1 – Object of the contract
1.1. The use of Arios software for internet communications, other software applications under the Arios brand and their related documentation, including any improvements, modifications, integrations, corrections, updates and future versions made available for free and/or for a fee, are licensed, not sold, non-assignable and non-transferable, by Arios Technology S.rl . (based in Italy, 24125 Bergamo, via Daste and Spalenga n. 11) , exclusively to download and install the Software on a personal computer, mobile phone, smartphone or other device, as well as for personal and/or professional use of the Software through the Arios personal user account (" User account ") . IT administrators who work on behalf of a company will be able to download and install the Arios Software on personal computers or other devices used by the staff of that company.
1.2 The functionality and the products made available through the Arios software , excluding products and features available with the free trial, included in the "free version" of the software, are provided by Arios Technology Srl through the Apple App Store, available for Apple iOS devices .
1.3 Arios Technology Srl retains the exclusive ownership of the Arios software and reserves all rights not expressly granted to the user.
1.4 For Arios website it is intended www.arios.tech, managed by Arios Technology S.r.l.
1.5 This License agreement constitutes the entire agreement between the user and Arios Technology Srl relating to the Arios software. No modification or integration of this License agreement will be binding except by written agreement signed by Arios Technology Srl.
2 - Limitations
2.1 The User acknowledge that it is not allowed to:
a) sublicense, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to the Arios Software to third parties;
b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompilation, disassembly, decryption, emulation, hacking, the research or the attempted search for the source code or protocols of the Software or any part or functionality;
c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
d) use the Arios Software or ensure that the same (or a part of it) is used within commercial products or services to third parties or to provide the same products or services; what has been said must not preclude the use of the Software for commercial communications, except as expressed in the following paragraph 3.1.
e) use the Arios Software except through your user account or through the appropriate "join a meeting" section, subject to the download and installation purposes.
3 – Joint use with Other Technology
3.1 If you use a preloaded, integrated, combined, distributed, used or downloaded Software together with other products, hardware, software applications, programs or devices, the user acknowledges and accepts that:
- he/she may have to enter into a separate license agreement, purchase a subscription and/or pay a commission to the relevant third party owner or licensor for the use of this Other technology;
- some Products and / or features may not be accessible through the Other technology;
- Arios cannot guarantee that the Software will always be available in connection with such Other technology.
4 - Use of the Arios Software, products and websites.
4.1 In order to use the Software and Products, the user must have a broadband internet connection. The user must have all the necessary devices to access the internet or to allow communications, such as headphones, microphones and webcams.
4.2 The Software for the internet communications can utilize the processing resources, memory, and the bandwidth of the computer (or any other applicable device) of the user, for the sole purpose of facilitating the communication and establish the internet connection between the Software users. If the use of the Software by the user for the internet communications relies on the use of a processor and bandwidth owned or controlled by a third-party, the user acknowledges and agrees that the license of use of the Software for internet communications is subject to the consent of the related third party for such use.
4.3 Arios Technology Srl can independently check the Arios software version of the User and can occasionally download updates or modifications of the Software. The user may be asked to update the Software in order to continue using Arios. The user agrees to receive such updates under this agreement, unless such updates are not accompanied by other conditions. Arios is not required to make available updates and does not guarantee that it will continue to support the version of the operating system or device for which the user has acquired the license of the Software or that the updated software will be compatible with older versions of the Software used and by end users. The updates are required to maintain software compatibility, providing bug fixing or security updates, or offer new products, features or versions. The user can completely disable the automatic updates of the Arios application at any time by changing the system settings.
4.4 Occasionally Arios will perform maintenance and/or upgrade the Software, the Products, the websites or the infrastructure that enable the use of the Software, the products or the Arios website by the User. This activity may result in Arios temporarily suspending and/or limiting the use of all or part of the Arios Software, Products or Websites until the completion of this maintenance and/or update. The user will not have the right to request compensation for such suspension or limitation of the use of the Software, Products or the Arios Website.
4.5 Arios Technology S.r.l. cannot guarantee that the Arios Software, Products or Websites will always function without interruption, delay or error. An unknown number of factors could affect the quality of communication and the use of Arios Software, Products or websites and could lead to communication issues. Arios does not accept responsibility for any malfunction, interruption or delay caused by malfunction or inadequacies caused by the user himself, by third parties or for other factors over which Arios has no control.
4.6 Arios Products and Software do not provide emergency calls to hospitals, law enforcement agencies, health units or any other type of service that connects the user to emergency or public security personnel.
5 - Content of communications
5.1 Arios does not represent the source, nor does it approve or accept any responsibility for the content of communications made through the use of the Software, including, without limitation, any multimedia content shared through Arios application.
6 - User obligations and responsibilities
6.1 Before using the Arios Software, the user must create a User Account and choose an ID and password. The user may use the Software exclusively through the User Account or the specific "join a meeting" section. The user will be solely responsible for all activities conducted through the same account. In order to prevent unauthorized use, the user must not disclose his password, nor share it with third parties or use it to access third party websites or services.
6.2 The user must use the Arios Software, Products and Websites in accordance with the laws of the country in which he is located.
6.3 The user agrees not to:
(a) intercept or monitor, damage or modify any communication intended for others;
(b) use any type of spider, virus, worm, Trojan horse, time bomb or other codes or instructions designed to distort, delete, damage, emulate or disassemble the Software, Products, Arios Websites, communications or protocols;
(c) send unsolicited communications (also defined as "spam") or any other communication not permitted by applicable regulations, use the Arios Software, Products or Websites for phishing or pharming or to impersonate or boast of an affiliation with another natural or legal person;
(d) expose any third party to offensive, harmful to minors, indecent or otherwise objectionable material;
(e) use the Arios Software, Products or Websites to cause or attempt to cause embarrassment or nuisance, threaten, harass or violate third party privacy;
(f) use any material or content subject to third party proprietary rights, unless you have the license or authorization from the rights holder;
(g) collect personally identifiable data, including account names, from the Software, Arios Products or Websites;
(h) influence or attempt to influence the availability of Arios Software, Products or Websites, for example with DoS (Denial of Service) or DDoS (Distributed Denial of Service) network attacks;
(i) use or launch automatic systems to access the Arios Software, Products or Websites.
6.4 The user acknowledges and accepts that:
- by using the Arios Websites and/or the Software, the user can expose himself to content that may be offensive or indecent and does so at his/her own risk;
- the user is solely responsible and Arios assumes no responsibility towards the user and/or third parties for the content created, sent, exposed and/or published by the user on the Arios Websites or through the Arios Software.
6.5 Arios software may be subject to international standards governing the export of software. Therefore, the user must comply with all national and international laws regarding the Software, as well as all the limitations relating to the end user, the end use and the destination imposed by local governments or similar entities and the limitations imposed for Embargoed countries.
7 - Termination of the contract with Arios Technology S.r.l.
7.1 The user can terminate his relationship with Arios Technology S.r.l. at any time, without resorting to legal proceedings, requesting the closure of his/her User Account and interrupting the use of the Arios Software, Products and/or Websites.
- if Arios reasonably suspects that the user uses the Arios Software, Products and/or Websites to violate the law or the rights of third parties;
- if Arios reasonably suspects that the user is using the Arios Products, Software and/or Websites fraudulently or that the user account is being used fraudulently by third parties;
- immediately if requested due to changes or interpretation contrary to laws or where required by the legislator or other competent authority;
- with thirty (30) days' notice, if Arios decides to discontinue the web offer of the Software.
7.3 Arios Technology S.r.l. will consider such termination valid by preventing access to the user's Account, Software, Products and/or Arios Websites.
7.4 Following the termination of the relationship, all licenses and rights to use the Arios Software, Products and/or Websites will cease immediately, the user must cease all use of the Arios Software, Products and/or Websites. and must remove the Software from all hard drives, networks and other electronic media, destroying all copies of the Software in its possession or under its control.
8 - Limitation of liability and compensation.
8.1 All Arios services and products are provided "as it is" and Arios Technology S.r.l. does not guarantee that the Arios Software, Products and/or Websites will meet the user's expectations and that they will be compatible and integrable with any software, applications and/or services, also from third parties.
8.2 To the maximum extent permitted by law, the Arios Software, Products and websites are provided without ancillary guarantees and the user expressly recognizes and agrees that the use of the Arios software and any other service offered by Arios Technology S.r.l. through Arios software is at his/her sole risk.
8.3 The user acknowledges and accepts that Arios Technology S.r.l. will not have any responsibility, whether deriving from the contract, from offenses or from other assumptions of liability, in relation to the improper use of the Arios Software, Products and websites by the user or by third parties external to the contractual relationship.
8.4 The only contractual remedy reserved for the user with respect to any problems or dissatisfactions relating to the Arios Software, products and/or websites is to immediately uninstall the Software and stop using them.
8.5 Arios Technology S.r.l. will not have any responsibility towards the user, both contractual and non-contractual in relation to:
(a) any indirect, peculiar, occasional or consequential damage;
(b) any loss of revenue, assets, profits (actual or potential), opportunities and/or direct or indirect advantages;
(c) possible data corruption;
(d) any request for compensation, damage or loss (direct or indirect) deriving from the impossibility by the user to use the Software to call the Emergency Services;
8.6 To the extent not prohibited by applicable law, in no case Arios Technology S.r.l. will be responsible for personal injury and/or for any incidental, special, direct, indirect or consequential damage, including emerging damage, loss of profit and loss of data, resulting from or related to the misuse by the user of the services and of Arios products.
9 – Governing Law
9.1 This agreement and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) between Arios Technology S.r.l. and the user shall be governed by and construed in accordance with the law of Italy.
9.2 If the user is a consumers, the court of his place of residence shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes and claims); if the user is a professional, each party irrevocably agrees that the court of Bergamo, Italy shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes and claims).
10.7 The Arios Software and Products are intended for your personal use and must not be resold or marketed to third parties. In case of violation, Arios Technology Srl will reserve the right to take legal action to obtain compensation for all damages suffered.