END USER LICENSE AGREEMENT FOR BETWYLL 1.0 SOFTWARE APPLICATION
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE CLICKING THE “I AGREE” BUTTON BELOW, DOWNLOADING OR USING THE SOFTWARE APPLICATION BETWYLL 1.0.
BY CLICKING THE “I AGREE” BUTTON, DOWNLOADING, INSTALLING, ACCESSING OR USING THE SOFTWARE APPLICATION BETWYLL 1.0 YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT AND YOU WILL BE LEGALLY BOUND TO THEM.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT, DO NOT CLICK ON THE “I AGREE” BUTTON BELOW AND DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE APPLICATION BETWYLL 1.0.
- Associazione Culturale TwLetteratura (the “Licensor” or “TwLetteratura”) is the exclusive owner of the software application named Betwyll 1.0 (the “Application” or “Betwyll 1.0”) and of the registered trademark “Betwyll 1.0”2.
- Betwyll 1.0 is a web-application of social reading purpose, which creates a virtual space and platform where each user, by accessing with its own account, is entitled to make comments, restate and rephrase books and reading material published and shared therein.
Scope of the LICENSE
Subject to the terms of this End User License Agreement (the “Agreement”), the Licensor grants to You a limited, non-exclusive, non-transferable license to use the Application in accordance with this Agreement. This License does not transfer to You the title of the Application; the Application is licensed to You and not sold. The Licensor reserves all the rights not expressly granted to You pursuant to this Agreement.
Use of the Application
Compliance with laws
You shall use the Application exclusively for the purpose of accessing, using and interacting in the virtual space made available to You on your Device (as defined below) and better described in premises (B) above and in compliance with the relevant rules and procedures and with all applicable laws and regulations. You shall not use it for any unlawful, prohibited, improper or fraudulent purpose or in breach of the terms and conditions of this Agreement.
This Application is designed to operate on any device you own or control which runs [any] mobile operating system (the “Devices”). The copy of Betwyll 1.0, hereby licensed to You in accordance with the terms and conditions of this Agreement, may be used by You on one or more than one Devices, as long as they belong to You or are controlled exclusively by You. Other operators may not use any copy of Betwyll 1.0 licensed to You pursuant to this Agreement.
Once You have successfully downloaded and installed this Application, You shall be exclusively responsible of creating your own account, protecting it from third parties’ hacking and illegal access and providing your true and accurate personal data which are required during the registration phase. In accordance with the applicable data protection laws, your personal data shall be treated for the purpose of this Application only and in accordance with what is expressly set forth in the privacy annex below (the “Privacy Annex”).
Application’s Updates and Upgrades
You acknowledge and agree that TwLetteratura may release, from time to time and without notice, new versions, updated or upgraded, of the Application. You agree to update spontaneously the copy of the Application available on your Device and accept that the terms and conditions of this Agreement shall apply, mutatis mutandis, to any new upcoming released version of the Application.
No charges, costs or expenses shall be required to You for downloading or using the Application. You acknowledge that a mobile internet connection shall be necessary for using the Application and that it may require additional personal costs. The Licensor shall not be in any event liable for any additional costs of such nature.
Restriction of Use
You may not rent, lease, sell, redistribute or sublicense, copy (exception made for copies for archive or backup purposes only), share, network, distribute, assign, transfer to third parties the Application or any rights on it, or otherwise commercially exploit the Application, in whole or in part [without the prior written consent of the Licensor. To the maximum permitted by law,3 You may not decompile, reverse engineer, disassemble, decompile and/or attempt to derive the source code of, modify or create derivative works of the Application, other works that are based upon or derived from the Application in whole or in part or any updated version of the Application.
Prohibited Materials and Third Party Materials
Without limiting the foregoing, display, publish, comment and/or restate any material that is or could be considered to be pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age (the “Prohibited Materials”) is strictly prohibited. The Licensor does not have any liability towards You or third parties for content that may be found to be qualified as Prohibited Materials or may be in any way whatsoever detrimental for You.
Third Party Materials
You understand that by using Betwyll 1.0 You may enable access to data, services, information, web sites or materials from third party, which may be qualified as Prohibited Materials. The Licensor shall not be responsible towards You for any third party’s material that may be qualified as Prohibited Materials or may be in any way whatsoever detrimental for You.
This Agreement shall be effective until termination by You or the Licensor, in accordance with article 9 below.
Modifications to Application
TwLetteratura reserves the right to modify, update, upgrade, suspend or discontinue, temporary or permanently, at any time, the Application or any service connected with the Application [and to make it compatible with other devices, other than the Devices, without notice and without any liability to You.
Monitoring and Inspection
The Licensor shall have the right to monitor and inspect, in any moment whatsoever, any data, file, document and/or material directly posted by You (and other users) or dispatched by You (or other users) by making reference to third parties’ sources. The Licensor shall not be responsible4 for examining and evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, quality or any aspect of any material displayed on the Application.
Removing of Prohibited Materials; Disabling Your Access
The Licensor shall have the right to remove and suppress, at its sole discretion, any Prohibited Material posted on Your Account (even by accessing to third party’s materials) and subsequently to disable access to Your Account at any time and without prior notice.
You acknowledge that the Application and all ideas, methods, algorithms, formulae, process and concepts used in developing or incorporated into the Application, all future updates and upgrades, all the improvements, revisions, corrections, modifications of the Application, all derivative works based upon any of the foregoing and all copies of the foregoing contain trade secret and proprietary property of the Licensor. You will not use such proprietary content, information or material in any way whatsoever except for the permitted use of the Application under the terms and conditions of this Agreement. TwLetteratura’s name and graphics files dispatching the logo “Betwyll 1.0” shall in no event be used by You (or any of your affiliates) to promote products developed with TwLetteratura’s trade name. TwLetteratura retains the sole and exclusive ownership of all rights, title and interest on the Application and all intellectual property rights relating thereto.
Limitation of Responsibility
Exclusion of responsibility
To the extent not prohibited by law, in no event shall TwLetteratura, its employees, agents or distributors controlled or affiliated companies be liable for any consequential, incidental, direct or indirect damages whatsoever (including, without limitation, damages for loss of profits, loss of use, loss of information or data or any other pecuniary loss) or costs in connection with, arising out of or related to the use or the inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise).
You will indemnify and hold harmless the Licensor, its employees, agents, distributors, controlled or affiliated companies from and against any claims, proceedings, demands and costs resulting from or in any way connected with Your: (i) use of the Application; (ii) breach of any third parties’ rights, including but not limited to data protection rights and intellectual property rights; or (iii) breach of any applicable laws and/or regulations.
Limits of the responsibility
In no event shall the Licensor’s aggregate liability towards You for all damages exceed the customers’ reimbursement of the purchase price of the Application (maximum being the lesser of the amount paid by You and the suggested retail price as listed by the Licensor) in exchange of the license of the Application.
To the maximum extent permitted by applicable laws, the Application and any service performed by or provided with the Application are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranties of any kind. Except as expressly stated in this Agreement and to the maximum extent permitted by law, the Licensor makes no representation or warranty to You in respect of the Application and its use. The Licensor hereby disclaims all other warranties, expressed or implied, oral or written, in respect of the Application, including but not limited to the satisfactory quality, performance, fitness for a particular purpose, accuracy, quite enjoyment and non-infringement of third party’s rights. The Licensor does not warrant against interference with your enjoyment of the Application, that the function contained in, or services performed or provided by, the Application will meet your requirements, that the operation of the Application will be uninterrupted or error free, or that the defects in the Application will be corrected. No information or advice given by the Licensor shall create a warranty.
Termination by You
You may terminate the Agreement at any time by uninstalling the Application from Your Device.
Termination by the Licensor
The Licensor may terminate this Agreement:
- at any moment, at its sole discretion, by permanently suspending the Application or any service connected with the Application in accordance with paragraph 5.1 of this Agreement;
- by removing and suppressing any Prohibited Material and disabling access to Your Account pursuant to article 5.3 above; and
- if you fail to comply with the terms and conditions under paragraphs 2.1, 2.3 and 2.6, articles 3 and 6 of this Agreement and You fail to cure such breach within 30 days of receiving notice of such breach.
Effects of termination
Upon termination of this Agreement, You shall cease all use of the Application and destroy all copy of it.
If any provision of this Agreement shall be considered, in whole or in part, unlawful, void or otherwise unenforceable under present or future law, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each of such illegal, invalid, or unenforceable provision there shall be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be valid and enforceable.
The Licensor may assign to third parties this Agreement, any of its rights, interests or obligations, at any time and without Your prior consent.
Any notice, request, demand and determination for the Licensor under this Agreement shall be made in writing and sent: (i) if by registered letter, return receipt requested, to Associazione Culturale TwLetteratura, Alzaia del Naviglio Grande, 46, 20144 Milano; or (iI) if by registered email, to firstname.lastname@example.org, to the attention of the legal representative.
Governing Law and jurisdiction
Excluding any conflicts of law rules, this Agreement shall be governed by, construed and interpreted in accordance with the law of Italy.
Any dispute between You and the Licensor which relates to this Agreement or arises in connection herewith which cannot be amicably resolved shall be submitted to the Court of Milan.[/vc_column_text][/vc_column][/vc_row]