End user license agreement for iC Tool

It is necessary to read the contents of this license agreement before installing or using iC Tool. Installing or using iC Tool means your acceptance of the terms of use of this software in accordance with this agreement.

I. The end user license agreement for iC Tool software ("Agreement") is concluded between iSMA CONTROLLI S.p.A. with headquarter in Sant’Olcese (GE), Via Carlo Levi, 52 - Italy, business register by Genoa no. REA GE-419324, Vat ID and ID reg. no. 01572610994 ("iSMA CONTROLLI") and the end user, who is a natural or legal person or an organizational unit without legal personality ("User").

II. The Agreement entitles the User to use iC Tool in a manner consistent with its provisions. The Agreement is only a specification of the rights and methods of using the iC Tool software and is not a sales agreement.

III. By clicking "I accept" when downloading or installing iC Tool, means the User agrees to the terms set out in this Agreement. If the User does not agree to any of the conditions set out in this Agreement, he should immediately click the "I do not accept" option and cancel the download or installation of iC Tool software.


§ 1 Object of the Agreement
1. The object of the license granted under the Agreement to the User is iC Tool software and all its components ("Software").
2. The software is a computer application used for programming, work monitoring, setting work parameters and configuring iSMA CONTROLLI Products.
3. "iSMA CONTROLLI Products" should be understood as all iSMA products 
4. iSMA CONTROLLI declares and the User acknowledges and confirms that iSMA CONTROLLI is the author and the owner of the Software and has proprietary copyrights to the Software.

§ 2 Software installation and minimum requirements
1. The User downloads the Software from the Internet.The software must be installed on a properly configured computer.
2. For correct installation and operation of the Software, the User's computer must meet the following minimum requirements: Processor (CPU): Intel Core i3-3xxx or equivalent; Memory: 4GB RAM; Storage: 50 GB internal hard driver; Ethernet 100 Mbit or 1Gbit NIC; Internet access for license confirmation.
3. For proper operation of the Software, it may be necessary to periodically connect the computer with the Internet at least once a month for about one hour depending on the speed of data transfer.

§ 3 User's rights and obligations
1. Provided that all conditions of this Agreement are met, the User shall receive a non-exclusive non-transferable and revocable right to install the Software on the computer hard disk or other medium for permanent data storage, to install the Software in the computer system memory and to implement and display the Software.
2. The User has the right to use the Software only for the purpose of programming, monitoring work and setting work parameters and configuration of iSMA CONTROLLI Products. It is prohibited to use the Software to perform actions on products that are not iSMA CONTROLLI Products.
3. The right to use the Software resulting from the Agreement is limited to one User, i.e. the Software can be installed only on one computer system (hard disk or other medium for permanent data storage).
4. It is forbidden to use the Software in a manner inconsistent with the Agreement, in particular: reselling, renting, leasing, copying, lending, sub-licensing, granting under any legal title or unlicensed to third parties in whole or in part: de-coding, translating, making changes or in any other way interfering with the Software; creation of derivative software.
5. The User may not use the Software if iSMA CONTROLLI Product has been acquired in illegal way.


§ 4 Reservations and updates
1. iSMA CONTROLLI reserves all rights to the Software except as expressly provided to the User under this Agreement.
2. iSMA CONTROLLI is entitled but not obligated to make changes to the Software in the form of updates (hereinafter referred to as: "Updates"), and it is not limited by any dates for such changes. Updating requires a license for the original Software to be upgraded. To the extent that the Update replaces the original Software, the User loses the right to use the original Software. This Agreement applies to all Updates unless the iSMA CONTROLLI provides other terms together with the Update. In the event of inconsistency between this Agreement and the special conditions attached to the Update, the special conditions shall prevail.

§ 5 Sharing hardware data
1. The User agrees that the Software may send information about the computer system and computer environment of the User's computer to the iSMA CONTROLLI servers during the installation, Update and in case of errors in the operation of the Software.
2. The User authorizes the iSMA CONTROLLI to transfer, process and store data enabling the iSMA CONTROLLI to verify the identity of the User. The User hereby agrees that iSMA CONTROLLI will use its own means to check whether the User uses the Software in accordance with the provisions of the Agreement. The User agrees that within communication between the Software and iSMA CONTROLLI computer systems due data will be transmitted to ensure the correct operation of the Software and to authorize the Use of the Software, as well as to protect the rights of iSMA CONTROLLI. Upon the conclusion of this Agreement, iSMA CONTROLLI will be entitled to transfer, process and store relevant data identifying the User for purposes related to the performance of this Agreement.
3. The controller of the personal data referred to above, pursuant to art. 6 (1a, 1b and 1f) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: GDPR) is iSMA CONTROLLI S.p.A. with headquarter in Sant’Olcese (GE), Via Carlo Levi, 52 - Italy, business register by Genoa no. REA GE-419324, Vat ID and ID reg. no. 01572610994 (“the “Controller”). . Personal data of the User are processed only for the purposes referred to in §5 section 2 of the Agreement. The User gives his personal data voluntarily and has the right to access, correct, request deletion, restrict processing, object to the processing of his personal data and withdraw his consent if it was given (which, however, has no effect on the processing before its withdrawal). In addition, the User has the right to lodge a complaint to the supervisory authority if his data is processed in violation of legal requirements.

§ 6 Using other programs 
1. In addition to the elements belonging to iSMA CONTROLLI, the Software includes software belonging to other entities ("Programs of Other Entities"). Programs of Other Entities may be licensed to the User under the terms of the respective license agreement of another entity.
2. The software uses a Lato type font.Terms of use of the font by iSMA CONTROLLI and the User are available on the website: 
http://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&id=OFL_web.
3. The Software uses a diagramming software libraries – yFiles.NET software, which belonged to yWorks GmbH.Terms of use of the yFiles.NET software are available on the website: https://www.yworks.com/products/yfiles-net/license-types

§ 7 Exclusion of responsibility
1. iSMA CONTROLLI provides the User with a ready software, i.e. " as it is " – iSMA CONTROLLI does not undertake to supplement or modify it to adapt to any User or User’s hardware requirements.
2. iSMA CONTROLLI is not responsible for the suitability of the Software to the User's purposes and not for the consequences resulting from its use. iSMA CONTROLLI does not guarantee that the Software will be error-free and will function without interruption.
3. The User expressly acknowledges and agrees that to the extent permitted by applicable law, uses the Software at its sole risk and assumes the risks related to the quality, performance and accuracy of the Software.
4. The User accepts that the Software is not intended for use in situations or environments where failures, delays, errors or inaccuracies in the content of data or information provided by the Software could lead to death, personal injury or damage or damage to property or the environment.
5. To the extent permitted by law, iSMA CONTROLLI is not responsible for any guaranty or warranty. In no event shall iSMA CONTROLLI be liable for any indirect, incidental, extraordinary, consequential or moral damages, or for any loss of profits, income or possibility of use of the data.

§ 8 Duration and amendment of the Agreement
1. The Agreement enters into force as of the date of the User's consent to the terms and conditions set out in this Agreement – by clicking the "I accept" option when downloading or installing the Software – and remains in effect until it is terminated.
2. The User may terminate this Agreement at any time by permanent uninstalling and destroying the Software and any related materials provided by iSMA CONTROLLI.
3. The Agreement is automatically terminated if the User violates any of its provisions.
4. iSMA CONTROLLI reserves the right to make changes to this Agreement, as well as the right for unilateral termination without notice. The current version of the Agreement is available on the website https://support.ismacontrolli.com/Software%20%26%20Tools/iC%20Tool/. Uninterrupted use of the Software means that the User agrees to all changes to the Agreement made by iSMA CONTROLLI.
5. Regardless of the reason for termination of this Agreement after its termination the provisions of §1 item 4, §3 item 3 and 5, §7 and §9 remain in force.

§ 9 Applicable law and general provisions
1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Italy. The User and iSMA CONTROLLI hereby agree that the principles of the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. The User expressly agree that any disputes or claims ensuing from this Agreement with respect to iSMA CONTROLLI or any disputes or claims relating to use of the Software shall be settled by Genoa Courts and the User expressly agree to the said court exercising jurisdiction.
2. Should any of the provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the other provisions of the Agreement, which shall remain valid and enforceable under the conditions stipulated therein. In case of a discrepancy between language versions of this Agreement, the English version shall prevail. This Agreement may only be modified in written form, signed by an authorized representative of iSMA CONTROLLI, or a person expressly authorized to act in this capacity under the terms of a power of attorney.
3. This is the entire Agreement between iSMA CONTROLLI and the User relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.