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.

General

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:

1. for purposes strictly related to the management of the pre-contractual and contractual relationship, the processing of which is necessary for the execution of the Contract in which the interested party is involved (Article 6, b) of the GDPR) and the prosecution of a legitimate interest of the Data controller (art. 6, f) of the GDPR). Such legitimate interest is related to the economic activity of Imagicle (pre-contractual and contractual purposes);
2. for the fulfillment of the obligations established by laws or by regulations to which the Data Controller is subjected to (Article 6 letter c) of the GDPR) (legal obligations);
3. to communicate or send commercial information and data, also to Imagicle partners, using automated or non-automated channels, advertising material via telephone and e-mail, whose legal basis lies in the explicit consent of the data subject (Article 6 letter a) of the GDPR ) (direct marketing purposes and with business partners);
4. to provide technical support following the software installation, or to provide technical support as a result of software maintenance request, being present the explicit consent of the interested party or the contractual assumption (technical support purposes).

Personal data recipients or categories of recipients

The categories of recipients of personal data are:

• Imagicle employees, as they are entrusted with the processing;
• External data processor with whom Imagicle has a working relationship on a contractual basis.

Data communication and distribution

1. Data may be shared inside Imagicle to persons responsible for coordinating activities inherent to the services offered by Imagicle, or with third parties (e.g. banks, consulting firms, agents) for credit risk protection, market research, economic and statistical analysis, and commercial information and communication.
2. Personal data will be shared only as strictly necessary to perform the duties assigned by us to these third parties within the purposes of the lett. a), b) and d), and, in the case of lett. c), with the express consent of the Customer. Data may also be shared with public authorities requiring it in exercising their powers.
3. Imagicle provided the necessary designations and appointments of the external data processor pursuant to art. 28 of the GDPR.

Data processing

• Data are processed electronically and/or automatically and/or via the third parties listed above.
• Data are processed and organized in databases; they are archived for the time required to provide the requested services and functions and to provide technical and operational assistance. They are kept for the purposes set out in the GDPR Regulation.
• Data are processed for the organization and elaboration of personal data, including data from access logs and the use of services available via Internet, related to the purpose indicated, and in any case, in such a way as to guarantee the security and privacy of the data and of the electronic communications with regard to risks of data loss, illegal use and unauthorized access.

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.

1. The consent for the processing of data referred to in lett. a), b) and d) of the item "Purpose of processing" is not necessary according to art. 6 of the GDPR.
2. The consent to the processing of data referred to in lett. c) of the item "Purpose of processing", however, is optional, and any refusal will prevent Imagicle from sending commercial communications, profiling activity or communication to its partners for commercial purposes of third parties.

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

1. The retention period of the data for contractual purposes coincides with the duration of the contractual relationship, while that related to the fulfillment of legal obligations is prescribed by law.
2. According to the purposes of direct marketing and commercial partners, the concerned party has the right to withdraw the consent at any time without prejudice to the lawfulness of the treatment based on the consent given before the revocation.
3. All of the data listed above may also be processed in order to fulfill legal obligations for the times required by the Regulations. Processing may also be done to determine liability in the event of computer crimes causing damage to the site, which are investigated by the judicial authorities. In this case, archiving times will depend on the duration of the investigation.

Data subjects rights

1. At any time, the concerned parties may exercise their rights to the data processor, in accordance to Article 15 of GDPR. Each data subject has the right to access personal data, to correct or cancel data, to limit the data processing or to oppose their processing, in addition to the right to data portability. Furthermore, the interested party is entitled to withdraw the consent at any time without prejudice to the lawfulness of the treatment based on the consent given before the revocation.
2. The concerned party has the right to make a complaint to the Authority for the Protection of Personal Data.

Procedures for the exercise of any right

The concerned party may exercise the rights at any time by calling or sending:

• the number +390584943232;
• a registered letter with acknowledgment of receipt to: Imagicle s.p.a - Via dei Fondacci, 272, 55054 Massarosa LU;
• a PEC to the e-mail address: imagicle@legalmail.it

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
 

1 General terms and conditions

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:

• EULA (End User License Agreement)
• SPLA (Service Provider License Agreement)
• NFRLA (Not For Resale License Agreement)
• Software Maintenance Service and Support
• Privacy Policy
• Acknowledgments

which form a fundamental and substantial part of the Contract.

2 Sales Order

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.

3 Prices

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:

• price variations established unilaterally by Imagicle;
• changing market conditions;
• product unavailability;
• modification and errors in bids/quotes.

4 Subscriptions terms

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.

5 Payments

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.

6 Taxes

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.

7 Warranties and limitations of liability

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.

8 Confidential information

“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.

9 Enhancement Analysis

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.

10 Export control

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.

11 Variations to terms and conditions

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.

12 Governing law, compulsory arbitration, jurisdiction

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.

13 Miscellaneous

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).

14 Contacts

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
 

Cloud Services Terms of use.

PLEASE READ THESE TERMS OF USE BEFORE USING THE IMAGICLE CLOUD CONNECTED SERVICES DEFINED HERE UNDER. THESE TERMS ARE BETWEEN THE CUSTOMER (“YOU”) AND IMAGICLE. BY USING THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE.

General

Your Imagicle ApplicationSuite, deployed at your premises or hosted in an external DataCenter, can also consume exclusive Imagicle services if Cloud Connected to the Imagicle Cloud.

The Cloud services covered by these Terms of Use include the Imagicle Cloud Licensing service and the Imagicle Telemetry service for Enhanced Experience and Proactive Support.

Cloud Licensing service

Imagicle Cloud Licensing is the Cloud service allowing licenses of the Imagicle ApplicationSuite to be consumed as a service through the Imagicle Cloud.

Activating your Imagicle ApplicationSuite online, you are making your ApplicationSuite Cloud Connected.
So your ApplicationSuite will be able to consume both perpetual licenses and subscriptions through the Imagicle Cloud Licensing service.

The connection to the Imagicle Cloud is established by the Imagicle ApplicationSuite, while activating licenses online, through a secure data channel established with: https://api.imagicle.com

The ApplicationSuite periodically polls the Imagicle Cloud for a license update request, for you to always have:

• updated capacity of your applications
• updated term date of your Care or Subscription

The ApplicationSuite is NOT sending any Personally Identifiable Information (PII) to the Imagicle Cloud, so no impact on your data privacy by connecting online the Imagicle ApplicationSuite to the Imagicle Cloud Licensing service.

Through the Cloud Licensing online web portal, you (or Reseller on your behalf) can manage the purchased application licenses available on your Smart Account, where they are deposited by Imagicle after processing the purchase order.

Telemetry service

Imagicle Telemetry service is the Cloud service allowing the Imagicle ApplicationSuite to send anonymous data related to the use of the products, anomalies and technical problems to the Imagicle Cloud via the same secure channel established for Cloud Licensing.

Through the Telemetry the Imagicle Support team will receive data from the ApplicationSuite associated to the specific customer, not related to their users, so no privacy implications. The ApplicationSuite is NOT sending any Personally Identifiable Information (PII) to the Imagicle Cloud, so no impact on your data privacy by connecting online the Imagicle ApplicationSuite to the Imagicle Cloud Licensing service.

Through this data the Imagicle Support team will be able to:

• grant a faster, smarter, and easier experience when using Imagicle products or when tech support service is needed for customers with Basic Care Contracts (Enhanced Support)
• prevent potentials malfunctioning even before they occur and be aware of several useful details whether a problem arises for customers with Gold and Platinum Contracts (Proactive Support)

The Imagicle Cloud Licensing is a prerequisite and the only requirement for the Telemetry, that is then enabled by default.
You (or Reseller on your behalf) can disable the Telemetry from the Cloud Licensing online web portal.
The list of data collected is available in these Terms of use.

Cloud Connection and Security

Selecting the Online (Cloud Connected) activation in the Imagicle ApplicationSuite, the server will try to reach out the following imagicle public secure link: https://api.imagicle.com

Access can be:

• direct, so the Imagicle ApplicationSuite server needs connectivity to such public link
• via proxy, so no need for the ApplicationSuite to have direct connectivity to the public link

Activating licenses Online the ApplicationSuite will be Cloud Connected.

Datacenter

Imagicle Cloud Services are operated via AWS data centers based in Europe and in the US, with highest level of availability, security and reliability.

Access to the services

You (or Resellers on your behalf) can access the Cloud Services via the Online web portal. You need to get an account from Imagicle by signing up or when your Reseller is placing an order. The information about the account and relative associated licenses are kept in conformity with Imagicle’s Privacy Policy located at: https://www.imagicle.com/Imagicle-Legal-terms#7987413-privacy-policy

Warranties and limitations of liability

Imagicle undertakes to comply with high-quality standards in the 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.

Variations to terms and conditions

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.

Governing law, compulsory arbitration, jurisdiction

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.

Miscellaneous

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).

Contacts

For any questions or clarifications on Imagicle Terms, Licensing Agreements, Products, and Services, you can contact Imagicle at legal@imagicle.com.

Information collected by Telemetry Service

This is the list of info the Imagicle ApplicationSuite server is sending out to the Imagicle Cloud for the Telemetry Service:
 

* The IP Address sent is the ApplicationSuite server address, so not a personal PC one, meaning NOT a personal data for privacy. There is no way to identify a user through within such server IP address.

Updated on March, 2nd, 2020

Contract of license

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.

1. PROPRIETARY RIGHTS

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.

2. TERMS AND GUARANTEES

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.

3. USES NOT ALLOWED

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.

4. LIMITATION OF LIABILITY

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.

5. COPYRIGHT

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.

6. ACKNOWLEDGMENTS

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.

7. GOVERNING LAW AND CHOICE OF FORUM

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.

Contract of license

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.

1. PROPRIETARY RIGHTS

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.

2. TERMS AND GUARANTEES

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 a single end user or to multiple end users (individual or companies), according to the specific single tenant or multi-tenant capabilities purchased, 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.

3. USES NOT ALLOWED

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.

4. LIMITATION OF LIABILITY

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.

5. COPYRIGHT

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.

6. ACKNOWLEDGMENTS

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.

7. GOVERNING LAW AND CHOICE OF FORUM

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.

1. CONTRACT OF LICENSE

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.

2. PROPRIETARY RIGHTS

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.

3. TERMS AND GUARANTEES

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.

4. USES NOT ALLOWED

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.

5. LIMITATION OF LIABILITY

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.

6. COPYRIGHT

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.

7. GOVERNING LAW AND CHOICE OF FORUM

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.

Imagicle Spa (“Imagicle”) may provide a customer (“You” or “Customer”) with certain professional installation, configuration and consultancy services (the “Advanced Services”) described in a written or electronic document from Imagicle such as a bid, a quote, a service description or statement of work (“SOW”) document. The Advanced Services provided by Imagicle are subject to the following terms and conditions.

1 The Advanced Services

The Advanced Services may include, without limitation, one or more of the following:

• Installing Imagicle’s software and/or other software or products adapted to interact with Imagicle’s software specifically ordered by You;
• Assisting in integration with third party communication system/calling platforms the Imagicle’s software supports as per official documentation
• Assisting with questions related to computer hardware physical or virtual related to the use of Imagicle’s software, including operating system matters;
• Interpreting of the results obtained from the use of Imagicle’s software;
• Consulting and/or development (including, without limitation, script writing) regarding software and/or supporting documentation, including, but not limited to, new versions of and/or additions to Imagicle’s software specifically ordered by You;
• Performing acceptance and validation test on Imagicle’s software;
• Assisting with the preparation of manuals and instructions;
• Training in using the Imagicle’s software;
• Other kind of services described in the standard Service Description document or mutually agreed upon either verbally or, in writing, such as in a SOW.

The Advanced Services may be purchased any time by Imagicle or its resellers and executed at Your location (on site), remotely (with online collaboration tools) or both ways (part on site and part remotely), as stated in the Sales Order.

In case a SOW is required, written SOW shall be signed by both parties. No changes to a SOW shall be made without a valid change order signed by both Your authorized representative and Imagicle’s authorized representative.
A SOW document, signed by both parties, shall prevail over any conflicting requirement, statement or obligation specified in the standard Service Description document.

The Advanced Services are not covering the technical support services that Imagicle may provide You in case of problem using the Imagicle’s software after Advanced Services completion or termination. Such kind of technical support is offered separately and described in the Maintenance Services and Support section.

2. Your responsibilities and Imagicle’s assumptions.

In addition to any other responsibilities described herein and/or in an applicable bid/quote/SOW, Your obligations include, without limitation, the following, and any failure on Your part shall be deemed to be a material breach:

• Communicate all material project matters to Imagicle’s contact person;
• Together with Imagicle, schedule the performance of the Advanced Services;
• Provide qualified, knowledgeable personnel who will perform Your obligations hereunder and under the applicable bid/quote/SOW, make timely decisions necessary to perform the Advanced Services, participate in the project to the extent reasonably requested by Imagicle and reasonably assist Imagicle with its performance of the Advanced Services;
• Provide Imagicle’s personnel with controlled and supervised appropriate levels of access and privilege to systems and information necessary for Imagicle’s performance of the Advanced Services, including remote access when Advanced Services are performed remotely;
• Provide timely responses to Imagicle’s inquiries and requests for approvals and authorizations;
• Perform other reasonable duties and tasks to facilitate Imagicle’s performance of the Advanced Services;
• Acquire all necessary hardware and software required to complete the Advanced Services.

When Advanced Services are performed at Your location (or another location designated by You), the site shall be secure. Imagicle is not responsible for lost or stolen equipment.

If You do not fulfill all of Your responsibilities in a timely manner or if any assumption is incomplete, is incorrect or becomes incorrect, then:

• The anticipated schedule for the project may be delayed.
• Scheduled personnel may be reassigned to a different project or may become idle.
• The amount of time to perform the Advanced Services may increase and/or Imagicle may need to perform additional or different Advanced Services in order to be able to perform the original Advanced Services; in such case, Imagicle may invoice You for such additional time, based on a new Sales Order or change order to get in place
• It may be commercially unreasonable for Imagicle to perform the Advanced Services, either in whole or in part, in which case Imagicle shall have the right to terminate any obligation it might have to You (to perform the Advanced Services or otherwise) or to terminate a SOW upon notice to You.

If an activity had been agreed and scheduled with Your personnel but the Imagicle engineer cannot perform the activity because of Your failure to fulfill one of Your responsibilities or because of an incomplete or incorrect assumption, Imagicle shall have the right to consider that scheduled time slot (day or half-day) as billable/forfeited.

3. Scheduling and engaging

Any dates, deadlines or schedules in any bid/quote/SOW (as amended by any change order) or otherwise anticipated for the project are estimates only, to be used for Imagicle’s planning only. Together Imagicle’s contact person and Your contact person will define and develop an anticipated schedule.

An Imagicle representative will contact You within five (5) working days from the Sales Order acceptance, to get the proper contacts, share the Advanced Services details and plan the activities. The first activity date will be agreed between Imagicle and You according with your scheduling requirements, the existing Imagicle schedule and the activities constraints. Imagicle is normally able to guarantee an available engineer to start the activities within fifteen (15) working days since the first contact. Should you need faster availability, Imagicle will do the best to find a solution and a working joint schedule.

Advanced Services schedule can have days spread over different weeks and months, within the Advanced Services expiration terms (see below), with 4 hours as minimum schedulable slot for the activities.

Imagicle working days and times are the following based on the theater:

• Europe, 9am-6pm CET/CEST, Monday through Friday
• Middle East, 9am-6pm GST, Sunday through Thursday
• North America, 7am-5pm EST/EDT, Monday through Friday

Other theaters may choose the most suitable service area based on their timezone.

In the event You cancel or requests a rescheduling of a mutually confirmed scheduled date with less than one (1) week notice to Imagicle, the following shall result:

• with respect to onsite Advanced Services if cancellation by You occurs within five (5) working days of the scheduled date for such Advanced Services then 50% of the scheduled time may be billable/forfeited, or if cancellation by You occurs within twenty-four (24) hours of the scheduled date then 100% of the scheduled time may be billable/forfeited;
• with respect to remote Advanced Services if cancellation by You occurs within forty-eight (48) hours of the scheduled date for such Advanced Services then 50% of the scheduled time may be billable/forfeited, or if cancellation by You occurs within one (1) hour of the scheduled time then 100% of the scheduled time may be billable/forfeited

4. Advanced services fees, invoicing and payment

Imagicle provides fixed fees Advanced Services, except differently agreed and signed in the Sales Order. In the fixed fee Advanced Services, Imagicle estimates the number of days for the Advanced Services and communicates to You in the Sales Order or during the project scheduling. If the amount of days needed to perform the Advanced Services:

• increases because you do not fulfill all of Your responsibilities (see the above section related), Imagicle may invoice You for such additional time, based on a new Sales Order or change order to get in place;
• increases without any unfulfillment of Your responsibilities (see the above section related) and mainly because of not fully correct estimate, Imagicle will perform the additional days without additional fees;
• are less than the estimated ones, You are not eligible of any credit for additional or different Imagicle Advanced Services

Imagicle will invoice 100% of the fixed fees Advanced Services at receiving and accepting the Sales Order, except differently agreed and signed in the Sales Order. Payment terms follow the Terms and Conditions of Sale this document is an integral part of.

5. Travel and Expenses.

Unless otherwise provided in the applicable bid/quote/SOW:

• Imagicle may invoice You for all reasonable, direct costs incurred by Imagicle in providing the Advanced Services described in the applicable bid/quote/SOW. Examples of these expenses may include, but are not be limited to, airfare, lodging, mileage, meals, tolls and parking. The projected expenses are set forth in the applicable bid/quote/SOW or may be directly included in the fixed fee offer.
• When Advanced Services are performed at Your location (or another location designated by You), Imagicle may charge this time separately or included in the Advanced Services fixed fee.

6. Expiration and termination.

Each Advanced Services purchase expires after 12 months from the Sales Order acceptance unless differently stated in the bid/quote/SOW and Imagicle may not deliver any further remaining activity for such Advanced Services after expiration. In the event of any expiration, the full payment for such Advanced Services is due and no reimbursement will be provided by Imagicle.

Either You or Imagicle may terminate the Advanced Services for cause if the other party fails to cure a material breach in the time period specified below. Any material breach must be specifically identified in a written notice of termination. After written notice, the notified party will have thirty (30) days to remedy its performance, except that it will only have fifteen (15) days to remedy any monetary default. Failure to remedy any material default within the applicable time period provided for herein will give cause for immediate termination. In case You terminate for Imagicle material default, a total reimbursement of paid Advanced Services will be provided by Imagicle.

Upon the expiration or termination of the Advanced Services, all rights and obligations of You and Imagicle under such Sales Order/SOW including, without limitation, under these terms and conditions and/or the Terms and Conditions (as defined below), shall automatically terminate except for any right of action occurring prior to expiration or termination, payment obligations and obligations that expressly or by implication are intended to survive expiration or termination (including, without limitation, limitation of liability, indemnity, confidentiality, title and this survival provision).

7. Data Back-up.

You will be solely responsible for daily back-up and other protection of Your data and software against loss, damage or corruption, and You will be solely responsible for reconstructing data (including, but not limited to, data located on disk files and memories) and software that may be lost, damaged or corrupted during the performance of Advanced Services. IMAGICLE AND ITS SUPPLIERS, SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE, AND YOU ASSUME ALL RISK OF LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE ADVANCED SERVICES.

8. Security and liabilities

Imagicle may perform the Advanced Services at Your place of business, at Imagicle's own facilities or such other locations as You and Imagicle deem appropriate. When the Advanced Services are performed at Your premises, Imagicle will attempt to perform such Advanced Services within Your normal business hours unless otherwise jointly agreed to by You and Imagicle. When the Advanced Services are provided on Your premises or at another location designated by You, You shall maintain adequate insurance coverage to protect Imagicle and Your premises, and You agree to indemnify and hold Imagicle and its agents and employees harmless from any loss, cost, damage or expense (including, but not limited to, attorneys fees and expenses) arising out of any product liability, death, personal injury or property damage or destruction occurring at such location in connection with the performance of the Advanced Services, other than solely as a result of Imagicle gross negligence or willful misconduct. Imagicle will follow all of Your reasonable security rules and procedures, as communicated in writing by You to Imagicle from time to time.

9. Required consents.

You shall provide all Required Consents (as defined below) necessary for Imagicle to provide the Advanced Services. “Required Consents” means consents or approvals required to give Imagicle and its subcontractors the right or license to access, use and modify all data and third-party products.

10. Terms and conditions of sale.

THIS SERVICE OFFERING IS AND THE PROVISION OF THE ADVANCED SERVICES ARE EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS OF SALE (the “Terms and Conditions”)  AND THOSE TERMS AND CONDITIONS ARE INCORPORATED BY REFERENCE INTO THIS DOCUMENT AS IF FULLY STATED HEREIN.

Updated on September 3rd, 2019
 

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.

1. OpalVoip

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/

2. RabbitMQ

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/

3. DotNetZip

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

4. NAudio

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

5. ATAPI

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

6. Jquery

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

7. Angular libs: trNgGrid, angular-dynamic-local

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

8. JSON.NET

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

9. Math.NET

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

10. Castle

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

11. KendoUI

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

12. LibPhoneNumber

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

13. Log4net

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

14. Erlang

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

15. NHibernate

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

16. SevenZip

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

17. SnmpSharpNet

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

18. Wireshark

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

19. 7-zip

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

20. Unison GNU Public License

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

21. Notepad++: GPL

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

22. PhantomJS

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

Other included softwares FREE, not requiring any license:

• Automapper
• SQLite
• PAEXEC

Other re-distributed software (not used within Imagicle ApplicationSuite):

• Baretail (free, not opensource)
• Baregrep (free, not opensource)
• Chrome

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

Specific information on the use of the website

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 and user data

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.

Cookies

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:

• session (not saved on the user's computer but deleted when the browser is closed) limited to sending session identifiers (composed of random numbers generated by the server to which you are connected) necessary to use the site and correctly display its contents
• functional cookies, that allow users to browse based on a series of criteria (such as language) in order to improve the site's browsing experience or to authenticate and manage a browsing session (e.g. to identify and authorize a user to access a Partner Area)

In particular, Imagicle uses the following cookies:

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:

• Chrome
• Firefox
• Internet Explorer
• Opera
• Safari

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.

Optional data

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.

Updated on Wednesday, May 23rd, 2018