End User License Agreement (EULA)

 

(a) This is a legal agreement between You (The End User, either an individual or an entity) and STUDIO ASSOCIATO ENVISYS INGEGNERIA AMBIENTALE DI PAOLO BIDELLO & ASSOCIATI (“ENVISYS”) based as legal seat at Studio d’Aniello Commercialisti e Tributaristi in Corso Vittorio Emanuele 167/3, 80121 Naples (Italy, EU) and as operational seat in Piazza Santa Maria degli Angeli a Pizzofalcone 11, 80132 Naples (Italy, EU); phone: +390810432435; email: marateapp@gmail.com

(b) Read this License Agreement carefully before downloading the accompanied data processing program (the APP). 

(c) By downloading the APP, You are agreeing to be bound by the terms and conditions of this License Agreement. If You do not agree to the terms and conditions of this License Agreement, do not download the APP. If the APP have been downloaded and used You fully agree with this EULA.

(d) You (The End User) and ENVISYS acknowledge and agree expressly that this EULA is concluded exclusively between You and ENVISYS and that Apple inc., and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon the End User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End User as a third party beneficiary thereof.

(e) In case of any rule of this EULA in conflict with the Mac Apple Store or App Store Terms of Service, the rules of the Mac Apple Store Terms of Service does apply to the present EULA. 

 

1. Grant of Limited License.

(a) ENVISYS grants to You the Licensed APP (Software Application or simply Software) limited to a non-exclusive, non-transferable license to be used on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed APP may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

(b) The Software License Agreement is of indefinite duration and it is anyway subject to the right of withdrawal to both parties, which must be notified in writing sending a cancellation, in 15 (fifteen) days after the effective date of download, via e-mail to be sent to marateapp@gmail.com

 

2. Copyright.

(a) The Software is owned by ENVISYS and it is protected by copyright laws and treaty provisions. You should therefore treat the Software like any other copyrighted material. Among other things, copyright laws prohibit You from making derivative works of the Software. You may, however, make copies of the Software solely for your individual and personal use as backup copy, provided that You do not copy the Registration Data (see Section 3(a) below) and further provided that You include all copyright and proprietary rights notices on any copies.

(b) The industrial design rights concerning or connected to the Software and/or its Updates are the exclusive ENVISYS property. The Registered User acknowledges that, as of now, he has nothing to claim from ENVISYS regarding any reason or cause whatsoever.

(c) You (The End User) and ENVISYS acknowledge that, in the event of any third party claim that the Licensed APP or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, ENVISYS, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim, whilst, anyway, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End User as a third party beneficiary (par. 0-d Statement).

 

3. Other Restrictions.

(a) If your copy of the Software did not come with Registration Data, it cannot be used. You can download the licensed Software solely via the App Store. Registration Data is bound to its purchaser and must not be transferred to third parties. A Registration Data set consists of a Registration Name/Organisation which identifies the person/Organisation of the purchaser and hereby the user of the Software in the sense of paragraph (1). 

(b) You may not modify, reverse-engineer, decompile, or disassemble the Software.

(c) You may not claim that the Software is Yours, and You may not use the name MarateApp, MarateApp Logo, ENVISYS or ENVISYS Logo to endorse or promote products derived from the Software without prior written permission.

(d) You may not distribute copies of the Software, in whole or in part, to any third party, nor may You rent, loan, sublicense, or lease the Software to third parties. You further may not use the Software to act as a service bureau or application service provider.

 

4. Warranties and Limitation of Liability.

(a) The software (The APP) is provided “AS IS”, without warranty of any kind. ENVISYS further disclaims any implied warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non infringement. The entire risk arising out of the use or performance of the Software remains with You (The End User). Should the Software prove defective, You (and not ENVISYS) assume the entire cost of all necessary servicing or repair.

(b) The present EULA expressly provide that, in the event of any failure of the Licensed APP to conform to any applicable warranty, the End User may notify Apple, and Apple will refund the purchase price for the Licensed APP to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole ENVISYS responsibility.

(c) In no event shall ENVISYS  or anyone else involved in the creation, production, marketing, distribution, or delivery of the Software, be liable for any damages whatsoever; including, without limitation, damages for loss of business profits, for business interruption, for loss of business information, or for other monetary loss, arising out of the use of the Software or the inability to use the Software, even if You have been notified of the possibility of such damages.

(d) In no event shall ENVISYS  be liable for any special, indirect, or consequential damages, or for any damages whatsoever, whether in a contract action, negligence or other tort action, or other claim or action, arising out of, or in connection with, the use or performance of the Software or documents and other information provided to You by ENVISYS, or in the provision of, or failure to provide, services or information.

(e) Because some country do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to You. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date You downloaded or otherwise received the Software.

(f) The feature set of the Software is defined by the specification contained in it. ENVISYS and the End User agree in the fact that according to present technical state of the art, defects in software products cannot be fully excluded under all possible circumstances of usage. Subject of warranty is an application which is useful in principle according to its performance specification.

(g) ENVISYS is committed to eliminate any bug and/or malfunction of the Software as soon as possible, identified and/or reported by the Registered User, without prejudice to the ENVISYS’s right to modify the Software in its own discretion and decide how and when each intervention shall take place. You (The User) and ENVISYS acknowledge and agree expressly that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

 

5. Injunctive Relief.

(a) Because of the unique nature of the Software, You understand and agree that ENVISYS will suffer irreparable injury in the event You fail to comply with any of the terms of paragraph 3 of this License Agreement and that monetary damages may be inadequate to compensate ENVISYS  for such breach. Accordingly, You agree that ENVISYS will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Agreement.

 

6. Miscellaneous.

(a) If any litigation is brought to enforce this License Agreement, or arises out of this License Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with expenses and costs incurred in such litigation. This Agreement shall be governed by the laws of the EU, Italian Republic, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. This License Agreement is the complete agreement between ENVISYS and You (The End User) and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.

(b) You (The End User) and ENVISYS acknowledge that ENVISYS, not Apple, are responsible for addressing any claims of the End User or any third party relating to the Licensed APP or the End User’s possession and/or use of that Licensed APP, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed APP’s use of the HealthKit, MapKit, ARKit and HomeKit frameworks. This EULA may not limit ENVISYS liability to the End User beyond what is permitted by applicable law.

(c) You (The End User) represent and warrant that: (i) You are NOT located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

(d) You (The End User) comply with applicable third party terms of agreement when using the Licensed APP.

 

7. Protection of Privacy (ITALIAN LEGISLATIVE DECREE N. 196/03 and EU Regulation 2016/679, known as GDPR - General Data Protection Regulation).

(a) The Parties acknowledge that the present agreement is equivalent to have fulfilled verbally, one against the other, their respective information obligations under the Code regarding protection of personal data referred to in Legislative Decree 30 June 2003 n. 196 (“Privacy Code”), so as updated after the entering in force of the EU Regulation 2016/679, known as GDPR (General Data Protection Regulation).

(b) The End User shall appoint ENVISYS “external manager” for the treatment of data that it can and/or will know in the course of the use of the Software and/or its Registered User’s Updates on the Site. ENVISYS will appoint the End User “external manager” for the treatment of the data that he may and/or will know in the course of the use of the Software and/or its Registered User’s Updates on the Web Site.

(c) The features of the processing of personal data carried out by ENVISYS are described in the following link that referring to the processing of personal data of ENVISYS (https://www.marateapp.com/privacy-policy). ENVISYS recommends anyone who wants to create his own account to first take vision and carefully read the information on the processing of personal data (https://www.marateapp.com/privacy-policy).

 

8. Applicable law and jurisdiction.

(a) The Terms of Service and Use and any dispute or claim arising out of or in connection with it or their subject matter or formation (including non-contractual disputes or claims) will be governed by Italian law.

(b) Any dispute or claim arising out of or in connection with the Terms of Service and Use or their formation (including non-contractual disputes or claims) shall be subject to the sole jurisdiction of the Court of Napoli, Italy.

 

9. Special clauses.

(a) Pursuant to and by effect of article 1341 of the Italian “Civil Code”, User expressly accepts and endorses the following articles: End User Licence Agreement (EULA); 1. Grant of Limited License, 2. Copyright; 3. Other Restrictions, 4. Warranties and Limitation of Liability, 5. Injunctive Relief, 6. Miscellaneous, 7. Protection of Privacy; 8. Applicable law and jurisdiction.

 

Last Modified Date: June, 22th 2019