Last updated: November 2024

Definitions

The definitions, in this contract, have the following meaning:

a. Updates: all changes made by FLASHTECH SRL to the latest distributed version of FLASHTECH HUB are defined as “updates”; these changes are provided only to those who are in compliance with the User License and the UPDATE (MAINTENANCE) and ASSISTANCE Agreement.

b. Error: behavior of FLASHTECH HUB that differs from that specified in the training sessions or its non-compliance with the characteristics indicated in the Order Confirmation.

c. FLASHTECH HUB: the software designed and manufactured by FLASHTECH SRL, object of this contract, is generically defined as FLASHTECH hub.

d. UPDATE (MAINTENANCE) and ASSISTANCE: the service contract that allows you to receive updates from FLASHTECH HUB is defined as update (MAINTENANCE) and assistance. The UPDATE (MAINTENANCE) and ASSISTANCE contract is valid for twelve months from the date of stipulation and is tacitly renewed every year.

The granting of the license to use the FLASHTECH HUB software is subject to the following contractual clauses:

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2. User rights

2.1 The user can install and use one copy of the FLASHTECH HUB application server on a single computer and simultaneously use as many application clients as required by the license.

2.2 You may store or install a copy of FLASHTECH HUB on a storage device such as a network server, to install or create a backup copy only for the purpose of having a backup copy and only to the extent expressly permitted by applicable law. The user can create a test/testing environment to test new features and software updates.

3. Restrictions and obligations of the user

3.1 The user is obliged to purchase and dedicate a license for each application server used. The same FLASHTECH HUB license cannot be shared or used concurrently on different servers.

3.2 You may not disassemble, reverse engineer, decompile or otherwise attempt to discover the source code of the FLASHTECH HUB. The FLASHTECH HUB Application Server is licensed as a single product; individual component parts cannot be separated for use on multiple Servers.

3.3 FLASHTECH HUB is supplied in executable format and is not modifiable, and the possibility ofgolds.

4.4 Notwithstanding the provisions of Articles 1578 et seq. Italian CIVIL CODE, FLASHTECH SRL assumes no responsibility for any direct or indirect damages suffered by the Customer or by third parties that are caused by the use or non-use of FLASHTECH HUB and its updates. The responsibility and burden for the correct installation of FLASHTECH HUB, the correct loading of the initial data, the correct processing of the data and the correct use of FLASHTECH HUB over time is and remains solely with the Customer.

5. License Transfers

5.1 The software is licensed for use by the customer and may not be sublicensed to third parties or otherwise granted in use or on loan.

5.2 It is therefore expressly forbidden for the Customer to assign FLASHTECH HUB or sublicense it to third parties without the express authorisation of FLASHTECH Srl or otherwise allow its use by third parties for consideration. The use by a new Customer is in any case subject to the issuance of a new User License.

6. Changes and Version Updates

6.1 FLASHTECH SRL reserves the right to make any changes to FLASHTECH HUB that it deems necessary at its sole discretion. FLASHTECH SRL, at its sole discretion, may draw up new versions of FLASHTECH HUB and make changes to them to eliminate any errors that were reported to it, whichthat. If the new version of FLASHTECH HUB or its modifications and updates, therefore, are no longer usable with the Operating System owned by the Customer or with the old Operating System Release owned by the Customer, the latter undertakes from now on to update the Operating System at its own expense or to install at its own expense one of the other Operating Systems still supported by FLASHTECH SRL, so as to be able to use the new compilations of FLASHTECH HUB.

7. General provisions

7.1 You are obliged to take all reasonable precautions to prevent and limit damage, in particular by making backup copies of the software and data residing on your computer in accordance with the provisions of this agreement. Any waiver or amendment to this Agreement shall not be effective unless made in writing and signed by FLASHTECH SRL. This contract will be binding on your assignees. It is protected by the law of the Italian State.

7.2 Any direct communication between the parties, relating to this contract, must be sent by registered letter with acknowledgement of receipt or certified email to flashtech@pec.flashtech.it

7.3 For any dispute directly or indirectly relating to this contract, its validity, effectiveness, interpretation, execution, executing, performance, non-performance or