AGREEMENT ON THE USE OF LICENCE BY THE END USER FOR MOBILE APPLICATIONS FLIK PAY AND FLIK POS
This Licence Agreement (Licence) is a legal agreement between you and the company Fabrick S.p.A. (Licence Issuer or us) regarding:
· the computer software known as “Digital Wallet which includes all versions of the software made available to you for downloading, the proprietary software of the Licence Issuer, all related application programme interfaces (API), potential third party products (including the libraries from the product Motif Digital Wallet), the data and other information provided together with the software and the related media (Digital Wallet) and
· printed material and on-line or other electronic documents related to the Digital Wallet (Documents).
We hereby grant you the licence for the use of the Digital Wallet and the Documents based on this Licence. We are not selling you the Digital Wallet or the Documents. We or our Licence Issuers remain the owners of the Digital Wallet or the Documents at all times.
IMPORTANT NOTICE FOR ALL USERS:
BY DOWNLOADING THE DIGITAL WALLET OR ANY PART OF IT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENCE WHICH ARE BINDING. THE TERMS AND CONDITIONS OF THIS LICENCE IN PARTICULAR INCLUDE THE WAIVERS DEFINED IN ITEM 5.
1. Issue and scope of the Licence
1.1 Based on your acceptance of the obligation to comply with the conditions of this Licence, we hereby grant you a global, fully-paid, non-exclusive and non-transferrable licence for the use of the Digital Wallet and Documents in accordance with the terms and conditions of the Licence.
1.2 You are entitled to the following:
(a) downloading, installing and using the Digital Wallet solely for the purpose specified by your bank;
(b) considering the terms and conditions from Item 2 below, making copies of the Digital Wallet solely for the purpose of creating backups.
2.1 Unless explicitly defined in this Licence or permitted by the local legislation, you hereby undertake:
(a) not to make any copies of the Digital Wallet or Documents except where copying is required in the scope of the normal use of the Digital Wallet or if required for the purpose of creating backup copies or ensuring the safety of operations;
(b) not to rent, lease, sublease, lend or translate and not to combine, adjust, modify or alter the Digital Wallet or Documents;
(c) not to make any changes or modifications on the entire Digital Wallet and not to allow for the Digital Wallet or any part of it to be combined with or integrated into other programmes;
(d) not to disassemble, decompose or reverse-engineer or create works on the basis of the entire Digital Wallet or part of it and not to even attempt something like that;
(e) not to acquire access to another software with the help of the Digital Wallet;
(f) to take into account all the necessary technological controls or export laws and regulations.
3. Intellectual property rights
3.1 You agree that all copyrights and other intellectual property rights arising from the Digital Wallet and the Documents applicable anywhere in the world belong to us or our Licence Issuers and that you have been granted a licence for the rights arising from the Digital Wallet (they have not been sold to you and that you have no other rights to the Digital Wallet and the Documents except to use them in accordance with the terms and conditions of this Licence.
3.2 The licence grants you no right to use the trade names, brands or service marks or the names of the Licence Issuers unless required for describing the source of the Digital Wallet and the Documents.
4. Exclusion of guarantee
4.1 The Licence Issuer provides the Digital Wallet “as is”, without any terms and conditions, guarantees, obligations or other commitments, explicit or indirect, in the maximum possible extent permitted by law, including without limitation the ownership right, non-violation, saleability, usefulness for a specific purpose, defects or malfunctions. Every term and condition, guarantee, obligation or other commitment concerning the delivery of the Digital Wallet and the Documents that would otherwise be indicated indirectly or represent part of this Licence either by law or based on court practice or in any other manner, shall be excluded to the maximum possible extent permitted by law.
4.2 Exclusion represents an essential part of the Licence and is a condition for granting the rights to the Digital Wallet.
5.1 You undertake not to resell the Digital Wallet and the Documents.
5.2 Taking into account the condition 5.3 below, the Licence Issuer excludes any responsibility in relation to the claims, either contractual, legal or other arising from or related to this Licence or potential accompanying agreements, for any loss or damage, either direct, including without limitation:
(a) the loss of profit, sale, deals or income,
(b) interruptions in the operations,
(c) loss of expected savings,
(d) loss or damage of data or information,
(e) loss of business opportunities, good name or reputation, or
(f) potential direct or consequential loss or damage.
5.3 This licence contains no limitation or exclusion of our responsibilities for:
(a) death or personal injury arising from our negligence,
(b) fraud or intentional misstatement or gross negligence,
(c) other responsibilities that cannot be excluded or limited in compliance with the applicable legislation.
6.1 This licence can be immediately terminated on the basis of a written notice in the event of your material or permanent breach of this Licence.
6.2 Upon the termination for any reason:
(a) all your rights arising from this Licence shall cease;
(b) you must immediately stop any activities performed under this Licence and
(c) you must immediately delete or remove the Digital Wallet from all equipment in your possession.
7. Other relevant conditions
7.1 Our rights and obligations hereunder can be transferred to another organisation which shall not affect your rights and obligations hereunder.
7.2 Every term and condition of this Licence applies independently. Should a court or another competent body decide that any term or condition is illegal or non-enforceable, this shall not affect the validity of the other terms and conditions.
7.3 This Licence and all matters arising from or related to it shall be subject to and interpreted in accordance with the Slovenian legislation, unless explicitly prohibited by your national legislation.
Ljubljana, 22. 01. 2020