TERMS AND CONDITIONS FOR SOFTWARE
Please read this License carefully before using the Software. This License has the value of an agreement between you Licensee and 4DLabs, which gives the user a non-exclusive and non-transferable right to the Software. By installing and/or using the Software, each User undertakes to comply with the terms and conditions of this License.
4DLabs: 4DLabs Srl and/or rightholders.
Licensee (or Client, or Purchaser): A natural or legal person who purchases the Software for personal use or for use by Third Parties (employees, customers, visitors, etc.).
User (or User): individual who uses the Software.
4DLabs grants the Licensee a non-exclusive and non-transferable Use License of the Software, thus remaining the owner of all related rights.
The rights that will not be specifically transferred by this License will remain the exclusive property of 4DLabs.
The Software is licensed to the Licensee and not sold, for private use only.
This License will not grant Licensee any right or title on the Software and should not be understood as a transfer of intellectual property rights on the Software.
The Licensee acknowledges and approves the following regarding the use of the Software: to use the Software, a permanent online internet connection and a user account (access credentials) are always required. Relevant internet connection costs are the responsibility of the Licensee/User.
The Licensee acknowledges that the Software always requires an internet connection and that the Software must be used through the online services provided on 4DLabs infrastructures.
The Licensee acknowledges that the following minimum requirements must be met by the User’s hardware in order to run the Software: quad-core CPU 2 GHz, 8 GB RAM, 2 GB GPU, 64 bit Windows OS, 64 bit Google Chrome or 64 bit Mozilla Firefox browsers.
Maintenance of the License is intended for a period of six months for standard products, unless otherwise specified at the time of purchase. The duration of the License for “demo” products is at the discretion of 4DLabs.
3. OWNERSHIP AND RESERVATION OF RIGHTS
The Licensee acknowledges that all of the rights relating to the Software and its distinctive elements (and in particular: titles, computer codes, themes, characters, stories, settings, concepts, images, photographs, animations, videos, music and texts incorporated in the Software), and all data associated with the Software stored on the 4DLabs online servers, as well as any rights relating to the trademark and copyright, are the exclusive property of 4DLabs and are therefore protected by Italian law, as well as by other laws, treaties and international agreements on intellectual property.
4. RIGHT OF USE
The Licensee and the User are authorized to use Software in accordance with the instructions provided.
The following are expressly prohibited:
- Making copies of the Software.
- Commercial exploitation of the Software.
- Use contrary to morals or laws currently in force.
- Interventions of any kind on the Software as well as the creation of any program inspired by it.
- Network transmission of the Software or by any other electronic means, except through authorized channels.
- Decompiling, reverse engineering or fragmentation of the Software.
The Software can be used only after the User has registered and/or obtained a unique and personal account (login credentials). This Software is distributed exclusively for use by the authorized End User, who has registered the Software and/or obtained a unique and personal account.
The Licensee and the User may not transfer, sell, resell, sublicense or rent, to third parties, the online/physical copy of the Software and the enclosed code.
The User acknowledges that the Software always requires an online connection and that the Software must be used through Internet services provided on 4DLabs infrastructures.
4DLabs reserves the right to unilaterally terminate the provision of internet services associated with the Software.
The Licensee and the User acknowledge the fact that the use of the Software could be denied or limited in the case of non-compliance of the device of use with the minimum requirements defined for the Software itself.
The Licensee and the User acknowledge that the use of the Software may be denied in some countries due to current regulations on the use of the Internet.
The Licensee and the User acknowledge that 4DLabs may collect and use for anonymous statistical purposes some of the user’s data in compliance with the conditions of use and/or the regulations on the protection of privacy.
5. TERMINATION OF LICENCE
This License will become effective upon the first use of the Software by the Licensee/User.
It will be automatically terminated by 4DLabs without prior notice to the Licensee, in the event of the latter failing to comply with the terms and conditions contained in this License.
Due to the peculiarity of the Software, as it uses innovative and constantly evolving technologies, the functionality of the Software and any accessories associated with it (hardware and devices) is guaranteed for one year from the date of delivery.
In the event of a malfunction (failure of the Software to function) due to the 4DLabs infrastructures hosting the instances of the Software, 4DLabs will undertake to restore the service as soon as possible.
7. LIMITATION OF LIABILITIY
The Licensee and the User expressly assume the risks of the use of this Software.
The Software is provided as is, without any other guarantee than that expressly provided for in Article 6 of this License.
The Software requires a permanent online internet connection. In the event of disruption (absence, intermittence, slowness) of the Licensee/User internet connection, the functionality of the Software may be reduced or denied, without any possibility of intervention or responsibility on the part of 4DLabs.
The Software is based on WebGL 2.0 technology, a multi-platform web standard based on HTML5, actively developed and supported by the main browser providers: Apple (Safari), Google (Chrome), Microsoft (Edge) and Mozilla (Firefox). 4DLabs cannot guarantee anything regarding the longevity of WebGL technology.
According to the law, 4DLabs does not guarantee the market value of the Software, with respect to the satisfaction of the Licensee and/or the User or its ability to perform specific functions.
Furthermore 4DLabs does not recognize any guarantee that (1) the Services or the Software meet the needs of the Licensee/User or are constantly available, punctual, safe, free from errors or interruptions; (2) the results obtainable following the use of the Services or the Software are effective, accurate or reliable; (3) the quality of the Services or Software meets the User’s expectations; or that (4) any errors or defects in the Services or the Software will be corrected.
The Licensee takes all the risks associated with lost revenue, loss of data, errors and/or other information resulting from the use of this Software.
8. EXCLUTION OF CONSEQUENTIAL AND RELATED DAMAGES
In no event will 4DLabs be held responsible for any direct, indirect, accidental, special, accessory or other damage that may arise from: (1) use or impossibility of using the Software; (2) inadequate performance or malfunction of the Software; (3) loss of data or information of any kind, including, but not limited to, the loss of saved data associated with the Software on the 4DLabs servers and (4) loss of profit, turnover or image as a result of the possession or use of the Software.
4DLabs declines, in particular, any liability deriving from use of the Software contrary to the precautions of use of the product itself.
In no case 4DLabs can be held responsible for any direct, indirect, accidental, special, accessory or other damage that may derive from absent, deficient or incorrect information regarding training topics that the Software may contain. In particular, these issues that may be dealt with in the Software are considered accepted in full by the Licensee/User upon the first use of the Software.
In no case or circumstance the responsibility of 4DLabs can exceed the cost paid by the user for the software product and/or parts of software product (updates) and/or licenses for use and/or support services (hosting, etc.) during the 3 months immediately preceding a possible request for compensation advanced by the User.
This License to use the Software is intended to be shared by 4DLabs with the Licensee, who has the obligation to share it with the Users (possibly Third Parties) to which the Licensee will grant the Software in use.
9. TECHNICAL ASSISTANCE
4DLabs offers Technical Assistance on Software products and on Hardware command devices (if supplied by 4DLabs).
Within the terms of validity of the license, each Licensee / User has the right to free technical assistance by contacting the email address set up for this purpose.
According to the GDPR regulation (General Data Protection Regulation) 2016/679 (articles 13-14), the treatment will be based on principles of correctness, lawfulness, transparency and protection of your privacy and your rights.
According to article 13 of the GDPR 2016/679, therefore, we provide you with the following information:
- The Licensee‘s personal data (company name, surname, address, telephone number, email address, VAT number, etc.) will be provided at the time of signing this contract for the purchase of our online training services.
- The personal data provided will be processed in relation to:
- – administrative compliance of 4DLabs.
- – treatment related to VAT regulations (VAT tax register, etc.);
- Users‘ personal data (name, surname, company affiliation, email address, etc.) will be provided upon registration to our online training services.
- The personal data provided will be processed in relation to:
- – management of access to 4DLabs online services (training, distance learning, multimedia applications).
- – administrative compliance of 4DLabs.
- – statistics and progress of educational use (completion of teaching modules, answers to questionnaires and tests) or information.
- Taking into account the purposes of the processing as described above, the provision of data is compulsory and their failure, partial or incorrect conferment may have, as a consequence, the impossibility for 4DLabs to fulfill the contractual obligations as provided for in this contract.
- If the person providing the data is under the age of 16, such processing is lawful only if and to the extent that such consent is given or authorized by the holder of parental responsibility.
- The treatment will be carried out both with manual and/or IT and telematic tools with organization and processing logics strictly related to the same purposes and in any case in order to guarantee the security, integrity and confidentiality of the data in compliance with the organizational, physical and logics required by current regulations.
- In the event that the Licensee is to provide user data to 4DLabs, the Licensee will have the obligation to transmit this information to the users themselves and receive from them confirmation of reading and understanding.
- The data of the Licensee and/or the User are NOT communicated from 4DLabs to third parties.
- Personal data is stored for the entire duration of the contractual relationship, in the event of revocation and/or other type of termination of the relationship, in the prescribed terms indicated in art. 19 of Legislative Decree 35/2017.
- The Licensee and Users may, at any time, exercise the rights:
- – to access their own personal data;
- – to obtain the rectification or cancellation of the same or the limitation of the treatment concerning it;
- – to oppose the processing;
- – to obtain data portability;
- – to revoke the consent, where envisaged: the revocation of the consent does not prejudice the lawfulness of the treatment based on the consent given before the revocation;
- – to lodge a complaint with the supervisory authority (Privacy Guarantor).
- The exercise of the rights may take place by sending a request by email to the address email@example.com.
- The Data Controller is 4DLabs Srl with registered office in Strada Comunale Piana n.3 6519 Pescara, Italy. The Data Processor, who can be contacted to exercise the rights pursuant to Art. 12 and/or for any clarifications regarding personal data protection, can be reached at: firstname.lastname@example.org.