Terms of use of the configurator

The following General Terms and Conditions of Use for the license govern the use of the software called “Alusic Configurator” (hereinafter referred to as the “Software”) and apply exclusively to the server software provided through the online platform “Alusic Configurator.” These general terms are considered fully reviewed and accepted by the User upon the first use of the Software.

1. License of Use

1.1 Alusic s.r.l. grants the User, who accepts, a license to use the Software under the terms described in this document. The User agrees that the Software is intended solely for the purpose of its installation and use for Alusic s.r.l.’s automatic configurator for conveyors, called “Alusic Configurator.” 1.2 Any use of the Software other than that provided in Article 1 is unauthorized and strictly prohibited. 1.3 The User acknowledges and agrees that the Software license is granted by Alusic s.r.l. for an indefinite period, provided that Alusic s.r.l. reserves the right to suspend and/or revoke it, temporarily or permanently, at any time without notice. Furthermore, Alusic s.r.l. reserves the right to block and/or delete the User’s account at its own discretion. 1.4 The Software provided includes a save option for data entered by the User; however, Alusic s.r.l. does not guarantee the backup or storage of these data copies. 1.5 Alusic s.r.l. informs the User that the Software cannot be considered error-free for all possible applications and uses. No claims will be accepted against Alusic s.r.l. for potential Software errors. Updated versions of the Software may introduce new errors or correct previous ones; however, the User has no right to make a claim to Alusic s.r.l. if the updated version does not fix potential errors. 1.6 The User acknowledges and accepts that the Software is not suitable for any specific purpose or results other than those stated in Article 1.1. 1.7 Alusic s.r.l. will provide the User with specific credentials and a password, on the condition that the User will not share these credentials and/or password with third parties. The User also acknowledges that their credentials may be reassigned to a new User if their Software use is not continuous.

2. Restrictions on the Right to Use

2.1 The User is not authorized to modify, adapt, or translate the Software or incorporate it into another program. The User is not permitted to reverse engineer, decode, or extract any part of the Software program. The User may not decompile, disassemble, or reverse engineer the Software or attempt to derive the source code. If the User is legally authorized to reverse engineer or decompile to obtain full functionality or interoperability with other Software programs, the User must inform Alusic s.r.l. in advance of the nature and purpose of the intended activity. Decompilation is permitted only if the User demonstrates a legal and legitimate interest in performing this activity. 2.3 Information provided by Alusic s.r.l. or obtained by the User within the limits permitted in this article may be used exclusively for the described purposes and shall not be disclosed to third parties or used to create similar software.

3. Software License

3.1 The User acknowledges Alusic s.r.l.’s intellectual property rights to the Software, and these General Terms and Conditions only grant a non-transferable, non-exclusive, royalty-free right and license to use the Software, without any transfer of ownership. 3.2 The User does not acquire any further or different rights than those granted in this license. 3.3 The User understands and acknowledges that the Software is protected by Italian and international copyright and intellectual property laws. 3.4 The User irrevocably acknowledges that, subject to the licenses granted in this document, they have no ownership interest in the Software provided to them. Alusic s.r.l. holds all rights, title, and interests in this Software, not subject to any limitations related to third-party intellectual property. Alusic s.r.l. reserves all rights not expressly granted in this document.

4. Warranty and Liability

4.1 The Software is provided on an “as-is” basis. Except for any mandatory legal warranty, condition, representation, or term, Alusic s.r.l. and its suppliers make no express or implied warranties regarding the Software. 4.2 Except for liability under any mandatory provision, Alusic s.r.l. excludes any liability, both contractual and non-contractual, for direct and indirect damages caused by the User or third parties in using or failing to use the Software. 4.3 Alusic s.r.l. reserves the right to make changes and/or improvements to products and/or programs in the Software without notice and at any time. 4.4 The User is responsible for verifying the accuracy of the results and the reliability of the data entered. 4.5 The User agrees to release and indemnify Alusic s.r.l. from any liability in the event of claims, lawsuits, complaints from authorities, or other parties arising from the use or non-use of the Software.

5. Intellectual Property Protection

5.1 The Software contains the registered trademark “Alusic s.r.l.” All intellectual property rights within the Software, including know-how, trademarks, trade secrets, and licenses of Alusic s.r.l., are reserved. The use of the Software does not authorize the copying or use of intellectual or industrial property, which is exclusively the right of Alusic s.r.l. All materials included are subject to Alusic s.r.l.’s property rights. 5.2 The User may not register the logo and/or trademark of Alusic s.r.l. in any country worldwide, nor any similar trademark that could be confused with Alusic s.r.l.’s trademark.

6. Protection of User Credentials and Password

6.1 The identification code and password provided by Alusic s.r.l. are personal and confidential and must be kept secure. It is strictly forbidden to transfer or share login credentials. Any violation of these prohibitions will result in the loss of access rights and make the User liable to Alusic s.r.l. for any damage caused by such a breach. The User is solely responsible for securing their password against unauthorized use. The User is responsible for safeguarding their credentials and password.

7. Disclaimer of Liability

7.1 Alusic s.r.l. shall have no liability arising from or related to this Software license for any direct or indirect damages, loss of profits, revenue, goodwill, or indirect, special, incidental, consequential, or punitive damages, whether in contract or tort and regardless of the liability theory, even if Alusic s.r.l. has been advised of the possibility of such damages or if Alusic s.r.l.’s remedy fails its essential purpose. This disclaimer does not apply where prohibited by law.

8. Governing Law and Jurisdiction

8.1 If the User is in a country that accepts the choice of law, these General Terms and Conditions shall be interpreted and enforced in accordance with Italian law. For Users in countries that do not accept the choice of law, the applicable law shall be that of the User’s country. 8.2 Depending on the country where the User’s legal entity is based, any disputes shall be resolved as follows:

• EU-based Users: any dispute shall be resolved before the Court of Turin.
• Non-EU-based Users: any dispute shall be resolved by a single Judge according to the ICC’s rules, with arbitration in Geneva, Switzerland, in English.
• China-based Users: any dispute shall be resolved by a single Judge according to CIETAC’s rules, with arbitration in Shanghai, China, in English.
• Hong Kong-based Users: disputes regarding these Terms shall be resolved by HKIAC arbitration rules, with a single Judge, in English, and arbitration in Hong Kong.
• UAE-based Users: disputes shall be resolved by a single Judge under DIAC rules, with arbitration in Dubai, UAE, in English.
• GCC countries (except UAE): disputes shall be resolved by a single Judge under GCCAC rules, with arbitration in the User’s capital, in English.