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Terms and Conditions

Conditions of use

TERMS OF USE

This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“User”) and CIMsystem s.r.l (“CIMsystem”).
CIMsystem gives you, through this Site, information, documents, software and products (all together called “Materials”) and several services (“Services”), under the Terms and Conditions described in this document (“Terms of Use”).
By accessing and using this web site or any other web sites (“Site”) owned by CIMsystem, User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.
CIMsystem reserves the right to change this Agreement periodically at its sole discretion. User’s continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.
Moreover, using specific Services or Materials on this Site, you are subject to the guidelines and rules applicable to that Services and Materials. These rules should contain additional Terms and Conditions related to this Terms of Use. All the guidelines and rules referring to the Terms of Use. Breaking one of the Terms of Use, automatically you lose the right to access this Site and all the Materials downloaded must be destroyed.

PRIVACY

CIMsystem collects information about the Users of its web sites. Collection of this information is governed by the CIMsystem Privacy Policy.

USER CONDUCT

Users agree that all the information posted or accessed will be used only for informational purposes. There may be no commercial or other unauthorized use of any interactive features available on this web site. Users may not engage in any conduct or action that is prohibited by law or violates any local laws.

CORPORATE IDENTIFICATION AND TRADEMARKS

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this web site are the property of CIMsystem, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without CIMsystem’s prior written permission. The use of CIMsystem’s Marks on any other web site is prohibited.

PROPRIETARY RIGHTS TO CONTENT

All materials contained on this site are copyrighted by CIMsystem except where explicitly noted otherwise.
User acknowledges and agrees that Materials and Services contained in this Site (“Content”) is protected by copyrights and/or other law regarding intellectual property. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without CIMsystem’s (or their suppliers) prior, written consent.

SOFTWARE DOWNLOADS/USE

Any software that is made available to download (“Software”) from this Site is the proprietary and copyrighted work of CIMsystem and/or its third party suppliers. Use of the Software is governed by the End User License Agreement, which accompanies or is included with the Software (“License Agreement”). An end user’s license to use any Software is conditioned upon CIMsystem’s acceptance of the end user’s purchase order and the end user’s review and agreement to, and compliance with, the License Agreement terms. CIMsystem reserves the right to reject any purchase order or license for any reason in CIMsystem’s sole discretion.
CIMsystem and/or its respective third party suppliers may make improvements and/or changes in the Software at any time without notice. CIMsystem may cease offering the Software for download or discontinue this web site at any time without notice. CIMsystem assumes no obligation with respect to supporting the web site or Software, except as expressly set forth in the License Agreement.

USE OF INFORMATION ON SITE

Except where explicitly noted in other part of Site, you can view, download and print the documents and information available on Site at the following conditions:

  • Documents and information can be used exclusively for personal use as internal information and not commercial.
  • Documents and information cannot be modified or changed in any ways.
  • Documents and information cannot be freely distributed.
  • It is not permitted to delete information regarding copyright or ownership included into documents or information.
  • CIMsystem reserve its right to revoke the authorization to view, download and print documents and information in this Site anytime. Every use have to stop immediately following the written letter sent by CIMsystem.
  • The right you have are a User License and not a ownership transferring.

The mentioned rights to view, download and print the documents and information available on Site cannot be extended to the Site design and layout. The elements included in the Site are protected by the Copyright law and cannot be copied or reproduced integrally or partially.

USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD

Users are responsible of the ownership of their account information (username, password) if applicable. Users are also responsible of any use should be used of their account, both authorized or not by themselves.

LIMITATION OF LIABILITY

User expressly understands and agrees that CIMsystem shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt or otherwise) resulting from any use of, or inability to use, This web site, or resulting from any errors or omissions in the content of this web site, regardless of the basis upon which liability is claimed, even if CIMsystem has been advised of the possibility of such loss or damage.

Some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusions may not apply to you.

DISCLAIMER OF WARRANTIES

While every effort is made to ensure accuracy, CIMsystem makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does CIMsystem make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this site. User understands and agrees that any content downloaded or otherwise obtained through the use of this site is done at user’s own risk and that user will be solely responsible for any damage done to user’s computer system or loss of data that results from the download of such content.
Unless expressly stated otherwise, CIMsystem provides this site content “AS IS” and without warranties of any kind, either express or implied, to the fullest extent allowable by law. This includes the implied warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose. In no event shall CIMsystem or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption or loss of information) arising out of the use or inability to use the site content, even if CIMsystem has been advised of the possibility of such damages.
Without limitation to the previous sentences, CIMsystem does not offer warranties that (i) the offered services and materials fit your needs, (ii) that the services and materials do not interrupt, are properly, secure or errors free, (iii) that the obtained results coming from the use of services and materials are efficient, exact and reliable, (iv) the quality of every product, service or information, bought or obtained through this site, satisfy your needs and (v) that every software bug coming from this site will be correct.
Some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusions may not apply to you. Depending on the duration agreed, every implicit warranty is limited to ninety (90) days.
In no event CIMsystem or its suppliers be liable to you or to any other party for any kind of exceptional event, accident, damage caused directly or indirectly or any damages of any kind, including, without limitation, those resulting from loss of functionality, data or profits, whether or not been advised CIMsystem the possibility of such damages. Even that results is liability recognized that result out of or in connection with the use of this site or any site which refer in or linked.
Some jurisdictions do not allow the exclusion or limitation of responsibility for damages arising from or directly accidentally products, so the above limitation may not apply to you.
Downloading or other acquisition of material from the Site, take place at your discretion and at your own risk. You will also be solely responsible for any damage to your operating system or loss of data that may occur as a result of the acquisition or download of any type of material. No advice or information, whether oral or written, obtained by you could have CIMsystem through this site will create warranty if not expressly set out in the conditions of use.
The site contains links to third party web sites are not under the control of CIMsystem. CIMsystem assumes no liability in relation to other sites to which you may access through this site. When access to a non-CIMsystem site, you do at your own risk and CIMsystem is not responsible for the accuracy or reliability of information, data, opinion, advice or statement in these sites or the quality of products and services offered by those sites. CIMsystem providing these links for comfort, and the inclusion of such link does not imply that CIMsystem agree or accepts responsibility for the content, or the use of the sites that you can do.

INDEMNIFICATION

User agrees, at User’s expense, to indemnify, defend and hold harmless CIMsystem, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this web site or any product or service related thereto.

GOVERNING LAW

This Agreement and the relationship between User and CIMsystem shall be governed by and construed in accordance with the laws of the State of Italy. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be resolved in a Italian court. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

WAIVER/SEVERABILITY

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

RESERVATION OF RIGHTS

Any rights not expressly granted herein are reserved.