LICENSE AGREEMENT
This license agreement constitutes the contract between FF Consulting and the user-licensee (individual or legal entity).
The licensee must read it carefully. These terms apply to the aforementioned software, including any storage media on which it has been received. They also apply to any subsequent versions (including updates or supplements) and updates and supplements provided by FF Consulting.
WARNING: The software under this license is granted for lawful activities and only for sports use, not for road use, and in any case not on public roads. All products on the website are intended for educational purposes; therefore, the seller assumes no responsibility for any direct or indirect damage caused by the use of the product or Selftune software. Selftune is intended for personal use; files produced by Selftune software cannot be used to create databases, resold, or shared with third parties, otherwise, the software will be disabled without notice. The SelfTune seller produces software for competitive use, primarily on tracks, and it should be noted that driving a prepared and homologated vehicle on public roads and abroad is prohibited by the current road code, and in such cases, the SelfTune seller assumes no responsibility for such prohibited use. In this sense, the SelfTune seller assumes no direct or indirect liability in case of any violations of specifications. The user agrees to be bound by the terms of this license agreement. If the user does not accept the terms and conditions of this agreement, they are not authorized to install and use the Software.
GRANT OF LICENSE – SCOPE OF LICENSE VALIDITY
(I) The SOFTWARE is not sold, but is licensed individually. This agreement grants the licensee only certain rights to use the software. FF Consulting reserves all other rights. To the maximum extent permitted by applicable law, the licensee may use the software only in ways expressly permitted by this agreement.
The user is entitled to install and use the SOFTWARE on a computer they legitimately use;
The licensee must comply with any technical limitations in the software that allow its use only in certain ways and for certain purposes. The user CANNOT:
distribute copies of the SOFTWARE either alone or bundled with other software. Nor is sharing the software among users other than the licensee permitted.
modify the SOFTWARE.
publish the software to allow others to copy it;
lease, rent, or lend the software;
transfer the software or this agreement to third parties.
(II) The SOFTWARE is provided for 12 (twelve) months following the upfront payment of the annual fee.
(III) The SOFTWARE license will not be automatically renewed.
(IV) In case of non-payment of the annual fee, this agreement will be terminated by law, resulting in the inhibition of the use of the SOFTWARE. In case of non-payment of the fee, regardless of the actual inhibition of SOFTWARE use, updates and all functionalities of the software will not be guaranteed.
DESCRIPTION OF OTHER RIGHTS AND RESTRICTIONS
(I) The user cannot remove or alter any copyright notices related to the SOFTWARE.
(II) The user cannot reverse engineer, decompile, or disassemble the SOFTWARE, unless expressly permitted by applicable law.
(III) The user cannot adapt, transform, or modify the SOFTWARE nor incorporate it into other software or make it executable within them.
(IV) The SelfTune seller assumes no responsibility for the use of the products sold, especially for illegal purposes. It is the buyer's responsibility to seek legal advice on the specific intended use of the device in accordance with applicable laws.
(V) The software cannot be used with any form of remote technology to prevent unauthorized sharing of the software or its components across multiple PCs. SelfTune may conduct memory checks on the PC, as well as connectivity checks, limited to the purpose of identifying the risk of remote technology use/sharing. FF Consulting reserves the right to update and/or modify the authentication and access methods for the software. The software contains limitations on the number of files produced.
TERMINATION
(I) Any violation of the terms and conditions of this license will entitle FF Consulting to terminate it, without prejudice to other rights. In case of termination, the user must destroy all copies of the SOFTWARE in their possession.
(II) In case the software becomes unusable due to reasons beyond FF Consulting's control, or in case of the loss of licenses for trademarks, logos, components, or contents of the SOFTWARE granted to FF Consulting, this license agreement will automatically be terminated, and the user must destroy all copies of the SOFTWARE in their possession. In such cases, FF Consulting will not be responsible for any damages resulting from the inability to use the SOFTWARE.
COPYRIGHT
(I) All rights to the SOFTWARE and its copies are the property of FF Consulting.
(II) FF Consulting reserves all rights not expressly granted by this license.
USER SUPPORT
(I) First-level support will be provided via email. FF Consulting reserves the right to request additional documentation from the user to provide support.
WARRANTY DISCLAIMER
(I) The software is licensed "as is." The licensee uses it at their own risk. FF Consulting does not provide any express conditions or warranties.
(II) The SOFTWARE is provided without any warranty from FF Consulting.
(III) FF Consulting disclaims any warranty, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. Furthermore, FF Consulting does not warrant that the functions contained in the SOFTWARE will meet the user's requirements, nor does it guarantee uninterrupted or error-free operation.
(IV) The warranty disclaimer here is to be interpreted in accordance with applicable law and will be ineffective in the part deemed incompatible with mandatory legal provisions.
LIMITATION OF LIABILITY
(I) FF Consulting is exempt from any liability, to the extent permitted by applicable law, for any direct or indirect damages of any kind arising from or related to the use or inability to use the SOFTWARE, especially due to misuse by the user.
(II) This limitation of liability is intended to exclude compensation for direct, indirect, incidental, consequential, special, and punitive damages, whether the compensation claim is based on this license agreement or any other legal basis, including non-contractual claims.
DATA PROCESSING
(I) The Parties agree to process personal data obtained during the execution of this contract in compliance with the legal provisions on personal data protection. They acknowledge having exchanged information according to European Data Protection Regulation No. 679/16 (GDPR) and Italian Legislative Decree 196/2003, as amended by Legislative Decree 101/2018 (Annex 1 - Privacy Notice I).
(II) Unless otherwise specified in each section of the Terms, the processing of personal data of the Customer, as communicated to the Provider for the execution of this contract and subsequent service provision, will be carried out in compliance with Italian Legislative Decree 196/2003, the privacy notice provided by the Provider at the time of registration, and based on the consent to data processing provided by the Customer.
(III) The Customer guarantees that, concerning third-party data processed during the order and/or use of the Services, they have previously informed such third parties as required by Art. 13 of Legislative Decree 196/2003 and obtained their consent to the processing. The Customer is the independent Data Controller for such data and assumes all related obligations and responsibilities, holding the Provider harmless from any claims or disputes that may arise from third parties regarding such data processing.
(IV) The Customer consents to the use of their personal data for the execution of this contract, including by third parties necessary for fulfilling legal obligations.
APPLICABLE LAW AND JURISDICTION
(I) This license agreement is drafted in accordance with Italian law and is subject to it. If, for any reason, any of the terms or part of a term in the license is deemed invalid or unenforceable, the remaining terms will retain their full validity and applicability according to the law.
(II) All disputes arising in relation to this license agreement are subject to the exclusive jurisdiction of the Court of Milan.
Privacy Policy Link
For privacy policy visit this link: Privacy Policy