss due to the opening of the Accounts by third parties, with or without 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 any other third party acting on behalf of ACCA, correct and updated registration information, even under request from ACCA software.

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.

1.11. Data Communication with the server ACCA

The program automatically connects to the ACCA server to provide the Licensee with information related to the software (e.g. for updates, training courses, video on software functions, etc.), to enable the recognition of the Licensee and to eventually receive any feedback using the software in order to improve its performance.

The acceptance of this License Agreement authorizes automatic exchange of data and information between the software in the Licensee’s possession and ACCA servers 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, ALL TERMS AND CONDITIONS STATED HEREIN AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACTIVATION AND DURING USE FOR THE SOFTWARE FUNCTION PURPOSES ARE ACCEPTED.

Some services related to the use of the software may only be accessible via web (for example: Interactive video tutorials, technical assistance, Forum, etc.). These services may be subject to suspension depending or not depending on ACCA or causes beyond ACCA software’s control, being the servers subject to continuous maintenance. ACCA software, therefore, can never be considered responsible for the lack of or use of these services nor for 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.

1.12. The Transferring of LICENSES

Software Licenses for the subscription to software/services cannot, under any circumstances, be sold or transferred from one licensee to another for free, nor at cost 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 time schedule necessary to ACCA.

Whenever the licensee transfers the license to a new device, the software will stop working on the previous device.

1.13. 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 carry out 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 them.

1.14. Disclaimer of Warranties

ACCA allows 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, 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 user manuals, Video Tutorials, 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, 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.

1.15. Limitations of Liability

ACCA in no case will be liable for any direct or indirect, special, consequential or incidental, including, 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.

Under no circumstances shall ACCA 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.

1.16. Obligations and Licensee Rights

The Licensee has the right to use the product Software / service according to the specifications as per 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) Access or 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.

 1.17. 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 property of ACCA software.

1.18. Validity and changes to 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 and with the aim to constantly improve, 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.

1.19. 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 fulfilment 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 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.

1.20. 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, MEANS LOSING ANY RIGHT OF WITHDRAWAL FROM THE PURCHASE, THEREFORE THE PROGRAM CANNOT IN ANY WAY BE RETURNED TO ACCA.

If the Licensee does not intend to accept these Terms, the software and any related item or service cannot be used. ACCA reserves, also, the right to update and modify at any time and at its sole discretion the present Terms. The Licensee is invited to regularly check the following Terms to make sure that no change has been applied. The continued use of the software and / or services, even after the publication of changes to these Terms, will confirm the 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.

1.21. 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.

2. License to use ACCA's CLOUD Services

2.0 General

Together with the provisions defined in the remaining sections of this User License, the provisions of this paragraph govern the Conditions of License of Use of the Cloud Computing services of ACCA software.

2.1 Definition

  • Cloud Computing Services: all definitions present in the remaining sections of this document are valid; "Cloud Computing Services" means the set of information technology services (cloud hosting, cloud server, cloud infrastructure, cloud software, etc.) through which the license holder can create, allocate, use and manage data and/or content and/or information ("data" hereinafter) on the Servers made available by ACCA.
  • Activation of services: indicates the moment in which the cloud services are activated to the end customer.
  • Cloud infrastructure: indicates the IT infrastructure as a service (SaaS) created, allocated, exclusively by the Supplier or by the Subcontractor for himself or for third parties and used and/or managed by the Supplier for himself or for third parties or by the latter directly if by the Supplier itself authorized.
  • End User: indicates the direct end user of the service(s).
  • Service activation date: the date communicated to the Customer upon activation of the account, following the order.
  • Intellectual property: the expression "Intellectual Property Rights" identifies any right regulated, from time to time, by the laws on patents, copyright, semiconductor chip protection, copyright, industrial secret, commercial trademarks, on unfair competition, on privacy and on any other protected legal position relating to property rights as well as any applications, renewals, extensions, reintroductions and restorations, currently in force or enforceable in the future, worldwide.

2.2 Standard product and accessories

The Customer accepts that the Products and Services provided by ACCA, as provided for in the Contract, will be provided in their "standard" version, i.e., according to the functionality and factory specifications. Therefore, ACCA does not guarantee in any way that the referenced Products or Services comply with the Customer's needs or that they are able to perform functions desired and hoped for by the Customer, where they are outside those included in the Standard version.

Any changes, additions or customizations of the Product or of the standard Services must therefore be the subject of a separate and autonomous agreement with the Customer, subject to a feasibility assessment by ACCA. To this end, by signing this agreement, the Customer expressly declares to have viewed the functional characteristics of the Products and Services, accepting their content without reserve. In any case, the subject of the Contract is exclusively the products and services expressly included in it and in its attachments, for which the Customer cannot expect ACCA to perform further services unless expressly provided for, even if connected.

2.3 Activation and provision of the Service

The conditions for activating the CLOUD Service are defined in the Product Specifications.
Subject to authenticating its profile upon starting up the software, the User may create, allocate, and use the data produced by the software and for which content management features are provided on CLOUD.

The software is equipped with the appropriate functions through which the User, at his discretion and under his exclusive control, can create, allocate and have used, for himself or for third parties, or have the third parties created and allocated and used directly. authorized, the data produced by the software for which the content management functionality on the CLOUD is provided.

To use the CLOUD service, the software requires an active internet connection capable of using the data flow required by the program.

The Customer is the sole and exclusive responsible for the conservation of his access data and undertakes both to maintain their secrecy and to keep them with due care and diligence, and not to transfer them, even temporarily, to third parties. The Customer is solely responsible, responding to ACCA for any consequent omission or default:

  • internal and external connectivity of its infrastructure.
  • of its basic hardware and software infrastructure.

All internet connection costs are borne by the User.

Without prejudice to the validity of the status of the licenses granted by ACCA, the User will be able to access the CLOUD Service exclusively from the software functions specifically designed for it; it is strictly forbidden to access the service in any other way (by way of example, via remote web access).

The User can access the CLOUD Service from anywhere, 24 hours a day, 7 days a week except for during periods of service maintenance.

The User will be responsible for the use of the CLOUD Service by third parties who access using the user's login credentials.
Unless otherwise provided for in the Contract, Products and Services will be provided by ACCA in Public Cloud mode, according to the SaaS (Software as a Service) paradigm or, in any case, in online mode. In relation to the provision of the service, the Customer will have access to the Products and Services through authorization and authentication credentials communicated in a strictly confidential form and or in any case regulated by account management mechanisms.

2.4 Duration and renewal of the service

The duration of the Service and the conditions for renewing the service are defined in a specific tariff.
If the service has expired, the User will not be able to allocate or create new content.

Exclusively as a mere courtesy, without ACCA being under any obligation and hence excluding any liability for any loss or damage of any kind, the User may display previously allocated contents for a period of 30 (thirty) days from the date of expiry of the service.

After 60 days from the service expiration date and lacking a service reactivation request by the Customer, the contents on the infrastructure will be permanently deleted beyond recovery. In such a case, the User will be responsible for reinstating the data on the Infrastructure, once the Service is reactivated.

The fee may be subject to an annual increase. In this case, the new rates will be applied from the date of renewal of the contract and will be confirmed for the entire contract term period.

2.5 Limits of use of the service

Cloud services, depending on the purpose of the service, may have limits in terms of:

  • occupied space / storage capacity;
  • number of documents created;
  • Number of licences
  • additional applications.

These usage limits are defined by specific differentiated and scalable subscriptions.
Once the limits set by the subscription chosen at the time of purchase or renewal of the service have been exceeded, the customer can continue to use the service by subscribing to a new plan that includes usage limits higher than the previous plan.

2.6 Limitation of Liability

ACCA guarantees the User the use of the CLOUD Service in accordance with the terms of this license and the Product Specifications of the software with which the service is associated.

The obligations and liabilities of ACCA to the User are those set out in this document, so in the case of breach or non-performance by ACCA, it will be liable to the extent provided by this License to Use and any other indemnity or compensation to the User for direct or indirect loss of any nature or kind is expressly excluded. The User acknowledges and accepts that in all cases where this User License does not apply,

ACCA will respond exclusively within the limits of the sum spent in the last 12 months by the Buyer.
ACCA does not perform any specific backups of the data handled by the User in the infrastructure except for the backup on all the contents of the storage that ACCA itself, as a precaution, performs periodically for the purposes of any eventual restoration of the service.

ACCA shall not under any circumstances be liable for the data entered and, in general, for the use made by the User, either for itself or for third parties or for third parties authorized by the User, in the Infrastructure and reserves the right to take any initiative and action to safeguard its own rights.
ACCA may not be held liable for any direct or indirect loss, including loss of data or loss of business opportunity and profits resulting from delay, malfunction or failure to use the software, service and data, directly attributable to the malfunctioning of the server or due to force majeure events beyond the control of the the company, such as technical failures and electrical, telephone and telecommunication services being interrupted, strikes, vandalism and terrorist attacks, catastrophes and natural disasters.
ACCA reserves the right to suspend the service at any time and without giving prior notice to the user, for carrying out necessary maintenance activities, or to undertake technical interventions aimed at improving its operation.

Nothing shall be due for any inability to use the service caused by network problems or malfunctions or any damage or malfunction that occurs on the computer of the user on which the software is installed or related connection services used by the user.

2.7 Obligations and rights of the User

The User has the right to use the CLOUD Service according to the Technical Specifications and in accordance with what is defined in this document.

The User acknowledges that the Internet network is not controlled by ACCA and that, due to the particular structure of the said network, ACCA cannot guarantee and monitor the services and the network performance or monitor the contents of information that is transferred through the network. For this reason, ACCA cannot be held liable for operational failures or the transfer or receipt of illegal information of any kind or nature.

The Customer, also in the name and on behalf of third parties to whom it may have permitted, for any reason, the use the service, undertakes to use the service exclusively for lawful purposes and in accordance with the law from time to time in force, uses and customs, duty of care obligations and, in any case, without prejudice to any third-party rights, assuming all liability to that effect. The User declares to be the sole and exclusive administrator of the Service and as such declares to be solely responsible:

  • for the management of data and/or information and/or content contained in the connected Infrastructure, its security and storage and the performance of any other activity deemed useful or necessary to ensure its integrity;
  • for the data content that is accessible and/or made available in the User's Infrastructure or by third parties authorized by the the User;
  • malfunctions of the Service for any non-compliant use;
  • loss or disclosure of login credentials;
  • the management of access from his account (any modification of the Service made through the User's account is presumed to have been made by the User himself);

The User also undertakes to promptly inform ACCA of any unauthorized use of his Account or of any other breach of security found.

It acknowledges and accepts, on behalf of itself and third parties that it has allowed, for whatever reason, to use the service, that the LOGS kept by the supplier in accordance with the law shall be exclusive proof of all operations carried out using the software.

The User, on the other hand, is solely and exclusively responsible for any other operation carried out for himself or for third parties or by them directly, in the Infrastructure through the Service made available by ACCA, with regard to such operations he undertakes to respect or to to make third parties comply with the current legislation applicable from time to time, including that for the protection of personal data.

The User agrees to notify any third party permitted to use the service of and ensure compliance with all the terms of the contract, without exclusion, and also agrees to indemnify and hold harmless ACCA from any and all requests and/or claims for damages from anyone who alleges a claim for breach of the said terms or otherwise in relation to the behaviour of the User or the aforesaid third parties.

The Customer is and remains solely and exclusively responsible for the contents entered or disseminated through the Products and Services covered by the contract, on which ACCA is not required to carry out any checks or control operations, committing itself to indemnify and hold harmless last from any and all related liability.

Furthermore, the Customer is and remains solely and exclusively responsible for any errors or malfunctions deriving from the integration with its other products. In all cases provided for in this paragraph, ACCA will not be liable for damages caused to the Customer by the events indicated above.

ACCA software cloud services allow the User to store or share User Content or to receive material from others. ACCA software does not claim ownership of the User Content. The User Content remains the property of the User, who is responsible for it. You represent and warrant that, for the duration of these Terms, you will have all the necessary rights relating to the User Content uploaded, stored or shared on or through the Services and that the collection, use and storage of the Content of the User through the Services will not violate any law or any third party right.
In any case, the User is obliged to abide by the following rules:

  • To not carry out any illegal actions.
  • Do not engage in activities that exploit, harm or threaten to harm children.
  • Do not send spam or engage in phishing activities. Junk means unwanted bulk email, post, contact request, SMS, instant message, or similar communications in electronic format.
  • Do not use or publicly display the Services made available by ACCA software to share content or other inappropriate material, involving for example nudity, harassment, pornography, offensive language, graphic violence or criminal activity.
  • Do not engage in fraudulent, false or misleading activities, such as extorting money in disguise, impersonating another user, manipulating the Services.
  • Do not intentionally circumvent any restrictions on access or availability of the Services.
  • Do not engage in activities that are harmful to yourself, the Services or other users, such as transmitting viruses, stalking, posting content relating to terrorist activities or violent extremism, expressions of hatred or soliciting violence against other users.
  • Do not engage in activities that violate the right to protection of the personal data of other users.
  • Don't help other users break these rules.

2.8 Information Security

It being understood that the User will always and in any case be solely and exclusively responsible towards ACCA, it is expressly understood that ACCA is not subject to any general surveillance obligation, therefore it does not control or supervise the conduct or acts put in place by the User or does not control or supervise the information and/or data and/or content entered into the infrastructure; in any case ACCA is and remains unrelated to the activities that the User carries out in full autonomy by accessing the software via the internet using their login credentials. In any case, the

User of the service is the sole data controller, pursuant to Legislative Decree 196/03, of the treatment of any data entered.

2.9 Property Rights

The User recognizes and acknowledges that all technological creations forming the basis of the software and services are the property of ACCA.

ACCA software S.p.A. is the sole owner and exclusive holder of the relative rights of use and economic exploitation of the Products and Services. Intellectual property rights are protected by national and international regulations and identify any right governed by relevant laws. With the signing of the Contract, therefore, the Customer receives the Products and Services in a temporary use license only, for the duration of this contract, according to the limits indicated below.

The license for use includes the sole right of the Customer to use the Products and Services in a non-exclusive way, with the absolute exclusion of the relative source codes. In the absence of written authorization from ACCA, it is expressly forbidden for the Customer to transfer the Contract or the relative license for use to third parties.

2.10 Express termination clause.

All the provisions referred to in § 3.10 apply.

2.11 Validity and modifications of the conditions

All the provisions referred to in § 3.11 apply.

2.12 Acceptance of the User License

All the provisions referred to in § 3.12 apply.

2.13 Disputes

The competent court for all disputes that may arise between ACCA and the User is the Court in which the registered office of ACCA software S.p.A. falls.

3. License terms of use of the "ACCA Online Library"

3.1 ­General Information

Together with the provisions defined in the remaining sections of this User License, the provisions of this paragraph govern the User License Conditions ("Conditions") of the ACCA Online Library granted in a non-exclusive manner to the User who accepts and, except where otherwise agreed in writing, they constitute the entire agreement between the User and ACCA in relation to the use of the Library and the dissemination of Models present therein.

3.2 Definitions

i. User License ("License"): the set of authorizations issued to the user by the owner of the product/service;
ii. User: physical or legal user entity of the product/service for which the licence is granted. The same License to Use may not be granted to multiple different Users unless otherwise stated.
iii. Product Specifications ("Specifications"): Set of Technical Specifications of the product/service in question, including any services and supporting documentation;
iv. 3D Models ("Models"); they are individual and separate three-dimensional models of objects created, designed and developed by the Author and include all contents and information related or included in the Model itself (textures, materials, etc.).
v. ACCA Online Library ("Library"); ACCA software S.p.A. service, structured on Web-Based technology, for the distribution of Models to Users.
vi. Original Author of the Models ("Author"); creator of the Model (of which he holds the intellectual property rights) published in the Library to be made available to Users. The Author of the Models can be a User, ACCA or third party
vii. End User of the Models ("End User"); the user who uses a Model taken from the Marketplace.
viii. User of the Library ("User"); User who uses the Library to distribute the Models created (Author) and/or to use the Models present (User).

3.3 Conditions of Use of the ACCA ONLINE Library

In accordance with these Terms, the User can use the Marketplace to view, search, find, download, and distribute Models.

The Models in the Library, created by anyone, are made available free of charge. ACCA reserves the right, however, to distribute the Models present in the Library against payment; in this case this license will be updated with the additional conditions for the purchase of the Models.
Any Author who has access to the Library may distribute their Models to End Users through the Library.

The Author may remove a Model previously posted in the Library at any time, provided that the removal does not affect the License granted to Users who downloaded the Model prior to its removal. While the distribution of the Models will not continue after removal, ACCA is fully entitled to keep copies of the removed Models for data retention purposes.
reserves the right to:
• refuse access to the Library to anyone, at any time, in its sole discretion, for any reason or without any reason;
• refuse to make available a Model in the Marketplace to anyone, at any time, in its sole discretion, for any reason or for no reason;
• delete the objects from the Library, by anyone inserted, at any time in its sole discretion, for any reason or without any reason;
• make the Models available, by anyone inserted, to all users or only part of them, at its sole discretion.
• establish and review, at any time at its sole discretion, the conditions of acceptance and authorization of the Models included in the Library.

3.4 User Accounts

In order to access the Library, the User must have an "ACCA User Account" (registration on the website www.acca.it). The User Account can also be created upon first access to the Library.

The User is fully responsible for maintaining the confidentiality of his / her credentials; furthermore, he is fully responsible for any activity that occurs on the Library through his Account.

The User undertakes to immediately notify ACCA of any unauthorized use of his Account or any other breach of security. ACCA will not be liable for any loss due to access with the User's Account by a third party, with or without knowledge of it.

Personal Identification Information will be managed according to ACCA's “privacy policy” and may be used and shared by ACCA to satisfy access to a Model, to provide related services or as otherwise established by these Terms.

3.5 Products and services owned by ACCA

ACCA's obligations, in relation to its products / services, are governed exclusively by the terms and conditions of this document and of any existing supply contracts.

If you use a product / service owned by ACCA through the Library provided without an agreement, this product / service is provided "as is", without warranties of any kind, express or implied, and the use of such product / service is at your own risk.

ACCA may update or modify its software from time to time (eg Edificius, TerMus, PriMus, etc) without prior notice even if such changes may affect the compatibility or interoperability of the Models.

The right to receive such updates depends on and is governed by the terms of the Software User License Agreement entered into with ACCA.

3.6 Models, products and services provided by third parties

Some of the Models in the Library may be the property of third parties (e.g., manufacturers of building materials, furnishings, etc.).
ACCA does not provide any guarantee for the Models supplied by third parties and published in the Library. The use of a Model owned by third parties is governed by the "License Terms of Use of the Models" set out in § 6 of these Terms.
ACCA MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE MODELS AND MATERIALS IN GENERAL, INCLUDING THEIR CONTENT, PROVIDED BY THIRD PARTIES (AND ANY ACTION THAT ARISES IN CONNECTION WITH THEM).

3.7 License terms applicable to the Models

The use of a Model downloaded from the Library is governed by these Conditions and by the "License to Use the Models". Each Model provided under the "Model Use License" is provided "as is", without any warranties of any kind, either explicit or implicit, and the use of this Model is at the total risk and peril of the User.

The Author may remove any Model previously published in the Library at any time and at his discretion.
ACCA may also remove, at any time and at its complete discretion, any Model from the Library, by anyone published, if such Model violates these Conditions, any ACCA policy, the provisions of law or applicable national and international regulations.

By publishing a Model in the Library, the Author grants ACCA a non-exclusive, worldwide, transferable (with multi-level sublicense right), definitive and irrevocable (under all applicable intellectual property rights) License to copy, execute publicly, display, use, distribute, store, transmit or otherwise make available through the Library any Model including related content, if necessary, to (a) promote, market, distribute (if applicable) each Model; (b) to promote, manage and make any ACCA products or services connected to the Users available.

The Author who publishes the Model also grants to the User who accepts the non-exclusive license for all the Models made available, pursuant to the "Model Use License".

Except for the limited License rights granted pursuant to this document, all title and interest rights relating to the Models created remain with the Author who Created the Model.

ACCA, for its part, does NOT provide any guarantee on the Models published by the Users. The full guarantee remains with the User (Author) who publishes the Models in the Library, who assumes all the related responsibilities.

The Author who publishes the Models, for each Model published in the Library including the related content, DECLARES AND GUARANTEES to be in possession of all intellectual property rights, including patents, copyrights, trademarks, trade secrets, privacy or publicity rights. or other property rights.

If the Model or the related content includes materials and/or contents of third parties, the Author declares and warrants that he has the right to distribute such material and its content and, in any case, to grant ACCA all the rights and licenses provided. from these conditions.

The User who publishes the Models declares to be aware that they CANNOT distribute said Models unless they are the owner and/or have all the necessary rights and authorizations.

3.8 LIBRARY materials

Property rights
ACCA or its licensors reserve all rights, titles and interests (including intellectual property rights) relating to the Library including the content and other information available on the Library including the published Models owned by ACCA (with the exception, therefore, of the Models published by users). ACCA's Rights are protected by international copyright laws and treaties, as well as by intellectual property laws and treaties. All rights not expressly granted in these conditions are retained by ACCA.
Unauthorized use of Materials in the Library may violate copyrights, trademarks and other intellectual property rights and laws in general. The Models and any other software made available on the Library are granted under a non-exclusive license and not sold. Any reference to the sale or purchase of Models and/or software contained in these Conditions shall be understood as the sale or purchase of Licenses.

Usage restrictions
The user cannot and cannot allow others to:
i. Modify Models (including its contents) of the Library (if not those published by the user himself) or use them for any public event, sale, rental or for commercial purposes except as expressly authorized in these Conditions or the "License Use for Models";
ii. Decompile, reverse engineer or disassemble any software provided in the Library;
iii. Remove, obscure, alter or modify any copyright or other proprietary or legal rights of the materials in the Library;
iv. Redistribute or transfer Library Templates to third parties, except as expressly authorized in these Terms.

Behaviour
As a condition of your use of the Library, you expressly represent that you will not use any materials from the Catalog for any purpose that is illegal, prohibited or not provided for in these Terms or any other ACCA policy (“misuse”).
The user declares to be aware of being responsible for any costs incurred by ACCA or any other interested party (including legal fees) due to "improper use" of the materials in the Library.
Misuse includes, but is not limited to:
i. access or attempt to access the catalog in a fraudulent manner or access without authorization to an account of another user;
ii. use any Library Materials to disseminate 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 materials of the Library in such a way as to interfere with the use by other users.
iv. fraudulently acquire the information in the Library;
v. upload, or make available, Models, including files that contain text, images, photographs, software or other content owned by others, which in any way infringes copyrights, trademarks, patents, trade secrets or other proprietary rights;
vi. advertise, offer for sale or buy goods (other than the Models), or use the materials in the Library for promotional purposes, except as expressly permitted by these Conditions;
vii. violate any ACCA policy or any applicable law or regulation;
viii. take any action that imposes an unreasonable or disproportionate load on ACCA's network infrastructure; or uploading files containing viruses, Trojan horses, worms, or other similar software or programs that cause damage to another's computer or property;
ix. use any functionality available in the Library, in an attempt to send communications that would violate applicable law.

3.9 Information published by Users

The Library may include comments, ratings, review mechanisms, and other mechanisms by which users can post, upload, interact, share and submit information.

This information will be considered non-confidential and NON-exclusive property. By sending, uploading, inserting, sharing or communicating in the Library, the User acknowledges and accepts and guarantees to ACCA and its licensors, the consent and authorization to use said information to disclose, reproduce, store, display and perform (publicly and not), publish, adapt, modify, transmit, distribute, translate, reformat, create works based on them and otherwise use such information.

The user also declares and warrants that he owns or otherwise controls all the rights of the information published and that this does not violate the rights of third parties.

ACCA will have no obligation to monitor such information, while reserving the right to disclose any information it deems necessary to comply with any law, regulation, procedure or to review, modify, refuse to send, or remove any user information, in whole or in part, at the complete discretion of ACCA.

ACCA DOES NOT control or approve the content of the information published in the Library by users, therefore, ACCA does not provide any guarantee regarding said information and expressly disclaims any responsibility towards them and any consequent action based on them.

3.10 Communication with ACCA servers

During the interaction with the Library, ACCA may collect data and information (including account data) and use such data for any purpose and without any restrictions.

ACCA may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any comments, bug reports or suggestions provided by users to ACCA itself regarding the Librarymaterials or other ACCA products and services., without any obligations, royalties or restrictions based on intellectual property rights or otherwise.

The User is responsible for the availability, settings and the correct functioning of the network connection and settings of the computer used. All internet connection costs are borne by the User.

BY ACCEPTING THESE LICENSE CONDITIONS OR BY USING THE LIBRARY AND ANY RELATED SERVICES, THE USER ACCEPTS ALL THE CONDITIONS STATED IN THIS DOCUMENT AND AGREES TO THE TRANSMISSION OF THE ABOVE DATA. IF THE LICENSEE DOES NOT ACCEPT THESE TERMS, HE WILL NOT BE ABLE TO USE NEITHER THE LIBRARY NOR ANY RELATED SERVICES.

3.11 Express termination clause.

ACCA, reserves the right, in its sole discretion and at any time including without prior notice, and without that the exercise of such right may constitute non-performance or breach of these Terms and Conditions, to:
i. terminate these Terms and/or suspend any other related licenses;
ii. suspend access to the Library;
iii. suspend any related Services;
iv. suspend/remove the User Account;
v. remove the Models from the Library;

In the event that:

  • the User fails to comply with or breaches even only one of the provisions contained in these Terms;
  • the conduct of the User is such as to give rise to grounds for the reasonable fear that it may fail to comply with these Terms or may be liable for breach of one or more of its provisions;
  • there are well-founded reasons to believe that the Service is being used by unauthorized third parties
  • there are cases of force majeure or circumstances which, at the sole discretion of ACCA, require the carrying out of emergency interventions or related to the resolution of safety problems, danger for the entire network and/or for people or things; in this case, the Service will be restored when ACCA, at its discretion, has assessed that the causes that led to its suspension / interruption have actually been removed or eliminated;
  • the User is involved, for any reason, in any judicial or even extrajudicial dispute of a civil, criminal or administrative nature and in any case in the event that said dispute relates to acts and behaviors implemented through the Service;

Suspension is requested by the Judicial Authorities.
In any case of suspension of the service attributable to the User, ACCA reserves the right to take all the necessary actions to compensate for the damage.

The authorizations and licenses necessary to use and/or distribute the Models or to access the Library will automatically cease; the User must immediately stop using the Library and must destroy all downloaded Models or other material, including any other work combined with the Models.

ACCA declines all responsibility for the termination of the Licenses, the removal of materials from the Catalog, the closure of the Account and the interruption of services.

In addition, ACCA reserves the right to implement all the measures provided by law in order to protect its reputation and rights.

3.12 No Warranty

ACCA DOES NOT ASSUME ANY LIABILITY FOR THE ACCURACY OF MATERIALS PUBLISHED IN THE CATALOG AND DOES NOT WARRANT THAT THE MATERIALS WILL MEET THE NEEDS AND EXPECTATIONS OF USERS, WHICH WILL BE AVAILABLE AT A CERTAIN TIME, WHICH WILL RESULT IN THEIR DEFECTS OR ERRECTS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE USE OF MATERIALS FROM THE CATALOG AND THE DISTRIBUTION OF THE MODELS IS AT THE SOLE RISK AND DANGER OF THE USER.
THE MATERIALS IN THE CATALOG ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL DEFECTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, BY ACCA OF ANY KIND, INCLUDING GUARANTEES OF SATISFACTORY QUALITY, TITLE, NON-PROPERTY INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
ACCA DOES NOT REPRESENT AND DO NOT WARRANT THAT MODELS DEVELOPED DIRECTLY BY ACCA OR PUBLISHED IN THE CATALOG BY USERS OR THIRD PARTIES WILL NOT CONTAIN FEATURES OR FUNCTIONALITIES THAT ARE THE SAME OR SIMILAR TO THOSE OF OTHER MODELS AVAILABLE IN THE CATALOG. ACCA DOES NOT GRANT THE EXCLUSIVE OF ANY KIND ON THE MODELS.

3.13 Limitation of Liability

IN NO EVENT SHALL ACCA BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, DISRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE OF INCIDENTAL 'TO USE OR DISTRIBUTE MODELS AND MATERIALS GENERALLY THROUGH THE CATALOG, OR ANY OTHER ACCA PRODUCT OR SERVICE, OR DAMAGES ARISING FROM USE, EVEN IF ACCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACCA shall not be held liable for any direct or indirect loss, including loss of data or loss of business opportunity and profits resulting from delay, malfunction or failure to use the software, service and/or data, directly attributable to the malfunctioning of the Eyecad VR server or due to force majeure events beyond the control of the the company, such as technical failures and electrical, telephone and telecommunication services being interrupted, strikes, vandalism and terrorist attacks, catastrophes and natural disasters.

SUCH LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF THE FACT THAT SUCH DAMAGES MAY RESULT FROM A BREACH OF AGREEMENT OR WARRANTY, NEGLIGENCE OR OTHER CAUSE OF SERVICE.

The obligations and liabilities of ACCA to the User are those set out in this document, so in the case of breach or non-performance by ACCA, it will be liable to the extent provided by this License to Use and any other indemnity or compensation to the User for direct or indirect loss of any nature or kind is expressly excluded.

TO THE EXTENT THAT THE LAW IN FORCE DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL THE TOTAL LIABILITY FOR ALL DAMAGES AND LOSSES, BY CONTRACT, OBJECTIVE LIABILITY, WRONG (INCLUDING NEGLIGENCE) EXCEED THE AMOUNT, IF ANY PAID LAST 12 MONTHS FOR PRODUCTS/SERVICES LICENSES.

The obligations and liabilities of ACCA to the User are those set out in this document, so in the case of breach or non-performance by ACCA, it will be liable to the extent provided by this License to Use and any other indemnity or compensation to the User for direct or indirect loss of any nature or kind is expressly excluded.

YOU ACKNOWLEDGE AND AGREE THAT IN ALL CASES IN WHICH THIS LICENSE OF USE DOES NOT APPLY, ACCA WILL BE LIABLE EXCLUSIVELY TO THE EXTENT PROVIDED BY THIS LICENSE AND INDICATED THEREIN.

3.14 Obligations and rights of the User

The User has the right to use the Library, the Models and any related products/services according to the Specifications provided and in compliance with what is defined in this document and acknowledges that they are entitled only and exclusively to the indemnity provided therein in the event of failure respect for these rights, excluding any other indemnity or compensation for direct or indirect damages of any nature and kind.

The Customer, also in the name and on behalf of third parties to whom it may have permitted, for any reason, the use the service, undertakes to use the service exclusively for lawful purposes and in accordance with the law from time to time in force, uses and customs, duty of care obligations and, in any case, without prejudice to any third-party rights, assuming all liability to that effect.

At the request of ACCA, the User agrees to defend, indemnify and hold ACCA harmless from all liabilities, claims and expenses, including legal fees, which arise from:

  • the use of materials from the Library;
  • model deployment
  • intellectual property infringement;
  • the use of any downloaded Model;
  • the violation of the “Model Use License” associated with downloaded Models.

3.15 Validity and modifications of the License Terms

The Conditions described in this document will be effective from their acceptance by the User and will remain valid for the entire duration of the provision of services by ACCA.

The User acknowledges and accepts, however, that the Service is characterized by constantly evolving technology, for these reasons ACCA reserves the right to better modify the technical characteristics of the Service, the tools related to it and to vary the conditions of the this License at any time, even after its acceptance, without this giving rise to any obligations of any kind on the part of the User.

3.16 Acceptance of the License Terms

ACCA software makes available the Models present in its Library and any other element present on the site only upon acceptance of these Conditions.

YOU SHOULD READ THESE TERMS BEFORE USING OR ACCESSING THE LIBRARY OR VIEWING, SEARCHING, FINDING, DOWNLOADING AND DISTRIBUTING THE MODELS OR OTHER MATERIALS CONTAINED THEREIN.

By accessing or using the Library, or any other element contained therein, these Conditions will be deemed to have been accepted by the User in its entirety.
If the User does not agree to accept these Conditions, he will not be able to access or use the Library and any element contained therein or associated services in any way.

ACCA also reserves the right to update and modify these Conditions at any time and at its complete discretion. The User is requested to periodically review these Terms in order to accept any changes. Your continued use of the Library or Models, even after the publication of any changes to these Conditions, will confirm your acceptance of such changes.

These Terms constitute a binding legal agreement between the User and ACCA and apply as if they were countersigned.

3.17 Disputes

The competent court for all disputes that may arise between ACCA and the User is the Court in which the registered office of ACCA software SpA falls.

4. License Terms of Use of the Models

4.1. General information

Together with the provisions of §5 of this License of Use document, the provisions of this paragraph regulate the Conditions of License of Use limited to the Models present in the ACCA ONLINE CATALOG granted by the Original Author of the model ("Author"), at 'End User of the Model ("User") and, unless otherwise agreed in writing, constitute the entire agreement between the Author and the User.

4.2 Definitions

i. User License ("License"): the set of authorizations issued to the user by the owner of the product/service;
ii. User: physical or legal user entity of the product/service for which the licence is granted. The same License to Use may not be granted to multiple different Users unless otherwise stated.
iii. Product Specifications ("Specifications"): Set of Technical Specifications of the product / service in question, including any services and supporting documentation;
iv. 3D Models ("Models"); they are individual and separate three-dimensional models of objects created, designed and developed by the Author and include all contents and information related or included in the Model itself (textures, materials, etc.).
v. ACCA Online Library ("Library"); ACCA software SpA service, structured on Web-Based technology, for the distribution of Models to Users.
vi. Original Author of the Models ("Author"); creator of the Model (of which he holds the intellectual property rights) published in the Library to be made available to Users. The Author of the Models can be a User, ACCA or third party
vii. End User of the Models ("End User"); the user who uses a Model taken from the Marketplace.
viii. User of the Library ("User"); User who uses the Library to distribute the Models created (Author) and/or to use the Models present (User).

4.3 Grant of License limited to MODELS

Without prejudice to the provisions of these Conditions (including the "authorized uses" indicated in §6.4 and the "License Restrictions" indicated in §6.5), with the publication of the Model in the Catalog, the Author grants the User a limited license, not transferable and non-exclusive, royalty-free (no right to sublicense) to download, reproduce, adapt, create derivative works based on, modify, publish, publicly display and execute, distribute, manufacture, import and use the templates for expressly authorized uses and reported below.

4.4 Authorized uses

The license for the Models is granted by the Author to the User, limited to:
a) to the creation of works derived from other models (Creations), including through the substantial modification of the geometry, color or other attributes of the Models, provided that, if published in the Catalog, such creation constitutes a Model for all purposes;
b) to incorporate Models and Creations into a larger work or a final result (Work) for a third party, provided that the work includes substantial additional content to the original Model;
c) to the distribution of Models, Creations, and Combined Works to third parties (including for commercial purposes);
d) the making of a reasonable number of copies of Models, Creations, and Works in relation to the above uses.

4.5 License Restrictions

The user cannot and cannot allow others to:
a) sell, bid, distribute any individual Model on a stand alone basis, if you are not the Author;
b) use the Model in violation of applicable laws or regulations or for illegal purposes;
c) remove, obscure or alter any product, proprietary, copyright, trademark or other notices contained in the Model or accessed from or through the Model;
d) claim or misrepresent ownership of any Model if you are not the Author;
e) use all Models, Creations or Works in a competitive way with the Catalog;
f) distribute, in any form, any content obtained from the Library (including the Models) in applications and/or services other than ACCA, except as expressly provided for in these Conditions.
The User agrees to prevent any unauthorized copying of the Models. The User agrees to follow all instructions, indications and limitations on the use of the Models and materials in the Catalog and any related services. The user declares to be responsible for any costs incurred by ACCA or any other party (including legal fees) due to the improper use of the Models.

4.6 Ownership Rights

All Models distributed through Catalog are licensed and not sold. Any reference in this document to the sale or purchase of Models must be understood as the sale / purchase of a license.

The User acknowledges and accepts that:
i. the. the Model contain proprietary information, confidential and protected by the laws on intellectual property and copyright;
ii. the Author of the Model holds all rights, titles and interests, including, without limitation, all intellectual property rights.

4.7 Termination of this License

You may terminate this Agreement at any time by manually deleting the Model from your computer or other media.

In case of violation of these Conditions, the authorization and the License to use the Model will terminate automatically and immediately, the User must immediately stop using and permanently delete any downloaded Model.

Sections 3 (Limited License Grant to Models), 6 (Proprietary Rights), 8 (Disclaimer of Warranty), 9 (Dangerous Activities) and 10 (Limitation of Liability) will be valid even after termination or expiration of this license agreement.

4.8 No Warranty

Neither ACCA nor the Author guarantees that the Model is up to date, that it meets specific personal needs, that any defects or errors will be corrected, or that the Model is free of viruses or other harmful components. The use of the Model is at the sole risk and peril of the user.

THE MODEL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL DEFECTS AND WITHOUT ANY WARRANTY FROM THE DEVELOPER, NOR ACCA, OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE.

4.9 Dangerous activities

The Models are NOT intended for use in nuclear facility management, life support systems, emergency communication systems, air navigation or communication systems, air traffic control systems, building or structural design, power plants, or other similar activities in which model failure could lead to death, personal injury, or serious physical or environmental damage.

4.10 Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER ACCA NOR THE ORIGINAL AUTHOR OF THE MODEL WILL EVER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACCA OR THE AUTHOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM:

(i) USE OR INABILITY TO USE THE MODEL;

(ii) THE COST OF SEARCHING FOR AND ADOPTING THE SUPPLY OF SUBSTITUTE GOODS OR SERVICES;

or (iii) ANY OTHER MATTER RELATING TO THE MODEL. LIMITATIONS WILL APPLY EVEN IN THE ABSENCE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF THE FACT THAT SUCH DAMAGES MAY RESULT FROM A BREACH OF AGREEMENT OR WARRANTY, NEGLIGENCE OR OTHER CAUSE OF SERVICE.

TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT SHALL THE TOTAL LIABILITY FOR THE DEVELOPMENT FOR ALL DAMAGES AND LOSSES, BY CONTRACT, OBJECTIVE LIABILITY, WRONG (INCLUDING NEGLIGENCE), SHALL EXCEED THE AMOUNT PAID MODEL LICENSE.

4.11 Acceptance of the License Terms

Through the Catalog, the Author makes the Models (and any other element connected to them) available to Users upon joint acceptance of these Conditions.

Both the Author and the User are required to read these Terms before publishing, viewing, searching, finding, downloading, using, purchasing Models.

By publishing any Model in the Catalog, the Author accepts the terms of these Conditions.
By purchasing, downloading or using any Model present in the Catalog, the User accepts the terms of these Conditions.

If the Author / User does not agree to accept these Conditions, he will not be able to publish / use the Models in any way or, even less, the Catalog and any element contained therein.
ACCA also reserves the right to update and modify these Conditions at any time and at its complete discretion. The Author/User is invited to periodically check these Conditions to ascertain any changes. Your continued use of the Library or Models, even after the publication of any changes to these Conditions, will confirm your acceptance of such changes.

4.12 Reference Law

This license agreement and all related actions and procedures, is governed by the laws of the state of residence of the Author of the state of residence of the User and of the state in which the registered office of ACCA Software SpA resides, without regard to conflicts between legal regulations.
The competent court for all disputes that may arise between ACCA and the User is the Court in which the registered office of ACCA software SpA falls.

5. Archives and Data Banks provided with the software

5.1 General information

Together with the provisions defined in the remaining sections of this User License, the provisions of this paragraph regulate the License Conditions for the Use of the ARCHIVES and DATABASES supplied with the software produced by ACCA software SpA (by way of example and not limited to: archives of materials, processes, physical data, price lists and lists, regulatory databases, specifications, models, etc).

Subject to the provisions of this License to use, where the provision of ARCHIVES and DATA BANKS provides for the use of a paid service, please refer to the relevant supply contract for the terms of use of the service.

5.2 Terms of Use of ARCHIVES and DATABASES

ACCA grants to the Customer, who accepts, the only LICENSE OF USE, not exclusive of the ARCHIVES and DATABASES and reserves, also for its successors in title, the exclusive ownership of the same and of all its rights, being able to always dispose of them as he sees fit and towards anyone.

The aforementioned user license is granted on condition that the Customer has obtained the ARCHIVES and/or DATABASES from ACCA or from an authorized reseller and that he respects the terms of this License. ACCA also reserves the right to make product changes without notice at any time.

The ARCHIVES and DATABASES can be provided to the user directly with the software or published on their website and can be used through a specific service: for the terms of the "License to use Software, Services and Data relating to Web Services" please refer to § 2 of this document.

At its sole discretion, ACCA can provide the Customer with any updates to ARCHIVES and DATABASES free of charge, or upon payment of a fee.

5.3 PROPRIETARY RIGHTS

ACCA or its licensors reserve all rights, titles and interests (including intellectual property rights) relating to ARCHIVES and DATABASES including the content and other information available therein owned by ACCA (with the exception, therefore, of any data entered by users).

ACCA's Rights are protected by international copyright laws and treaties, as well as by intellectual property laws and treaties.

All rights not expressly granted in these conditions are retained by ACCA.
Unauthorized use of the ARCHIVES and DATABASES present and their contents may violate copyright, trademarks and other intellectual property rights and laws in general.

5.4 Limitations of Use

ARCHIVES and DATABASES supplied with the software and/or published on its website arise from the constant commitment of ACCA in research activities.

To safeguard ACCA's commitment in the production of ARCHIVES and DATABASES, the user cannot and cannot allow others to:
i. use DATABASES and DATABASES, or part of them, with software other than those provided and, more generally, with software not produced by ACCA software SpA;
ii. where possible (eg price lists), convert ARCHIVES and DATABASES into formats other than those with which ACCA provides them;
iii. use ARCHIVES and DATABASES for non-professional purposes;
iv. use ARCHIVES and DATABASES, including the data contained therein, for sale, rental or for commercial purposes except as expressly authorized in this "User License" or with the express authorization of ACCA software SpA.
v. Remove, obscure, alter or modify any copyright or other proprietary or legal rights of ARCHIVES and DATABASES;
vi. Redistribute or transfer ARCHIVES and DATABASES, including the data contained therein, to third parties, except as expressly authorized in this "User License" or with the express authorization of ACCA software SpA.

5.5 Conditions of Use of the Price List-NET Service

Introduction
PriceBooks-NET is a free service for publishing building prices on the internet in the PriMus DCF standard format for the exclusive use of ACCA software SpA customers.

Terms of Services

The published price lists arise from ACCA's constant commitment to Research and Conversion of Public Tariffs from their original format (eg: txt, doc, xls, pdf, etc.) to the PriMus DCF standard format.
To safeguard ACCA's commitment in the production of the aforementioned Price Lists in the PriMus DCF standard format:

  • The use of the aforementioned Price Lists is ALLOWED exclusively in conjunction with the software of the PriMus solution (PriMus, PriMus-DCF, PriMus-P, etc.) or with the other ACCA software that require the use of the Price Lists (Edificius, CerTus, TerMus, etc);
  • The use of the aforementioned Price Lists for professional purposes only for the creation of Price Lists, Calculations, Estimates, Accounting and all the remaining documentation produced by the ACCA software that the User of the software can produce for himself and for his Clients is ALLOWED;
  • IT IS EXPRESSLY FORBIDDEN to convert the aforementioned Price Lists, produced by ACCA into the DCF standard format, to use or distribute them in other formats;
  • IT IS EXPRESSLY FORBIDDEN to use the aforementioned Price Lists, produced by ACCA in the DCF standard format, with other Metric Calculation and Job Accounting software or, more generally, with software that is not produced by ACCA software SpA.
  • IT IS EXPRESSLY FORBIDDEN to use the aforementioned Prices for sale, rental or for commercial purposes except as expressly authorized in this "User License" or with the express authorization of ACCA software;
  • IT IS EXPRESSLY FORBIDDEN to remove, obscure, alter or modify any copyright or other proprietary or legal rights of the aforementioned Price Listers;
  • IT IS EXPRESSLY FORBIDDEN to redistribute or transfer the aforementioned Price Lists to third parties except as expressly authorized in this "User License" or with the express authorization of ACCA software SpA

5.6 Obligations and rights of the User

The User has the right to use ARCHIVES and DATABASES, including any related services, according to the Specifications provided, the conditions dictated by any contracts signed for the use of related services and in accordance with what is defined in this document and acknowledges to have the right only and exclusively to the indemnity provided therein in the event of non-compliance with these rights, excluding any other indemnity or compensation for direct or indirect damages of any nature and kind.

The Customer, also in the name and on behalf of third parties to whom it may have permitted, for any reason, the use the service, undertakes to use the service exclusively for lawful purposes and in accordance with the law from time to time in force, uses and customs, duty of care obligations and, in any case, without prejudice to any third-party rights, assuming all liability to that effect.

At the request of ACCA, the User agrees to defend, indemnify and hold ACCA harmless from all liabilities, claims and expenses, including legal fees, which arise from:

  • unauthorized or improper use of ARCHIVES and DATABASES, including any related services;
  • intellectual property infringement;
  • the violation of this “Model Use License”.

5.7 Warranty Disclaimer

ACCA MAKES NO WARRANTY AND ASSUMES NO LIABILITY FOR THE ACCURACY OF THE DATA PRESENT IN THE FILES AND DATABASES AND DOES NOT WARRANT THAT SUCH DATA WILL SATISFY THE NEEDS AND EXPECTATIONS OF USERS AND THAT THEY WILL BE DEFECTS OR ERRORS.

USE OF THE ARCHIVES AND DATABASES IS AT THE SOLE RISK AND DANGER OF THE USER.
THE MATERIALS IN THE CATALOG ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL DEFECTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, BY ACCA OF ANY KIND, INCLUDING GUARANTEES OF SATISFACTORY QUALITY, TITLE, NON-PROPERTY INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

5.8 Limitation of Liability

ACCA DOES NOT ASSUME ANY LIABILITY FOR THE CONTENT OF THE ARCHIVES AND DATABASES PROVIDED WITH THE SOFTWARE OR PUBLISHED ON ITS INTERNET SITE.

ACCA assumes no responsibility for the content of the archives and databases provided and on the documents that can be obtained with its own use.

As far as the preparation and management of the data is done with the utmost care, it is not possible to ensure the accuracy of the same and therefore in no case will acca be responsible for direct or indirect damage, or resulting from errors and/or defects in the data included , without limitation, the damage due to loss of profits or revenues, interruption of business, loss of information or other economic and/or image losses, even if it has been warned of the possibility of such damages.

In any event, the liability of ACCA will be limited to an amount corresponding to the sale price of the product.

THE USER, THEREFORE, IS REQUIRED TO EVALUATE AND VERIFY THE DATA OF THE ARCHIVES AND DATABASES IN EVERY PART, INCLUDING THEIR RESPONSE TO THE LAW IN FORCE, HE IS THE SOLE RESPONSIBLE FOR THE ACCURACY OF THE PROCESSES AND THE RESULTS FROM THE USE OF SUCH DATA.

ACCA shall not be held liable for any direct or indirect loss, including loss of data or loss of business opportunity and profits resulting from delay, malfunction or failure to use the software, service and/or data, directly attributable to the malfunctioning of the Eyecad VR server or due to force majeure events beyond the control of the the company, such as technical failures and electrical, telephone and telecommunication services being interrupted, strikes, vandalism and terrorist attacks, catastrophes and natural disasters.

5.9 Express termination clause.

ACCA, reserves the right, in its sole discretion and at any time including without prior notice, and without that the exercise of such right may constitute non-performance or breach of these Terms and Conditions, to:

i. terminate these Terms and/or suspend any other related licenses;
ii. suspend access to any services for the use of Archives and Databases
iii. suspend / remove any User Accounts;

In the event that:

  • the User fails to comply with or breaches even only one of the provisions contained in these Terms;
  • the conduct of the User is such as to give rise to grounds for the reasonable fear that it may fail to comply with these Terms or may be liable for breach of one or more of its provisions;
  • there are well-founded reasons to believe that the ARCHIVES and DATABASES, including any related services, are used by unauthorized third parties;
  • the User is involved, for any reason, in any judicial or even extrajudicial dispute of a civil, criminal or administrative nature and in any case in the event that said dispute concerns acts and behaviors implemented through the use of ARCHIVES and/or DATABASES of ACCA or any related services.
  • the suspension of any related services is requested by the Judicial Authority.

In any case of suspension of the service attributable to the User, ACCA reserves the right to take all the necessary actions to compensate for the damage.

The authorizations and licenses necessary to use ARCHIVES and DATABASES and to access any related services will cease automatically; the User must immediately stop using the ARCHIVES and DATABASES.

ACCA declines all responsibility for the termination of the Licenses, the closure of any Accounts and the interruption of any services.

In addition, ACCA reserves the right to implement all the measures provided by law in order to protect its reputation and rights.

5.10 Acceptance of the License Terms

ACCA software makes ARCHIVES and DATABASES and any related service available, only upon acceptance of these Conditions.

THE USER SHOULD READ THESE CONDITIONS BEFORE USING THE DATABASES AND/OR DATABASES OR USING ANY CONNECTED SERVICES.
Upon use of the ARCHIVES and DATA BANKS or, including only partially, of any related services, these Terms will be deemed to be accepted in full by the User.

If the User does not deem to accept these Conditions, he will not be able to use ARCHIVES and DATABASES in any way nor access any related services.

ACCA also reserves the right to update and modify these Conditions at any time and at its complete discretion. The User is requested to periodically review these Terms in order to accept any changes. The continued use of the ARCHIVES and DATABASES and any related services, even after the publication of any changes to these Conditions, will confirm acceptance of such changes.

These Terms constitute a binding legal agreement between the User and ACCA and apply as if they were countersigned.

5.11 Disputes

The competent court for all disputes that may arise between ACCA and the User is the Court in which the registered office of ACCA software SpA falls.

ACCA software S.p.A.
Contrada Rosole 13 – 83043 BAGNOLI IRPINO (AV) – Italy
E-Mail: info@accasoftware.com – Internet: www.accasoftware.com
Copyright 1989/2022 – All rights reserved
Other rights:
Legal Notes IntelliCAD: “IntelliCAD” and the IntelliCAD logo are registered trademarks of The IntelliCAD Technology Consortium in the United States and other countries
Windows is a trademark of Microsoft.
Acrobat ® Reader Copyright © 1987-2001 Adobe Systems Incorporated. – All rights reserved – Adobe and Acrobat are trademarks of Adobe Systems Incorporated.
All trademarks and products mentioned herein belong to their respective owners.

E.2 R.0 INT – 31/01/2022

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