End User License Agreement (EULA)
These license terms represent an agreement between ATVIEW Srl (also referred to as “ATVIEW”) and the licensee. The licensee must read and carefully examine them. These terms and conditions apply to ATVIEW Srl software, including any storage media through which it has been received. These terms also apply to:
- Updates
- Extras
- Technical support services
These are supplied by ATVIEW regarding the software unless they are accompanied by specific conditions. In this case, those specific conditions shall prevail over the terms of this contract.
By installing, causing the installation of, or using the software, the licensee accepts these terms. If the licensee does not accept the terms, they may not install, cause others to install, or use the software.
If the licensee complies with these license terms, they will receive the rights described below for each software license purchased or subscribed.
1. DEFINITIONS
- ATVIEW Solutions: Software solutions developed by ATVIEW Srl or its subsidiaries and resold to the licensee, but not specifically developed upon request.
- Licensee: The natural or legal person who has accepted these license conditions and their subsidiaries.
- Subsidiary: A legal entity that is owned by or under common ownership with one of the parties.
- Ownership: Ownership of more than 50% of a legal entity.
- Privacy Code: Refers to the Legislative Decree n. 196/2003 on personal data protection, as amended by Legislative Decree n. 101/2018, to comply with the European regulation on privacy (EU Reg. No. 679/2016, GDPR).
2. LICENSE MODEL
The software is licensed to the licensee under one of the following models:
- By Subscription: A non-exclusive, non-transferable, and time-limited (typically 12 months) concession of usage rights.
- Perpetual License: Granted upon full payment, giving perpetual usage rights.
3. LICENSE
3.1 Ownership
The software and related documentation are owned by ATVIEW Srl. The software is not sold but is licensed on a subscription or perpetual basis.
Any release, revision, improvement, customization, or technological upgrade of the software is governed by this agreement.
This agreement grants the licensee specific rights, while ATVIEW Srl reserves all other rights to the maximum extent permitted by applicable law. The licensee may only use the software as described in this agreement.
If the ATVIEW software solution is provided via subscription, ATVIEW may suspend usage if the licensee violates usage criteria or fails to respond to a claim concerning an alleged violation. When reasonable, ATVIEW will notify the licensee of its intention to suspend the subscription.
3.2 Licensee Rights
The licensee is entitled to:
- Install the software solution on a single location, server, website, or other storage tool.
- Make the software available to users within the limits and quantities defined by ATVIEW or its reselling partner.
- Create a backup of the software solution.
- Create temporary passive fail-over instances of the system database.
- Perpetual License: Upon purchase of the maintenance fee, receive software updates.
- Subscription License: Receive updates during the subscription period.
3.3 Licensee Restrictions
Unless explicitly agreed in writing and authorized by ATVIEW Srl, the licensee is prohibited from:
- Renting, leasing, or lending the software, or using it to provide hosting to third parties.
- Distributing any component of the ATVIEW software solution.
- Creating derivative works of the ATVIEW software solutions.
- Decompiling, disassembling, or reverse engineering the software.
- Redistributing incomplete, modified, or reverse-engineered software copies.
- Using the software in ways not covered by this agreement.
4. LIMITATION OF LIABILITY AND DAMAGE EXCLUSION
The licensee may modify the software solution only to the extent necessary for internal commercial purposes if provided with the source code or authorized tools by ATVIEW Srl.
ATVIEW Srl is not responsible for problems arising from modifications made by the licensee, partners, or third parties. It is also not liable for issues caused by third-party hardware or software.
The licensee must notify its employees and anyone accessing the software of the obligations under this agreement and ensure compliance.
ATVIEW Srl does not guarantee suitability of the software for the licensee’s specific activity. The licensee may request compensation for direct damages up to the amount paid for the software (in the case of perpetual licenses) or the amount paid in the last year (for subscriptions). Indirect, incidental, and consequential damages (e.g., data loss, business interruption) are excluded.
5. WARRANTY
5.1 Limited Warranty
ATVIEW Srl software solutions will perform in substantial conformity with the original documentation provided.
5.2 Warranty Period
The limited warranty is valid for one year from the initial purchase or subscription. Updates or supplements provided during this period are warranted for the remainder of the warranty period or 30 days, whichever is longer. The warranty is void if the subscription is suspended or terminated.
5.3 Warranty Limitations
This warranty does not apply to problems caused by:
- Actions or omissions of the licensee or third parties.
- Modifications or implementations by the licensee, partners, or third parties.
- Events beyond ATVIEW’s reasonable control.
5.4 Remedy for Breach of Warranty
ATVIEW Srl will repair or replace the software at no additional cost. If this is not possible, ATVIEW will reimburse the amount paid for the software or the last year’s subscription fee.
5.5 Consumer Rights
This agreement does not affect the licensee’s consumer rights under applicable laws.
6. SUPPORT
ATVIEW Srl provides support only for the latest software version and updates.
6.1 Support Limitations
Support will not be provided if:
- The software is installed on an unsupported operating system.
- The software is improperly used, or staff lack proper training.
- Unauthorized individuals maintain the software.
- Hardware does not meet ATVIEW’s minimum requirements.
7. COMPLIANCE CHECK
ATVIEW Srl or its reselling partner may audit the licensee to verify compliance with this agreement, subject to prior written notice (except in cases of suspected software counterfeiting). Audits will occur during normal working hours without unreasonably interfering with business operations.
During the subscription period, the software may transmit information (e.g., subscription ID, product name, license serial number, version) to ATVIEW for license validation.
8. GENERAL TERMS
- This agreement is governed by Italian law.
- Any disputes will be referred exclusively to the Court of Milano, Italy.
- If any term is unenforceable, the remaining terms remain valid.
- The agreement terminates upon violation of any term, cessation of software use, or subscription cancellation.
- The licensee’s personal data will be deleted by ATVIEW upon termination, subject to obligations under the Privacy Code.
- Modifications to this agreement must be in writing and signed by ATVIEW Srl.
- This agreement supersedes all prior communications and proposals related to the software.
By accepting these terms, the licensee agrees to comply with all the conditions specified to use the software and services provided by ATVIEW Srl.
2025.02.11