FlashTech Hub License Terms and Conditions
Last updated: November 2024
Definitions
The definitions in this agreement have the following meaning:
a. Updates: “updates” are defined as all modifications made by FLASHTECH SRL to the latest distributed version of FLASHTECH HUB; such modifications are provided only to those who are in compliance with the License Agreement and the UPDATE (MAINTENANCE) AND SUPPORT Agreement.
b. Error: behavior of FLASHTECH HUB that differs from what is specified in the training sessions or its non-conformity to the characteristics indicated in the Order Confirmation.
c. FLASHTECH HUB: FLASHTECH HUB is generically defined as the software designed and developed by FLASHTECH SRL, subject of this agreement.
d. UPDATE (MAINTENANCE) AND SUPPORT: UPDATE (MAINTENANCE) AND SUPPORT is defined as the support agreement that allows receiving updates to FLASHTECH HUB. The UPDATE (MAINTENANCE) AND SUPPORT agreement is valid for twelve months from the date of execution and is tacitly renewed every year.
The granting of the license to use the FLASHTECH HUB software is subject to the following contractual clauses:
1. License and Intellectual Property Rights
1.1 The FLASHTECH HUB software designed and produced by FLASHTECH SRL is not for sale: this agreement grants the Customer only the License to Use the FLASHTECH HUB program, starting from the date of acceptance of this agreement. It is protected by Copyright laws and Author’s Rights laws.
1.2 Software produced during “customization” is also provided under a “license to use” as it normally contains solutions and components that are part of FLASHTECH SRL’s assets.
1.3 The Customer expressly acknowledges that all intellectual property rights, protectable under copyright laws or other provisions, including but not limited to know-how, source code, software, trademarks, application designs, patents, trade secrets, commercial secrets, formulas, algorithms, models, databases and similar, and other materials originating from FLASHTECH SRL are and remain the property of FLASHTECH SRL.
1.4 The Customer undertakes not to remove, modify, cover, or otherwise make invisible or unintelligible any notice relating to copyrights, trademarks, patents, or other rights that FLASHTECH SRL has placed on FLASHTECH HUB or any part thereof.
1.5 The Customer, including its directors, partners, collaborators, professionals, technicians and employees, undertakes to keep the content of the FLASHTECH HUB program confidential and to protect the property rights of FLASHTECH SRL. In particular, the Customer undertakes not to make oral or written translations, in any form or language, of the user manuals or their excerpts, not to disclose and not to disseminate to third parties, either directly or indirectly, either in whole or in part, any and all information relating to FLASHTECH SRL and FLASHTECH HUB acquired during and as a result of this relationship, whether commercial, technical, administrative, managerial or technological; in particular, the Customer undertakes not to transfer, lend, exhibit, or describe FLASHTECH HUB and/or any material, medium or information related to it, to third parties who are in actual or potential competition with FLASHTECH SRL.
1.6 This License issued by FLASHTECH SRL refers exclusively to the right to use the FLASHTECH HUB Program in the version existing at the time of acceptance of this License Agreement.
1.7 The release of a new version of the FLASHTECH HUB program renders the previous version obsolete. FLASHTECH SRL reserves the right to terminate support for obsolete versions, giving Customers at least six months’ notice before the effective date of such termination.
2. User Rights
2.1 The user may install and use one copy of the FLASHTECH HUB application server on a single computer and simultaneously use as many application clients as provided in the license.
2.2 The user 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 security copy and only to the extent expressly permitted by applicable law. The user may create a test environment to test new features and software updates.
3. User Restrictions and Obligations
3.1 The user is required 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 The user may not disassemble, decode, decompile or otherwise attempt to discover the source code of FLASHTECH HUB. The FLASHTECH HUB application server is licensed as a single product; individual component parts may not be separated for use on multiple Servers.
3.3 FLASHTECH HUB is provided in executable format and is not modifiable, and the possibility of obtaining the source code or listings is absolutely excluded. The listings of the FLASHTECH HUB program, deposited with FLASHTECH SRL, are available exclusively for any investigations by the Authorities. FLASHTECH HUB is provided as is and can be viewed, in all its functions, upon Customer request exclusively through demonstration. The Customer, upon conclusion of this agreement, accepts the FLASHTECH HUB program as is after having carefully viewed and evaluated it, deeming it fully responsive to their needs and therefore assuming all responsibility for their choice.
3.4 The Customer shall not in any way remove or tamper with protection devices, which could cause damage to FLASHTECH HUB or data. The FLASHTECH HUB program may not be modified, either partially or totally, and the Copyright notice may not be removed.
3.5 FLASHTECH HUB is licensed as is and the operation of the features listed in the order confirmation is guaranteed only if it is installed and configured by FLASHTECH SRL personnel or authorized reseller. In particular, no warranty is provided that the functions contained in FLASHTECH HUB and described in the specifications will meet the Customer’s requirements, or will work in all hardware, software and management/business combinations unless expressly approved and tested by FLASHTECH SRL or authorized reseller. The Customer, before the conclusion of this agreement, has fully verified, under their personal responsibility, that FLASHTECH HUB corresponds to their needs and correctly performs the functions they require.
4. Exclusion of Liability for Indirect Damages
4.1 In no event shall FLASHTECH SRL be liable for special, incidental or indirect damages (including without limitation, damages for loss of profit or earnings, business interruption, loss of information or other economic losses) arising from the use and inability to use FLASHTECH HUB, even if FLASHTECH SRL has been advised of the possibility of such damages. The Customer undertakes to hold FLASHTECH SRL harmless with respect to any claim, action or damage or anything else, of any other warranty.
4.2 The Customer must constantly monitor FLASHTECH HUB and verify the results of processing performed through FLASHTECH HUB itself, for the use of which they are exclusively responsible.
4.3 The Customer undertakes to report to FLASHTECH SRL or the Reseller, within ten days of their detection, any errors in the FLASHTECH HUB program. FLASHTECH SRL or the Reseller, upon notice to FLASHTECH SRL, will, if possible, remove the errors as soon as possible, consistent with the nature of the errors.
4.4 In derogation of the provisions of Articles 1578 et seq. of the Italian Civil Code, FLASHTECH SRL assumes no liability for any direct or indirect damages suffered by the Customer or 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 initial data, the correct processing of data and the correct use of FLASHTECH HUB over time is and remains exclusively with the Customer.
5. License Transfers
5.1 The software is licensed for use to the customer and may not be sublicensed to third parties or otherwise granted for use or loan.
5.2 The Customer is therefore expressly prohibited from transferring FLASHTECH HUB or sublicensing it to third parties without the express authorization of FLASHTECH SRL or otherwise allowing its use by third parties for consideration. Use by a new Customer is in any case subject to the issuance of a new License.
6. Modifications and Version Updates
6.1 FLASHTECH SRL reserves the right to make any modifications to FLASHTECH HUB that it deems necessary at its sole discretion. FLASHTECH SRL, at its sole discretion, may prepare new versions of FLASHTECH HUB and make modifications to eliminate any errors reported to it, which are compatible with the structure of FLASHTECH HUB or to implement new functions. Updates for improvements and any errors found are made only on the latest version of the Program, and are absolutely excluded for previous versions.
6.2 The Customer undertakes not to modify FLASHTECH HUB and not to incorporate it in whole or in part into other programs.
6.3 The FLASHTECH HUB program and its updates will be delivered (made available) by FLASHTECH SRL or the Reseller to the Customer, unless otherwise indicated, at the domicile of FLASHTECH SRL or the Reseller, on appropriate magnetic and/or optical media, accompanied by software protection devices chosen and possibly modified at the sole discretion of FLASHTECH SRL or the Reseller.
6.4 The UPDATE (MAINTENANCE) AND SUPPORT agreement, separately regulated, allows receiving Program updates during the validity period of the UPDATE (MAINTENANCE) AND SUPPORT agreement itself, under the conditions specified below. The UPDATE (MAINTENANCE) AND SUPPORT agreement, with a duration of twelve months, is tacitly renewed every year.
6.5 The UPDATE (MAINTENANCE) AND SUPPORT agreement is mandatory from the conclusion of this License Agreement. The Customer subscribes to the UPDATE (MAINTENANCE) AND SUPPORT agreement simultaneously with this agreement.
6.6 Versions of FLASHTECH HUB subsequent to the one existing at the time of acceptance of this agreement may be obtained and used by the Customer only if they are current with payments for this License and UPDATE (MAINTENANCE) AND SUPPORT agreements continuously and annually from the day of acceptance of this agreement until the day the update is released. Updates cannot be provided to Customers who do not have the latest updated version of FLASHTECH HUB and are therefore not current with UPDATE (MAINTENANCE) AND SUPPORT agreement payments.
6.7 In any case of termination of the UPDATE (MAINTENANCE) AND SUPPORT agreement, FLASHTECH HUB may be used only in the version existing on the day prior to the termination of the UPDATE (MAINTENANCE) AND SUPPORT agreement itself.
6.8 FLASHTECH SRL reserves the right not to make modifications, updates, or implementations for FLASHTECH HUB to be used on Operating Systems that FLASHTECH SRL itself, at its sole discretion, deems outdated or obsolete. Furthermore, when a new Release of the Operating System becomes available on the market, FLASHTECH SRL reserves the right to compile FLASHTECH HUB for such updated Release, in order to exploit its technical capabilities. Should the new version of FLASHTECH HUB or its modifications and updates, therefore, no longer be usable with the Operating System owned by the Customer or with the old Operating System Release owned by the Customer, the Customer undertakes from now on to update the Operating System at their own expense or to install at their 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 The user is required to take all reasonable precautions to prevent and limit damages, in particular by making backup copies of the software and data residing on their computer in accordance with the provisions of this agreement. Any waiver or modification to this Agreement will not be effective unless made in writing and signed by FLASHTECH SRL. This agreement will be binding on your successors. It is governed by the law of the Italian State.
7.2 Any direct communication between the parties relating to this agreement must be sent by registered letter with return receipt or PEC to the address flashtech@pec.flashtech.it
7.3 For any dispute directly or indirectly related to this agreement, its validity, effectiveness, interpretation, execution, performance, non-performance or termination, the parties acknowledge from now on as exclusively competent the Court of Bari (BA), regardless of the place where the agreement is signed.
8. Warranty
8.1 FLASHTECH HUB is warranted for a period of 365 days from the date of purchase. Any other implied warranty on software and hardware is limited to 365 days.
8.2 The products subject to this license are provided as is. FLASHTECH SRL assumes no obligation and provides no warranty beyond those expressly described herein; in particular, FLASHTECH SRL assumes no liability for damages of any kind that may arise from the use of FLASHTECH HUB or the inability to use them in whole or in part, or for malfunctions or defects relating to or caused by the IT environments or Operating Systems on which its Products operate.
8.3 The warranty is extended for the validity period of the UPDATE (MAINTENANCE) AND SUPPORT agreement.
9. Privacy Protection
9.1 Pursuant to Legislative Decree of August 10, 2018, No. 101, which adapts the Code regarding the protection of personal data (Legislative Decree of June 30, 2003, No. 196) to the provisions of Regulation (EU) 2016/679, the Customer is informed that their personal data, which are or will be provided by them to the Reseller or to FLASHTECH SRL, may be subject to processing for management and promotional purposes through operations of collection, recording, organization, storage, processing, modification, selection, extraction, comparison, use, interconnection of data carried out with or without the aid of IT or otherwise automated means, exclusively internal to the Reseller or to FLASHTECH SRL and exclusively connected to the execution of this agreement, to which the Customer hereby consents.
FLASHTECH S.R.L.
Via Meucci 25 – 70125 BARI (BA) – ITALY
Tel: +39 080 2147534 | Email: info@flashtech.it | PEC: flashtech@pec.flashtech.it
Tax Code/VAT No. 08019880726
