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On 25th May 2018, the new General Data Protection Regulation 2016/679 (GDPR) is fully applicable. In order to correctly comply with the provisions and be compliant with the new Regulations, Imagicle S.p.A is particularly dedicated to protecting its Customers, Suppliers, Partners and Employees (or potential)' privacy and data processing.
In compliance with the provisions of Articles 13 and 14 of EU Regulation 2016/679 (hereafter "GDPR"), as part of the protection of personal data, Imagicle S.p.A (hereinafter "Imagicle") provides users with the following information:
Data controller
The data controller is Imagicle S.p.A., legally established in Via Fondacci, 272 - 55054 Massarosa (LU).
Data processor
The updated and complete list of external data processor, with which Imagicle has signed an agreement to treatment, is kept at its registered office. The designation of a DPO is not currently foreseen. When necessary, the current information will be updated promptly with the contact details of the appointee.
For additional information on personal data protection, please contact: imagicle@legalmail.it.
The purpose of processing
In compliance with the articles 13 and 14 of the Regulations, in relation to the personal data which will come into its possession as Data Controller, Imagicle provides the following information.
Personal data, as defined by art. 4 n. 1) of the GDPR provided by the user and by the Customer will be processed in compliance with this article and in any case in compliance with the current legislation on the protection of personal data. The data will be processed for institutional purposes, connected or instrumental to the activity of Imagicle and in particular:
Personal data recipients or categories of recipients
The categories of recipients of personal data are:
Data communication and distribution
Data processing
Nature of the provision of data
Certain types of data are essential to the establishment of a contractual relationship to the continuation of an existing relationship. Other data are not required for these purposes. In the first case, data must be provided, while this is optional in the second. Therefore, data must be provided when required by law or when indispensable for organizational needs and to provide the requested services.
Refusal to provide this data would prevent the establishment of a contractual relationship and the provision of the related services.
Data transfer
Personal data are stored both on servers located within the European Union and on servers located in third countries, which are within the USA. In this case, Imagicle ensures from now on that the transfer of non-EU data will take place in accordance with the applicable legal provisions, subject to the stipulation of the standard contractual clauses provided by the European Commission.
Data retention period
Data subjects rights
Procedures for the exercise of any right
The concerned party may exercise the rights at any time by calling or sending:
Categories of personal data involved
The data processed by Imagicle are personal data and, on some occasions, sensitive data. Data are processed by Imagicle in a lawfully, fairly and transparent manner in relation to the data subject.
Updated on Wednesday, May 23rd, 2018
These Terms and Conditions are the exclusive terms and conditions under which Imagicle S.p.a. (hereinafter "Imagicle") sells and/or provides to you (“You” or “Customer”), and You purchase and/or accept from Imagicle software products, which license can either be perpetual or for a specified period of time (together, “Products”). Secondly, Imagicle sells and/or provides to You and You purchase and/or accept from Imagicle services, including, but not limited to, Technical Support and Software Maintenance Services and Professional Services for deployment, configuration and user training (together, “Services”). “Subscriptions” are hereunder referred to Imagicle software licenses purchased for a specified period of time and to Technical Support and Software Maintenance services purchased for a specified period of time.
If Customer has agreed to terms and conditions applicable to this sale of Product and/or Services, then those terms and conditions shall apply to this sale of Product and/or Services. The Customer agrees to be bound by these Terms and Conditions and the entire Documentation relating to the Products by placing an order, or when consenting, explicitly or implicitly, to the provision of an Imagicle Service. These Terms and Conditions constitute a binding contract between You and Imagicle (together, the “Parties” and individually, each a “Party”). They are subject to change without prior notice, except that the Terms and Conditions posted on Imagicle’s website at the time You place an order will govern the order in question. Unless otherwise stipulated in specific Agreement between the Parties, these Terms and Conditions of Sale govern the purchase of Products and Services between Imagicle spa and the Customer.
The Contract is constituted, in addition to these Terms and Conditions of sale and the Sales Order, of the following components, relevant to specific cases:
which form a fundamental and substantial part of the Contract.
Customer orders the Imagicle Products and Services via one or more Sales Orders issued to orders@imagicle.com or to its Imagicle contact.
Sales Order means a completed version of Imagicle’s standard form of sales order for the Products and Services, or other form of order acceptable to Imagicle, that has been submitted to Imagicle by Customer or an Imagicle’s authorized reseller (“Reseller”) from whom Customer is purchasing Software license rights, and that Imagicle has accepted in writing or delivering Products and Services. Each Sales Order will specify: (i) a description of the Products to be licensed, (ii) the license metrics and other scope limitations applicable to the Products, (iii) the term of the Product and the term of Service, (iv) the fees to be paid for the Products and related Services, (iv) any additional terms and conditions as may be mutually agreed upon by Imagicle and the Customer or its Reseller.
Sales Order Effective Date (or Contract Effective Date) means, with respect to each Sales Order, the effective date specified in the Sale Order or, if none, the date on which the last of Imagicle and Customer executes the Sales Order. If Customer purchases Products and Services through a Reseller, the Sales Order Effective Date is upon Imagicle’s acceptance of the Sales Order following its submission by the Reseller. In such case certain of Customer’s obligations hereunder may be performed through the Reseller instead of directly to Imagicle, all pursuant to any instructions the Reseller provides to the Customer. Reseller is authorized and/or required to delegate certain rights and/or obligations hereunder to the Customer.
If Customer requires that a purchase order “PO” be issued before making payment under an Order Form, Customer must provide to Imagicle such valid PO conforming to the applicable Order Form in time for Customer to meet its payment obligations. The terms and conditions of any PO (or of any other unilateral Customer document not agreed in writing by authorized representatives of both Parties) will have no effect on the rights or obligations of the Parties, regardless of any failure to object to such terms and conditions.
Subject to these Terms and Conditions, pricing for Products and Services can be found in the customer area on the Imagicle website accessible through user credentials and passwords provided by Imagicle, or established in the bids/quotations proposed to the Customer. Bids/quotes expire after thirty (30) days, unless otherwise specified in the offer made to the Customer. Prices displayed are always tax excluded, which will be calculated subsequently based on the billing address of the customer. Imagicle reserves the right to make adjustments to Product and Services' pricing for reasons including, but not limited to:
Each Sales Order will commence on the Sales Order Effective Date, and will continue for the period specified in the Sales Order or, if not so specified, one year, which is the minimum “Initial Term”. Unless otherwise specified in the Sales Order, the Initial Term will automatically renew for additional terms of the same length as the Initial Term (each a “Renewal Term”) unless either party declines renewal by notice in writing to that effect delivered to the other party at least thirty (30) days prior to expiration of the then current term. The Initial Term and each Renewal Term are individually referred to in this Contract as the “License Term”.
Fees for Subscriptions could be subject to annual increases, which will be effective beginning upon the first day of each Renewal Term. Imagicle will notify Customer of any increase prior to its becoming effective; notice may be in a form of an invoice. If Customer objects to the increase, then Customer may terminate its License; any such termination will be effective on expiration of the then current License Term. Customer acknowledges that expiration of any discount or incentive programs to which Customer was previously entitled do not constitute fee increases.
Customer may terminate any Sales Order for convenience following expiration of the Initial Term specified in the Sales Order, upon not less than 30 days prior written notice to Imagicle. If Customer terminates any Sales Order, Customer will not be entitled to any refund of Subscription Fees paid or relief from Subscription Fees payable under such Sales Order.
If either Party materially breaches any of its obligations under this Contract and fails to cure such breach within thirty (30) days from the date it receives from the non-breaching Party a notice of the breach and a demand for cure, then the non- breaching Party may terminate all or any affected Sales Orders, Licenses or related services immediately on notice. Without limiting the foregoing, Customer’s failure to pay past due Subscription Fees within 15 days of receipt of a written notice of late payment will constitute a material breach of the applicable Sales Order and of the Subscription. If Customer has not cured a material breach within the applicable cure period then, until Customer has cured the breach in full, Imagicle may, in its sole discretion, and without prejudice to its other rights following material breach and failure to cure, (i) suspend performance of some or all of Imagicle’s obligations under the applicable Sales Order, including obligations to provide Products and Services; and (ii) suspend the Products and Services granted pursuant to the applicable Sales Order. Notice of termination for any Sales Order will not be interpreted to be notice of termination for any other Sales Order.
Upon any termination or expiration of a License Customer will destroy all copies of the Software and the Documentation within its custody or control within thirty (30) days of such termination; and (ii) each Party will return or destroy all copies of any Confidential Information of the other.
No expiration or termination of this Contract or of any Sales Order will relieve Customer of its obligation to pay any amounts accruing under such Sales Order prior to such expiration or termination.
Upon request by Imagicle, Customer will provide Imagicle with, or permit Imagicle to generate, a report generated by the Software indicating Customer’s compliance with the license metrics and other scope limitations applicable to the Products for the period specified in the request. In the event of any use in excess of the License rights for which Customer has paid, Customer will promptly pay Imagicle Subscription Fees for such excess use at the rates specified in the applicable Sales Order. Upon receipt of such Subscription Fees, Imagicle will extend the License to cover the excess.
All obligations to pay fees and charges for Products and Services are non-cancelable and all payments are non-refundable. Customer must make all payments without setoffs, withholdings or deductions of any kind.
Customer must pay all Fees and charges due under all order forms in advance or as specified in the Sales Order. Customer will make all payments in the currency specified in the Sales Order. All invoices issued by Imagicle shall be paid Wire transfer (ETF), Credit card, PayPal or as specified in the applicable Sales Order.
In case of payment delays, Imagicle reserves the right to inhibit the use of the Products and/or to suspend access to the Services. Without formal notice, Imagicle may impose a finance charge of 1.0% per month on amounts unpaid by Customer on their due date, computed for each day that the payment is late. In case of payment in installments or any other one-off sums owed, the non-payment of even one installment determines the termination, for the Customer, of the benefit of the term, empowering Imagicle to demand immediate payment of the entire sum.
It is understood that, in the event of termination of the relationship, the Customer will be required to pay, with a single payment, all sums established by the installment plan. All costs incurred by Imagicle for the collection of overdue amounts, including legal fees, are charged to the Customer, as permitted by laws and regulations.
No fees are due from Customer for authorized use of the Software under a Free Trial License.
Unless expressly specified otherwise in any Sales Order, all Fees and charges, rates and estimates exclude Taxes. If Customer has tax-exempt status, Customer will provide written evidence of such status. Customer will be responsible for any applicable sales, use, or any value added or similar taxes (“Taxes”) payable with respect to the licensing of the Software to Customer, provision of the Services, or otherwise arising out of or in connection with this Contract, other than taxes based upon Imagicle’s personal property ownership or net income.
Imagicle undertakes to comply with high-quality standards in the sale of products and the provision of Software Services to the Customer. Imagicle will not be responsible for interruptions, delays, and malfunctions in the provision of the Products/Services deriving from the Customer's breaches or from the application of specific laws or regulations. Moreover, Imagicle will not be responsible for, and no liability shall result to Imagicle for any damage, lost profits, losses or costs incurred which result from unforeseeable circumstances or force majeure without prejudice to the terms established by mandatory provisions of the law. In case of Imagicle ascertained responsibility, the Customer will be entitled to a refund as established in the EULA or the SPLA and, in any case, Imagicle liability for any part of the Software shall not exceed the license fees actually paid by the Customer for the purchase of the perpetual license or the subscription fee paid in the last 12 months.
The entity and payment method of any refund to the Customer will be established on a case-by-case basis.
“Confidential Information” means all information transmitted by either party to the other pursuant to or in connection with this Contract that the disclosing party identifies as being proprietary or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary or confidential. The receiving party will not disclose the disclosing party’s Confidential Information to any third party, and will protect the disclosing party’s Confidential Information using the same degree of care it uses to protect its own Confidential Information, and in no event less than a reasonable standard of care. The receiving party will not use such Confidential Information except to further the purposes of this Contract. Imagicle’s Confidential Information includes information regarding products, pre-release products, software, services, pricing, marketing and business plans and financial information. Imagicle and Customer will treat the terms and conditions of this Contract as confidential.
Confidential Information will not include information that the receiving party can establish: (i) has entered the public domain without the receiving party’s breach of any obligation owed to the disclosing party; (ii) has been rightfully received by the receiving party from a third party without confidentiality restrictions; (iii) is known to the receiving party without any restriction as to use or disclosure prior to first receipt by the receiving party from the disclosing party hereunder; or (iv) has been independently developed by the receiving party.
If any applicable law, regulation or judicial or administrative order requires the receiving party to disclose any of the disclosing party’s Confidential Information (a “Disclosure Order”) then, unless otherwise required by the Disclosure Order, the receiving party will promptly notify the disclosing party in writing prior to making any such disclosure, in order to facilitate the disclosing party’s efforts to protect its Confidential Information. Following such notification, the receiving party will cooperate with the disclosing party, at the disclosing party’s reasonable expense, in seeking and obtaining protection for the disclosing party’s Confidential Information.
The terms of confidentiality under this Contract will not limit either party’s right to independently develop or acquire products without use of the other party’s Confidential Information.
Imagicle is permitted to identify Customer as an Imagicle Customer on Imagicle’s website and marketing materials.
Imagicle may analyze Customer’s usage history and statistics (collectively, “Enhancement Data”) for Imagicle’s internal purposes, including to improve and enhance the Software and related services. Unless otherwise specified in the Sales Order, Customer authorizes and will not interfere with the Software’s transmission of Enhancement Data to Imagicle. Imagicle may make information derived from its analysis of Enhancement Data publically available, provided that the publicized information does not include any Enhancement Data that has not been aggregated and anonymized. For the purposes of this Contract, aggregated and anonymized Enhancement Data means Enhancement Data that (i) has been aggregated with other data, and (ii) does not contain information that identifies Customer or its Users. For the sake of clarity, aggregated and anonymized data is not Confidential Information of Customer.
The Software is owned by Imagicle and the export is protected by Italian and international laws on civil and commercial contract relations. The Products, Services and all related documentation may be subject to the export rules of the country in which the Customer has its registered office. Consequently, if the Customer has its registered office in a country that doesn’t allow it to export, re-export or release any Product or Service to specific States, shall not export or release, directly or indirectly, any Imagicle product. Therefore, Imagicle intends to comply with the legislation of the country where the Customer has its registered office.
Imagicle may, at its sole discretion, modify these terms and conditions. In case of variation, communication will be sent; in case of silent consent of the Customer following communication, the modifications will be considered implicitly accepted. If such changes involve a worsening economic or service provision for the Customer, they will be effective only after a period of thirty (30) days from the acquisition of the relevant communication. Within this period, the Customer may withdraw from the Contract, with immediate effect and without penalties, by email or other means provided for in the notice received.
Before requesting a court of law, Imagicle intends to resolve any dispute by Arbitration. All contracts are stipulated by Imagicle Spa with registered office in Italy, and Italian law applies to them. For any dispute concerning the interpretation and execution of this Contract, if the arbitration has not been resolved and the court is appealed, the Italian courts will be appointed.
The Contract between Imagicle and the Customer will be binding on both Parties. Finally, the Contract, including the sections of which it is composed and which constitute an integral and substantial part of it, constitute all the terms and conditions agreed upon between the Customer and Imagicle and supersede any prior notes in relation to the subject matter of these Agreements, whether written or oral (e.g. telephone).
For any questions or clarifications on Imagicle Licensing Agreements, Products, and Services, users and customers can contact Imagicle at legal@imagicle.com.
Updated on February 6th, 2019
This document is a legal agreement between the end user (an individual or a company) that has purchased the license of Imagicle software (from now on the Software) and Imagicle SpA. The use of the following Software implies your acceptance of these terms. The term "SOFTWARE" is used to identify the program received from Imagicle SpA or downloaded from the official website www.imagicle.com. Such term does not include any other program that is covered by a separate license and distributed as a different entity. By installing, copying, downloading, accessing to or in any way using the Software, implies that the user accepts to be bound by the terms of the present contract. If the end user does not accept the terms of the present contract, Imagicle SpA does not grant the user the Software in license. In this case, the end user is invited to abstain from installing, copying, downloading, accessing to or in any way using the Software.
The Software and any accompanying documentation are property of Imagicle SpA and are protected by Italian and international laws. You further acknowledge and agree that Imagicle SpA owns and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any ownership interest in or to the Software or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this Agreement.
The Software and accompanying documentation are being licensed to you, meaning that you have the right to use the Software only in accordance to this License Agreement. The Software is considered in use on a computer/server when it comes loaded on a temporary or permanent memory. The license is absolutely personal therefore it cannot be rented, sold or however sublicensed to other entities. The end user can use the Software for its company or for his personal use. Every licensed copy of the software can be installed on a single computer property of or in rent to the end user. Once installed this copy cannot be installed on other computer unless the license is moved and it is not used any more on the original computer. As set forth in the applicable order form or sales order, the license shall either be perpetual or for a specified period of time. In either case, such license shall be subject to Your payment of the applicable license or subscription fee (as determined by IMAGICLE and set forth in the applicable order form or sales order) and your receipt and use of an applicable license key from IMAGICLE. This Agreement shall begin upon the earlier of your acceptance of this Agreement or your use of the Software and shall continue until (a) in the case of Your licensing the Software on a subscription basis, the expiration of the applicable subscription term; or (b) the date on which this Agreement is terminated by IMAGICLE as permitted in this Agreement. In the event the Software is licensed on a subscription basis, you may access and use the functionality of the Software for so long as You pay the applicable subscription fees and the subscription term is maintained. If You do not renew Your subscription in accordance with the terms of this Agreement, the Software functionalities will be affected and may cease functioning. It will be possible to cancel the license at any time by stopping to use all the copies of the Software and the relative documentation without expecting anything from Imagicle SpA. Imagicle SpA guarantees that the software operates as described in the relative documentation. The guarantee is valid for 1 year from the date of purchase. The present guarantee is not applicable to any software which has been changed, ruined, forced or used in modalities different from those indicated in the license. This Limited Guarantee is the only explicit guarantee given to the user and replaces any other possible explicit guarantee. To the maximum extent permitted by applicable law, Imagicle SpA and its suppliers provide to you the Software and any (if any) support services related to the Software ("Support Services") AS IS AND WITH ALL FAULTS; Imagicle SpA and its suppliers hereby disclaim with respect to the Software and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. There is no warranty, duty or condition of title, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION or non-infringement. The entire risk arising out of use or performance of the Software and any Support Services remains with YOU.
Without the prior express written permission by Imagicle SpA you may not a) Use, copy, or transfer, electronically or otherwise, the Software or documentation except as expressly permitted in this License Agreement b) Decode, decompile or disassemble the Software c) Modify the files which constitute the software d) Separate components. The Software is granted in license as a single product. Single component parts cannot be separated for use on any other purpose.
In no event shall Imagicle SpA liability related to any part of the Software exceed the license fees actually paid by you for the purchase of the perpetual license or the subscription fee paid in the last 12 months. Except for a return of the purchase price under the circumstances provided in the limited warranty, neither Imagicle SpA nor its suppliers shall in any event be liable for any damages whatsoever arising out of or related to the use of or inability to use the Software including but not limited to direct, indirect, special, incidental or consequential damages, and damages for loss of business profits, business interruption, loss of business information or other pecuniary loss, even if Imagicle SpA has been advised of the possibility of such damages, whether such liability is based on contract, tort, warranty or any other legal or equitable grounds.
The ownership and the intellectual copyright concerning the Software (therefore included, for example, every image, logo, photography, animation, video, audio, music, text and "Applet" integrated into the Software), the Software enclosed, printed materials and any copy of the product are of Imagicle SpA property. The ownership and the intellectual copyright concerning content that are not included in the Software (but which the user can access by using the Software) are of property of the respective owners and can be protected by laws and treated on the Copyright or other intellectual property. The use of any "online" service which the user can access by using the Software will be disciplined by the relative conditions of use. If the Software contains documentation provided exclusively in electronic form, the user is authorized to print one copy of the above-mentioned electronic documentation for his/her use. The user cannot copy the printed materials enclosed into the Software.
Without limiting the foregoing, You acknowledge that the Software may include or use open source software. Such open source software is subject to the terms of the applicable open source license agreements. Please refer to the "Acknowledgments" section of the online version of the Documentation for the licensing information open source software.
This Agreement shall be governed by and interpreted in accordance with the laws of Italy, as if performed wholly within the state and without giving effect to the principles of conflicts of law. Any claim or dispute arising in connection with this Agreement shall be resolved in the courts situated in Italy.
This document is a legal agreement between Imagicle SpA and the Service Provider (a company providing Unified Communications and Collaboration services to their customers, based on cloud or hosted platforms) that has purchased the license of Imagicle software (from now on the Software). The use of the following Software implies your acceptance of these terms. The term "SOFTWARE" is used to identify the program received from Imagicle SpA or downloaded from the official website www.imagicle.com. Such term does not include any other program that is covered by a separate license and distributed as a different entity. By installing, copying, downloading, accessing to or in any way using the Software, implies that the Service Provider accepts to be bound by the terms of the present contract. If the Service Provider does not accept the terms of the present contract, Imagicle SpA does not grant the Service Provider the Software in license. In this case, the Service Provider is invited to abstain from installing, copying, downloading, accessing to or in any way using the Software.
The Software and accompanying documentation are being licensed to you, meaning that you have the right to use the Software only in accordance to this License Agreement. The Software is considered in use on a computer/server when it comes loaded on a temporary or permanent memory.
The license is absolutely personal therefore the Service Provider cannot transfer, sale, sublicense or otherwise distribute the Software as a permanent license to third party. The Service Provider can make the functionality of the Software available to multiple end users (individual or companies) only through hosting or software-as-a-service. The Service Provider can use the Software for its company.
Every licensed copy of the software can be installed on a single computer property of or in rent to the end user. Once installed this copy cannot be installed on other computer unless the license is moved and it is not used any more on the original computer. As set forth in the applicable order form or sales order, the license shall either be perpetual or for a specified period of time. In either case, such license shall be subject to Your payment of the applicable license or subscription fee (as determined by IMAGICLE and set forth in the applicable order form or sales order) and your receipt and use of an applicable license key from IMAGICLE. This Agreement shall begin upon the earlier of your acceptance of this Agreement or your use of the Software and shall continue until (a) in the case of Your licensing the Software on a subscription basis, the expiration of the applicable subscription term; or (b) the date on which this Agreement is terminated by IMAGICLE as permitted in this Agreement. In the event the Software is licensed on a subscription basis, you may access and use the functionality of the Software for so long as You pay the applicable subscription fees and the subscription term is maintained. If You do not renew Your subscription in accordance with the terms of this Agreement, the Software functionalities will be affected and may cease functioning. It will be possible to cancel the license at any time by stopping to use all the copies of the Software and the relative documentation without expecting anything from Imagicle SpA.
Imagicle SpA guarantees that the software operates as described in the relative documentation. The guarantee is valid for 1 year from the date of purchase. The present guarantee is not applicable to any software which has been changed, ruined, forced or used in modalities different from those indicated in the license. This Limited Guarantee is the only explicit guarantee given to the Service Provider and replaces any other possible explicit guarantee. To the maximum extent permitted by applicable law, Imagicle SpA and its suppliers provide to you the Software and any (if any) support services related to the Software ("Support Services") AS IS AND WITH ALL FAULTS; Imagicle SpA and its suppliers hereby disclaim with respect to the Software and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. There is no warranty, duty or condition of title, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION or non-infringement. The entire risk arising out of use or performance of the Software and any Support Services remains with YOU.
Without the prior express written permission by Imagicle SpA you may not a) Use, copy, or transfer, electronically or otherwise, the Software or documentation except as expressly permitted in this License Agreement. b) Decode, decompile or disassemble the Software c) Modify the files which constitute the software. d) Separate components. The Software is granted in license as a single product. Single component parts cannot be separated for use on any other purpose.
This document is a legal agreement between Imagicle SpA and an Imagicle Authorized Reseller or Partner (a company that has a commercial or a technical agreement with Imagicle SpA, (from now on “PARTNER” or “YOU”) eligible to purchase at the special Not For Resale condition and use the license of Imagicle SOFTWARE (from now on “SOFTWARE”) for testing purposes, demo to customers and internal usage. The use of the following SOFTWARE implies the PARTNER acceptance of these terms. The term "SOFTWARE" is used to identify the program received from Imagicle SpA or downloaded from the official website www.imagicle.com. Such term does not include any other program that is covered by a separate license and distributed as a different entity. By installing, copying, downloading, accessing to or in any way using the SOFTWARE, implies that YOU accepts to be bound by the terms of the present contract. If YOU do not accept the terms of the present contract, Imagicle SpA does not grant the YOU the SOFTWARE in license. In this case, YOU are invited to abstain from installing, copying, downloading, accessing to or in any way using the SOFTWARE.
The SOFTWARE and any accompanying documentation are property of Imagicle SpA and are protected by Italian and international laws. YOU further acknowledge and agree that Imagicle SpA owns and shall continue to own all right, title, and interest in and to the SOFTWARE and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant YOU any ownership interest in or to the SOFTWARE or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this Agreement.
The SOFTWARE and accompanying documentation are being licensed to YOU, meaning that YOU have the right to use the SOFTWARE only in accordance to this License Agreement. The SOFTWARE is considered in use on a computer/server when it comes loaded on a temporary or permanent memory. The license is absolutely personal and strictly assegnide to the PARTNER, therefore it cannot be rented, sold or however sublicensed to other entities. The PARTNER can use the SOFTWARE for its company or for his personal use. Every licensed copy of the SOFTWARE can be installed on a single computer property of or in rent to the PARTNER. Once installed this copy cannot be installed on other computer unless the license is moved and it is not used any more on the original computer. The installed SOFTWARE can anyway be accessed from an unlimited number of computers through the browser or the telephone network. This license is valid from the date of purchase to unlimited time. It will be possible to cancel the license at any time by stopping to use all the copies of the SOFTWARE and the relative documentation without expecting anything from Imagicle SpA. Imagicle SpA guarantees that the SOFTWARE operates as described in the relative documentation. The guarantee is valid for 1 year from the date of purchase. The present guarantee is not applicable to any SOFTWARE which has been changed, ruined, forced or used in modalities different from those indicated in the license. This Limited Guarantee is the only explicit guarantee given to the PARTNER and replaces any other possible explicit guarantee. To the maximum extent permitted by applicable law, Imagicle SpA and its suppliers provide to YOU the SOFTWARE and any (if any) support services related to the SOFTWARE ("Support Services") AS IS AND WITH ALL FAULTS; Imagicle SpA and its suppliers hereby disclaim with respect to the SOFTWARE and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. There is no warranty, duty or condition of title, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION or non-infringement. The entire risk arising out of use or performance of the SOFTWARE and any Support Services remains with YOU.
The SOFTWARE is permanently assigned to the PARTNER and the PARTNER can not resale, rent or transfer it in any way to any other entity (company or individual). The SOFTWARE can not be used in order to build and provide its functionalities as a Service (Hosted or SaaS) to End Users customers. Without the prior express written permission by Imagicle SpA YOU may not a) Use, copy, or transfer, electronically or otherwise, the SOFTWARE or documentation except as expressly permitted in this License Agreement b) Decode, decompile or disassemble the SOFTWARE c) Modify the files which constitute the SOFTWARE d) Separate components. The SOFTWARE is granted in license as a single product. Single component parts cannot be separated for use on any other purpose.
In no event shall Imagicle SpA liability related to any part of the Software exceed the license fees actually paid by you for the purchase of the perpetual license or the subscription fee paid in the last 12 months. Except for a return of the purchase price under the circumstances provided in the limited warranty, neither Imagicle SpA nor its suppliers shall in any event be liable for any damages whatsoever arising out of or related to the use of or inability to use the SOFTWARE including but not limited to direct, indirect, special, incidental or consequential damages, and damages for loss of business profits, business interruption, loss of business information or other pecuniary loss, even if Imagicle SpA has been advised of the possibility of such damages, whether such liability is based on contract, tort, warranty or any other legal or equitable grounds.
The ownership and the intellectual copyright concerning the SOFTWARE (therefore included, for example, every image, logo, photography, animation, video, audio, music, text and "Applet" integrated into the SOFTWARE), the SOFTWARE enclosed, printed materials and any copy of the product are of Imagicle SpA property. The ownership and the intellectual copyright concerning content that are not included in the SOFTWARE (but which the PARTNER can access by using the SOFTWARE) are of property of the respective owners and can be protected by laws and treated on the Copyright or other intellectual property. The use of any "online" service which the PARTNER can access by using the SOFTWARE will be disciplined by the relative conditions of use. If the SOFTWARE contains documentation provided exclusively in electronic form, the PARTNER is authorized to print one copy of the above-mentioned electronic documentation for his/her use. The PARTNER cannot copy the printed materials enclosed into the SOFTWARE.
Al elegir un producto Imagicle, ha realizado una inversión importante para su empresa; no obstante, su inversión se puede optimizar ulteriormente si gestiona diariamente la aplicación para lograr la máxima eficiencia y recibe los servicios que necesita en el momento en el que los precisa. Imagicle ha desarrollado para usted un programa completo de asistencia técnica y de mantenimiento que comprenderá sus necesidades y le ayudará en cualquier situación. Nuestro equipo de asistencia técnica está preparado para ayudarle y asegurarse de que su aplicación funciona a la perfección para que se pueda concentrar por completo en su trabajo sin tener que preocuparse de nada.
Todos los productos Imagicle incluyen, de hecho, nuestro servicio de asistencia técnica ImagicleCare Basic durante los primeros 12 meses, que le ofrece un equipo de especialistas que puede atenderle en 7 idiomas (italiano, inglés, alemán, francés, español, portugués y árabe). No obstante, si necesita un servicio de asistencia técnica más avanzado, con un tiempo de reacción garantizado y determinado, puede suscribirse a un programa ImagicleCare Gold.
Los servicios de asistencia técnica ImagicleCare no están destinados a ofrecer asistencia para la instalación y configuración del producto ni para la personalización de las soluciones, sino a proporcionarle asistencia técnica en el uso diario de nuestras soluciones. Para todas las demás necesidades, estaremos orgullosos de ayudarle con nuestros Servicios profesionales.
Obtener la guía de referencia
Without the following products and software, Imagicle Application Suite would not be the most complete set of must have apps that it is. As per the respective license, the following open source software available within the Imagicle Application Suite is distributed on an AS IS BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations.
Licensed under the Mozilla Public License (MPL), Version 1.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://website-archive.mozilla.org/www.mozilla.org/mpl/MPL/1.0/
Licensed under the Microsoft Public License (Ms-PL) (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at: https://dotnetzip.codeplex.com/license
Licensed under the MIT License (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at: https://opensource.org/licenses/MIT
Licensed under the MIT/X11 License; you may not use this file except in compliance with the License. You may obtain a copy of the License at: https://numerics.mathdotnet.com/License.html
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://www.apache.org/licenses/LICENSE-2.0
Licensed under the GNU Lesser General Public License, Version 2.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at: https://www.gnu.org/licenses/old-licenses/lgpl-2.1.html
Licensed under the GNU Lesser General Public License, Version 3 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at: https://www.gnu.org/licenses/lgpl-3.0.en.html
Licensed under the GNU Lesser General Public License (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://www.7-zip.org/license.txt
Licensed under the GNU Lesser General Public License (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at: https://www.gnu.org/licenses/gpl.txt
Licensed under the BSD 3 - Clause (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at: https://github.com/ariya/phantomjs/blob/master/LICENSE.BSD
Licensed under the Google Chrome Terms of Service, you may not use this file except in compliance with the License. You may obtain a copy of the License at: https://www.google.it/chrome/browser/privacy/eula_text.html
Imagicle S.p.A. is dedicated to protecting privacy and wants its site's visitors to feel safe, both while browsing the site and when providing their personal data to use specific functions or services. We ask each visitor to keep in mind that the pages of our website may contain links to the websites of other, independent, subjects, for which this security declaration does not apply.
Browser data
While browsing, our systems collect a number of data (e.g. access date and time, pages visited, Internet Service Provider name and IP address used for Internet access, the Internet address from which our site was accessed, etc.), the transmission of which uses web communication protocols and which may be useful to improve the management and optimise the data sending and e-mail system. These data may also be used to collect anonymous statistical data on site use, to monitor its proper functioning, and are kept only for the time required for these purposes.
Data provided voluntarily by the use
In order to access certain services or functions, or to send requests, people browsing the site may send personal data to Imagicle (e.g. e-mail address, login data). Imagicle will process these data only to permit the provision of the services or functions and to manage requests.
What is a cookie?
Websites use cookies to recognize users during a session. According to the Privacy Commissioner, they are "small bits of text file" composed of letters and numbers that "are sent by the sites visited by users to the computer (generally the browser) where they are saved in order to be sent back to the sites at the next visit by the same user".
Imagicle SpA cookies
Imagicle uses the following types of cookie:
In particular, Imagicle uses the following cookies:
Anti-forgery cookie that blocks the transmission of unauthorized data to the website ("Cross-Site Request Forgery").
Identifies the type of connected device
Any other cookies generated by www.imagicle.com and not present in this table are functional or session cookies.
Third party cookies
Imagicle uses services offered by Google and Google Analytics to collect, aggregate and analyze data in order to better understand how the site is used. Imagicle uses these cookies to collect anonymous and aggregated data for a limited time. The data is used, for example, to monitor and analyze site use, improve its functions and more accurately choose content and graphic design, in order to meet visitors' expectations.
Information on how Google Analytics is used and its privacy policy are available on this link. To deactivate these specific cookies, Google provides a free plugin that can be installed on major browsers. If you do not accept these cookies, certain functions on the site may not be available.
Imagicle also uses Olark web chat. Olark's cookies (ok, _okac, _okbk, _okla, _oklv, hblid, olfsk, wcsid) allow Imagicle to provide live chat support to clients and visitors. Information on how Olark Chat is used and its privacy policy are available on this link.
Consent to cookie installation
Users/visitors may decide whether to allow the installation of cookies on their computer. Cookie settings can be controlled and modified using the browser's "Preferences". By default almost all web browsers are set to automatically accept cookies. You can modify the settings and disable cookies in your browser's settings:
If you deactivate cookies, certain site functions may be disabled. However, even with the cookies disabled, the browser will still save a small amount of data. These data are necessary for the site's basic functions. If the user does not interact with the consent forms and exits the consent message by closing it or continuing to browse the site, consent is considered to have been given for all cookies.
Except as indicated for browser data, the provision of personal data is free and optional. Regarding the use of cookies, anyone browsing the site may make choices using the browser functions listed above.
This privacy policy applies from 25 May 2018, date from which the European General Data Protection Regulation is fully applicable.
El catálogo de productos de Imagicle se está actualizando y mejorando continuamente para ofrecer soluciones de vanguardia y adaptarse a las expectativas del cliente. Durante el proceso de innovación, algunos productos pueden retirarse de la lista de precios (descatalogación) al sustituirse por una versión más avanzada o descartarse.
Puede actualizar al nuevo producto si se encuentra disponible y mantener sus productos Imagicle siempre al día (las actualizaciones están incluidas en el plan Imagicle Care correspondiente) o planificar la actualización que necesita.
En los 3 años posteriores a la fecha de Descatalogación, Imagicle facilitará la asistencia necesaria para el producto y la resolución de problemas de acuerdo con las políticas de ImagicleCare: es posible que necesite actualizar a la versión más reciente para solucionar problemas específicos.
Transcurridos estos 3 años una vez descatalogado el producto, será necesario actualizar, si hay alguna actualización disponible. En cualquier caso, debe haber algún plan ImagicleCare activo para poder acceder a la asistencia técnica. Puede obtener más información aquí o poniéndose en contacto con nuestro Equipo de Ventas.
Consulte la tabla siguiente para ver si su producto sigue teniendo asistencia o si tiene que actualizarlo a la versión actual. Esta política de Final de la Vida Útil no se aplica a productos de terceros vendidos por Imagicle, sujetos a las políticas de Final de la Vida Útil de sus propios proveedores.
Producto
Descatalogado
Sin asistencia
Actualización disponible a
SAS 2.x para Cisco Call Manager
31/01/2009
31/01/2012
Imagicle App Suite for Cisco UC current version
Billy 2
Billy Blue's 4
StoneFax
Speedy 2
Speedy Enterprise
IVR
IVR Manager Enterprise
Queue Manager
Queue Manager Enterprise
SSAM
SAS 2.x para Cisco Call Manager Express
SSAM Enterprise
Concerto
-
SAS 2.x para Cross Platform
Imagicle AppSuite Cross Platform current version
SAS 3.x para Cisco Call Manager
08/03/2011
08/03/2014
Billy Blue's 3 y 4
Speedy
StoneLock
IVR Manager
SAS 3.x para Cisco Call Manager Express
Speedy Professional
IVR Manager Professional
SSAM Professional
SAS 3.x para Cross Platform
SAS 2013 para Cisco Call Manager Express
25/08/2013
25/08/2016
Otros productos
Telcen Blue's Professional
31/03/2019
31/03/2022
Blue's Enterprise 4
Imagicle Hotel
01/01/2019
01/01/2022
Blue's 2000
31/01/2002
31/01/2005
Blue's Professional Multisite
11/05/2015
11/05/2018
Blue's 2002 Hotel
01/02/2005
01/02/2008
Blue's Card
01/06/2007
01/06/2010
Blue's Enterprise 2000
31/01/2006
Blue's Enterprise Pro
Blue's Hotel Pro
01/03/2013
01/03/2016
Blue's IP Buffer
30/06/2015
30/06/2016
Blue's One Personal CTI
31/03/2015
31/03/2018
Blue's Personal
31/12/2005
31/12/2008
Fax2IP
15/02/2012
15/02/2015
IVR Studio
01/03/2018
01/03/2021
Meetnow Audio
01/04/2015
01/04/2018
Meetnow Video
SkyStone ACD
01/01/2012
01/01/2015
SkyStone ACD 2011
15/03/2013
15/03/2016
SkyStone Audio 1.x
01/01/2009
SkyStone Audio Enterprise 2.x
01/12/2010
01/12/2013
SkyStone Audio Enterprise 3.x
SkyStone Audio Professional 2.x
SkyStone Audio Professional 3.x
SkyStone Audio Professional 2011
SkyStone Audio Enterprise 2011
Skystone Audio 2013 (en sistema operativo XP)
31/12/2014
SkyStone Video 2.x
18/09/2013*
SkyStone Video 3.x
30/07/2012
SkyStone Video 2012
31/03/2013
SkyStone Audio 2013
01/03/2017
01/09/2018**
SkyStone Video 2013
Billy Blue's 4 - module REM CDR - SRST mode
15/05/2018
15/05/2021
Blue's Voice Memory
31/03/2016
Las soluciones de software de Imagicle se encuentran disponibles para su evaluación como producto totalmente funcional. Ofrecemos periodos de prueba gratuitos para que pueda evaluar nuestros productos completos antes de adquirirlos. Puede contar con nuestro servicio de preventa, nuestras demostraciones en vivo y nuestras versiones de prueba para asegurarse de que el software cubre sus necesidades antes de adquirir una licencia.
Tras comprar un software de Imagicle, recibirá un código de licencia electrónica y no será posible devolverlo.
Si ha cometido un error, puede cambiar un producto de Imagicle, siempre y cuando no lo haya activado, por otro producto de software de Imagicle de valor equivalente durante los 3 meses posteriores a la venta: le pedimos que se ponga en contacto con nosotros enviando un correo electrónico a sales@imagicle.com para coordinar una solución aceptable.
Es responsabilidad suya familiarizarse con esta política de devolución. Al realizar un pedido a Imagicle, se supone que ha leído esta política de devolución, está de acuerdo con ella y acepta la totalidad de sus términos.
Si no está de acuerdo o no acepta la totalidad de los términos de esta política de devolución, no compre ningún producto de Imagicle.