License Agreement

01/07/2016

IMPORTANT - TO READ WITH ATTENTION
The present License Agreement with the Final User ("Agreement") is an agreement between the User (physic or legal person) and OQLab s.r.l., that includes the internet services and the remote technical assistance.
USING THE OQLAB SOFTWARE, THE USER ACCEPTS TO BE BOUND BY THE CONDITIONS OF THIS AGREEMENT. IF THE USER DOES NOT ACCEPT THE CONDITIONS, THEREFORE, HE CAN NOT SUBSCRIBE THE SUBSCRIPTION AND USE THE SOFTWARE.

1. License admission
OQLab s.r.l. gives to the User the following rights, if he respects the conditions in the present agreement:

1.1 Use
The User can use the Sotware on a PC or other device connected to interenet as "administrator" or "limited user", if the last has been acquired;
The User can not sell, re-sell, give in license, in location, in leasing, in credit or otherwise transfer upon payment the credential of access (username and password) to other users.
The Client is obliged, during the contracting period, to adjust on own payment the software and/or hardware configuration for the correct Software use.

1.2 Costs
The cost of the service in subscription is indicated on the economic offer and covers the period specified in it. This offer respet the costs in the payment list, excluding the eventual applied discounts or promotions .OQLab s.r.l. guarantees a maximum increase of the yearly profile pay-lists of 5%.

1.3 1.3 Payment Conditions
The costs will be invoiced, if not diversly accorded, annualy in an anticipated manner by OQLab srl from the first month subsequent to the date of the contract beginning, and they will be payed by 30 days from the date of the invoince in an authorized way.
However, OQLab s.r.l. will authorized to interrupt the service until the complete payment of what is due by the client.

1.4 Times of use
The User could use the Software for a limited period in accordance with what agreed with OQLab s.r.l. during the offer phase. At the end of this period the accesses to the software will be deactivated; althougth, all the inserted data will be conserved for a period not lower then one solar year from the date of the service deadline in the OQLab s.r.l. servers, available in the case of the contract renewal.

1.5 Right to the internet use
The User can access to the Software by any device connected to Internet, in an illimited way, in accordance with what reported in the article 1.1. The User must obtain a password for each additional account to access to the Software installed on the server.

1.6 Service for the Remote Assistance
The User can use an assistance service from remote access, free for what of OQLab s.r.l. competence, when it were be necessary for problems of esclusive applicative type. The assistance service is applied on the basis of the following regulations:

  • programs updating as a consequence of possible anomalies;
  • exchange of email explicative on how overcome the found difficulties.
The guaranteed response time are of 48 hs from the communication by email at the email address helpdesk.oqlab@gmail.com instead, for possible updates 15 days are guaranteed.
OQLab s.r.l.reserves the right to relay on part or all services to consultants or other specialized companies that operat in the sector. Training and on-site teleconference are not inclued in the contract, apart if differently specified in the payment offer.

1.7 Updates
In the case in which there will be normative updates that can refer to one or more software parts, OQLab is obliged to modify them by 3 months from the date of coming into force.
Eventual requests by the Client of modifications regarding parts of the software, or of implementation of new sections will be evaluated by OQLab s.r.l., considering the ways, the costs, and the realization times.

1.8 License Concession for the Documentation
The documentation included in the Software (validations, tutorial, guides, video, etc.) is given under license esclusively as internal reference and not for commercial use.

1.9 License Concession for Modulus and Reports
The Software includes modulus and reports, that the User could save, print and not modify, at exception of the signature on paper or digital signature on pdf. OQLab s.r.l. offers to the service these modulus and reports together with the modifications done (including the new validation, if necessary) for the use from other OQLab licensed persons.
Moreover, OQLab s.r.l. will take care to peridiocally revision (if is was necessary) of the modulus and the reports available by correlated services on Iternet, preverntively informing by email the Users about the emission date and about the new modulus and reports.
The User can not do any following operations:

  • The User can not sell, resell, give in license, in rent, in leasing, in credit or transfer under payment or for free the modulus and reports.
  • The User can not give the modulus and the reports on internet as a part of any products or service.
  • The User can not duplicate or publish the modulus and reports by services on Internet , or saving on other memory device.
The User will compensate and defend OQLab s.r.l. from any claim or legal action, also including the legal costs that derive from, or that are connected to the license concession or the distribution of modulus and reports modified by the user.

1.10 Modulus and Report Storage
The user is obliged to save and store copy in his own place all the reports (as papers or pdf), to avoid, in case of necessity, the lack of the documentations, for example in the case in which it would not be possible thr access to internet services.

2. OTHER RIGHTS AND LIMITATIONS

2.1 Activation of the service in subscription
THE SOFTWARE USES TECHNOLOGIES FOR THE PROTECTION AGAINST THE USE OF COPIES NOT ADMITTED IN LICENSE OR NOT LEGAL.
The user accesses to the service in subscription by username and password given by OQLab s.r.l., after the contract subsription. A unmodificable password will be given to manage, by the laboratory, the internal accounts in "full" and also in "limited" modality.
All the passwords have a limited duration over the time (As defined in the contract). OQLab s.r.l. has not any responsability on the protection of the access credential from their a not correct use, however it is possibile to verify and modify them freerly in ace of loss or for other necessities of the User.

2.2 Subscription service renewal
At the deadline of the subscription service the user could decide if rennovate it or not. In the case of renew, the user would be pay in any case the service also for the interrpution period, to which the price conformed to the last contract will be applied. Variations on what reported above will be arranged between the parts at the subscription of the new contract.

3. RESERVE OF RIGHTS AND OF THE PROPERTY
OQLab s.r.l. reserves all the rights not expressely allowed in the present contract. The software is protect by laws and agreements on the copyright and on the interllectual property.
OQLab s.r.l. and its service providers are owner of the name, the copyright and of other rights on the intellectual properties regarding the Software. The Software is not selled, but it is given in subscription. The present Contract does not give to the user any right related to the registered marks or markes in service of OQLab s.r.l.

4. RESTRINCTION ON THE DECODIFICATION, DECOMPILATION AND DISASSEMBLING
The User cannot decodify, decompile and disassemble the Software, the modulus and the reports excepting the cases in which these activities were expressly allowed from the applicable law.

5. PROHIBITION OF HOSTING BUSINESS/LEASE SERVICES
The User can not give the software in rent, leasing, credit, in other words, give hosting business services using the Software.

6. DATA USE AGREEMENT
The User accepts that OQLab s.r.l. and its subsidaries collect and use the technical informations obrained as part of eventual services offered to the user, related to the Software. OQLab is oblied to use these informations exclusively to improve the products or to give to the user personalized technologies and services and to not permit the individuation of the person from the user.

7. LINKS TO THIRD-PARTIES WEBSITES
OQLab s.r.l. is not responsible of the contents of other any websites or services of third-parties, of eventual links contained in them or eventual mdoification or updates to waebsites or services of third-parties.
OQLab s.r.l. gives to the User these links and the access to website and to services of third-parties for convenience and the inclusion of any link or access does not imply the recognitiance of websites and services of third-parties by OQLab s.r.l.

8. SOFTWARE AND ADDITIONAL SERVICES
The present section in applied to the updates, integrative components, add-on service or services given on-site by OQLab s.r.l. to the User subsequently the date in which the User has obtained the subscription, prior to the subscription of a new contract with specific conditions.
Eventual requests of modification from the user, regarding modules and/or reports, could be the object of new contractual conditions to be complied specifcatly with the user.

9. UPDATES
In the case in which during the contract period the addiction of new software modules was necessary, OQLab s.r.l. will evaluate if they will be included for free in the existing contract with the user.

10. DISSOLUTION
In the case in which the user does not respect the conditions in the present contract, OQLab s.r.l. could dissolve the same Contract, without for this to damage other own rights. In this case, the User will not have more the possibiliy to access to the service.

11. GUARANTEE
The present guarantee does not compromise the rights recognized by the law.
The Softare has been created and offered as a product for general purpose, and it has not been created or offered to purpose specific of the user. The user accepts that no one software product is without errors and recognizes to have been advised of the necessity to do peridiocally the "back up" of his modules and reports by means tools available by OQLab.
As condition that the user has a valid license, OQLab s.r.l. guarantees that:

  • The Software will function in accordance with the written matterials to them attached for the agreeded period at the contract subscription;
  • In the fulfillment of the supported service given by OQLab s.r.l., the technical staff of OQLab s.r.l. will make reasonable efforts, and will use perseverance and professionality to solve problems.
The present guarantee is not valid if the failed function of the Software depends on an accident, or abusive or not correct use. Any modified software product will be in guarantee for the agreed period at the contract subscription.

12. RESPONSABILITY LIMITATIONS
In maximum measure approved by the applicable law, and in accordance with what reported in The Guarantee of OQLab s.r.l., OQLab s.r.l. will not be responsible of damages of any types (also incluiding, as example, damage for loose or missed earning, interruption of the acrivity, lose of information or other finantial lose), due to or, however, correlated to the use or incapacity in the use of the Software. In any case, the total responsibility of OQLab s.r.l., in accordance with the dispositions of the present contract, can not exceed the amount effectively paid by the user for the Software. The present limitations are not adopted to the responsabilities that can not be excluded or limited on the basis of the applicable laws.