• USER LICENCE AGREEMENT FOR ONLINE WORKS (access by means of username and password)
• USER LICENCE AGREEMENT FOR ONLINE WORKS (access by means of approved IP)
• USER LICENCE AGREEMENT FOR DOWNLOADABLE (STAND-ALONE) WORKS



The completion of the registration procedure shall constitutes acceptance of this User Licence and all its terms and conditions. If your order is accepted you will be informed by an e-mail confirming the stipulation of this User Licence Agreement for the supply of the eLexico.com online services you have requested. The supply of the service shall begin when an e-mail is sent containing the link that allows you to complete the registration procedure and to access the Work.

WHEREAS

 

- eLexico.com has developed a software solution for the search of databanks and the visualisation of results named "EdPan Search Engine" (hereafter, "Software") and declares that it is the holder of the rights licensed here and to have the means to provide them;
- the Software has been developed in such a way as form an integrated software package that cannot be separated from the databank that is associated with in the production phase;
- the Software and the databank it is associated with constitute the Work that is the object of this User Licence and that is indicated in the registration procedure.
In these licence agreements the following expressions have the following meanings:
- "Commercial use" means use for purposes of profit (on the part of both the Licensee and any other physical individual or corporate body) by means of the sale, resale, loan, transfer, hire or other form of exploitation of the Work;
- "Licensee" means the physical individual or corporate body indicated on the registration form;
- "Licensor" means eLexico.com s.r.l.;
- "Access data" means the username and the password required to access the Work;
- "Server" means the server of the Licensee or of third parties designated by the Licensor on which the Work is installed and which the Licensee may access by means of the World Wide Web;
- "Subscription period" means, for each Work, the period stated in the registration procedure and in the confirmation e-mail, subject to the procedure for receding from a subscription before it expires which are detailed herebelow.

IT IS HEREBY AGREED AS FOLLOWS

1. Premise and registration procedure
The premise and the notes on the registration procedure shall be considered an integral and essential part of this agreement.
2. Granting of licence, rights and restrictions on use
2.1 The Licensor grants the Licensee the non-exclusive and non-transferable right to access and to use the Work for the entire subscription period.
2.2 The Licensee may access and consult the Work. This right belongs solely to the Licensee and may be exercised by third parties authorised by the Licensee.
3. Responsibility of the Licensee
3.1 The Licensee may not:
3.1.1 remove or alter the copyrights of the Licensor and other notes on use as they appear in the Work;
3.1.2 systematically print or copy multiple extracts of the Work for any purpose;
3.1.3 use all or part of the Work for any form of commercial use.
3.2 The Licensor has set up software monitoring systems designed to protect the intellectual property rights of the Licensor (and other entitled parties) to the Work and to cancel access should any fraudulent behaviour be detected. In the case that a licence is cancelled the Licensee will be warned of the suspension of the service with details of the breach. The Licensee should contact the customer service of the Licensor which may decide to reinstate access should they reach the final decision that this behaviour did not constitute wilful and wanton fraudulent use.
3.3 The Licensee will pay for all the costs of the hardware and software as well as the cost of the internet connection required to access the Work.
3.4 The Licensee acknowledges that in order to access the service he or she must have one of the browsers listed in the notes below.
3.5 The Licensee is responsible for the use of his or her access data and for ensuring that these are not passed on to others.
3.6 The Licensee will inform the Licensor as soon as possible in case of loss, theft or unauthorised use of his or her access data.
4. Responsibility of the Licensor
4.1 The Licensor will enable the Licensee to access the Work that is the object of this agreement by means of verifying his access data.
4.2 The Licensor will make every reasonable effort to:
4.2.1 allow the Licensee access to the Work by means of a browser and the World Wide Web for the entire period of the subscription;
4.2.2 ensure that the server has sufficient capacity and sufficient connection speed to provide the Licensee with a quality of service that meets the current standards of the World Wide Web for the supply of online information;
4.2.3 restore access to the Work as soon as possible should the service be interrupted or suspended.
4.3 For the entire period of the subscription the Licensor undertakes to provide, or to ensure that third parties provide, assistance to the Licensee by responding rapidly to requests received by e-mail from the Licensee regarding the use and/or the practical aspects (but not the content) of the Work.
5. Recognition and protection of intellectual property rights
5.1 The Licensee acknowledges that all copyrights, patents, trademarks, service marks, software and database rights and other intellectual property rights relative to the Work (collectively known as the "Intellectual Property") are the exclusive property of the Licensor and that these agreements do not bestow upon the Licensee any right to or ownership of the Intellectual Property with the exception of the right to use the Work in accordance with the terms and conditions of this agreement.
5.2 The Licensee shall inform the Licensor in time of the facts and circumstances relative to any unauthorised use of the Work or of the Intellectual Property or any part of these.
6. Declarations and guarantees
6.1 The Licensor declares and guarantees being fully entitled to stipulate this Licence agreement, to grant the rights conferred in this document to the Licensee and that the licensed Work does not violate any patent, copyright, trademark or other third party property right.
6.2 Without prejudice to the foregoing, the Licensor does not provide any express or implicit guarantee that the Work shall be of a satisfactory quality and/or suitable for any particular use or that the Work does not contain errors.
6.3 Under no circumstance may the Licensor be held responsible by the Licensee or by third parties for any losses deriving from the use of the Work.
6.4 nder no circumstance may the Licensor be held responsible by the Licensee or by third parties for consequential, accidental, special or indirect damage of any nature deriving from the use of or from the impossibility to make use of the Work.
7. Compensation and force majeure
7.1 The Licensor undertakes to defend the Licensee against all claims for compensation from third parties which might result from an act or omission of the Licensor concerning the breach of copyright and or the property rights of third parties.
7.2 The Licensee and the Licensor will not be answerable to one another for any breach of any of the conditions provided for in this agreement resulting from force majeure and which may not be avoided by exercising due diligence.
8. Early termination of contract
8.1 Either party is entitled to withdraw immediately from this agreement by means of written notification should the other party commit any significant breach of the conditions provided for in this agreement.
8.2 The Licensor reserves the right, should there be reasonable grounds, to withdraw from this agreement, in its entirety or merely in part, by giving 30 days’ notice to the Licensee.
9. General conditions
9.1 This agreement is personal and binding for all parties and neither this agreement nor any of its relative entitlements may be transferred to third parties.
9.2 All notifications relative to this agreement must be put in writing and sent to all parties.
9.3 This agreement shall constitute the full and complete commitment between both parties in this matter, and shall supersede and cancel all previous agreements, understandings and communications between the parties (written or oral) and may be altered, changed, added to, deleted from, or modified, only through the voluntary, mutual consent of the parties in a written amendment signed by both parties.
9.4 Any waiver of rights deriving from this agreement shall not be construed as a waiver of any or all other rights.
9.5 The headings to the articles in this agreement merely serve to aid the consultation of the same and do not constitute part of the agreement.
9.6 In case of discrepancies between the Italian text version of the agreement and any versions translated into other languages, the Italian version shall prevail.
9.7 This agreement is governed by Italian law and the Court of Milan shall have sole and exclusive jurisdiction, under consumer law, as long as the Licensee is an Italian consumer, over any dispute arising from its interpretation, enforcement or termination.

NOTE OF USE
The display of eLexico.com online dictionaries is optimized for Mozilla Firefox (version 4.0 or subsequent). You can also use the following browsers: Opera (version 10.0 or subsequent), Safari (version 4.0 or subsequent), Google Chrome (version 4.0 or subsequent); Internet Explorer (version 7.0 or subsequent) may be used, but is not fully compatible.




Completion of the order form or purchasing agreement directly with eLexico.com or with a reseller, shall constitutes the acceptance of this User Licence and each and every one of its terms and conditions on the part of all authorised end users.

The service shall be provided the moment an e-mail containing the address of the Internet resource (URL) from which access to the Work is permitted is sent.

 

WHEREAS

 

- eLexico.com has developed a software solution for searching databanks and the visualisation of results named "EdPan Search Engine" (hereafter, "Software") and declares that it is the holder of the rights licensed here and to have the means to provide them

- the Software has been developed in such a way as to form a software package that is integrated with and inseparable from the data banks it is associated with in the production phase;

- the Software and the databank it is associated with constitute the Work that is the object of this User Licence and that is indicated on the order form or on the purchasing agreement

In this licence agreement the following terms have the following meanings:

- "Commercial use" means the use for the purposes of profit (on the part of the Licensee, of the end user or any other physical individual or corporate body) by means of the sale, resale, loan, transfer, hire or other form of exploitation of the Work ;

- "Licensee" means the physical individual or corporate body indicated on the order form or on the purchasing agreement;

- "Licensor" means eLexico.com s.r.l.;

- "approved IP address" means each of the various static IP addresses with which the local network and/or the individual workstations the Licensee is responsible for are identified in a unique way;

- "Server" means the server of the Licensor or of third parties designated by the Licensor on which the Work is installed and to which the Licensee can gain access through Internet;

- "End users" means all those who, licensed by the Licensee to use the local network and/or the individual workstations identified by one of the approved IP adrresses, are granted access to the Work;

- "Subscription period" means for each Work, the period stated on the order formon the purchasing agreement, or in the confirmation e-mail, subject to the procedure for receding from a subscription before it expires which are detailed herebelow.

 

IT IS HEREBY AGREED AS FOLLOWS

 

1. Premise and notes

The premise and notes are an integral and essential part of this agreement.

 

2. Granting of licence, rights and restrictions on use

2.1 The Licensor grants the Licensee the non-exclusive and non-transferable right to access and to use the Work for the entire subscription period.

2.2 The Licensee may access and consult the Work. This right may be exercised by third parties authorised by the Licensee.

 

3. Responsibility of the Licensee

3.1 The Licensee may not:

3.1.1 remove or alter the copyrights of the Licensor and other notes of use as they appear in the Work;

3.1.2 systematically print or copy multiple extracts of the Work for any purpose;

3.1.3 use the Work in its entirety or in part for any form of commercial use.

3.2 The Licensor has set up software monitoring systems designed to protect the intellectual property rights of the Licensor (and other entitled parties) to the Work and to cancel access should any fraudulent behaviour be detected. In the case that a licence is cancelled the Licensee will be warned of the suspension of the service with details of the breach. The Licensee should contact the customer service of the Licensor which may decide to reinstate access should they reach the final decision that this behaviour did not constitute wilful and wanton fraudulent use. Monitoring will be carried out in accordance with current personal data protection laws.

3.3 The Licensee will pay all hardware and software costs as well as the cost of the Internet connection required to access the Work.

3.4 The Licensee acknowledges that in order to access the service he or she shall have one of the browsers listed in the notes of use printed at the foot of this agreement.

3.5 The Licensee is responsible for the access of third parties to the Internet by means of identifying them with one of the approved IP addresses.

3.6 The Licensee will warn the Licensor as soon as possible in the case of any non-authorised use of the approved IP addresses.

 

4. Responsibility of the Licensor

4.1 The Licensor will activate the Licensee’s access to the Work, which is the object of this agreement, by means of IP address verification.

4.2 The Licensor will make every reasonable effort to:

4.2.1 allow the Licensee access to the Work by means of a browser and an Internet connection for the entire subscription period;

4.2.2 ensure that the server has sufficient capacity and sufficient connection speed in order to provide the Licensee with a quality of service in accordance with current standards for the provision of online information;

4.2.3 restore access to the Work as soon as possible should the service be interrupted or suspended.

4.3 For the entire subscription period the Licensor undertakes to provide or to ensure that third parties provide a service of assistance to the Licensee with the purpose of responding rapidly to e-mails from the Licensee regarding the use and/or the practical aspects (but not the content) of the Work.

 

5. Recognition and protection of intellectual property rights

5.1 The Licensee acknowledges that all copyrights, patent rights, trademarks, service marks, software and database rights and other intellectual property rights relative to the Work (collectively known as "Intellectual Property") are the exclusive property of the Licensor and that these agreements do not give the Licensee any right to or ownership of the Intellectual Property with the exception of the right to use the work in accordance with the terms and conditions of this agreement.

5.2 The Licensee shall inform the Licensor in time of the facts and circumstances relative to any unauthorised use of the Work or of the Intellectual Property, or of any part of these.

 

6. Declarations and guarantees

6.1 The Licensor declares and guarantees being fully entitled to stipulate this licensing agreement, to grant the rights conferred in this document to the Licensee and that, furthermore, the licensed Work does not violate any patent, copyright, trademark or other third party property right.

6.2 Without prejudice to the foregoing, the Licensor does not provide any express or implicit guarantee that the Work shall be of a satisfactory quality and/or suitable for any particular use or that the Work does not contain errors.

6.3 Under no circumstance may the Licensor be held responsible by the Licensee or by third parties for eventual losses deriving from the use of the Work.

6.4 Under no circumstance may the Licensor be held responsible by the Licensee or by third parties for consequential, incidental, special or indirect damage of any nature deriving from the use of or the impossibility to make use of the Work.

 

7. Compensation and force majeure

7.1 The Licensor undertakes to defend the Licensee against all claims for compensation from third parties which might result from any act or omission of the Licensor concerning the breach of copyright and/or the property rights of third parties.

7.2 The Licensee and the Licensor will not be answerable to one another for any breach of any of the conditions provided for in this agreement resulting from force majeure and which may not be avoided by exercising due diligence.

 

8. Early termination of contract

8.1 Either party is entitled to withdraw immediately from this agreement by means of written notification should the other party commit any significant breach of the conditions provided for in this agreement.

8.2 The Licensor reserves the right, should there be reasonable grounds, to withdraw from this agreement, in its entirety or merely in part, by giving 30 days’ notice to the Licensee.

 

9. General conditions

9.1 This agreement is personal and binding for the parties and neither this agreement nor any of the entitlements connected to it may be transferred to third parties.

9.2 All notifications relative to this agreement must be put in writing and sent to both parties.

9.3 This agreement shall constitute the full and complete commitment between both parties in this matter, and shall supersede and cancel all previous agreements, understandings and communications between the parties (written or oral) and may be altered, changed, added to, deleted from, or modified, only through the voluntary, mutual consent of the parties in a written amendment signed by both parties.

9.4 Any waiver of rights deriving from this agreement shall not be construed as a waiver of any or all other rights.

9.5 The headings to the articles in this agreement merely serve to aid consultation of the same and do not constitute part of the agreement.

9.6 In case of discrepancies between the Italian text version of the agreement and any versions translated into other languages, the Italian version shall prevail.

9.7 This agreement is governed by Italian law and the Court of Milan shall have sole and exclusive jurisdiction, under consumer law, as long as the Licensee is a consumer, under retail law, should the contract of purchase be stipulated by a retailer, over any dispute arising from its interpretation, enforcement or termination.

 

NOTE OF USE

The display of eLexico.com online dictionaries is optimized for Mozilla Firefox (version 4.0 or subsequent). You can also use the following browsers: Opera (version 10.0 or subsequent), Safari (version 4.0 or subsequent), Google Chrome (version 4.0 or subsequent); Internet Explorer (version 7.0 or subsequent) may be used, but is not fully compatible.



Signing and sending the online purchase order shall constitutes the acceptance of this User Licence agreement and all its terms and conditions. After receiving your online order we will inform you if, for any reason, we are unable to approve and process your order. eLexico.com s.r.l. reserves the right to refuse any order if there are reasonable grounds. Should your order be approved you will receive an e-mail confirming the stipulation of this User Licence Agreement for the Work you have requested.
WHEREAS

- eLexico.com has developed a software solution for searching databanks and the visualisation of results named "EdPan Search Engine" (hereafter, "Software") and declares that it is the holder of the rights licensed here and to have the means to provide them;
- the Software has been developed in such a way as to form a software package that is integrated with and inseparable from the databank it is associated with in the production phase;
- the Software and the databank it is associated with constitute the Work that is the object of this User Licence and which is indicated on the order form and in the confirmation e-mail, and as described in the corresponding web page published on the www.elexico.com website

In this licence agreement the following terms have the following meanings:

- "Commercial use" means the use for the purposes of profit (on the part of the Licensee, of the end user or any other physical individual or corporate body) by means of the sale, resale, loan, transfer, hire or other form of exploitation of the Work;
- "Licensee" means the physical individual or corporate body indicated on the order form;
- "Licensor" means eLexico.com s.r.l.;

IT IS HEREBY AGREED AS FOLLOWS

Art. 1 Premise and annexes
The premise and annexes shall be considered an integral and essential part of this agreement.

Art. 2 Granting of licence, rights and restrictions on use
2.1 The Licensor grants the Licensee the non-exclusive and non-transferable right to use the Work.
2.2 The Licensee may gain access to and consult the Work on an equivalent number of computers to the number of User Licences as set out on the web page “System operation and requirements” corresponding to the Work and published on the www.elexico.com website.

Art. 3 Responsibility of the Licensee
3.1 The Licensee undertakes not to modify, adapt, translate, decompile, decode or carry out any type of reverse-engineering on the executable Software files, and not to use the Software or any part of it for purposes other than those provided for in article 2.
3.2 The Licensee moreover shall undertake not to:
3.2.1 remove or alter the copyrights of the Licensor or of third parties as they appear in the Work;
3.2.2 show or distribute part of the Work through any local or global network including, without exception, any part of the World Wide Web;
3.2.3 use the Work in whole or in part for any form of commercial use.

In the case that the Licensee infringes such restrictions, the contract will be annulled, in accordance with and as a consequence of article 1456 of the Italian Civil Code, without prejudice to all claims for compensation for all damages incurred.

Art. 4 Recognition and protection of intellectual property rights
4.1 The Licensor owns all intellectual property rights to the Software, which is protected by the law, including, without limitations, Italian and German laws regulating copyright and the provisions of international treaties.
4.2 The Licensee acknowledges that all copyrights, patent rights, trademarks, service marks, database rights and other intellectual property rights relative to the Works (collectively known as the “Intellectual Property”) are the exclusive property of the Licensor or of third parties which have stipulated agreements with the Licensor.
4.3 This contract shall not grant the Licensee any further intellectual property right over the Software other than the licence as set forth in this contract.
4.4 The Licensee shall inform the Licensor in time of the facts and circumstances relative to any unauthorised use of the Work or of the Intellectual Property, or of any part of these.

Art. 5 Declarations and guarantees
5.1 The Licensor declares and guarantees being fully entitled to stipulate this licensing agreement, to grant the rights conferred in this document to the Licensee and that, furthermore, the licensed Work does not violate any patent, copyright, trademark or other third party property right.
5.2 The Licensor declares that tests on the Software have been carried out at the Licensor’s laboratories as indicated on the web page “System operation and requirements” corresponding to the Work and published on the www.elexico.com website.
5.3 The Licensor guarantees that the Software will work on systems which meet the requirements stated in point 5.2 but cannot assume any responsibility regarding previous or subsequent versions of the hardware or software components.
5.4 Without prejudice to the foregoing, the Licensor does not provide any express or implicit guarantee that (i) the Work shall be of a satisfactory quality and/or suitable for any particular use or that the (ii) Work does not contain errors.
5.5
Under no circumstance may the Licensor be held responsible by the Licensee or by third parties for any losses deriving from the use of the Work.
5.6 Under no circumstance may the Licensor be held responsible by the Licensee or by third parties for consequential, accidental, special or indirect damages of any nature deriving from the use of or from the impossibility to make use of the Work
5.7 Apart from compensations provided for in clause 6.1, the Licensee agrees that the global liability of the Licensor towards the Licensee may not exceed the sum paid for the Work’s User Licence.

Art. 6 Compensation and force majeure
6.1 Notwithstanding the restrictions on liability set out in clause 5.6, the Licensor undertakes to defend the Licensee against all claims for compensation from third parties which might result from any act or omission of the Licensor concerning the breach of copyright and/or the property rights of third parties.

Art. 7 Early termination of contract
7.1 In the case that the Licensee is a consumer, both parties acknowledge that this agreement is regulated by article 55.2 a) of the Consumer Code, and that therefore the Licensor consents to provide the service within ten days of the signing of this agreement.
7.2 In the case that the Licensee has downloaded the trial version of the Work in accordance with article 65.5 of the Consumer Code the Licensor grants the Licensee the right to use the Work in its trial version for a thirty day period and to withdraw freely from the contract, without any obligation to purchase the Work, within that period. Should the Licensee decide not to purchase the Work at the end of this period, the contract will become automatically null and void. By deciding to purchase the Work, the Licensee shall agree to the immediate supply of the service and the rules stipulated in article 55.2 a) of the Consumer Code will be applied.

Art. 8 General conditions
8.1 This agreement is personal and binding for all parties and neither this agreement nor any of the entitlements relative to it may be transferred to third parties.
8.2 All notifications relative to this agreement must be put in writing and sent to both parties.
8.3 This agreement shall constitute the full and complete commitment between both parties in this matter, and shall supersede and cancel all previous agreements, understandings and communications between the parties (written or oral) and may be altered, changed, added to, deleted from, or modified, only through the voluntary, mutual consent of the parties in a written amendment signed by both parties.
8.4 Any waiver of rights deriving from this agreement shall not be construed as a waiver of any or all other rights.
8.5 The headings to the articles in this agreement merely serve to aid consultation of the same and do not constitute part of the agreement.
8.6 In case of discrepancies between the Italian text version of the agreement and any versions translated into other languages, the Italian version shall prevail
8.7 This agreement is governed by Italian law and the Court of Milan shall have sole and exclusive jurisdiction, under consumer law, as long as the Licensee is an Italian consumer, over any dispute arising from its interpretation, enforcement or termination.

Use of the site

The materials and consultation services contained in the site are provided in their actual and legal state without any type of express or implicit guarantee, therein including guarantees of saleability, use for specific purposes, breach of intellectual property rights.
Moreover, eLexico.com srl does not guarantee the accuracy and completeness of materials found on the website, nor its correct operation.

eLexico.com s.r.l. reserves the right to make any modification to the materials found on the website, to the products described therein and to their prices, at any time and without any obligation to communicate them.

Copyright 2013 eLexico.com - last update: 2014/08/28