SOFTWARE LICENSE AND SERVICE AGREEMENT
[IMPORTANT NOTICE]
[Mt Distribution Srl] (hereinafter referred to as "Mt Distribution") hereby reminds you to carefully read and fully understand the Software License and Service Agreement (this "Agreement"). You must carefully read and fully understand the terms of this Agreement, especially those relating to the exemption or limitation of Mt Distribution's liability, dispute resolution and applicable laws. Attention is drawn to terms relating to exemption or limitation of liability, which have been marked in bold. Please read carefully and choose whether or not to accept this Agreement (a minor must be accompanied by his or her legal guardian when reading this Agreement). By downloading, installing and using the Software, as well as obtaining and accessing your account, you agree to this Agreement and to be fully bound by the terms of this Agreement.
Mt Distribution reserves the right to modify this Agreement. The updated terms of this Agreement will be posted on the official website or software and will become effective on the date of posting. You may re-download and install the software or view the latest version of the terms of this Agreement on the Website. After Mt Distribution has modified the terms of this Agreement, if you do not agree to the modified terms, You may immediately terminate the use of the "Platum App" software and services provided by Mt Distribution; the User's continued use of the "Platum App" software and services provided by Mt Distribution will be considered acceptance of the modified terms of this Agreement.
GENERAL PROVISIONS
1.1. This Agreement is the agreement concluded between You (hereinafter referred to as the "User") and Mt Distribution and its operating partner (hereinafter referred to as the "Partner") relating to the download, installation and use by the User of the "Platum App " software (hereinafter referred to as "Software") of Mt Distribution and use of the relevant services of Mt Distribution.
1.2. The software and services are provided by Mt Distribution for installation on (including but not limited to) smart mobile terminals, to provide Mt Distribution services to the User using such smart terminal.
1.3. Ownership and right to use the Software and services shall vest in Mt Distribution.
SCOPE OF SOFTWARE LICENSE
2.1. Mt Distribution grants You a personal, non-transferable, non-exclusive license to use the Software without the right to sublicense.
2.2. You may install, use, display and run the Software on a single mobile terminal device for non-commercial purposes. However, You must not install, use or run the Software for commercial purposes. You must not copy, alter or modify any data in the Software, or data released into the memory of any terminal device during the execution of the Software and the interactive data generated between the client and the server during the execution of the Software, or execute the Software with plug-ins, or create any derivative works in any form, including but not limited to plug-ins, accessing the Software and related systems through unauthorized third party tools/services. If you need to sell, copy or distribute the Software commercially, such as pre-installation and software bundling, you must obtain written permission and license from Mt Distribution.
2.3. Without Mt Distribution's permission, You must not install the Software on any other terminal devices that are not expressly permitted by Mt Distribution, including but not limited to set-top boxes, game consoles, televisions, DVD players, etc.
2.4. You may make one copy of the Software for the purposes of using the Software and the services, but it must be used only as a backup. The backup copy must contain all copyright information contained in the original software.
2.5. Except as expressly authorized in this Agreement, Mt Distribution grants no other rights to You. If the User intends to use any other right, Mt Distribution's written consent must be obtained in advance.
ACQUISITION, INSTALLATION AND UPDATE OF THE SOFTWARE
3.1. The User must download and install the software from the Website or as indicated by Mt Distribution. Please be careful not to download the Software on unspecified websites, so as to prevent mobile devices from infecting malicious programs that can destroy your data and acquire information about your privacy. If you acquire the Software or the installer of the same name as the Software from a third party that has not been authorized by Mt Distribution, Mt Distribution cannot guarantee that you will use it normally and Mt Distribution assumes no responsibility for any loss caused to her.
3.2. The User must select the software version that corresponds to the installed terminal device. Otherwise, any software problems, device problems or damages resulting from the mismatch between the version of the Software and the model of the device will be assumed solely by the User.
3.3. In order to improve the User experience and optimize the content of the service, Mt Distribution reserves the right to provide the replaced, modified and updated version of the Software and also reserves the right to charge for such replacement, modification or update, but will obtain consent in advance for such expenses. The software will enable the "update prompt" feature by default for the User. Depending on the version of the software used by the User, Mt Distribution provides the User with the option to enable or disable the aforementioned function. After the new version of the Software has been released, Mt Distribution does not guarantee that previous versions of the Software will continue to be usable.
SPECIFICATIONS OF USE
4.1. You may use the Software and services in accordance with this Agreement and the laws. The User must not commit the following acts of:
4.1.1. Delete any copyright information on the Software and other copies, or modify, delete or circumvent the technical measures established by the Software for the protection of intellectual property rights;
4.1.2. Reverse engineer the Software, such as disassembling, decompiling, or otherwise attempting to obtain the source code of the Software;
4.1.3. Add, remove or modify the functions or running effects of the Software by modifying or falsifying instructions and data during the running of the Software, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, whether or not for commercial purposes;
4.1.4. Use the Software to commit acts that violate network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; unauthorized access to public networks or third party operating systems and delete, modify or add to any stored information; unauthorized attempts to detect, scan or test system software or network weaknesses or do other things that destroy network security; attempt to interfere with or destroy the normal operation of the software system or website, knowingly disseminate harmful programs or viruses, or perform other acts that destroy or interfere with normal information services on the network; spoof the name or partial names of the TCP/IP data packet;
4.1.5. You access or use the Software and Services through compatible third-party software or systems not developed, authorized or approved by Mt Distribution, or produce, publish or disseminate the foregoing tools;
4.1.6. Without the written consent of Mt Distribution, you do anything to the Software or the information contained therein, including but not limited to using, renting, lending, copying, modifying, linking to, reproducing, compiling, releasing, publishing, establish a mirror image website or unauthorized use of the software for the development of any related derivative products, works, services, plug-ins, compatibility or interconnection;
4.1.7. Use the Software to post, transmit, disseminate or store any content that violates local laws and regulations;
4.1.8. Use the Software to post, transmit, disseminate or store any content that infringes the legitimate rights such as intellectual property rights and trade secrets of others;
4.1.9. Use the Software to post, transmit or disseminate bulk advertising or spam information;
4.1.10. Use the Software and other services provided by Mt Distribution, in any unlawful manner, for illicit purposes or in any way inconsistent with the authorized use of this Agreement;
4.2. Specifications for publishing information
4.2.1. You may use the Software to post information such as views, data, text, information, usernames, images, photos, personal information, audio or video files, links, etc. that you create or that you have the right to post. You must ensure that you own the intellectual property rights or have obtained legal authorization to the information uploaded by the User and that the use of the Software and services does not infringe any rights or legitimate interests of any third party.
4.2.2. When using the software, you must comply with local laws and regulations.
4.2.3. You shall not use the Software to perform the following acts, including but not limited to
4.2.3.1. Produce, reproduce, publish, disseminate or store the following content that violates local laws and regulations;
4.2.3.2. Post, transmit, disseminate or store any content that infringes the legitimate rights such as right to reputation, right of retraction, intellectual property rights and trade secrets of others;
4.2.3.3. False facts or conceal the truth to mislead or deceive others;
4.2.3.4. Post, transmit or disseminate advertising information or spam;
4.2.3.5. Engaging in other acts that violate local laws and regulations, etc.
4.2.4. Without Mt Distribution's permission, you must not engage in any commercial conduct in the Software, such as advertising, selling goods.
4.3 You understand and accept that:
4.3.1. Mt Distribution will determine whether the User is suspected of violating the above specifications of use and, based on the result of such determination, will suspend or terminate the use license granted to the User or take such other restrictive measures as may be adopted in accordance with the this Agreement;
4.3.2. Mt Distribution will directly delete any information suspected of being illegal or infringing the legitimate rights of third parties or violating this Agreement, which is posted by the User during the use of the Licensed Software;
4.3.3. In case of violation of the above specifications of use and therefore of damage to third parties, you must assume responsibility in your own name independently and hold Mt Distribution harmless from and against any loss or expense arising from such rights;
4.3.4. You shall indemnify and hold Mt Distribution harmless from and against any and all losses, third party claims, fines, damages and/or expenses, including reasonable attorneys' fees, costs of research and evidence gathering, incurred or suffered by Mt Distribution resulting from your violation of relevant laws or your violation of this Agreement.
PRIVACY POLICY AND PERSONAL DATA PROTECTION
SERVICE RISK AND DISCLAIMER
6.1. The User must procure the device necessary for accessing the Internet and using value-added telecommunications services from the mobile terminal and assume the communication charges, information charges and costs associated with accessing the Internet from the mobile terminal personal or charged by third parties (including but not limited to telecommunications and mobile communications providers). If value-added telecommunications services are required, we recommend confirming costs with your value-added service provider.
6.2. Neither Mt Distribution nor its Partners are responsible for any losses suffered by the User due to reasons attributable to third parties, such as communication line failures, technical problems, network or mobile terminal failures, system instability and other major force.
6.3. The Software, like most other Internet software, may be affected by factors including, but not limited to, Your reasons, quality of network service, differences in social environment, and so on. And they may also be subject to harassment related to various security issues, such as the use of your data by others, resulting in real-life harassment; other software downloaded and installed by the User or from other websites visited by the User contain "Trojan horses" and other viruses, which threaten the security of information and data on the terminal and which affect the normal use of the software. The User should increase awareness of information security and data protection of users, and pay attention to strengthening password protection, so as to avoid loss and harassment.
6.4. When the User uses the Software or requests Mt Distribution to provide specific services, the Software may call upon a third party system or software to support the User's use or access. The results of your use or access will be provided by the third party. Mt Distribution does not guarantee the safety, accuracy and effectiveness of the results obtained from the support of such system or software, and Mt Distribution does not assume other uncertain risks; in the event of disputes or damages, Mt Distribution assumes no responsibility.
6.5 Mt Distribution specifically draws the User's attention to the fact that Mt Distribution has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or third parties, in order to protect the user. autonomy of development and adaptation of the company.
6.6. Except as expressly provided by law and regulation, we will do our best to ensure that the Software, technology and information involved are safe, effective, accurate and reliable. However, based on existing technology, you understand that Mt Distribution cannot guarantee this.
6.7. You will be solely liable for any personal injury or incidental or consequential damages, including but not limited to loss of profit, loss of data, business interruption, or other business damages arising out of or in connection with: (1) l use or non-use of the Licensed Software; (2) unauthorized use of the Software or modification of your data by any third party; (3) costs and losses incurred by You while using the Software; (4) your misunderstanding of the Software; (5) other losses related to the Software for reasons not attributable to Mt Distribution.
6.8. If any personal or economic damage or loss has been or may be caused by the conduct of the User and other users of the software through any software, or due to the User being misled or deceived, the party at fault will assume all liability arising.
INTELLECTUAL PROPERTY RIGHTS STATEMENT
7.1. Mt Distribution is the owner of the intellectual property rights of the Software. All intellectual property rights such as copyright, trademark, patent, trade secret etc. relating to the Software and all information relating to the Software (including but not limited to text, images, audio, video, graphics, interface design, layout, electronic data or documents, etc.) are protected by local laws and regulations and corresponding international treaties. Mt Distribution benefits from the above intellectual property rights.
Aprilia is a trademark registered by Piaggio & CSpa and used under license by MT Distribution Srl
Argento and Platum are registered trademarks of MT Distribution Srl
Ducati is a trademark registered by Ducati Motor Holding SpA - Single Shareholder Company - Company subject to the Management and Coordination activity of AUDI AG and used under license by MT Distribution Srl
Ducati Scrambler is a trademark registered by Ducati Motor Holding SpA - Single Shareholder Company - Company subject to the Management and Coordination activity of AUDI AG and used under license by MT Distribution Srl
Jeep, the Jeep grille and related logos, vehicle model names and brand name are trademarks of FCA US LLC and used under license by M.T. Distribution Srl. ©2024 FCA US LLC.
The trademarks, copyrights, designs and models 'Automobili Lamborghini' and 'Automobili Lamborghini Bull and Shield' are used under license by MT Distribution S.r.l.
HEAD products are manufactured under licence by MT Distribution S.r.l.
7.2 Without the prior written consent of Mt Distribution, the User must not independently use or transfer any of the above intellectual property rights for commercial or non-commercial purposes, nor allow any third party to do so. Mt Distribution reserves the right to pursue legal liability for such acts.
AMENDMENT
8.1. Mt Distribution reserves the right to modify the terms of this Agreement from time to time, in its sole discretion, and such modified terms will be posted promptly on the relevant web pages. If you do not accept any amendment, you must take the initiative to cancel the services. Your continued use of the Services will be deemed acceptance of the modified Agreement.
8.2. Mt Distribution or the Partners reserve the right, from time to time and in its sole discretion, to change the paid services provided, charging criteria, charging method, service fees or terms of service. In providing the Services, Mt Distribution may begin charging certain users certain fees now or in the future. If the User refuses to pay such fees, the User will not be able to continue to use the relevant services after the charging has started. Mt Distribution and the partner will make every effort to notify the User of any changes via email or otherwise.