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84
OPERATOR'S MANUAL
EN
10.1.3. USE OF THE SOFTWARE PRODUCT AND EXPRESS TERMINATION CLAUSE
a. Software. The User can install the Software and can use it under the conditions and within the limits established
in this licence.
The User is not authorised to distribute the Software, whether free-of-charge or upon payment, and cannot
provide services or develop products or software applications based on the Image Software or which make use of
it in any way whatsoever.
It is expressly forbidden to make any changes to the software or incorporate it partially or fully in other programs.
In the same way, no trademarks/brand names/numbers or any other item included in the software or its storage
mediums may be removed, altered or copied.
b. Restrictions regarding decoding, decompilation and disassembly. The User cannot decode, decompile,
disassemble, modify or translate the Software product except when expressly laid down by the law.
c. Prohibition of transfer / sub-licence / leasing. The User cannot transfer, grant under a sub-licence, whether free-
of-charge or upon payment, or let out under a leasing or any other arrangement, this Software to third parties.
Unless otherwise agreed, the user cannot allow third parties the use of the software even for promotional,
demonstration or educational purposes.
If the User does not adhere to the conditions of use of the Software and, therefore, in the event of failure to
observe, or violation of, the terms laid out in this paragraph at points a, b and c the licence shall be withdrawn. If
this should happen, the Author has the right to request that the User destroys all copies of the Software and all
component parts in its possession.
Under these circumstances the author shall have the right to claim for damages.
10.1.4. GUARANTEE AND EXCLUSIONS FROM THE GUARANTEE
The Software is supplied in its original state and the Author does not offer and shall not acknowledge any guarantee
for original defects or defects which might subsequently arise and shall not make any guarantee of quality or trouble-
free functioning as regards the Software. Furthermore the Author shall not offer or acknowledge any guarantee
regarding compliance of the Software with that described in the electronic documentation made available “on
-
line” or
in any other manner, except for the guarantee for the actual storage medium (USB PEN DRIVE) if this should be
damaged or unusable.
Any other guarantee is excluded even if the Software is installed in or is part of other software applications developed
by third parties. In addition, in relation to these applications, the Author expressly states that no checks of any kind
have or will be made as regards the functioning of this product.
10.1.5. LIMITS OF RESPONSIBILITY
Under no circumstances shall the Author or its suppliers be held responsible for direct or indirect damage (including
damage resulting from lost earnings, lack of earnings or savings, interruption of business, loss of information or data
and other economic loss) caused to the User or third parties by the use or improper use of the Software product even
if the author has been informed of the possibility of such damage. This limit of responsibility is not only applicable
when the Software is used improperly and not as instructed in the Author’s indications but also when the Software is
used
properly and in compliance with the Author’s directions.
10.1.6. APPLICABLE LAWS, JURISDICTION AND COURT OF JURISDICTION
The conditions of this licence are subject to Italian law. Notwithstanding other standards bringing together individual
laws or International Conventions, any disputes which might arise between the parts regarding the interpretation or
execution of this agreement shall come under the exclusive jurisdiction of Italian law and the exclusive court of
jurisdiction shall be the Law Court of Bologna.
10.1.7. WRITTEN FORM
Any modifications should be made in written form. Failure to observe the above shall result in the agreement being
made null and void. The parties agree not to recognise the validity in law of any verbal agreements made by any
person previously, at the same time or subsequently to the written contract and state that at no time from this
moment on shall any attempt be made to validate any verbal agreement which might alter that laid down in the
present general conditions. The author reserves the right to modify the present general conditions at any time and
unilaterally and to communicate any such changes by the most suitable means.