1. Field of action
The use of the Internet pages supplied by Naizil and/or its affiliated companies or directly or indirectly controlled companies (hereinafter called "Naizil"), and the "Naizil Global Web Site", is only allowed according to the terms and conditions of the present licence for use, which can be amended, changed or replaced by other terms and conditions, such as, for example, the purchase of products and services. In case of log–in, or when a log-in is not required, when using the Naizil Web Site the first time it will be necessary to accept the terms and conditions of the present licence for use in the version supplied.
2. Services
2.1 On the Naizil Web Site, Naizil offers information and specific software, as well as – whenever necessary – relevant documentation, for viewing or in download version.
2.2 Naizil reserves the right to entirely or partially interrupt the operations on the Naizil Web Site at any time. Due to the nature of the Internet and IT systems, Naizil declines any liability regarding the availability of the Naizil Web Site over time.
3. Registration, Password
3.1 Some pages of the Naizil Web may be protected by password. For safety reasons and to protect financial operations, only registered Users can access such pages. Naizil reserves the right to deny registration to Users when deemed necessary. In particular, Naizil reserves the right to make some sites, previously accessible to all, subject to registration. Naizil has the right, at any time and without the obligation of explanations, to deny a User the right to access the area protected by password, blocking the relevant User Data (as indicated below), in particular whenever the User:
• uses a false identity with the aim of deceiving third parties;
• breaches the terms and conditions of the present contract or fails to carry out his duty with respect to the User Data; or
• does not use the Naizil Web Site for a long period of time.
3.2 For the purpose of registration, the User must supply accurate information; whenever such information changes over the course of time, the User must inform Naizil (if possible online) without delay. The User must guarantee that the e-mail address supplied to Naizil is active and actual (i.e. that the User can be contacted by such means).
3.3 At the time of registration, the User will be given an access code, inclusive of User ID and a password (“User Data”). At first access, the User must substitute the password received from Naizil with a password known only to him. The User Data allows the User to display or change his own data or, when pertinent, to withdraw his consent to processing his personal data.
3.4 The User must guarantee that his User Data is not accessible to third parties and is reliable for all the transactions and activities carried out on the basis of the same. At the end of every online session, the User will disconnect from the web sites requiring the password. Whenever the User learns that his User Data is used by third parties, he must promptly inform Naizil in writing or, when required, by e–mail.
3.5 On receiving the notice referred to in paragraph 3.4, Naizil must deny access to the areas protected by password with said User Data. Access will only be possible by the User requesting Naizil or following a new registration.
3.6 The User can request cancellation of his registration at any time, provided such cancellation does not breach the correct implementation of the contractual relations. In this case, Naizil will cancel all the User Data as well as the other personal identification data relevant to the User, as soon as such data is no longer necessary.
4. Right to Use the Information, Software products and Documentation
4.1 The use of information, software products and documentation allowed on the Naizil Web Site is subject to the Terms and Conditions of the present Licence for Use, in case of updating of the information, software products or documentation, according to the regulations contained in the applicable licences previously agreed with Naizil. The regulations of licences agreed on separately shall prevail over the Terms and Conditions of the present contract.
4.2 Naizil grants the User the non-exclusive and non-transferable right to use the information, software products and documentation made available on the Naizil Web Site according to the agreed terms, or, whenever such an agreement was not stipulated, according to the purposes agreed on by Naizil in making such means available.
4.3 The software is made available without expenses in object code. The user does not have any right to request the availability of the source code. This regulation does not apply to the source code related to “open source software”, whose licence conditions have priority over the Terms and Conditions of the present contract, in case of transfer of the “open source software”, whose conditions require making available the source code. In this case, Naizil will make the source code available in exchange for the costs incurred.
4.4 Information, software products and documentation must under no circumstances be distributed to third parties, or leased or made accessible in any way. In fact, their reproduction, translation or modification is allowed by parties other than Naizil exclusively for the following purposes:
• use of the programme in conformity with the instructions of Naizil;
• the so-called backup copy;
• the so-called "reverse engineering", but limited to the purpose of obtaining information indispensable to ensure that a programme, created independently, inter-operates with the programme of Naizil
4.5 Information, software products and documentation are protect by copyright laws as well as by other laws and conventions relevant to intellectual property. In accordance with art.1.1 of decree law no. 72 dated 22 March 2004, amended by law no. 128 dated 21 May 2004, the works present on this site have met the obligations arising from the regulations of copyright and related rights. The User must observe such laws; in particular, under no circumstances must he remove alphanumeric codes, trademarks or "copyright notice" from the information, software or the documentation in his possession. The penalties provided for by art. 171, 171-bis, 171-ter, 174-bis and 174-ter of Law n.633 dated 22 April 1941 shall apply in case of any breaches.
5. Intellectual Property
5.1 Apart from the specific provisions contained in § 4 of the terms and conditions of the present contract, information, trademarks and other contents of the Naizil Web Site cannot be modified, copied, reproduced, sold, leased, used, integrated or otherwise used without the prior written permission of Naizil.
5.2 With the exception of the rights of use and possible other rights expressly guaranteed in the present document, the User will not be granted further rights, nor does the duty to grant them exist, such as, by way of example, business names, or intellectual property rights such as patents, trademarks or utility models.
6. The User’s obligations
6.1 When using the Naizil Web Site the User must refrain from:
• injuring other people, in particular minors, or infringing their personal rights;
• offending the public ethics in the methods of use;
• infringing intellectual property rights or other property rights;
• loading contents containing viruses, so-called trojans, or any other programme that can damage the data;
• transmit, memorise or upload hyperlinks or contents for which the User is not authorised, in particular whenever such hyperlinks or contents breach the confidentiality obligations or are illegal; or distribute advertising or non-requested e-mails (so-called “spamming”) or inexact notices of viruses, defects or similar material, or urge or request the participation in lotteries, letter chains or similar actions.
6.2 Naizil can refuse access to the Naizil Web Site at any time, in particular if the User breaches any of the obligations pursuant to this contract.
7. Hyperlinks
On the Naizil web pages it is possible to find Hyperlinks to other web sites, proposed to provide its users with a better service.
Naizil is in no way responsible for the contents of the web sites possibly accessed by users via its own site.
The existence of a Hyperlink to another site does not imply the approval or acceptance of responsibility by Naizil regarding the contents of the new site accessed, even in relation to the policy adopted for the processing of personal data, as well as its use.
The use of such web pages is therefore the sole responsibility of the User.
8. Responsibility for faults in title or quality
8.1 The information present on the Naizil web site is exclusively of a general information nature and may be faulty, incomplete or inexact, depending on the circumstances.
Naizil also reserves the right to change the contents of the site at any time without notice.
Naizil declines any liability for the possibilities described above or for the direct or indirect damaging consequences arising from the use of or impossibility to use the information present on the site.
9. Other responsibilities, Viruses
9.1 Naizil’s responsibility for defects relevant to quality and title shall be determined according to § 8 of the present contract. Any and further responsibilities are excluded, except for those arising from fraud or serious fault.
9.2 Although doing everything in its power to keep the Naizil Web Site free of viruses, Naizil cannot guarantee that it is immune. For his protection, the User must do what is necessary to guarantee appropriate security measures and use an antivirus programme before downloading information, software products or documentation. The User must do everything reasonably possible to activate adequate security measures, as well as use an antivirus programme to make sure not to load viruses on the Naizil Web Site.
9.3 §§ 9.1 and 9.2 do not imply any change in the burden of proof required of the User.
10. Export checks
10.1 Due to its nature or for the foreseen purposes or uses, the export of certain information, software products and documentation may be subject to authorisation. The User must respect the rules of export relevant to information, software and documentation, in particular those of the European Union, as well as those of European Union member countries and the United States.
10.2 In particular, the User must control and verify the following:
• that information, software products and documentation are not used for purposes related to armaments, nuclear energy, arms of various types or other military use;
• that no individual person or corporate body specified in the Denied Persons List (DPL) complied by the United States receives goods, software or technology coming from the United States;
• that no individual person or corporate body whose name appears in the Warning List, Entity List or Specially Designated National List of the United States, receives goods coming from the United States without authorisation;
that the notices put out by the competent German authorities are respected.
Access to software products, documentation and information on the Naizil Web Site can only occur in conformity with the above-mentioned terms and guarantees. Whenever the User fails to carry out that indicated above, Naizil shall have no obligation to execute the contract.
10.3 On request, Naizil must supply the User with the list of the most important contact points for finding further information.
11. Protection of Personal Data
Regarding the collection, use and processing of the personal identification data of Naizil Web Site Users, Naizil is required to respect the applicable laws in force on the protection of personal data, as well as the Regulations on the Protection of Data on the Naizil Web Site available as a hyperlink on the Naizil Web Site and/or at www.Naizil.com.
12. Supplementary Agreements, Applicable Regulations, Competent Law Court
12.1 Any other supplementary agreement must be drawn up in writing.
12.2 The present conditions are governed by Italian Law. The competent law court for any disputes is that of Padua.
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