Moleskine Srl (hereafter “Moleskine”) is a company established and incorporated under laws of Italy This agreement (the “Agreement”) is a legal agreement between you and Moleskine and it includes the terms and conditions which grant to you the license to install and use Moleskine NotesAapp (the “Software”). The Software must be used in accordance with this Agreement. By installing, copying, or otherwise using the Software, you are expressly agreeing to be bound by the terms and conditions of this Agreement.
Please read carefully this Agreement before you install, copy and use this Software product. If you DO NOT agree to the terms of this Agreement, DO NOT install, copy or use the Software. Moleskine Notes App is the exclusive property of Moleskine Srl and/or its licensors, and it is protected under applicable copyright, property laws and other laws and treaties. This Agreement and your use of the Software do not grant you any ownership interest in or to the Software, and you are granted only a limited license to use that is revocable in accordance with the terms of these Agreements. This Agreement is valid from the moment of installing the Software (“Effective date”).
IMPORTANT - PLEASE READ THIS AGREEMENT BEFORE INSTALLING, COPYING OR USING THE SOFTWARE
Under the terms of this Agreement, Moleskine grants to you a limited, non-exclusive and revocable license to install and use the Software solely for your internal purposes and if you are the owner of a business activity or in control of a corporate group, also for the purposes of your business and corporate group. The Software and features provided by the Software or updates may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or network operator.
If you are 13 or older but under the age of 18, you represent that you have reviewed this Agreement with your parent or legal guardian and that you and your parent or guardian understands and consents to the terms and conditions of these Agreement.
If you are a parent or guardian permitting a person under the age of 18 ("Minor") to use the Software, you agree to: (i) supervise the Minor's use of the Software; (ii) assume all risks associated with the Minor’s use of the Software, (iii) assume any liability resulting from the Minor’s use of the Software; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of the Software.
You may not reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction. Trademarks of the Software, intellectual property rights, and all other rights of the Software therein are the exclusive property of Moleskine and/or its third parties’ licensors. You are prohibited from removing any copyrights or proprietary notices on the Software, and you must reproduce all copyright and proprietary notice on the copies lawfully made by and/or on behalf of you.
Moleskine may, from time to time, revise the Software and its provisions, but Moleskine incurs no obligation to furnish such revision or updates to you. Except as otherwise provided herein, Moleskine DOES NOT grant to you an express or an implied right of the patent, the copyright and the trademark of the Software, or other intellectual property rights. You are prohibited from transferring the Software to any third-party, or to copy the Software.
User shall not, and shall not allow, any third-party to:
a. Sub-license, distribute, sell, rent, lease, and donate whole or a part of the Software to a third-party, or otherwise transfer your right.
b. Modify, reverse engineer, de-compile, disassemble the Software or otherwise attempt to derive sequence, structure and source code of the Software, or any act prohibited by a law, except as may be permitted under any imperative provision of any applicable law.
c. Distribute, sell, rent, lease, and donate any application created using and/or based on this Software.
d. Eliminate or modify any notice on copyright, property and patent rights, or a trade secret, or any warning from any clause contained in the Software.
e. Except as otherwise provided herein, copy all or any part of the Software;
f. use the Software to support, make or sell products that compete with Moleskine’s products. If you fail to comply with any of the terms of this Agreement, your license shall automatically terminate (see also art. 7 below) Such termination shall be in addition to, and not in lieu of, any criminal, civil or other remedies available to Moleskine.
The Moleskine application may interoperate with third parties’ applications or services, for the purposes of (inter alia) allowing the storage of the content you create with the Moleskine application. Your shall be solely responsible to comply with any terms of use concerning such third parties’ applications and Moleskine does not accept any responsibility concerning the continuing availability of such applications or any service disruptions they may cause.
To the maximum extent permitted by applicable law, the Software is provided “AS IS” and on “AS AVAIABLE” basis, without express or implied warranties, or contractual conditions of any kind from Moleskine. To the maximum extent permitted by applicable law, Moleskine disclaims all warranties or other terms expressed, implied or statutory, included, but not limited to, warranties or terms of merchantability, satisfactory, quality, fitness for a particular purpose, use, reliability or availability, accuracy, lack of viruses, quiet enjoyment, non infringement of third parties rights or other violation of rights. Some jurisdictions do not allow exclusions or limitations of implied warranties, so the above exclusions or limitations of implied warranties may not apply to you. Moleskine is not liable to user or to any third-party for the completeness and accuracy of the information, text, graphic, link, or other provisions.
Moleskine DOES NOT warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free, nor that the Software will be supported for the entire life of any other products with which the Software interfaces or otherwise interact.
No advice or information, whether oral or written, obtained by you from Moleskine or its affiliates shall be deemed to alter this disclaimer by Moleskine of .warranty regarding the Software, or to create any warranty of any sort from Software.
In no event will Moleskine be liable for damages of any kind for or related to the use of the Software or Inability of use included but not limited to damages caused by or related to errors, omissions, lost profits, business interruption, lost information, defects, delay in operation or transmission, network charges and all other direct, indirect, special, incidental, exemplary or consequential damages even if Moleskine has been advised of the possibility of such damages. In no event shall Moleskine have liability to you or any other person or entity for lost data or any other damages resulting from misuse of the Software. Some jurisdictions DO NOT allow the exclusion or limitation of damages, so the above exclusions and limitations may not apply to you. There might be different legal rights depending on the jurisdictions. You acknowledge that the above provisions of sections 4 and 5 are reasonable given the benefits of the Software and you will accept such risks and/or insure accordingly.
You acknowledge that Moleskine and/or parties that are entrusted by Moleskine may collect and use information and personal data necessary to provide the Software and updates, improve or enhance the Software. At all times your personal data will be processed in accordance with Moleskine’s Privacy Policy, which can be viewed at https://www.moleskine.com/privacy-policy-notes-app.html
You also acknowledge that Moleskine and/or parties that are entrusted by Moleskine may collect and use information through the service “Firebase Crashlytics” and “Google Analytics for Firebase” necessary to provide the Software and updates, improve or enhance the Software, fix bugs. The information (by way of example the location and the device) is collected in a way that does not allow you to be identified by Moleskine. At all times the information will be processed in accordance with the “firebase crashlytics and firebase app distribution terms of service, which can be viewed at https://firebase.google.com/terms/crashlytics/ and in compliance with “google analytics for firebase terms of service” which can be viewed at https://firebase.google.com/terms/analytics/.
Some features of the Software may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The Software may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Software may be affected by the suitability and performance of your device hardware or data access.
This Agreement shall become effective on the Effective date, according to this section, it remains effective until terminated. This Agreement shall automatically expire at the end of the term of this Agreement in case that the usage of the product is limited to a specific period. All rights granted to you under the Agreement are protected by Moleskine. If you fail to comply with any of the terms of this Agreement, your license shall automatically terminate, upon notice from Moleskine. You can terminate this Agreement at any time for any reason, by ceasing your use of the Software, and uninstalling, deleting and returning the Software, and all related documentations and other materials provided by Moleskine, including backup copies thereof . In any case, upon termination of this Agreement, you must immediately delete and/or return the Software and all related documentations and other materials provided by Moleskine, including backup copies created by you or processed differently.
For the purpose of clarity, Moleskine may terminate at any time this Agreement with notice to you (e.g., service website, pop-up through application, email or etc.). Sections 2 (RESERVATION OF RIGHTS AND OWNERSHIP), 6 (LIMITATION OF LIABILITY; INDEMNITY.), 10 (ENTIRE AGREEMENT), 13 (APPLICABLE LAW) and 14 (DISPUTE RESOLUTION) shall survive termination. .
This Agreement is the entire agreement between you and Moleskine, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You acknowledge that you have read this license Agreement and that installation and/or usage of the Software indicates your acceptance of the terms and conditions here in.
You acknowledge and agree to comply with any and all applicable laws and regulations in using the Software including without limitation, all applicable export restriction laws and regulations.
You agree to indemnify, defend, and hold harmless Moleskine, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use of the Software, your violation of the rights of any third party, or any breach of this Agreement.
This Agreement shall be governed by, and construed in accordance with, the laws of Italy. If for any reason a court of competent jurisdiction finds any provision of this license, or proportion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this license shall continue in full force and effect.
If a dispute, controversy or difference arising in any way from this Agreement or your use of the Software may be not amicably settled or settled by way of an alternative online dispute resolution mechanism, if available,, shall be submitted to: i) if the user qualifies as a consumer, to the competent courts of the district where the user has his/her permanent residence, or: ii) if the user qualifies as a professional, business or corporate entity, undertaking or the like, to the exclusive jurisdiction of the courts of Milan. a. Notwithstanding the foregoing, Moleskine may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.