TITLE
terms of
use
1. SUBJECT
1.1 These terms of use (the “Terms of Use”) govern the terms and
conditions under which Came S.p.A. (“Came”) licenses the installation
technicians in its network (the “Installers”) to use the software
necessary to access and supply end customers with certain services
related to the system called CameConnect (the “Software” and
“CameConnect” respectively), which includes (i) the web interface via
the website www.cameconnect.net (the “Website”); (ii) the smartphone
application (the “App”); (iii) fi rmware and software; (iv) hardware
devices (the “Hardware”).
1.2 The owner of the Software, the Website and CameConnect is Came.
1.3 In order to download the Software and access CameConnect, the
Installer must fi ll in a form on the Website, in which he/she will have to
provide some personal data (the “Form”).
In order to fi ll in the Form, the Installer must also register on the
Website, if he/
she has not done so already, opening an account,
creating an ID and relative password. Except in the event that a
third party violates the Came computer systems, the Installer shall
be exclusively responsible for maintaining the confi dentiality of his/
her account information, including the password, and any activities
originating from the account itself. In the event of unauthorised use of
the account, the Installer shall give immediate written notice to Came
so that the account itself can be blocked.
1.4 By accepting the Terms of Use, the Installer declares that he/she is
in possession of all the requirements necessary to accept the terms
contained herein and recognises the compulsory nature of said terms.
2. LICENSING AND INTELLECTUAL PROPERTY RIGHTS
2.1 Came grants the Installer a non-exclusive, revocable, limited, personal
and non-transferable licence for the Software for an indefi nite period,
which may only be used in accordance with the Terms of Use.
2.2 The Installer shall be exclusively responsible for the use of the
Software and, to that end, undertakes not to use it with any application
other than CameConnect and/or in relation to products other than
those from the Came Group.
2.3 The Installer remains responsible for ensuring he/she has the tools and
technical accessories necessary to support the use of the Software.
The minimum system requirements required at that particular time are
indicated on the following webpage.
2.4 Came remains the exclusive owner of all rights concerning the
Software and CameConnect, including trademarks, patents and
confi dential information related thereto. Consequently, the Installer
does not acquire any right, title or interest in respect of any intellectual
property rights, copyright or other proprietary rights, including patents,
designs, trademarks, copyright, database rights, commercial or
confi dential information or secrets proprietary to or available to Came.
2.5 The Installer recognises that the Software, and related documentation,
are licensed exclusively to the Installer and that the use of the
Software must be in accordance with applicable laws, in particular
those concerning the protection of copyright and/or other industrial or
intellectual property rights.
Consequently, the Installer is prohibited from:
copying (except for backup), transferring, reselling, sublicensing and/or
marketing the Software in any form, in whole or in part;
modifying, decompiling, disassembling and/or performing reverse
engineering on the Software;
using the Software for purposes other than the operation of
CameConnect;
removing any reference to Came’s proprietary rights relating to the
Software and CameConnect.
3. CAMECONNECT
3.1 CameConnect has the features described in detail in the User Manual.
3.2 The features of the Software and CameConnect are subject to change
without notice.
4. DURATION OF THE LICENCE
The licence shall be deemed granted indefi nitely. Either party may
withdraw at any time without penalty or compensation.
5. EXPRESS TERMINATION CLAUSE
Came reserves the right to terminate this licence agreement with
immediate effect in the event of the violation of the terms of Articles
2.2 and/or 2.5. In this case, termination shall occur automatically
upon receipt by the Installer of the notifi cation sent by Came, with no
obligation for prior notice, without prejudice to the right of Came to
claim compensation for any damage suffered.
6. PROVISION OF THE SERVICE. LIMITATION OF LIABILITY
6.1 Came undertakes to ensure the ongoing provision of CameConnect
and the contents of the Website.
6.2 Came will do everything in its power to schedule maintenance of the
systems so as to ensure the ongoing nature of the provision. In the
event of extraordinary and/or unscheduled maintenance, Came shall
take all reasonable measures to reduce the inconvenience to the
Installer.
6.3 In the event that any service defi ciencies are due to causes not
attributable to Came, including, but not limited to, unforeseeable
circumstances, force majeure, technical problems related to third-party
internet, software or hardware, interference and/or specifi c weather
conditions, Came will not be in any way liable for the failed or faulty
provision of the service, nor will it be liable for any loss, damage or
injury arising from these to the Installer.
7. INSTALLER DATA AND PRIVACY
7.1 Registering on the Website implies the transfer by the Installer
of certain personal data. To this end, the Installer undertakes to
communicate correct, current and truthful data.
7.2 The Installer’s personal data will be processed by Came as detailed in
its privacy policy.
7.3 With the prior express consent of end customers, Came may inform
the Installer of the data strictly necessary for the provision of remote
assistance services related to CameConnect. In particular, with the
express consent of the end user, the Installer that performed the
installation of the automation, home automation, security, temperature
control and/or video surveillance system manufactured by Came may
be associated with the system itself. In this way, the Installer can
perform remote diagnostics, also verifying the number of operations
performed, the status of the photocells and the Hardware parameters,
and proceed with remote assistance to help the end customer.
For the above purposes, pursuant to Italian Legislative Decree
196/2003, by fi lling in the form and/or registering on the Website, the
Installer is appointed as external data processor. The Installer therefore
undertakes to comply with the applicable laws regarding privacy, doing
whatever is necessary to ensure the confi dentiality and protection of
data disclosed by Came, and putting in place all necessary technical
measures. The Installer shall hold harmless and indemnify Came from
any liability that may arise to the latter in violation of this article.
The Installer may use the data disclosed by Came exclusively for the
provision of the remote assistance services related to CameConnect;
any other use of the same is forbidden, as is its provision, sale and/or
transfer to third parties.
In any case of termination of the licence, the Installer undertakes to
delete the data immediately, and in any case within 5 days from the
termination itself, providing immediate written confi rmation to Came.
8. GENERAL PROVISIONS
8.1 Any communication from the Installer that is connected and/or related
to the relationship with Came - including any complaints, reports,
requests, exercising of the right of withdrawal etc. - must be sent to
the e-mail address [email protected] or, by registered
mail with acknowledgement of receipt, to the following address:
Came S.p.A.
Via Martiri della Libertà 15,
31030 Dosson di Casier
Treviso - Italia
Any communication to the Installer will be sent by registered mail with
acknowledgment of receipt or by e-mail to the addresses indicated on
the form.
8.2 Any dispute arising from these Terms of Use or related thereto will be
under the exclusive jurisdiction of the Court of Treviso (Italy).
8.3 Came reserves the right to make changes to the Terms of Use at any
time, publicising them on this page. In the event of a failure to accept
the changes made to the Terms of Use, the Installer may withdraw
under the terms of article 4.