Viareggio is globally recognized as a superb seaside resort on the Tuscany segment of the tyrrhenian sea; it’s not even far from Tuscany art-and-culture capital towns: Florence (90 Km), Lucca (25 Km) and Pisa (25 Km). Its name comes from the via Regia, the road on which the defence fortress of Lucca was built. The climate is favourably mild in both the summer and the winter months. Tourism began to develop in the middle of the nineteenth century with the first seamen’s hostels and the building of elegant hotels. The modern town runs along streets and avenues that pass the old Burlamacca canal, and is laid out between the west and east pinewoods.
The road to Torre del Lago – the romantic Viale dei Tigli – runs through the east pinewood. The long sea front has beaches of soft sand and gardens with palms, oleanders and tamarisks. An ideal place for a walk is the avenue along the seafront, the town’s passeggiata, where there are beach buildings and shops in the art nouveau style.
The only historic building is the Torre Matilde on the Burlamacca canal and it was built by the senate of Lucca in 1544. The Carnival of Viareggio, taking place in February, with its magnificent coloured caravan parade, offers an impressively unique show.
General conditions of Sales, Delivery and Warranty
1. Introduction
The present general conditions of sales and delivery (hereinafter called “conditions”) apply to all supplies of goods and/or services made by CAEN SPA, company located in Via Vetraia n. 11, 55049, Viareggio (LU), VAT no. IT00864500467 (hereinafter called “CAEN”) towards any natural or juridical person, hereinafter called “Customer”, which places a purchase order to CAEN.
These general sales conditions even if not duly signed, after the purchase order
establishment, shall be considered accepted and as integral part of it.
The conditions apply to any CAEN commercial operation, even without any direct or explicit reference to them, are mandatory except for what mentioned in the last subparagraph of this article. In particular, any terms or conditions set by the Customer in contrast with the present document are inefficacious and must be considered as not set. Possible modifications of the conditions are valid only if confirmed by CAEN by written notice.
2. Quotations
CAEN quotations are not binding and are valid for 30 days from the issue date unless indicated otherwise. CAEN reserves the right to improve or update the design or the development of its products during the validity of the quotation. In such case, the offer shall be understood as referring to the improved and/or modified product. The information contained in catalogues, brochures, and price lists is purely indicative and not binding unless expressly stated in these conditions and/or the purchase order. CAEN reserves the right to modify such information at any time and without prior notice.
3. Completion of the contract
All orders must be placed with CAEN in writing, which is an essential condition for the acceptance of the order. The Customer’s submission of the order, according to the methods indicated by CAEN and which may vary depending on the specific business relationship, implies acceptance of these Conditions. As confirmation of order acceptance, CAEN will send a written order confirmation (“Order Confirmation”) to the Customer. If the description of the goods or the delivery time stated in CAEN’s offer differs from that in the Order Confirmation, the latter shall prevail. It is understood that the order confirmation transmitted by CAEN to the Customer shall be considered as the method of contract finalization. In the event of any discrepancies between the order and the Order Confirmation, the contract shall be deemed perfected after 5 days from the receipt of the Order Confirmation by the Customer if the Customer has not expressed their dissent in writing.
Information and consent of personal data processing Interested persons: Customers and company website visitors CAEN SpA – headquartered in via Vetraia, 11 – 55049 Viareggio (LU), Tel. +39 0584 388 398 – privacy@caen.it, for the purpose of the GDPR (Regulation EU 2016/679), is the data controller of your personal data. With this document we inform you that we will process your personal data according to honesty, lawfulness, transparency and privacy principles.
Your personal data will be processed according to the aforementioned regulation and to the privacy
obligations required by the same. The involved websites are:
- www.caen.it and its aliases, (www.caen-de.com, www.caentechnologies.com) (hereinafter
the “SITES(1)”) - www.caen-russia.com (hereinafter the “SITES(2)”)
Website security precautions: For the purpose of the website management we adopted specific security precautions aimed to assure the user with safe access and to protect the information contained in the website from loss or cancellation, even unintentional.
We assign a user name and a password to the companies requiring access to the website reserved area. The passwords are generated with a method ensuring that they do not contain any reference to data easily referred to the user with the aim to avoid any abuse. The user is committed to maintain his own password confidential.
Modifications to this Privacy Policy: CAEN SpA reserves the right to modify its Privacy Policy at any time informing the users directly on this page and assuring, in any case, a similar personal data protection. We therefore suggest you to visit regularly this page and to verify the last modification date indicated at the bottom of the page.
Legal References: this privacy policy is written conforming to the following regulations: (EU) 2016/679, Art. 10 of directive n. 95/46/CE and 2002/58/CE, as updated by 2009/136/CE, regarding Cookies.
Purpose of the data processing: your data will be processed for the purposes described in the following paragraphs. If related to legislative or contractual obligations it will be enough to read this policy, if related to other purposes, the provision of data will be optional for you and your refusal to the data processing does not compromise the continuation of the relationship or the adequacy of the data processing itself.
User’s data are collected to allow us to provide our services to you and for the following purposes: contacting the user, sending email messages, interactions with social networks, statistical purposes and showing contents using external platforms.
The types of personal data used for each purpose are indicated in the specific sections of this document. Personal data collected through this site refer to:
- Navigation and usage data, cookies
- Data provided voluntarily by the user
Collected personal data may refer both to the user and to third parties to whom the user provides the
data.
Collected personal data may refer both to the user and to third parties to whom the user provides the data.
The user assumes the responsibility of the personal data of third parties published or shared through the site and guarantees to have the right to communicate or disseminate them, releasing the data controller from any liability to third parties.
For the purposes of the following data processing, the Data Controller may become aware of sensitive or judicial data as defined by the Privacy Code, when necessary for the purposes specified below, and in particular:
- Email address,
- Telephone number,
- Personal and/or invoicing data
Any other data voluntarily disclosed by the user (e.g by a CV delivery)
Your sensitive data being processed are only those strictly relevant to the obligations, tasks or purposes described above and will be treated in compliance with the instructions contained in the relevant general authorizations of the ICO.
1. Navigation data.
The IT systems and software procedures used to operate this website acquire, during their normal operation, some personal data whose transmission is implicit in the use of the Internet communication protocols. This information is not collected to be associated with identified interested parties, but which by their very nature could, through data processing and in association with data held by third parties, allow users to be identified. This category of data includes IP addresses or domain names of the computers used by users connecting to the site, the addresses in the Uniform Resource Identifier (URI) notation of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters relating to the operating system and the user’s computer environment.
These data are used for the sole purpose of obtaining anonymous statistical information on the use of the site and to check its correct functioning. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the site.
Cookies
Our website uses cookies like almost all the other websites. Cookies are small text files that the sites visited by the user (but also other sites or webservers) send and record on his computer (or mobile device), to be then retransmitted to the same sites (or webservers), the next visit of those, thus sending information.
Cookies are now essential tools as they allow modern sites to work at their best, allowing maximum customization, interaction and fluency in navigation. But they can also be used to monitor user browsing and then send advertising messages associated with this.
Cookies can be:
- Session cookies (if they expire when the browser is closed) or permanent cookies (if they remain until the expiration of a term, that could be even years);
- First-party or third-party cookies (in this second case they are set by a site or a webserver different from the one that the user is visiting at that time);
- Technical cookies (sometimes needed for a complete or better use of the site) or profiling
cookies (aimed to create a user profile then used to send advertising messages associated
with the preferences expressed during previous navigations).
The ICO considers technical cookies the session cookies, the functional cookies and – only under certain conditions – the analytics cookies.
For more information about the cookies types, features and how they work you can consult the websites http://www.allaboutcookies.org, www.youronlinechoices.com and http://cookiepedia.co.uk
On our website there are those cookies indicated and analyzed in the appropriate Cookie Policy page.
2. Data voluntarily provided by the user.
Sending e-mails to the addresses indicated on the site
The optional, explicit and voluntary sending of e-mails to the addresses indicated on this website entails the acquisition of the sender’s address, needed to reply to requests, as well as any other personal data included in the message.
Compilation of the data collection form (for information request)
Websites 1 and 2, on the “Contact” page, allow interested parties to request information by entering some personal data (such as name and surname, company name, e-mail address, country). These data will be processed manually and also through the use of IT tools by the specifically appointed personnel of CAEN SpA, exclusively to respond to the user’s request. The personal data introduced in the Form are divided into two categories: mandatory and optional, as shown in the procedure for requesting information. The provision of mandatory data and the related processing for the purposes indicated above are strictly functional to the execution of the request. The other data collected serve to help CAEN S.p.A. to offer an even better service. We point out that at any time you can exercise, directly addressing the Data Controller, the rights specified in the appropriate section called “RIGHTS OF THE INTERESTED”.
Website and newsletter subscription
Websites 1 and 2, on the “Subscribe to the Newsletter” page, allow interested parties to send the subscription to our newsletter along with any data (such as name and surname, e-mail address, country of origin). These data will be processed by CAEN S.p.A. for purposes related to the activities of sending commercial and event-related communications. The personal data introduced in the Form are divided into two categories: mandatory and optional, as shown in the procedure for requesting information. The data processing will be carried out with IT and telecommunication tools with methods strictly connected to the purposes indicated above. The data will be processed until the revocation of the explicit consent and will subsequently be deleted, unless otherwise indicated by the interested party. The provision of data is optional. The data will not be disseminated and will be processed exclusively for the aforementioned purposes by specifically appointed personnel. The interested party is required, after evaluation of the above, to provide us with confirmation of the acknowledgment of this information and its consent to the data processing (through confirmation by email and the affixing of a flag in the appropriate space below the data collection form). The interested party at any time can exercise, by contacting the Data Controller, the rights recognized by the current legislation regarding the protection of personal data.
Photos and video publication
Websites 1 and 2 allow interested parties to view their photos and videos, collected during tradeshows, events, projects or company visits. These data will be processed by CAEN S.p.A. for purposes related to the presentation of products or projects and to the organization of events. The data processing will be carried out with IT and telecommunication tools with methods strictly connected to the purposes indicated above. The data will be processed until the revocation of the explicit consent and will subsequently be deleted, unless otherwise indicated by the interested party. The provision of data is optional, you can request the removal from this site and from company archives. The data are to be disseminated only on this site and will be processed exclusively for the aforementioned purposes by specifically appointed personnel. The interested party is requested, upon evaluation of the above, to give us its consent to the data processing (through explicit request during the recording of photos and videos, in case of non-public events). The interested party at any time can exercise, by contacting the Data Controller, the rights recognized by the current legislation regarding the protection of personal data.
Data processing method: The data processing is carried out by adopting the appropriate security measures to prevent unauthorized access, disclosure, modification or cancellation of Personal Data.
In particular, the data processing is carried out by means of:
- IT tools, with organizational methods strictly related to the purposes indicated above;
- Entrusting data processing operations to third parties.
Each data processing is carried out in compliance with the procedures described in Chapter II of Regulation (EU) 2016/679.
Communication: your data will be will be stored at our office and will be communicated exclusively to the competent parties for the fulfilment of the services necessary for a proper management of the relationship, ensuring the protection of the interested party rights.
Your data will be processed only by personnel expressly authorized by the Data Controller and, in particular, by the following categories of persons in charge:
- Managers and administrative staff (reading, writing, communication, removal);
- Managers and IT staff (reading, writing, change, removal).
In addition to the Data Controller and the internal staff, in some cases, third parties (such as technical service providers, postal carriers, hosting providers, IT companies, communication agencies) may access to your data. Your data may also be disclosed to other third parties, in particular to:
- Constitutional bodies
- Consultants and freelancers
- Anyone who is a legitimate recipient of communications required by law or regulation.
Some of the above mentioned persons may not be in Italy because of the multinational nature of our company, so your personal data may be transferred abroad, even outside the European Union in countries that do not guarantee an adequate level of personal data protection according to the standards established by Italian and European legislation on personal data protection. Personal Data may be transferred abroad only in relation to professional information and only for purposes that are instrumental to your work at the Company or related to company activity. The Data Controller is responsible for verifying the compliance of the aforementioned persons with national and European legislation regarding the data processing of personal data.
Dissemination: personal data, without prejudice to the absolute prohibition to disclose the data suitable for revealing the state of health, may be disseminated, according to the procedures described above, to:
- No one.
Data retention: Data processing related to the web services of this website take place at the company headquarters and are handled by technical staff in charge of data processing.
Your personal data will be stored, in the manner indicated above, for the minimum time required by the legislative and contractual nature or until the request for cancellation by the interested party. At the time of collection, the data will be stored in specific folders on the company management systems and/or in paper archives. At the time of cancellation it is possible that the data are still stored in anonymous form.
Interested parties rights: The persons to whom the personal data refer have, at any time, the right to obtain confirmation of the existence or not of the same data and to know its content and origin, verify its accuracy or request its integration or updating, or correction.
You also have the right to obtain from the Data Controller the cancellation, communication, updating, correction, integration of personal data concerning and, in general, exercise all the rights provided by Chapter III of the GDPR, Articles 12 to 23, including the right to issue a complaint to the ICO
Further information on data processing:
Defense in court
The User’s Personal Data may be used by the Data Controller to defend the website in court or in the stages leading to its eventual establishment, from abuses in the use of the website or its related services by the User.
Specific information
Specific information could be presented on the pages of the Website in relation to particular services or processing of the data provided by the user or by the interested party.
Maintenance
User’s personal data can be processed with additional methods and purposes related to the website maintenance.
System logs
For needs related to operation and maintenance, this website and any third party services used by it, may collect system logs, which are files that record the interactions – including navigation – and that may also contain personal data, such as the IP address.
Information not contained in this policy
Further information related to the processing of Personal Data can be requested at any time to the Data Controller.
Link to third-party sites
CAEN S.p.A. is not responsible for the processing of personal data that may be carried out by and through websites to which this website refers via links
CAEN, which mainly operates in the research and high technology market with key international partners both from the public and private sector, wishes to strengthen its role, image, resources and skills to establish, with determination and firmness, the reliability and respectability of the company, achieving a worldwide recognition of its historical ethical and fair business practices.
CAEN has therefore adopted a Code of Conduct to develop, implement and promote the company social responsibilities according to the framework outlined by the European Union and by the Italian legislation.
CAEN Code of Conduct is based on a set of values deeply rooted in our business culture, such as integrity, honesty, loyalty, solidarity, transparency and competence, hence valid in the economic, legal and ethical field.
CAEN has therefore decided to adopt a responsible conduct and promote it to those working in, with and for the Company. It has based its conduct on commonly agreed cultural principles and common laws.
CAEN code of conduct is available in English language. Può essere richiesto in italiano scrivendoci dal form di contatto.
EULA – Software License
Copyright © 1998-2012C.A.E.N. S.p.A (“C.A.E.N.”)
Licence Agreement for “CAEN Softw are or Firmware” (collectively, the ” CAEN SwFw”)
The use and distribution of this CAEN Sw Fw (or any work based on the CAEN SwFw) implies the acceptance of the terms and conditions set out below.
CAEN Sw Fw has been copyrighted by C.A.E.N. SpA Via Vetraia, 11 – 55049 – Viareggio (LU) – ITALY w ww.caen.it hereinafter “Licensor”.
The unauthorised reproduction or unauthorised sale of this CAEN SwFw or parts thereof is liable to prosecution. Such conduct can be prosecuted under criminal or civil law and result in severe penalties and/or claims for damages.
The Licensor – hereinafter Licensee – hereby authorises you to use this CAEN SwFw w ithin the contex t of the follow ing licensing conditions:
1. License Uses and Restrictions.
CAEN Sw Fw applications, documentation, and local computer files installed or utilised by the installer application are owned by C.A.E.N., and are licensed to you on a w orldw ide (except as limited below), non-exclusive, non- sublicenseable basis as per terms and conditions set forth herein. This CAEN SwFw Licence defines the legal use of the CAEN Sw Fw, all updates, revisions, substitutions, and any copies of the CAEN Sw Fw made by or for you. All rights not ex pressly granted to y ou are reserved to C.A.E.N. or to their respective owners.
C.A.E.N. grants you a limited non-exclusive licence to use this CAEN SwFw, subject to the follow ing restrictions:
- The origin of this CAEN SwFw must not be misrepresented; you must not claim that y ou w rote the original CAEN SwFw.
- You must not alter the CAEN Sw Fw, user licence or installer in any way.
- This notice may not be removed or altered from any distribution.
- You may not resell or charge for the CAEN SwFw.
- You may not rev erse engineer, decompile, disassemble, derive the source code of or modify [or create derivative work from] the CAEN SwFW
- You must not use CAEN SwFw, or allow others, to engage in any illegal activity.
- You may not claim any sponsorship by, endorsement by, or affiliation with our company
- You acknowledge that C.A.E.N. ow ns the copyright and all associated intellectual property rights relating to the CAEN SwFw except to the ex tent that the CAEN SwFw includes identifiable separate components originating from the CAEN SwFw.
A(i) YOU MAY install and personally use the CAEN SwFw and any updates provided by C.A.E.N. (in its sole discretion) in an object code form on a personal computer or on board on CAEN Products owned or controlled by you and may use the CAEN SwFw for y our ow n non commercial use or benefit. Your licence to the CAEN SwFw under this CAEN Sw Fw Licence continues until it is terminated by either party. You may terminate the CAEN SwFw Licence by discontinuing use of all or any of the CAEN SwFw and by destroy ing all your copies of the applicable CAEN SwFw. This CAEN SwFw Licence terminates automatically if you violate any term of this CAEN SwFw Licence, if C.A.E.N. publicly posts a written notice of termination on C.A.E.N.’s web site, or if C.A.E.N. sends a written notice of termination to you.
A (ii) You may make a copy of CAEN SwFw only if it is necessary for its use.
b. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify the CAEN SwFw or any portion thereof in order to resell, rent, lease, loan, distribute or create derivative works (as defined by the Italian Copy right Act, l.22 April 1941, n.633 and following amendments) or improv ements (as defined by Italian patent law ), without C.A.E.N.’s prior, express, w ritten permission.
(ii) incorporate the CAEN FW (firmware) into any electronic device manufactured by or for y ou ex cept into those you have received from C.A.E.N.
(iii) use the CAEN Sw Fw in any unlawful manner, for any unlawful purpose.
(iv) you may not use the CAEN SwFw to operate nuclear facilities, life support, or other critical application w here human life or property may be at stake. You understand that the CAEN SwFw is not designed for such purposes and that its failure in such cases could lead to death, personal injury , or severe property or environmental damage for w hich C.A.E.N. is not responsible.
(v) use or export the CAEN SwFw in v iolation of applicable Italian laws or regulations or applicable laws and regulations applicable into the countries in which the CAEN Sw Fw is used.
(vi) sell, lease, loan, distribute, transfer, or sub-license the CAEN SwFw or access thereto or derive income from the use or prov ision of the CAEN SwFw, whether for direct commercial or monetary gain or otherw ise, without C.A.E.N.’s prior, express, w ritten permission.
c. As established by the Berna Convention concerning the Protection of Works of Art and Literature ratified in Italy by Law 20 June 1978, n. 399, the provisions of this agreement cannot be mis interpreted in allow ing their application as a jeopardizing ev ent for the right’s ow ner or in conflict w ith the ordinary use of the CAEN SwFw.
2. Copyrights and Transfer of the CAEN SwFw.
1) The Licensee may reproduce the CAEN SwFw, if such reproduction is necessary for the use of the CAEN Sw Fw. Necessary reproductions include the installation of the CAEN Sw Fw from the original system disk or from the downloaded installation archive on the mass memory of the hardware, as well as the loading of the CAEN SwFw into the main memory during CAEN SwFw operation.
2) Moreover, the Licensee may reproduce the CAEN SwFw for backup purposes. How ever, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.
3) Should a rotational backup of a system’s entire data set, including the CAEN SwFw programmes, be essential for a fast reactivation of the sy stem following a complete breakdow n, Licensee may create backup copies in the quantities absolutely required. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.
4) Licensee shall take the necessary steps to prohibit unauthorized access to the CAEN Sw Fw and its documentation by third parties. Affiliated companies of the Licensee are also regarded as being third parties. The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties. The Licensee’s employees shall be expressly informed as to their obligations to observe and abide by all contractual conditions specified herein, as well as all provisions of copyright law.
5) The Licensee is not authorised,
a. with the exception of the reproductions expressly authorised in this agreement, to create other reproductions of the CAEN Sw Fw or the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programme code to a printer;
b. to transfer the CAEN Sw Fw from one computer or modules to another computer or modules or recording device via a network or other data transfer channel, insofar as the receiv ing device is not a computer or other recording device of the Licensee which is referred to in, and understood to be within, the framework of this Agreement;
c. without the written ex press permission of the Licensor, to change, translate, retrodevelop, decompile or disassemble the CAEN SwFw, or to create works derived from the CAEN SwFw or documentation, or to reproduce, translate, change or create works derived from the documentation, insofar as this is not absolutely necessary within the context of contractual use;
d. to remove copy right endorsements, serial numbers or other features which serve to identify the programme, unless the Licensor has provided written authorisation;
e. to transfer the CAEN Sw Fw to third parties or to prov ide access to the CAEN SwFw in any other form. This also applies to reproduction of the CAEN SwFw. Affiliated companies of the Licensee shall also be regarded in principle as third parties; transferring the CAEN Sw Fw within the group of companies for exclusive use at the new site shall be authorised in writing by the Licensor; such authorisation may only be denied for a major reason. In this case, adherence to the use, any other agreements made in this contract and any possible secondary agreements shall be ensured. When such transfer has occurred, the Licensee must fully delete the CAEN SwFw and any backup copies still at the prev ious site of use within the group of companies without delay;
f. to transfer the CAEN SwFw, the documentation or parts thereof to third parties for the purposes of renting or leasing.
3. Ownership and Relationship of Parties.
The CAEN SwFw is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Italy, the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws. C.A.E.N. owns all rights, title, and interest in and to their applicable contributions to the CAEN SwFw. This CAEN SwFw Licence grants you no right, title, or interest in any intellectual property owned or licensed by C.A.E.N., including (but not limited to) the CAEN SwFw and the C.A.E.N. trademarks, and creates no relationship between you and C.A.E.N. other than that of C.A.E.N. to licensee.
You agree that you w ill use the CAEN SwFw, and any data accessed through the
CAEN Sw Fw, for your own personal non-commercial use only. You agree not to
assign, copy, transfer, or transmit CAEN SwFw. Your licence to use the CAEN SwFw
will terminate if y ou violate these restrictions. If y our licence terminates, you agree to cease any and all use of the CAEN SwFw. All rights in any third-party data, any thirdparty CAEN SwFw, and any third- party data servers, including all ownership rights arereserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
4. Support and CAEN SwFw Updates.
C.A.E.N. will from time to time make CAEN SwFw updates available. However, C.A.E.N. accepts no obligation to provide any support to licence holders. C.A.E.N. may elect to prov ide you with customer support and/or CAEN SwFw upgrades, enhancements, or modifications for the CAEN SwFw (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to y ou. C.A.E.N. may change, suspend, or discontinue any aspect of the CAEN Sw Fw at any time, including the av ailability of any CAEN SwFw feature, database, or content. C.A.E.N. may also impose limits on certain features and services or restrict y our access to parts or all of the CAEN SwFw or the C.A.E.N. web site without notice or liability .
5. Fees and Payments.
C.A.E.N. reserves the right to charge fees for future updates to the CAEN SwFw in C.A.E.N.’s sole discretion. If C.A.E.N. decides to charge for the CAEN SwFw , such charges w ill be disclosed to you 28 days before they are applied.
6. Disclaimer of Warranties by C.A.E.N.
The CAEN SwFw is provided ‘as-is’, without any express or implied warranties w hatsoever except for what has been mentioned previously. In no event will the authors, partners or contributors be held liable for any damages, claims or other liabilities direct or indirect, arising from the use of this CAEN SwFw.
Use of the CAEN Sw Fw and any data accessed through the CAEN SwFw is at y our sole risk. They are Provided “as is.”
Any service obtained through the use of the CAEN SwFw is done at y our own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of any such material or service. C.A.E.N., its officers, directors, employees, contractors, agents, affiliates, and assigned as is (collectively, “C.A.E.N. Entities”), and C.A.E.N.’s Licensors do not guarantee that the CAEN SwFw or any data accessed therefrom is appropriate for use.
The C.A.E.N. Entities and C.A.E.N. Licensors expressly disclaim all warranties of any kind, relating to the CAEN Sw Fw and any data accessed therefrom, or the accuracy, timeliness, completeness, or adequacy of the CAEN SwFw and any data accessed therefrom, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.
If the CAEN Sw Fw or any data accessed therefrom proves defective, you (and not the C.A.E.N. Entities, or the C.A.E.N. Licensors) assume the entire cost of all repair or injury of any kind, even if the C.A.E.N. Entities, or C.A.E.N. Licensors have been advised of the possibility of such defect or damages.
7. Limitation / Limit of liability.
The C.A.E.N. Entities and C.A.E.N. Licensors will not be liable to y ou for claims and liabilities of any kind arising out of or in any way related to the use of the CAEN Sw Fw by y ourself or by third parties, to the use or non-use of any brokerage firm or dealer, or to the sale or purchase of any security, whether such claims and liabilities are based on any legal or equitable theory.
The C.A.E.N. Entities and C.A.E.N. Licensors are not liable to y ou for any direct, incidental, special, indirect, or consequential damages arising out of or related to any third-party , any data accessed through the CAEN SwFw , your use or inability to use or access the CAEN SwFw , or any data provided through the CAEN SwFw, whether such damage claims are brought under any theory of law or equity. Damages excluded by this clause include, without limitation, those for loss of business profits, injury to person or property, business interruption, loss of business or personal information.
Information provided through the CAEN SwFw , may be delayed, inaccurate, or contain errors or omissions, and the C.A.E.N. Entities and C.A.E.N. Licensors will have no liability w ith respect thereto. C.A.E.N. may change or discontinue any aspect or feature of the CAEN Sw Fw or the use of all or any features or technology in the CAEN Sw Fw at any time without prior notice to you.
8. Indemnification.
You are solely responsible for compliance with agreements you have executed with third parties. You agree to indemnify and hold the C.A.E.N. Entities harmless from any claim or demand, including reasonable legal fees, made by any third party in connection w ith or arising out of y our use of the CAEN SwFw , your violation of any terms or conditions of this CAEN SwFw Licence, your violation of applicable laws, or y our v iolation of any rights of another person or entity.
9. Term and Termination.
1) The Licensee has the right to use the CAEN SwFw and the documentation indefinitely.
2) The right of both parties to exceptional termination shall remain unaffected, if a major reason for such termination exists. In particular, the Licensor has the right to terminate without notice in the case of substantial violations of contractual obligations on the part of the Licensee.
3) After a termination, the Licensee is liable under contract to fully delete all CAEN
Sw Fw, in particular the original system disk, any backup copies and any pertinent
CAEN Sw Fw files installed on his/her computer. The Licensee shall also return all pertinent documentation. The Licensor has the right to demand a sworn statement from the Licensee regarding such deletion.
10. Controlling Law.
This CAEN SwFw Licence and the relationship between you and C.A.E.N. is gov erned by the laws of Italy . This Agreement shall be construed and governed by Italian Law . The United Nations Convention on the International Sale of Goods does not apply to this CAEN SwFw Licence.
Any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by Arbitration under the provisions of Italian Law (c.p.c. art 816 and follow ing) by one Arbitrator. The Arbitrator shall be nominated from Chairman of the Court of Milan.
The place of Arbitration shall be Milan, Italy and the language shall be English.
11. Precedence.
This CAEN SwFw Licence constitutes the entire understanding between the parties respecting use of the CAEN Sw Fw , superseding all prior agreements between you and C.A.E.N.. In the ev ent of any conflict between the terms and conditions of this CAEN Sw Fw Licence, the terms and conditions of this CAEN SwFw Licence will prev ail.
12. Validity.
These CAEN SwFw Licence are valid from 18 / 06 / 2012 and shall be operating for all
orders that hav e been ex ecuted, during its validity.
