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Untitled Document
[Declaration of approval of legal terms]
Provisions to be separately accepted under art. 1341 ICC
In accordance with Articles 1341 and 1342 of the Italian Civil Code, the Customer hereby declares to have read and to expressly approve the following Sections of the License Agreement:
4) Software - Absence of warranties concerning the Software; 5) Device - Absence of warranties concerning the Device; 6) Limitation of liability; 9) Exclusion of the withdrawal right;10) Applicable law and Court.
Untitled Document
LICENSE AGREEMENT
This License Agreement (the "License Agreement") is entered into by and between Danijay P.M.L. of Daniele Zaffiri (the "Grantor"), REA 437293, P.IVA 0147427096 having its offices in Via des Geneys 41, 16148 Genova and you (the "Customer").
In this License Agreement the following terms will have the following meanings:
- Device: the free multimedia device through which the Licensed Contents are provided to the Customer;
- Price: the amount of money paid by the Customer as consideration for the grant of the License, as indicated in the Purchase Procedure;
- License: the rights defined under Section 3 below;
- Licensed Contents: the musical data and Software object of the License and included in the Device;
- Purchase Confirmation: the confirmation of the Purchase of the License to be made by the Grantor;
- Purchase Procedure: the on-line procedure on the Website through which the Customer purchases the License;
- Software: any applicative software which may be included in the Device;
- Websites: the websites www.danijay-store.com and www.danijay.com.
- Object of the License Agreement
Under this License Agreement, the Grantor grants the License to the Customer, subject to the payment of the Price as specified in the Purchase Procedure.
Upon completion of the Purchase Procedure, the Grantor will send to the Customer the Purchase Confirmation. Upon the receipt of the Purchase Confirmation, the License Agreement will be validly entered into between the parties hereto.
The Licensed Contents will be included in the Device which will be granted to the Customer as a free gift. In no case shall the Device be used for purposes not allowed by any applicable law, with particular reference to the applicable copyright protection laws.
The Device including the License Contents will be delivered within 30 (thirty) days from the Purchase Confirmation to the address specified by the Customer in the Purchase Procedure.
The Device is produced by Kolen Electronic (Hong Kong) Co. Ltd and imported in Italy by Danijay P.M.L..
The License consists of a non-exclusive, non-transferable license to the Customer to use the Licensed Contents for personal, private, non-commercial, entertainment use, subject to and in accordance with the terms of this License Agreement and of any applicable law, with particular reference to the applicable copyright protection laws. The Customer may copy once the Licensed Contents for backup purposes only.
The Customer acknowledges that any and all copyright and other intellectual property rights concerning the musical data included in the Licensed Contents are exclusive and reserved property of the Grantor.
The Customer undertakes not to infringe the rights of the Grantor with respect to the Licensed Contents and to comply with all applicable laws in his use of the Licensed Contents. Except as set forth in Section 2 above, the Customer agrees that he shall not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Licensed Contents to any third party. The Customer is not granted with any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Licensed Contents. The Customer acknowledges that the Licensed Contents may also embody reserved intellectual property of third parties.
The Software is provided to the Customer with the Device and for the purpose of the functioning of the Device itself.
The Customer may use the Software for its own private use only and only in connection with the Device. The Customer may not separate any individual component of the Software for use other than in connection with the Device, may not incorporate any portion of it into other programs or compile any portion of it in combination with other programs, may not transfer it for use with another device, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. The Customer may not modify, reverse engineer, decompile or disassemble the Software, whether in whole or in part, or create any derivative works from or of the software.
To the maximum extent permitted by the applicable law, the Software is provided on an "as is" basis, with all faults and without warranty of any kind, and the Grantor hereby disclaims all warranties and conditions, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of enjoyment, and of non-infringement of third party rights, all with regard to the Software. No oral or written information or advice given by the Grantor shall create a warranty.
Grantor does not warrant that a) the functions contained in the Software will meet the requirements of the Customer, b) the operation of the Software will be uninterrupted or error-free, or c) defects in the Software will be corrected.
The Customer acknowledges that it is his sole duty and responsibility to protect his IT systems from viruses, Trojan horses and malicious codes.
The Customer acknowledges that he has no rights on the Software other than those specified in this Section.
The Device is provided to the Customer as a free gift and in no case shall be considered object of the purchase herein.
The Device is guaranteed free from defects caused by faulty materials or workmanship for a period of 6 (six) months under normal use from the date of reception by the Customer (the "Guarantee").
The Guarantee will be valid and fully enforceable provided that:
- the Customer notifies the Grantor by registered letter or by e-mail within 10 (ten) days upon discovery that the Device is defective due to faulty materials or workmanship;
- the Device in question to which the claim refers is returned to the Grantor within 1 (one) month from the date of Delivery suitably packed, carriage prepaid and accompanied with the delivery note and details of the nature of the defect; and
- examination by the Grantor of the Device in question confirms that the alleged defect has not been caused by misuse, neglect method of storage, faulty installation, handling, testing or repair, by alteration or accident or in case of:
- fair wear and tear, willful damage, negligence, misuse, repair of the Device;
- any use of or dealing with the Device in a manner which could not reasonably be expected having regard to its normal purpose;
- any use of or dealing with the Device in conjunction with any other item where such item causes or gives rise to the alleged defect; or
- any use of the Device which is not in accordance with the manufacturer's operating or user instructions or from any failure to service or maintain the Device in accordance with the manufacturer's instructions.
The liability of the Grantor under the Guarantee shall be limited to the replacement or the repair of the Device, upon Grantor's choice.
Subject to any statutory warranties which cannot be excluded, the Customer expressly acknowledges and agrees that the use of the Device is at his sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with him.
To the maximum extent permitted by applicable law, the Device is provided on an "as is" basis, with all faults and without warranty of any kind except for the guarantee granted above and the Grantor hereby disclaims all warranties and conditions, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of enjoyment, and of non-infringement of third party rights, all with regard to the Device.
No oral or written information or advice given by the Guarantor shall create a warranty.
Circumstances may arise where, because of a default on the Grantor's part or other liability, Customer is entitled to recover damages from the Grantor. In each such instance, regardless of the basis on which the Customer may be entitled to claim damages from the Grantor, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), the Grantor is liable for no more than 1) damages for bodily injury (including death) and 2) the amount of any other actual direct damages up to the Price paid to the Grantor for the License.
The License Agreement is subject to the privacy policy published on the Website.
Every communication to the Grantor will be addressed to:
DANIELE ZAFFIRI, VIALE DES GENEYS 41, 16148 GENOVA
Within 10 (ten) working days from the date of reception of the Device, the Customer, under the art. 64 and followings of the D.lgs. no. 206/2005, can freely withdraw from the License Agreement without giving any reason.
The withdrawal must be communicated within the period indicated above by registered letter. Such communication can be made by e-mail, telegram, fax, but in this case such communication will have to be confirmed by registered letter within 48 hours.
The withdrawal is subject to the restitution of all the goods received by the Customer.
Since the object of the purchase herein is the grant of the License on the Licensed Contents and not also the device which is given for free, the right to withdraw from the License Agreement under this clause under the Section 55 Para 2 letter d) of the D.lgs. no. 206/2005 is expressly excluded whenever the packaging has been opened by the Customer.
- Applicable Law and Jurisdiction
The License Agreement is governed by the Italian Law with disregard to the principles about the conflict of laws and, in particular, by the Law no. 206/2005 (Codice del Consumo) and by the provisions contained in the Titolo III, Capo II, Sez. II of such Law, where applicable.
All disputes arising from the License Agreement that cannot be amicably settled will be exclusively brought before the Court of Milan.
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