EPM-VIEW SERVICE USER LICENSE AGREEMENT

THIS USER LICENSE TO ACCESS TO EPM-VIEW SERVICES (HEREINAFTER REFERRED TO AS “SERVICE”) INTENDED FOR THE FINAL USER IS AN AGREEMENT BETWEEN THE USER (HEREINAFTER REFERRED TO AS “CLIENT” OR “HE”) AND HTS SPA WITH REGISTERED OFFICE IN PADOVA 35128, VIA PELLIZZO 39 – ITALY, (HEREINAFTER REFERRED TO AS “HTS”), hereinafter referred to individually as a “Party” and collectively as the “Parties”.

PREMISE:

The EPM-VIEW services intended for the final user allow him to exercise the remote control and signalling functions towards the security system for which the CLIENT is entitled to operate.

The EPM-VIEW services (SERVICE) offered to the CLIENT include the use of processing and communication infrastructures involving the video surveillance system components related to the CLIENT, the Internet access carrier related to the CLIENT, one or more mobile and stationary terminal devices (Personal Computer, Smartphone, Tablet) having the function of control terminal related to the CLIENT, a service centre operated by HTS, a set of applications and web services operated by HTS

The SERVICE offered to the CLIENT may include activities related to the qualification and maintenance of the SERVICE itself by the the installer of the system itself (hereinafter referred to as "INSTALLER"); in this case, the terms of the SERVICE provision will also be subject to any specific agreements between these parties.

1. SUBJECT OF THE LICENSE.

In view of the payment of the license fee, forming part of the price that the CLIENT pays for this SERVICE, and of the consent of the client to the terms and conditions of this agreement, HTS grants the client a non-exclusive and non-transferable license to use the EPM-VIEW Service associated with this this contract and all the hardware and software components that are necessary to operate the service, including the code, the programming techniques and the development tools that are used, formats, designs, concepts, methods and ideas associated with the programme itself, manuals, activation keys and whatever else is included in the supply (all of which shall be referred to hereinafter as "SERVICE"), as long as the client operates within the terms and conditions of this agreement.

HTS reserves to itself all rights not expressly granted to the client.

2.  RIGHTS OF USE.

As a licensee, the CLIENT has the access credentials to use the service. It is an express condition of this license that HTS remains the owner of the SERVICE and of all patents, copyrights, trademarks and proprietary rights in relation to the SERVICE.

This license does not apply to any sale of the SERVICE. Rather, this license grants the CLIENT the right to use the SERVICE within the terms of this agreement.

 

3.  LIMITATION OF LIABILITY.

The CLIENT is aware that he must take all precautions for use and diligently keep the access credentials to the SERVICE and expressly undertakes, for himself and his employees, auxiliaries and collaborators, also pursuant to art. 1381 of the Italian Civil Code (promise of obligation or act of third person), to keep them diligently. The CLIENT is also aware that the possible removal of the access credentials to the SERVICE exposes him to the risk of undesired access to the security system by third parties and expressly undertakes, for himself and his employees, auxiliaries and collaborators, also pursuant to art. 1381 of the Italian Civil Code (promise of obligation or act of third person), to adopt all measures necessary to avoid such subtraction, also promising to indemnify HTS of any prejudicial consequences that may arise for the latter from the subtraction of the aforementioned access credentials to the SERVICE.

HTS adopts policies aimed at guaranteeing the continuity of the SERVICE, but it is not excluded that, as a result of force majeure, the service may suffer interruptions for which HTS cannot in any way be held responsible. HTS therefore undertakes to operate with diligence in order to prevent any inefficiencies that are not caused by chance or force majeure and, in the event of such, shall endeavour within a reasonable period of time to remove only the operational anomalies attributable to it in the only cases in which such corrective measures do not prove to be excessively and disproportionately onerous.

Finally, the Parties agree that in no case, except in the case in which HTS has acted with intent or gross negligence, HTS may be held liable for the direct and indirect consequences deriving from the removal or loss of the CLIENT's access credentials to the SERVICE, as well as for the failure or partial malfunctioning of the SERVICE itself.

In certain circumstances, the SERVICE may be subject to conditions and limitations of use provided by a third party with the role of supplier of the security system; the third party has the right to operate limitations or exclusions of functions and use with respect to the CLIENT on the basis of agreements relating to operating conditions that directly bind the CLIENT to the installation company and on which HTS does not intervene, subject to the prescriptions and limitations contained in this license agreement.

 

4.  RESTRICTIONS OF USE.

The CLIENT may not sublicense, sell, rent, lease or distribute copies or parts of the SERVICE or the accompanying material unless expressly authorized in writing by HTS

The CLIENT may not for any reason modify, integrate, adapt, translate, decompile and disassemble the software used for the operation of the SERVICE or create derivations of the above-mentioned components.

The CLIENT may not use the SERVICE outside its intended use unless expressly authorized in writing by HTS

The CLIENT may not for any reason use the SERVICE to analyse or modify outside the parameters provided for and tamper with the devices, of whatever nature, interfaced with the SERVICE itself.

5.  EFFECTIVENESS AND VALIDITY.

This license shall be effective for one year from the signing of this agreement and shall be deemed to be tacitly renewed for a period of equal duration if the Parties do not give written notice of termination 60 days prior to the expiration date. HTS may terminate this agreement at any time by giving written notice of termination to the CLIENT. Said withdrawal shall be effective from the sixtieth day following the sending of the communication with which HTS exercises its potestative right. The CLIENT may determine the termination of the license at any time through the destruction of the software and any copies thereof (if applicable) and, should this happen, he assumes the obligation to compensate EL.MO for any damages resulting from such behavior. The license shall automatically terminate if the CLIENT breaches the terms of this agreement.

As a consequence of each termination, the CLIENT shall destroy all copies in his possession, as well as any activation devices supplied with the product itself and certify this in writing by registered letter HTS Alternatively, the CLIENT may return the material described above to HTS SPA.

The Parties also agree that, in the event the CLIENT does not comply with the obligations undertaken through this clause and, in any case, he violates, for reasons attributable to him, the restrictions of use referred to in the above mentioned cl. 4 this contract shall be considered terminated by right pursuant to art. 1456 of the Italian Civil Code and this will result in the loss of the effectiveness of the license, as well as in the related termination of the SERVICE.

6.  WARRANTY.

The SERVICE, apart from the limited warranty described below, in all its components (including the instructions for use), is supplied "as is", without warranty of any kind. Furthermore, HTS does not guarantee the use and the result of the use of the SERVICE in terms of correctness, accuracy, reliability; the risk of the results and performance of the product is entirely assumed by the CLIENT.

Due to the complexity of the nature of the software, the company does not warrant that the software is completely error-free, that it will operate without interruption and that it is compatible with all equipment or software configurations. The CLIENT is invited to verify the work performed by the SERVICE. The CLIENT expressly assumes the risk of using the SERVICE in the case of applications where his error may result in damage or injury to individuals, property and business activities.

HTS expressly disclaims any other form of implicit or explicit warranty on the SERVICE, including the warranty of appropriateness on specific purpose. Under no circumstances may HTS its agents, resellers, distributors and employees be held liable for direct, indirect or incidental damages deriving from the use, abuse or impossibility of using the SERVICE, even if HTS has been advised of the possibility of such events and, specifically but without limitation, in the case of loss of earnings, use, equipment and data materials and/or costs relating to their restoration, insurance or replacement, as well as claims by third parties. In any case, the liability of HTS or its distributors shall be limited to the price paid by the CLIENT for the license to use the SERVICE in question.

Any other form of warranty expressed in writing or verbally by agents, distributors or employees of HTS may in no event extend the terms set forth in this agreement, nor may the CLIENT rely on written communications of this nature.

7.  UPDATES.

The signing of this user license agreement guarantees the CLIENT the right to take advantage of any update and improvement of the SERVICE, subject to acceptance of the conditions from time to time established by HTS

The updates of the SERVICE are offered and licensed for use under the conditions provided for the SERVICE by this contract.

 

8.  IUS VARIANDI

In express derogation of Article 1372 of the Italian Civil Code, the Parties agree that HTS has the right to unilaterally make discretionary changes to this user license agreement, with the right to re-determine its content at any time, in consideration of contingencies that may make the agreement less suitable for achieving the purpose of the SERVICE, or also in consideration of a changed and better evaluation of HTS regarding the best way to achieve such purpose, since the related changes are not subject in any way to the consent of the CLIENT. Should such consent not be given, the effectiveness of this license shall cease and, consequently, the subsequent provision of the SERVICE shall cease.

9.     ITALIAN LAW - DETERMINATION OF THE COMPETENT JUDICIAL AUTHORITY

The contract will be subject to the application of the Italian law.

In case of dispute regarding the conclusion, execution and interpretation of the contract, the parties shall establish the exclusive jurisdiction of the Court of Padua.

 

The parties also declare, pursuant to Articles 1341 and 1342 of the Italian Civil Code, that they have read and fully understood the meaning of the following clauses:

• 2. RIGHTS OF USE;
• 3. LIMITATION OF LIABILITY;
• 4. RESTRICTIONS OF USE;
• 5. EFFECTIVENESS AND VALIDITY;
• 6. WARRANTY;
• 8. IUS VARIANDI;
• 9. ITALIAN LAW – DETERMINATION OF THE COMPETENT JUDICIAL AUTHORITY.

 

 

INFORMATION ON THE PROCESSING OF PERSONAL DATA

(Ex Art. 13 – 14 Reg. EU 2016/679)

 

Dear data subject,

below we provide you with some information that we need to bring to your knowledge, not only to comply with the obligations of the EU Reg. 2016/679, but also because transparency and fairness towards our customers, employees or partners is a fundamental part of our business.

The Data Controller of yours personal data is HTS SRL and responsible for the legitimate and correct use of his personal data and which he can contact for any information or request at the following contact details:   The business group has appointed a Data Protection Officer, who can be contacted at Questo indirizzo email è protetto dagli spambots. È necessario abilitare JavaScript per vederlo.
Data controller: HTS SRL Location: Via Pellizzo 39 – 35128 Padova (PD) Contacts and contact details:
Phone	0553 73866
Email	Questo indirizzo email è protetto dagli spambots. È necessario abilitare JavaScript per vederlo.

 

Data Protection Officer: Questo indirizzo email è protetto dagli spambots. È necessario abilitare JavaScript per vederlo.

Your personal data are collected and processed for the following purposes together with the legal basis of reference:

Processing: Peer to Peer streaming

Purpose	Processed Data	Legal Basis	Duration
Peer to peer streaming	browsing data, multimedia streams (es. IP adrress), multimedia streams	Contract	The multimedia flows will be stored for a period of time functionally linked to the time necessary for the provision of the service. The navigation data will be kept for the time necessary to guarantee the maintenance and security of the system.*
Technical assistance and customer care	Personal and identification data, contact data, account data, navigation data.	contract	Functionally linked to the duration of the intervention for information strictly related to this, 10 years from the year of intervention for communications.*

 

 

 

Categories of recipients: The data could be communicated to internet and / or hosting providers.

* *Duration: In addition to the time it takes for the prescribed terms to mature in relation to each other's rights.     * CHANGES TO THIS PRIVACY POLICY The Data Controller reserves the right to make changes to this privacy policy at any time, giving information to the interested parties. In case of non-acceptance of the changes made to this privacy policy, the Data Subject may request the Data Controller to remove their Personal Data. * Extra UE data transfer Personal information will not be subject to any transfer by the data controller outside the European Union, except as provided for in Articles from 44 to 47 EU Reg. 679/2016. *

In addition to this information, to ensure that your data is treated as correctly and transparently as possible, you should be aware that:

• Except for the purposes based on consent, the provision of your data and necessary requirement, otherwise it will not be possible to provide the good or provide the requested service;
• has the right to request access to your personal data and the rectification or deletion of your personal data or the limitation of the processing concerning you or to object to their processing;
• if you have given consent for one or more specific purposes, you have the right to withdraw such consent at any time;
• has the right to lodge a complaint with thefollowing Autorità of Controllor: Guarantor for the protection of personal data;
• the data will be processed in automated, semi-automated and non-automated ways;

Where required by this policy, you have a legal obligation to provide your data otherwise it is subject to penalties as required by law.

Padova (PD), 15/04/2021

 

HTS SRL