Term of Use
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
TERMS OF USE ANILOXSEARCH SOFTWARE
These terms of use aim to regulate the use of the software ANILOXSEARCH, developed and made available by FLEXOSTORE COMERCIO DE SOFTWARE LTDA.-EPP, in conjunction with GMDSO Limited, which aims to create inventories of Anilox rolls, volumetric measurement using photo-microscopy.
1. Acceptance
1.1 In order to use the application software, the user must expressed his full consent related to all terms, which will take place in clicking in the button "I accept the terms", during the first access to the application software.
1.2 These terms may be amended at any time by the LICENSOR, regardless of prior notice to the user, except in case of legal provision to the contrary.
1.3 If the user does not accept or do not agree with any of the provisions below, he should refrain from using the application software.
2. Features of the Application software
2.1 The application software governed by these terms is available for free downloading from the APPLE STORE and GOOGLE PLAY, but its use is a conditional to the existence of a LOGIN, made available by the LICENSOR after the purchase of the KIT.
2.1.1 The KIT is a toolset for the microscopy and for the volumetric analysis of Anilox rolls, composed by a micropipette, a coaxial microscope and other necessary accessories for the procedure, sold by LICENSOR as described in: www.flexostore.co.uk/kit
2.1.2 If the user already has an old or partial evaluation system, it is suggested to contact the LICENSOR via e-mail storeflexo@gmail.com for evaluation and eventual sale of a partial LOGIN, allowing full use of the application software with its own tools.
2.1.3 The LICENSOR may provide a LOGIN for full use of the application software for a period of 30 (thirty) days for additional assessment, but after this time the LOGIN will be revoked, losing the user the right for the functions that require the camera of the smartphone. If the user opts for the purchase of the KIT or LOGIN, the access will be promptly reinstated.
2.2 To be able to use all the functions of the application software, in addition to the acceptance of these terms, the user should perform his registration through the acquisition of the KIT and receive the respective LOGIN by filling out a form and creating a password, or through social networks bounded to login supported, if applicable.
2.2.1 The LOGIN will be provided to the user with a password, for the full use of the application software.
2.2.2 The application software was developed to be used with the KIT, being prohibited its use with other accessories, without proper authorization by the LICENSOR.
2.2.3 The user is aware that the creation of the LOGIN does not automatically release the features of the camera, and the LOGIN has to be properly enabled for these features to be released.
2.3 You acknowledge that you are solely responsible for all information provided during your access and use of the application software, taking responsability, with exclusivity and including third parties, for any damages or injuries due to the incorrect, incomplete or bungled information entered in the Application software.
2.4 The user will not be able to provide his LOGIN and password to third parties, taking full responsibility for such data and for any act carried out through his LOGIN and password. The LOGIN and password to a third party will be interpreted as non-licensed user duplication and, being detected, generates the automatic and immediate revocation of LOGIN.
3. Rules Of Use
3.1 Through the acceptance to these terms, the user declares that:
i. it is deemed civilly able on the Brazilian legislation, or is duly authorized by their legal guardians to accept these terms and use the application software;
ii. you acknowledge that you will not be able to insert in the application software any illicit content that violates rights of third parties, or that harms the LICENSOR or other system users;
iii. You will not provide in the application software any content protected by intellectual or industrial property rights belonging to third parties.
3.2 The user declares that, in any event, he will be solely responsible for the use of the application software, answering, exclusively for the information and data entered at registration, LOGIN and password, exempting the LICENSOR from any liability for any injury or damage arising from your use.
3.3 The LICENSOR, in any circumstances, when held responsible for the content (information, passwords, communication, etc.) by the user in the Application software, is not responsible for reviewing or confirmating such content at any time.
3.4 If the LICENSOR becomes aware of the availability of illicit content, which violates these terms, he may delete the user, regardless of any indemnity.
3.5 The LICENSOR disclaims any liability as a result of the impossibility of good and correct operation of the Application software, as a result to the information and data provided by the user.
3.6 The communication channel ("channel") is a form of communication provided by the LICENSOR for free, exclusively through the internet, and it is not included in any phone services, with the purpose to provide clarification on the operation of the application software, in the following ways:
a) on the application software, meaning that the icon (helps) with specific solutions through movies or electronic bulletin, being necessary internet connection for the operation;
b) Via email storeflexo@gmail.com for news, notifications and information related to the present contract;
c) Via the form on the website www.flexostore.co.uk
3.7 The LICENSOR warrants the user to:
a) Access and regular operation of the Application software, through the present Terms.
b) Publicize the corrections of errors that exist in the Application software. The user must, in these cases and when necessary, adopt temporary procedures suggested by the LICENSOR, while a permanent solution is being developed;
c) Provide and maintain the channel with the user for notifications, warnings, as well as to exchange information on questions, comments or suggestions concerning the Application software;
d) Change specifications and/or characteristics of the Application software for the improvement and/or bugfixes;
3.8 You acknowledge and agree that even the most advanced technology does not prevent from the development of bug-free computer programs or data guaranteed transmission.
3.9 You acknowledge and agree that the application software was developed for generic use and was not customized to your preferences, so that the LICENSOR can not guarantee that the application software will serve any particular purpose.
4. Intellectual Property
4.1 The LICENSOR is the rightful owner of all copyrights and intellectual property Application software, pursuant to law No. Software 9,609, from 19/02/1998 and the copyright law No. 9,610, of 19/02/1998, being prohibited its copy, reproduction, or any other kind of use, taking violators subject to civil and criminal penalties. In no event the user shall have access to the source code of the Application software.
4.2 The user does not acquire, by this instrument, any intellectual property rights or other rights, including patents, designs, trademarks, copyrights or rights in confidential information or trade secrets related to the Application software.
5. Privacy
5.1 All the information entered by the user in the Application software actively, such as registration data and information provided during the use of the application software such as information about instances, will be collected and stored by the licensor.
5.1.1 The user must provide all necessary data for the download and enjoyment of the application software, as well as to allow the smooth and correct use of the channel with the licensor.
5.2 some information may be collected automatically while the access and use by the user of the Application software, such as access to device features; IP number, with date and time, IP source, information about clicks, accessed pages, any search term entered in the Application software, among others. Furthermore, some technologic standards may be used to collect information, especially cookies, in order to improve the browsing experience.
5.3 All information collected on the application software is stored in electronic media through databases of the APEX group of companies, exclusive LICENSOR's commercial partner for the application software. The data collected through the application software are used for proper provision of services by the licensor.
5.3.1 Similarly, through the acceptance of these terms, the user expressly consent to receive promotional emails from the LICENSOR and its partners.
5.4 The user acknowledges that the LICENSOR may share data collected through the application software with third parties in the following situations:
a) with partner companies for advertising purposes, and for the provision of services related to the functionality available on the application software, the example of the maintenance companies, as described above, and of the APEX group of companies;
b)to protect the interests of the LICENSOR, in any type of conflict, including lawsuits;
c)If the transfer of information is necessary for the continuity of services;
d)By court order or by request from administrative authorities having legal competence for your request.
5.5 The information collected will be stored by the LICENSOR on servers owned or hired by it or of the APEX Group. In this sense, all reasonable efforts are employed ensure the security of the system in such data.
6. Disclaimers
6.1 The LICENSOR is exempted from the following responsibilities:
a) The results produced by the application software, if it is affected by some kind of external program or "viruses" or other harmful elements that may cause alterations in the computer systems (software and hardware), exempting any liability for damages that may arise;
b) By miss-operation, operation by not authorized third parties or in operation by any other cause in that there is no blame of the LICENSOR;
c) for any unavailability, errors, interruptions, delays, or other failures in the use of the application software, the fallibility of the same, or any difficulty of access, which are likely to occur and fully understandable when it comes to information technology;
d) for errors or inconsistencies on data transmission or the quality or availability of the Internet signal;
e) Comply with any legal obligation of the user, including compliance with statutory deadlines for delivery of tax documents or tax payments;
f) For any damage or loss due to administrative decisions, management or commercial taken by the user on the basis of the information provided by the system or by misuse of the information received by the user;
g) for any loss due to the infringement of security measures on the part of the user, which do not pay the necessary precautions to safeguard the data or third parties using public networks or on the internet;
h) For any damage, injury or loss in user equipment caused by faults in the system, in the server or on in the internet due to third-party actions, unforeseeable circumstances or force majeure;
i) By problems defined as "acts of God" or "force majeure", covered by art. 393, of the Brazilian Civil Code.
6.2 The LICENSOR does not perform any checking of information, data or profile of the ones who desire to use the service. Therefore, is not liable in any way and under any circumstances, claim for the misuse of the service.
6.3 The LICENSOR reserves the right to discontinue the application software at any time, regardless of prior notice, not being any kind of compensation to the user, in cases where this:
a) Causes damage to LICENSOR's intellectual property, using improperly the application software;
b)Change the application software without the consent of the LICENSOR, perform amendments such as the removal or replacement of excerpts or routines, or an increase or set of additions developed routines by the merged user himself or by third parties contracted or linked to tamper with and make unrecognizable the original program;
c) Use the application software differently from that stipulated in this instrument.
6.4 If the LICENSOR, by the user request, suggest or indicate any device, software, service or other, the LICENSOR will not be responsible for them, and the if user only checks the terms and conditions of the product indicated before making the purchase or hiring, will be his responsibility.
7. Time length and end of access
7.1 Access to the application software is available to the user for an indeterminate period. The LICENSOR can discontinue the application software at any time, at his criterion, regardless of prior notice, not having any type of compensation for the user.
7.2 The LICENSOR may, at any time, limit his access to the application software, and may deny it or suspend it, which may lead to the exclusion of all the information provided, without any due compensation.
7.3 The user acknowledges that, in case of suspicion of misuse of the application software, the LICENSOR can cancel his registration in the application software, without any compensation being previously mentioned.
7.4 Access to application software functionality may be cancelled by either parties, at any time, upon request of cancellation formalized throughout the channel with the subject "contract cancellation".
7.5 After 30 (thirty) days from the date of receipt of the request for cancellation through the channel and its confirmation, the LICENSOR will clear all user access to the Application software.
8. General provisions
8.1 If any provision of these terms is held to be void, voidable, invalid or inoperative, no other provision will be affected as a result and, therefore, the remaining provisions of these terms will remain in full force and effect as if such provision void, voidable, invalid or inoperative were not contained herein.
8.2 The tolerance of a Part to another as to the breach of any rights or provisions of these terms will not result in novation or waiver. The tolerant Part may, at any time, require the other party to the full and faithful compliance with the instrument.
8.3 These terms do not give the User the power to act, perform, hire, negotiate, receive, give discharge, answer, etc., on behalf of the licensor.
9. Law and Jurisdiction
9.1 These terms shall be governed, interpreted and if subject to Brazilian law, including any actions arising from violation of its terms and conditions.
9.2 Is elected the County Court in the city of Curitiba, State of Paraná, Brazil, to resolve any questions or controversies arising out of these terms, resigning the parties any other, more privileged to be,
Last updated: 08/July/2017.