1. Field of action
The use of the web pages provided by TEXA S.p.A. and/or affiliated companies or direct or indirect subsidiaries (hereinafter referred to as "TEXA S.p.A.") and the " TEXA S.p.A. website", is only permitted in compliance with the terms and conditions set out herein, which may be amended, modified or replaced by other terms and conditions, such as, for example, the purchase of products and services. In the case of log–in, or when log-in is not required, when using the TEXA S.p.A. website for the first time, users will be required to accept the terms and conditions set out herein in the version provided.
2.1 In the TEXA S.p.A. website, TEXA S.p.A. makes available information and, when necessary, connected documentation, either in reading only format or download version.
2.2TEXA S.p.A. reserves the right to fully or partially interrupt operations on the TEXA S.p.A. website at any time. Aue to the nature of Internet and computer systems, TEXA S.p.A. does not accept responsibility for the availability of the TEXA S.p.A. website over time.
3. Registration, Password
3.1 It is possible that certain pages of the TEXA S.p.A website may be protected by passwords. For security reasons and in order to safeguard financial transactions, such pages are available to registered users only. TEXA S.p.A. reserves the right to refuse the registration of Users at its discretion. In particular, TEXA S.p.A. reserves the right to make certain websites previously open to all accessible to registered subjects only. TEXA S.p.A. has the right to refuse a User access to areas protected by passwords by blocking the relative User Data (as indicated below) at any time and without being obliged to provide explanations, in particular should the User:
- use a false identity with the intention to deceive third parties;
- breach the terms and conditions of this contract or not fulfil his/her duty with regard to User Data.
3.2 For registration purposes, the User must provide accurate information; should this information change over time, the User must inform TEXA S.p.A. (online if possible) as soon as possible. The User must guarantee that the e-mail address provided to TEXA S.p.A. is enabled and current (i.e. the User can be contacted using this means).
3.3 On registration, the User will be provided with an access code, including a User ID and a password (“User Data”). On request the password may be modified, by TEXA personnel only.
3.4 The User must guarantee that his/her User data are not accessible to third parties and that they are reliable for all the transactions and activities performed on the basis of the same. At the end of each online session, the user will disconnect from websites requiring the password. Should the User become aware of the fact that his/her User data are used by third parties, he/she must inform TEXA S.p.A. in writing or, when requested, by e-mail immediately.
3.5 Following receipt of the notice described in paragraph 3.4, TEXA S.p.A. must deny access to the areas protected by password to said User Data. Access will only be possible subject to request by the User to TEXA S.p.A. or following a new registration.
3.6 The User may request the cancellation of registration in writing at any time, so long as said cancellation does not breach the correct fulfilment of contractual relationships. If so, TEXA S.p.A., will cancel all User Data and other personal identification data relating to the User as soon as said data is no longer necessary.
4. Right of Use of Information, Software Products and Documentation
4.1 The use of information, software products and documentation consented to on the TEXA S.p.A website is subject to the terms and conditions set out in this document or, in the case of information upgrades, software products or documentation, to the regulations contained in the applicable licences agreed to previously with TEXA S.p.A. Licensing regulations agreed to separately will prevail over the terms and conditions of this contract.
4.2 TEXA S.p.A. grants the User the non-exclusive and non-transferrable right to use information, software products and documentation made available on the TEXA S.p.A. website within the ageed terms or, should no agreement of this kind be stipulated, within the purposes intended by TEXA S.p.A. in making such means available.
4.3 Information, software products and documentation must not in any case distributed to third parties, nor hired or made available in any way. As is known, reproduction and translation or modification are consented to parties other than TEXA S.p.A. for the following purposes only:
- use of the programme in conformity with TEXA S.p.A.instructions;
- the so-called back up copies;
- the so-called "reverse engineering", but with the sole aim of obtaining essential information in order to allow an autonomously created programme to interoperate with the TEXA S.p.A. programme.
4.4 Information, software products and documentation are protected by copyright laws and other laws and conventions on intellectual property. The User shall comply with such laws; in particular, he/she may not, for any reason, remove alphanumerical codes, logos or copyright notices from the software or documentation in his/her possession.
5. Intellectual property
5.1 Regardless of the specific provisions contained in § 4 of the terms and conditions of this agreement, information, logos and other contents of the TEXA S.p.A. website may not be modified, copied, reproduced, sold, hired, employed, integrated or used without prior consent by TEXA S.p.A.
5.2 With the exception of the rights of use and other rights explicitly guaranteed in this document, the User will not be granted further rights nor is there any obligation to grant him/her for example, as a purely non-excusive example, company denominations or rights over intellectual property such as patents, logos or models of use.
6.1 During the use of the TEXA S.p.A website the User must refrain from:
- breaching intellectual property rights or other property rights;
- uploading material containing viruses, Trojans or any other programme that can damage data;
- transmitting memorising or uploading hyperlinks or content for which the User is unauthorised, in particular, when such hyperlinks or contents infringe confidentiality obligations or are illegal;
- distribuiting advertising or un-requested e–mails (“Spamming”) or incorrect virus warnings, defects or similar materials, requesting participation in lotteries, cascade systems, letter chains or similar actions.
6.2 TEXA S.p.A. may refuse access to the TEXA S.p.A website at any time, in particular if the User infringes any one of the obligations resulting from this agreement.
TEXA S p.A. declines all responsibility for the content of any websites accessed by users through its own website
The existence of hyperlinks to other websites does not intend approval or acceptance of risk by TEXA S.p.A. concerning the content of the new website to which one accesses, in relation also to the policy adopted for the use and handling of personal information.
The use of such web pages is therefore the exclusive responsibility of the User.
8. Responsability for title or quality defects
The information present on the TEXA S.p.A website are intended as general information only and could be, according to circumstances, faulty, incomplete or inexact.
TEXA S.p.A. also reserves the faculty to vary the content of the website at any time, without being obliged to give prior notice.
TEXA S.p.A. does not assume any responsibility for the eventualities mentioned above or for any direct or indirect harmful consequences that may derive from the use or impossibility of use of the information present on the website.
Despite the fact that TEXA S.p.A. does everything in its power to guarantee appropriate security measures, it advises Users, for their own protection, to act in order to guarantee suitable security measures and to use an anti-virus programme before downloading information, software products or documentation.
10. Exportation checks
The exportation of certain information, software products and documentation may, due to its character or for the purposes or destinations foreseen, be subject to authorisation. Users must also comply with exportation rules for information, software and documentation.
11. Protection of Personal Data
With regards to the gathering, use and processing of the identification data of TEXA S.p.A. website users, TEXA S.p.A. is obliged to respect the current applicable laws on the protection of personal data, as well as the Protection Rules of the Data on the TEXA S p.A. website available as hyperlinks on http://www.TEXA.it/.
12. Supplementary agreements, Applicable regulations, Place of Jurisdiction
12.1 Any other supplementary agreement must be drafted in a written form
12.2 The conditions set out herein are governed by Italian Law. The Place of Jurisdiction for any controversy resulting from this agreement is the Tribunal of Treviso.
SOFTWARE USER LICENSE
Please, read carefully this user license (hereinafter also referred to as “License”). This License is considered read and approved upon the installation, copy or use of the TEXA software product. For Software purchased via web, apply the general conditions for use stated on the TEXA website and, residually, as applicable, this License
Licensor: TEXA S.p.A., with registered offices in Monastier (TV) postal code 31050, Via 1 Maggio nr. 9, registered at the Chamber of Commerce of Treviso, Economic and Administrative Index 208102, Tax code/VAT nr. 02413550266, owner of all the rights for the licensed software.
Licensee: Licensed software user resulting from the service-code managed by the Licensor.
1. LICENSE SUBJECT
The Licensor non-exclusively licenses the Licensee to use the downloadable programs upon the acceptance of this license.
The License is permanently issued
3. SOFTWARE PROPERTY RIGHTS
The Software is exclusive property of the Licensor.
The License does not grant the Licensee any right to the source program. All techniques, algorithms and procedures contained in the program and relevant documentation are confidential information property of the Licensor and cannot be used by the Licensee for purposes other than those indicated in this License.
Unless expressly authorized by the Licensor, the Licensee may not fully or partially copy the Software in any way, unless for security and functional operating purposes, including error correction.
In any case, the provisions in this License also extend to program copies made by the Licensee.
The Licensor hereby agrees to provide, upon the Licensee’s request, the information required to achieve interoperability with other Licensor programs.
The Licensee agrees to keep confidential the programs and documents content and to protect the Licensor’s rights.
4. SOFTWARE USE
Without prejudice to provisions set in previous article 3 concerning interoperability, the Licensee cannot decipher, decompile, disassemble, edit or translate the licensed Software product. The Licensee agrees not to alter the Software and not to fully or partially incorporate it in other programs, without previous written authorization by the Licensor.
By using the Software, the Licensee must fully comply this License and the additional general conditions and warnings on the packaging, in the user manual and in the electronic or on-line product documentation.
Please, note that Software products cannot be programmed to run without any margin of error for all possible applications and uses; furthermore, updated Software versions may introduce errors not found in the previous versions. The Licensee accepts these eventualities.
Every data processing tool is equipped with a specific protection device, internal or external. For external protection devices, the Software may also be used on different processing tools, but never simultaneously.
The Software is licensed as a single product. Its components cannot be separated or used in different processing environments or by users, other than those authorized.
The installed Software is activated via on-line procedure consisting of the user entering a first activation code in a specific section in the Licensor's website and a counter-code automatically issued by the Licensor immediately after the first activation code is entered.
The data processing tool for the Software use is equipped with a protection device provided by the Licensor.
5. TERMINATION CLAUSE
Should the Licensee fail to observe the Software rules for use, the Licensor may request this License be terminated and order the Licensee to immediate terminate the use of licensed software. Termination is legally effective as per Italian civil code, article 1456, upon the Licensor’s written communication. In this case, the Licensor can request the Licensee to return and/or destroy all Software copies and components in its possession.
The Licensor may take all the measures necessary to ensure correct Software use by the Licensee. Specifically, the Licensor may interrupt, suspend, limit or prevent Software use without prior notice or compensation should the Licensee assume incorrect behavior or conduct actions prohibited by law and current regulations, or by this user license.
In all the above potential cases, the Licensor shall have the right to request damage compensation for damages incurred and shall not be liable to return any amounts, even partial, paid by the Licensee.
The Licensor guarantees that the Software is able to run the operations foreseen and indicated in the technical descriptions on the programs. The Software warranty is valid for one year from the date of activation and depends on the Licensee’s correct system use.
Except the application of mandatory legal requirements, the Licensor does not provide or acknowledge any additional warranty and does not provide any promises on quality, good functioning and suitability for a specific purpose or result concerning the Software and any connected hardware or device.
This License also applies to updated Software versions, as well as improvements or adjustments. Any Licensee purchase of the rights to use updated Software product versions does not provide the right to increase the number of usable copies.
8. LANGUAGE AND FORM
This License is drafted in Italian. This language takes priority over translations into other languages. The Italian version is available for review prior to consent at: www.TEXA.com under the item “legal info”.
Any change or addition to this License must be in writing and accepted by the Parties, or will be considered null and void.
9. LEGAL CONFORMITY
The Licensee agrees to observe the provisions set in this License and acknowledges its duty to ensure that intended licensed Software use is legitimate, even if the Licensor states that the Software complies with certain laws or internal and international regulations in effect upon the date of issue of TEXA products on the market. The Licensee agrees to use and manage Software content under his/her own responsibility. Consequently, TEXA shall not be held liable for direct or indirect damages incurred by the Licensee or third parties following Software use.
The Parties expressly state to have reviewed the information sheet required by art. 13 of Legislative Decree 196/2003 (Privacy code).
The Parties agree to process the respective data in full observance of the principles set forth in Legislative Decree 30 196/2003 and to adopt the minimum security measures set forth in Appendix B of said Decree.