LICENSE AGREEMENT FOR THE USE
OF SCRIB SOFTWARE
"Supplier" is the Company PPM3 Srls.
"User" is the person who uses the services offered.
"SAAS" (Software as a service) is the remote access service for the use of management programs made available and managed by the Supplier.
"Service" is SaaS use of the SCRIB software.
Article 1 - Object
This contract regulates the granting of use of the SCRIB software.
SCRIB is a software capable of generating thousands of articles in a few moments that comply with the 5 W rule - who, what, where, why, when - just like journalists and business writers.
Article 2 - Duration, renewal and right of withdrawal
The contract runs from the day of its signing and has a duration of 12 (twelve) months, renewable from year to year.
The User can withdraw from the contract without any penalty within 30 (thirty) days from the date of signing, provided that it has not generated more than 1/12 of the total texts provided for in the contract in its annual duration. The generation of more than 1/12 of texts entails the automatic acceptance of the contract for its entire duration and voids the right of withdrawal, even if exercised within the established term.
The request for withdrawal must reach PPM3 Srls by registered letter or PEC within the thirtieth day from the date of signing the contract. Any withdrawal communicated after the deadline indicated has no effect.
Upon expiry, the contract will be tacitly renewed for subsequent periods of 12 (twelve) months, except for the sending of cancellation of the renewal to be sent by registered letter or PEC to PPM3 Srls with at least 30 (thirty) days' notice from the expiry date.
Any cancellation presented after this deadline will not prevent renewal, with the consequent obligation for the User to pay the full amount.
Article 3 - Fees
The User undertakes to pay PPM3 Srls the fee for the chosen package. The packages and the relative amounts are indicated on the internet portal http://www.scrib.info
Article 4 - Payments
The User undertakes to make monthly payments of the amounts indicated on the portal http: //www.scrib.info depending on the package chosen, according to the following methods:
- transaction by credit card with authorization for periodic withdrawals or
- bank transfer to the account of PPM3 Srls via Sepa Direct Bank Debit.
Article 5 - Termination clause for non-payment or late payment
The delay of more than 15 days in the payment of the consideration gives PPM3 Srls the right to terminate the relationship with immediate effect.
Article 6 - Responsibility and methods of use
PPM3 Srls is not responsible for damages due to delays, missed transmissions or service interruptions caused by intentional or negligent events beyond its control, including errors and omissions by the User.
Except in cases of willful misconduct or gross negligence of PPM3 Srls, and without prejudice to the obligations of diligence of the latter, the User exempts PPM3 Srls from liability for any damage suffered during or following the use of SCRIB.
PPM3 Srls is not responsible for the results obtained by the User using the services covered by this contract. In particular, PPM3 Srls is not responsible for errors or inaccuracies, omissions, or other defects, timeliness or authenticity of the information, delays due to network problems, or caused by malfunctioning of the tools used by the User (computer, modem, network access, etc.) and for any other problem not dependent on one's work.
Furthermore, the User is solely responsible for the activities carried out through the software covered by this contract and indemnifies PPM3 Srls from any liability (including with respect to third parties) in relation to the use of the system. PPM3 Srls does not have direct control over the information and data entered into the system by the User, does not provide any guarantee on the legality, accuracy or quality of the same and cannot be held responsible for what concerns the content and activities carried out by the User.
Article 7 - Back-up and disaster recovery procedures - exclusion
It is the User's responsibility to back-up and restore the projects and texts generated thanks to the use of the software on their PC or other support in order to maintain backup copies.
Article 8 - SLA (Service Level Agreement) - System availability and performance parameters
The service will be offered 24 hours a day, 7 days a week in Best Effort mode.
PPM3 Srls guarantees an uptime equal to 95% on an annual basis, excluding problems of accessibility to the service not dependent on PPM3 Srls.
Article 9 - Conditions of access and right of temporary suspension
The service is provided through a software application platform, which the User accesses via an Internet connection. The User remotely connects to hardware resources and programs made available by the Supplier, owned and exclusively available by the latter.
Access to the "SCRIB" service takes place via the Internet or with TCP / IP connections via a web interface. The User must check the compatibility of the connection equipment and software used. PPM3 Srls is not responsible for defects, discontinuity or inability to access and / or use the "SCRIB" service deriving from the aforementioned compatibility or any other deficiency attributable to both the software and the hardware of the User.
In case of maintenance interventions, PPM3 Srls, upon communication via email, may temporarily suspend the service. The User will be entitled to a reduction in the fee proportionate to the days of suspension only for suspensions exceeding 7 (seven) days.
Article 10 - User access keys and responsibility
PPM3 Srls provides the User with the identification code (so-called user-id) and the personal access key (so-called password). The User is obliged to change the access key at his discretion.
The User is required to keep and guard the access key with the utmost security and secrecy and is responsible for any damage resulting from the improper or unauthorized use of the password.
Article 11 - Ownership - prohibition of transfer
The Programs are the exclusive property of the Supplier. The Service provided is for the exclusive use of the User: it is expressly forbidden for the User to distribute it to the public or to transfer it or sublicense it to third parties or, in any case, to allow its use by third parties both free of charge and to onerous title.
Article 12 - Secret - Amendments
The User undertakes to keep the contents of the Program and Documentation secret and to protect the rights of the Supplier.
It undertakes not to modify the Program or to incorporate all or part into other Programs without the prior written permission of the Provider.
Article 13 - Services included in the contract and exclusions
The contract includes: 1) access to self-training resources (demos, manuals, etc.) aimed at the best use of the software; 2) system updates.
The contract does not include: 1) improvements and new services; 2) assistance and / or consultancy for the maintenance or start-up or updating or customization or implementation of the Program, as well as for any training of the User's personnel in charge of using the Service.
These services can be rendered by the Supplier upon stipulation of specific separate contracts.
Article 14 - Jurisdiction and applicable law
The legal relationship deriving from this contract is governed by the Italian law. The exclusive jurisdiction for disputes relating to the interpretation, execution and termination of this contract is the Court of Milan.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer specifically approves the articles: Article 2 - Duration of renewal and right of withdrawal; Article 5 - Termination clause for non-payment or late payment; Article 6 - Responsibility and methods of use; Article 9 - Conditions of access and right of temporary suspension; Article 14 - Jurisdiction and applicable law.