End-user license agreement for APPs 

IMPORTANT: CAREFULLY READ THE TERMS AND CONDITIONS OF THIS  LICENSE AGREEMENT BEFORE CONTINUING WITH THE INSTALLATION. THIS  END USER LICENSE AGREEMENT ("AGREEMENT") CONSTITUTES AN  AGREEMENT BETWEEN THE USER AND ABSENCE AND DEFINES THE TERMS AND  CONDITIONS FOR DOWNLOADING, INSTALLATION AND USE OF THE HELP FAMILY  APPLICATION. 

BY DOWNLOADING, INSTALLING OR USING THE HELP FAMILY APPLICATION, THE  USER AGREES TO BE BOUND BY THIS AGREEMENT AND CONFIRMS THAT YOU  ARE AUTHORIZED TO SUBSCRIBE IT. IF THE USER DOES NOT ACCEPT THE TERMS  OF THIS AGREEMENT, THE DOWNLOAD, INSTALLATION OR USE OF THE HELP  FAMILY APPLICATION IS FORBIDDEN. For the purposes of this Agreement, it will be  represented by the commercial company Absence Srl. 

DEFINITIONS 

For the purposes of this Agreement 

"Application" ("APP") means the coded symbol or icon as well as the software that includes it,  which could include software programs, products, printed material and associated "online" or  electronic documentation, which can be viewed on the smartphone or on the user's tablet and with  which the functions and functions of the application can be performed. The APP is protected by  copyright, trademarks and other intellectual property laws and agreements. The APP is not sold,  but is licensed for use. 

1. GRANT OF USE LICENSE 

Absence Srl licenses the non-exclusive, non-transferable and limited right to install and use the  HELP FAMILY APP on a smartphone or tablet owned or controlled by the user. The terms of the  license will govern any update provided by Absence that replaces and / or supplements the APP, 

unless a separate license is attached to this update, in which case the terms of that separate license  will prevail. 

1.1 COST OF THE HELP FAMILY APP 

In order to download, install and use the HELP FAMILY APP, the user will be asked for an  annual cost of € 28.99 (twenty-eight/99) to be paid through the payment methods provided for all app  purchases, that is: credit card, posed pay, rechargeable credit, amazon pay. The data relating to the means of payment fall within the privacy policy provided and guaranteed  for the use of the APP (see the documents relating to privacy and personal data processing,  confidentiality policy, cookies). 

2. DESCRIPTION OF RIGHTS AND LIMITATIONS 

The user is not allowed: 

a) Remove any information about the owner from any copy of the APP; 

b) Rent, lease, loan, sell or sublicense the APP; 

c) Decompile, reverse engineer, disassemble, modify or create derivative works of the APP, any  update or part of the APP, or modify, circumvent, tamper with or circumvent any function or  protection of the APP, except and only to the extent that such activity is expressly permitted by  the laws in force, despite this limitation; 

d) Distribute registered copies of the APP to third parties; 

e) Failing to comply with all applicable laws and third-party terms relating to the use of the APP,  for example the wireless data transmission service contract, if the user has a VoiP application. 3. SUPPORT 

Absence could provide assistance services related to the HELP FAMILY APP. Any updates  provided as part of the aforementioned support services are to be considered part of the APP and  subject to the terms and conditions of this Agreement. 

For questions relating to the APP, contact Absence Srl at the address: absencesrl@pec.it

4. PROPERTY RIGHTS; PROPERTY 

All rights, titles and interests relating to the HELP FAMILY APP and any copies are the exclusive  property of Absence. All title and intellectual property rights relating to the content accessible  through the use of the APP are the property of their respective owner and may be protected by  copyright or other applicable intellectual property laws and agreements. The user has no right to  use such content. All rights not expressly granted in this Agreement are reserved to Absence. 

The user acknowledges that in the event of third party claims that claim that the HELP FAMILY  APP or its possession or use are detrimental to its legitimate rights or interests, Absence may,  independently and at its discretion, investigate, defend, define and grant such request for  infringement of intellectual property. The user must promptly inform Absence in writing of this  claim after being informed and leave Absence the full and exclusive authority by offering the  necessary cooperation to assume the defense or accept this claim. The user will immediately stop  using the relevant APP. If the user refuses to stop using the relevant APP, the user undertakes to  indemnify and hold Absence harmless from any damage resulting from the refusal. 

5. TERMINATION OF THE CONTRACT 

This Agreement is effective until terminated. The user's rights under this license will cease  automatically without the need for any formalities in case of violation of any term of this  Agreement by the user. Upon termination of the license, the user must stop any use of the APP  and destroy all copies, complete or partial, in his possession. 

Absence reserves the right to immediately revoke the user's access to the APP without  reimbursing any costs. 

6. LIMITED WARRANTY 

Without prejudice to liability pursuant to art. 1229 cc ,. Absence does not guarantee or assume  responsibility for the accuracy or completeness of information, text, images, links or other  elements that may be contained in the APP. THE USER ACKNOWLEDGES THAT USE OF 

THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK, INTENDED  AS SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND INITIATIVE, IS  YOUR RESPONSIBILITY. NO INFORMATION OR SUGGESTIONS, WHETHER ORAL OR  WRITTEN, GIVEN BY OCE OR AN AUTHORIZED OCE REPRESENTATIVE WILL  CREATE A WARRANTY. THE APP IS PROVIDED "AS IS" WITH ALL ERRORS AND  WITHOUT WARRANTY OF ANY KIND. OCE AND ITS SUPPLIERS DISCLAIM ANY  LIABILITY, EXPRESS OR IMPLIED, SUCH AS, BUT NOT LIMITED TO, THE IMPLIED  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF  PRECISION, PEACE AND NON-INFRINGEMENT RIGHTS. OCE OR ITS SUPPLIERS DO  NOT OFFER ANY WARRANTY THAT NO INTERFERENCE WITH THE USER'S USE OF  THE APP, SO THAT THE FUNCTIONS CONTAINED IN THE APP OR THE SERVICES  OFFERED OR PROVIDED BY IT, MEET THE USER'S REQUIREMENTS, WHETHER  WITHOUT ERRORS OR INTERRUPTIONS OR CORRECTING ANY DEFECTS IN THE  SERVICES OR APP. The laws of some states do not recognize the exclusion of implied  warranties, therefore the exclusion described above may not be applicable. The user may also  enjoy other variable rights based on the jurisdiction. 

7. LIMITATION OF LIABILITY 

UP TO THE MAXIMUM LIMIT AUTHORIZED BY LAW IN FORCE IN THE USER'S  JURISDICTION, UNDER ANY CIRCUMSTANCES AND LEGAL DOCTRINE  (UNLAWFUL, CONTRACT OR OTHERWISE), ABSENCE SHALL BE LIABLE TO YOU  OR ANYONE ELSE FOR ANY DAMAGES OR ANY OTHER DAMAGES. COST OF ANY  KIND OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COLLATERAL  OR CRIMINAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,  DAMAGES DUE TO LOSS OF REPUTATION, WORK INTERRUPTIONS, FAILURE OR  MALFUNCTION CESSING PROFIT AND EMERGING DAMAGE. THIS LIMITATION 

WILL APPLY EVEN IF ABSENCE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH  DAMAGES OR OF ANY CLAIM FROM A THIRD PARTY. SOME JURISDICTIONS DO  NOT RECOGNIZE THE EXCLUSION OR LIMITATION OF LIABILITY IN THE EVENT OF  INDIRECT OR INCIDENTAL DAMAGES, CONSEQUENTLY THE LIMITATION  DESCRIBED ABOVE MAY NOT BE APPLICABLE. 

THE JOINT LIABILITY OF OCE AND ITS SUPPLIERS ARISING FROM OR CONNECTED  WITH THIS AGREEMENT WILL BE LIMITED TO ANY AMOUNT INCURRED FOR THE  APP. Nothing contained in this contract limits Absence's liability towards the user for injury or  death resulting from gross negligence or willful misconduct on the part of Absence. 

8. USE OF INFORMATION 

The user acknowledges and accepts that Absence may collect and use technical data and related  information, including, by way of example, technical information on the user's device, system,  peripherals and application software, collected periodically to facilitate the supply to the '' user of  (any) software updates, product support and other services related to the APP. 

Absence may use this information, provided it is in a format that does not allow the user to be  personally identified, to improve its product or to offer services or technologies to the user. The  privacy policy governing the use of such information is available on the HELP FAMILY APP  website. The e-mails sent to the user may contain a web beacon that informs if the e-mail has  been received or opened by the user or if the user has clicked on a link within the e-mail. 

9. EXPORT 

The user will not transfer or encourage, assist or authorize the transfer of the APP, basic  information or related technology to a country to which it is prohibited or otherwise in violation  of the related limitations and regulations. By using the APP, you agree to the foregoing and  warrant that you are not (i) in, under the control of, being a citizen or resident of any embargoed 

country or (ii) an entity or person subject to embargoed by the relevant government agency or  export authorities. 

10. APPLICABLE LAW AND COMPETENT JURISDICTION 

This Agreement will be governed, interpreted and implemented in compliance with the law of the  country in which the Absence Srl commercial company has its registered office. Any claims or  disputes that may arise from this agreement or in relation to it must be accepted exclusively by  the competent court. in the country where the Absence Srl trading company is based. 

By "claim" or "dispute" we mean any dispute, action or other dispute between the user and the  Absence Srl commercial company relating to the APP or this Agreement, whether it concerns the  contract, the guarantee, an illicit act or the law. 

If the user and the Absence Srl commercial company do not resolve a claim or a dispute by  way of settlement, they will be able to resolve the matter by way of judgment, at the  competent Court or by means of a binding arbitration of an impartial arbitrator, whose  decision will be final in accordance with the Arbitration Rules. The user waives the right to  challenge (or to participate as a delegate of a class or party to the dispute) all claims and  disputes in court before a judge or a jury. 

This Agreement describes certain rights. 

11. ENTIRE AGREEMENT - AMENDMENT 

The user acknowledges that this Agreement constitutes the entire agreement between the user and  Absence with reference to the subject of the Agreement and replaces in its entirety any previous  written or oral agreement between the user and Absence relating to the subject of the Agreement. 12. DISJUNCABILITY 

If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of  competent jurisdiction, the parties will instruct the court seised to amend such provision to the  minimum extent to make it valid, legal and enforceable. In the event that the court in question is 

unwilling to do so or declares its incompetence, the provision will be removed from this  Agreement. In any event, the remaining provisions of this Agreement will remain in effect and  take full effect. 

13. WAIVER 

The delay or inability on the part of Absence in exercising any right or corrective action will in  no case constitute a waiver of this right or retirement. 

14. INTRODUCTION 

The preamble to the sections are provided for convenience of reference only and do not constitute  a part of this Agreement for other purposes and have no substantial value.