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General Term and Conditions

GENERAL CONTRACTUAL TERMS AND CONDITIONS FOR THE MYMUEKNIT SOFTWARE USE LICENSE (AS AT 10/2022)

 

1. General information / Contractual period

These general contractual terms apply to the mymueknit software, as well as to any additional online services, marketed by COMEZ to the Licensee. The mymueknit software (hereinafter referred to as the PRODUCT or SOFTWARE”) consists of a software application, used for creating patterns and for programming knitting needle looms designed by Comez and by Jakob Müller AG Frick, and from an archive of set-up charts for the above textile machines, hereinafter referred to as the “LIBRARY”. The Product is marketed and sold by COMEZ, which maintains its state-of-the-art through updates and bug fixes. The validity of the contractual period for the Software Use License is 12 months, effective from the date of activation of the software using the activation code. The contractual period is renewable for the same period (12 months), with each renewal beginning on the day following the expiry of the previous contractual period.

2. Object

This agreement governs for a period of 12 months the attribution to the Licensee of the rights to use the Software and any additional modules, and is renewable for the same period of 12 months. Upon completion of the entire payment, COMEZ concedes to the Licensee a personal, non-transferable, non-exclusive user license, with the limits and methods specified below, relating to the Software and any additional modules. Entire payment means the payment of the annual fee, relating to the first activation or subsequent renewals, and an amount as a security deposit for the use of the USB key with the activation system (hereinafter referred to as the USB-DONGLE”). This security deposit will be made to the Licensee only if the dongle-USB key is returned to COMEZ intact as received. The annual fee shall not be reimbursed under any circumstances. COMEZ will provide the Licensee with the instruction to download the Software from an online website and with a dongle-USB with the installation code for the use of the Software. The Licensee will receive from COMEZ an activation code for the use of the Software and credentials to access the online LIBRARY. The Licensee will have credits available to be used for the download of technical setup charts from the LIBRARY; specifically, the Licensee will receive 5 (five) credits upon initial activation and 5 (five) credits for each subsequent renewal. The credits, included in the annual subscription or purchased, shall not be reimbursed under any circumstances. Unless otherwise agreed (eg. in the order confirmation or established by COMEZ on the invoice), the License will be assigned to a single user.

3. Declaration of property and related rights

COMEZ declares that the property and all rights related to the commercial use of the SOFTWARE that is the object of this agreement, in addition to other rights or faculties inherent to it, are the exclusive property of COMEZ, which maintains the right to concede its use to other users, as well as to apply all necessary protective measures so as to avoid its non-authorized usage.

4. Use of the Software

Any present and future use of the SOFTWARE specified in this agreement shall be reserved to the operating procedures for COMEZ systems by personnel authorized by the LICENSEE. Any other use not expressly foreseen by this agreement, specifically the modification, translation, adaptation, disassembly, and re-engineering of the SOFTWARE or information contained within it, or the creation of applications deriving from it and not explicitly cited in this section, are to be considered excluded. Users authorized access to the SOFTWARE by the LICENSEE shall, under the legal responsibility of the LICENSEE, be held to the complete observance of the provisions and limitations of use outlined in this agreement. In no case shall the LICENSEE be permitted to yield, assign, rent or lease out, sell or otherwise dispose of the SOFTWARE on a permanent or temporary basis, without the prior written consent of COMEZ.

5. Helpdesk

COMEZ provides servicing available during regular office hours. The Helpdesk can be reached by e-mail and/or by telephone from 8:00 to 12:00 am and from 1:00 to 5:00 pm. (CET / CEST). Contact numbers are specified on the COMEZ website.

6. Backup copy

It is expressly forbidden for the LICENSEE to create copies of the SOFTWARE in any format.

7. Warranty

COMEZ grants the LICENSEE a warranty on the SOFTWARE with a validity of 12 months from the date of first activation of the Software, i.e. from the date of creation of the activation code. COMEZ guarantees that the SOFTWARE will operate according to the provisions outlined in the attached documentation. Notwithstanding the provisions outlined under Art. 1578 and subsequent modifications in the Italian Civil Code, COMEZ shall not be liable for damages incurred by the LICENSEE as a result of original or subsequent defects in the SOFTWARE. COMEZ shall not be liable for any direct or indirect damages incurred by the LICENSEE or by third parties in relation to the use or non-use of the SOFTWARE specified in this agreement.

8. Confidentiality

The LICENSEE agrees to maintain a maximum degree of confidentiality with respect to all information directly or indirectly associated to the SOFTWARE, with the exception of information in the public domain. The LICENSEE agrees, furthermore, to not disclose any information relating to the SOFTWARE, including methods or concepts made use of in the SOFTWARE, to companies, businesses, research groups and universities, or to any and all third parties who do not constitute personnel authorized by the LICENSEE. The LICENSEE agrees to notify to its authorized personnel the limitations and provisions of the license agreement and the principles of confidentiality for the information outlined in this agreement, ensuring that these provisions are respected by personnel.

9. Non-transferability

Under no circumstances, including deeds and arrangements, liquidation or bankruptcy settlements, shall the user rights conceded to the LICENSEE be extended or transferred to other entities, companies or persons without expressed written consent on the part of COMEZ.

10. Resolutive clause

In the event of non-performance or violation on the part of the LICENSEE of the obligations foreseen in this agreement, and specifically those outlined under the above sections 4 (“Use of the SOFTWARE”), 6 (“Backup copy”), 8 (“Confidentiality”), 9 (“Non-transferability”), this agreement shall be deemed automatically terminated without the need to notify the LICENSEE. To this end, COMEZ shall be authorized to make use of any and all legal instruments to safeguard its property and confidentiality rights. Upon termination of the agreement, the LICENSEE shall immediately return its dongle-USB with the installation code to COMEZ.

11. Applicable laws and place of jurisdiction

This agreement is subject to the laws of the Italian Republic. The exclusive court of jurisdiction is that of Pavia. Any modification to the terms established herein must be provided through written consent between the parties. COMEZ reserves the right to undertake legal action against the Licensee at its legal registered office.