END USER LICENSE AGREEMENT
APP “Eco Domestic Heating”
This end user license agreement (“EULA”) is between IRCA S.p.A., an Italian company with offices at Viale Venezia, 31 – 31020 San Vendemiano (Treviso, Italy), Italian VAT n° 01168660262 (“IRCA”) and the user (“User”) of the “Eco Domestic Heating” software application (“App”). This EULA sets forth the terms and conditions governing the User’s use of the App.
The App’s purpose is to allow users of IRCA radiators and electrical towel rails (“Products”) to control, monitor, manage and communicate with their Products through mobile smart devices (i.e. smartphones and tablets).
The App, therefore, is only for owners or legitimate users of such Products, being of legal age under their jurisdiction. The App is a software that may only be downloaded to mobile smart devices and may only be used in connection with an IRCA Product.
The App is provided for free and is only for the User’s personal use, not for commercial or business use.
The App is currently available on devices carrying iOS and Android operating systems, for Users and Products located in European countries.
- Acceptance and registration
1.1 By downloading, installing and using the App, the User accepts to be bound by the terms and conditions of this EULA in their entirety.
1.2 In order to download, install and use the App, the User must register for an account and provide a username, a password and an e-mail address and/or other information as may be requested. The User is responsible for the accuracy of the information provided, for the proper and lawful use of the App, as well as for the custody and safeguarding of his account login information and his smart device. The User shall immediately notify IRCA if he learns of any unauthorized use of his account or any other breach of security, or the loss or theft of his smart device where the App is installed. IRCA may not be held liable for any loss or damage arising from such events or for the User’s failure to comply with the above provisions. Should the User dismiss or assign his smart device to third parties, he shall promptly remove the App from such device and this EULA shall terminate.
- – Purpose of the EULA and restrictions
2.1 Subject to the terms, conditions and limitations set forth herein, IRCA grants the User a royalty-free, non-exclusive, non-assignable and non-licensable license to download, install and use the App only in connection with the use of Products owned by the User through mobile smart devices owned by the User. The App is licensed, not sold.
2.2 Any further rights are hereby expressly excluded. IRCA remains the exclusive owner of the App and is entitled to any and all intellectual property rights thereon.
2.3 The User may not:
- copy, reproduce, display, post, transmit, publish, assign or allow others to use, modify or create derivative works from the App or develop similar or competitive applications;
- translate, adapt or modify the App, incorporate it in another apps or software or intervene on it in any other way, even if the above is necessary for using it or for correcting errors;
- decode, decompile, disassemble, reverse-engineer the App or any part thereof, except where and to the extent otherwise prescribed by mandatory law provisions. It is however understood that any information obtained in the above cases (i) may not be used by the User for any purposes other than those strictly allowed by the law, (ii) may not be transferred or made available or communicated to any third party in any manner, (iii) may not be used to develop, manufacture and/or market a software substantially similar to the App or for any other conduct having the purpose or the effect to infringe IRCA’s copyright and other reserved rights;
- sell, distribute, assign, lease or sub-license the App or in any way transfer the App to third parties or otherwise commercially exploit it;
- transmit computer viruses, worms, trojans or other software or items having the purpose or the effect to damage or interfere in any other manner with the functioning of the App;
- remove any trademarks, logos or copyright notices of IRCA and/or third parties licensors.
- – Termination; Modifications
3.1 This EULA shall continue as long as the User properly uses the App in connection with a Product he owns.
3.2 Notwithstanding the above:
- IRCA may terminate the App and/or this EULA at any time without prior notice and without liability; and
- the User may cease using the App and terminate this EULA by uninstalling the App from his devices at any time.
3.3 In addition, IRCA may terminate this EULA at any time, by written notice effective immediately, in case of breach by the User of the terms of this EULA and particularly Art.2, Art.4, Art.9.5. The above is without prejudice to any further rights and remedies available to IRCA by law.
3.4 Termination of this EULA implies that the User’s right to use the App expires and the User’s access to and use of the App will be permanently disabled.
3.5 IRCA may at any time temporarily suspend or interrupt the App for technical or other reasons, without being obliged to provide prior notice to the User and without any liability.
- – Industrial and Intellectual property rights
4.1 The App, all related software and content (including without limitation any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, etc.) are the exclusive property of IRCA (or IRCA’s licensors where applicable) and are protected by copyright laws as creative works, as well as by the laws on know-how, trade secrets, trademarks, patents and unfair competition under the relevant conditions. All intellectual property rights in the App belong solely to IRCA without prejudice to IRCA’s licensors rights where and to the extent applicable.
4.2 Ownership and all commercial exploitation rights on the App – including the rights to bring changes or additions to the App or to combine it with another software – are reserved exclusively to IRCA.
4.3 The User may not remove, move or otherwise alter any logo and trademarks placed on the App nor may the User in any way use the same. This EULA does not imply any license or authorization to use any trademarks or logos belonging to IRCA or to third party licensors.
- – Disclaimer of Warranties and Limitation of Liability
5.1 Notwithstanding anything to the contrary and to the maximum extent permitted by the applicable laws, IRCA provides the App “as-is”, and disclaims any and all warranties relating thereto. IRCA may not guarantee that the use of the App will be uninterrupted, free of viruses, timely, secure, reliable, free of errors or malfunctions, or that such errors or malfunctions can be corrected. Nor may IRCA guarantee that: the use of the App will meet any User’s requirements or will bring him any specific results or benefits; or that the App will be compatible with the User’s mobile device.
5.2 The User acknowledges and agrees that neither the Products nor the App may provide emergency notification services, therefore they may not be used as, or replace emergency or lifesaving services. Any alarms or notifications that may be available through the App are provided for informational purposes only.
5.3 IRCA does not guarantee that using the Products or the App will provide any specific level of energy savings or other monetary benefits. Energy savings depend upon many factors outside IRCA’s control. Any information or suggestions provided by IRCA in this respect may not be intended as guarantees. Also, any information that may be provided by the App regarding the Product, are provided “as is” with no guarantee.
5.4 Without prejudice to the above, IRCA disclaims any liability in cases where the App may not be used by User for reasons due to the device, the operating systems, the app stores, the internet service providers, as well as for any other reasons due to the action or inaction of third parties or other reasons or causes IRCA is not responsible for, as well as in case of force majeure events. The User acknowledges and agrees that the App may not be used without a working proper internet connection, nor without a proper mobile device, nor without registering a valid account. Other requirements may be provided by IRCA from time to time. The User is fully responsible for any information it provides.
5.5 In any event, IRCA may never be held responsible or liable to the User or to third parties for any direct, indirect or consequential damages (including without limitation damages for lost profits, business interruption, loss of data, damages to the heating and cooling system, plumbing, home, products, other peripherals connected to the product, computer, mobile device, and all other User’s items or pets, or any other damages whatsoever) caused by the use or non-use of the App or by defects of the same or anyway by IRCA’s breach, unless they are caused by intentional or grossly negligent actions or except as provided for by mandatory law provisions. The User shall indemnify IRCA from and against any and all damages, liabilities, claims or demands arising from User’s use of the App, breach of the terms of this EULA, law violations.
- – Updates
6.1 IRCA may in its sole discretion and without the need of prior notice to or consent from the User, from time to time develop updates, upgrades, bug fixes, patches and other changes aiming at improving the performance of the App and/or aiming at correcting any errors.
6.2 Updates and other modifications as above may be automatically installed and the User hereby consents to this automatic update. The User’s only remedy against receiving any such updates or other modifications, is to terminate his account and stop using the App. Continuing to use the App means acceptance by the User of the App so modified.
6.3 Notwithstanding the above, IRCA is not obliged to regularly update the App in order to adapt it to those changes in technical requirements as may be established by the operating system providers (such as for example, iOS or Android) for the User’s device, or for any other reason or purpose.
6.4 This EULA shall apply to any updates, upgrades etc. supplied to the User, without the need of obtaining an express consent thereto.
- – Governing law and Jurisdiction
8.1 This EULA is governed by the Italian laws.
8.2 The courts of Italy shall have the exclusive jurisdiction on any disputes between IRCA and the User, arising from or connected with this EULA.
- – Final provisions
9.1 This EULA represents the entire agreement between the parties with regard to the User’s use of the App and therefore supersedes and replaces any other agreement between the Parties with regard to the subject matter thereof.
9.2 IRCA may at any time modify the terms of this EULA. The User will be informed in advance and will be provided the option to accept or refuse the modifications. However, refusing the modifications will imply termination of this EULA and inability to use the App. Continued use of the App means full acceptance of the EULA so modified.
9.3 IRCA’s failure to react against a breach of the terms of this EULA by the User, shall not imply waiver of any rights arising herefrom.
9.4 The User hereby consents to receive communications from IRCA by e-mail and/or by other means available. The User hereby agrees that any notices, disclosures, agreements and other communications that IRCA provides to the User electronically satisfy any legal requirement that such communication be in writing. Any claims or technical support requests should be sent by e-mail addressed to email@example.com.
9.5 The User may not assign or transfer any rights or obligations arising from this EULA to third parties, without IRCA’s written consent. IRCA may assign this EULA to any affiliate entities at any time, without the need to obtain the User’s prior written consent.