General Terms & Conditions
- “Client": is the party signing the contract proposal, who declares to be acting within the scope of his professional and/or entrepreneurial activity
- “BP": means Barbacan Paper S.r.l., with registered office in Milan, Via Colonnetta, n. 5, filed with the Register of Companies of Milan, v.a.t. no. 10181020966, owner of all property rights on Editorial Products
- “Products": shall mean, by way of example only and not limited to, drawings, freehand drawings, relative periodic updates to the aforesaid works, which can be downloaded individually
- “Assistance services": (i) support-related services via e-mail provided by Cadtainer for the resolution of operating problems; (ii) information via e-mail though the Cadtainer website concerning the correct use of the product by the Client
- “Updates": new Products originating from the same data or from adjustments of the data contained therein to legislative changes occurring during the term of the contract, provided that the latter updates do not entail a substantial and/or costly modification of the original Programs, as well as new drawings, new designs and new photographs that will be uploaded monthly to the website.
Article 2) Completion - performance of the contract.
2.1 When accessing the products, the Customer shall bear the risk of destruction or loss of the same, as well as the responsibility for their correct use.
Art. 3) Use of the service.
3.1 Any Client is allowed the free use of the website.
3.2 Any Client is free to purchase advertising banners on the Cadtainer website, with which to publicise his creations and/or activities.
3.3 Upon specific request, Clients may also ask Cadtainer to develop specific and customised drawings and projects. In this case, the cost of the service will be agreed from time to time between the parties.
Art. 4) Digital publishing.
4.1 Digital publishing products are available in non-editable format pdf. dfx. and png., usually protected by DRM.
4.2 Irrespective of the DRM indication, the Client is not allowed to reproduce all or part of the publications on any support or online platform other than BP and to adapt all or part of the digital publications by any means. The only reproduction allowed to the Client concerns the use of the Products for the execution of his own personal projects, as well as the reproduction of the Products on his own drawings. Any reproduction and/or adaptation not expressly authorized does violate Law 633/1941 and is, therefore, liable to prosecution.
4.3 For the downloading and/or consultation of digital publications, the Client is normally required to activate log-in credentials at BP. The Client acknowledges and accepts that this requirement constitutes an indispensable condition for the use of the publications. In order to be entitled to use the services, the Client must also tick the box for reading/fully understanding and consequently accepting the general terms and conditions of the contract. The Client also has the obligation towards BP to preserve and store its log-in credentials, which may under no circumstances be made available to third parties not expressly authorised by BP. In the event of theft and/or loss of the log-in credentials, the Client must immediately notify BP in writing, so that the credentials can be deactivated and replaced.
4.4 BP does not guarantee that digital publications will be correctly displayed on all portable devices. In some cases, their use may be subject to the purchase of third-party applications.
4.5 By signing the order, the Client declares of having read the on-line catalogue of the contents, technical characteristics and limitations of use of each publication.
4.6 The Client acknowledges and accepts that the digital publishing products marketed by means of a license to use will not in any way be accessible after termination of the license.
4.7 The collections of Products grouped by subject area are subject to change in their composition depending on the evolution of BP's catalogue, even during the course of the licence period.
5) License and Intellectual Property.
5.1 BP owns all intellectual property rights over the Products. The Client recognises and acknowledges that the Products and all contents on the Cadtainer website are protected by copyright laws and, therefore, are subject to intellectual property rights exclusively owned by BP.
5.2 BP is the exclusive owner of the trademark, symbol and name introduced and/or affixed to the Products. The Client undertakes not to destroy, alter, move, reproduce on other websites, hide and/or modify in any way such trademarks, symbols and names, or affix names, trademarks and symbols that may cause confusion about the ownership of intellectual property.
5.3 Unless otherwise provided, the Products are licensed for use by the Client.
5.4 All Products-related rights which are not expressly licensed to the Client, will continue to be held by BP.
5.5 The Client may not in any way assign to third parties the work on which the Products have been applied.
5.6 It is strictly forbidden for the Client to reproduce temporarily or permanently, totally or partially, the Products by any means or in any form, or to use parts of the Products independently. Furthermore, the Client is strictly forbidden to reproduce, even in the form of excerpt, duplicate, copy, sell, rent or otherwise exploit the Products for commercial purposes or to develop products or applications of any kind based on the Products or Programmes, except as allowed by this agreement.
5.7 The Client may not in any way share, loan, lease, rent or transfer in any way to third parties, even partially, the license to use the Products.
5.8 The Client shall have the exclusive right to make a backup copy of the Products ("back-up copy"), within the limits of art. 64ter, paragraph 2, Law no. 633/1941, for the sole purpose of avoiding the loss of data contained in the same in the event of breakdowns and/or damage to the original. The medium on which the back-up copy is stored must be kept by the Client with care in order to prevent the installation or use of the Products by third parties and/or the transfer in whole or in part, in any way or form, of its contents to third parties. The back-up copy shall be subject to the same limitations of use as the Products in this contract.
5.9 Upon termination of the licence, the Client loses the right to use any Products associated with the licence and to benefit from support services and updates. The Client may continue to access the data stored in the programs.
5.10 BP shall be held harmless and indemnified by the Client against any claim, action or request for compensation from third parties in any way associated with the breach by the Client and/or its employees and/or collaborators of even one of the obligations referred to in this article.
6) Support services - Updates.
6.1 BP will provide the Client with support services and updates throughout the term of the licence.
6.2 Assistance services shall only include those services specified in Article 1.
6.3 The following are expressly excluded from the assistance services: technical assistance services requested by the Client at the Client's premises and on its computers, PCs and mobile devices; technical assistance services aimed at managing problems and/or malfunctions due to the failure and/or incorrect installation of the product; system management support services concerning the operation of the Client's network and/or computer and telecommunication systems; modifications and/or customisation of the Programmes; retrieval of the Client's files; training in the use of the programmes.
6.4 Updates are deemed to be granted to the Client under a non-exclusive, non-transferable licence under the same conditions as those set out in art. 5 above.
7) Warranty - Limitations of Liability.
7.1 The Client accepts all risks and charges relating to the use of the Products, the results and performance of the Products and Programmes, given their nature as mere aid to the professional activity of the Client. The Client, is in fact required to verify the information acquired and the operations carried out through the above Products and Programmes.
7.2 BP guarantees that the Cadtainer website functions as basically described in the specifications provided in the relative information that the Client declares having thoroughly examined before the conclusion of the contract.
7.3 Except in cases of fraud or gross negligence, BP cannot, in any case, be held liable for damages of any kind that the Client and/or third parties may suffer as a result of a) use of the Products (including updates) or for the non-use or faulty operation of the same; b) tampering, maintenance, modification or any other type carried out on the network and/or on the PC(s) by the Client and/or third parties not authorised by BP; c) failures and/or malfunctions of the Products and/or related supports caused, in general, by (i) malicious or negligent conduct of Clients and/or third parties; (ii) failures and/or malfunctions of the computers and/or hardware on which the Products are installed; (iii) failures and/or malfunctions of the equipment and/or systems in use at the Client's premises; d) failure by the Client to verify the results of the processing; e) general expenses, for loss of profit or business opportunities, incurred by Clients or third parties.
7.4 Except in cases of willful misconduct or gross negligence, BP neither guarantees the result of the assistance services, nor will it be liable for any harmful consequences that may be attributable to delays and/or inefficiencies in the provision of the assistance services.
7.5 BP accepts no responsibility for any problems that may arise as a result of the use of the Cadtainer website or any other external websites linked to it. Unless otherwise provided for by law, BP shall not be held liable in any way for damages of any kind caused directly or indirectly by the access to the website, by the inability or impossibility to access it, or by the use of the product. BP reserves the right to modify the contents of the website and of these general terms and conditions at any time and without notice.
7.6 BP has no obligation to monitor the Products it transmits and/or stores, nor supervising the actual use by the Client, nor any obligation to take action to ascertain the correct use of the Product and/or any unlawful acts.
8) Competent Court.
8.1 The Court of Milan shall have exclusive jurisdiction over any dispute arising out of or in any way relating to this contract.
9) Processing of personal data.
9.1 Personal data will be recorded on electronic databases owned by Register S.p.a. (registered office in Viale della Giovine Italia 17, Florence, CAP 50122. VAT number & Tax Code: 04628270482), and will be stored on servers located on the server Farm at BT ITALIA S.p.a., in Settimo Milanese (MI), via Darwin 85, in the territory of a country belonging to the European Union (EU), in compliance with the legislation on the protection of personal data.
9.2 BP through its employees will utilize the information concerning the Client for administrative and accounting purposes.