User Agreement App

These terms are binding between you and Framason S.A. and its affiliates ("Framason S.A.") for the Application, Services, and any support material related to these terms. "Application" means collectively the software, software components, and related documentation accompanying these terms. "Services" means collectively our website or online services accessible through our products or the Application By using or accessing the Application or Services, you agree to these terms If you are using the Application and Services on behalf of a company, then you represent and warrant that you have the authority do so and therefore bind your company. You represent and warrant that you have the legal capacity to enter into a binding agreement and that you are of the age of consent. These terms and any links to policies related to these terms may be periodically updated. 

 

1. LICENSE.  

 

1. Subject to your compliance with these terms, Framason S.A. grants you a non-exclusive and non-transferable license to use the Application as permitted under these terms. This license is not a sale of software or permission to lend, sell, redistribute, sublicense, lease or rent the Application to other parties.  

 

1. Framason S.A. retains all rights, title, and interest in and to the Application. 

 

 

1. LICENSE RESTRICTIONS.  

 

2.1 You may not reproduce, modify. transfer. transmit, sublicense, or export the Application. You may not disassemble, decompile, reverse engineer the Application, and you may not allow others to do the same. To the extent you are permitted under applicable law to reverse engineer for interoperability purpose, you must (a) state your purpose in a written request to Framason S.A., and (b) allow Framason S.A. the opportunity to investigate and provide the necessary information.  

 

2.2 You may not remove any disclaimers, warnings. copyright notices, trademark notices, or other proprietary notices on or embedded in the Application.  

 

2.3 Framason S.A. owns all intellectual property rights in the Application and all modifications, updates, upgrades, and derivative works based upon the Application. Framason S.A. reserves all rights not expressly granted under these terms. 

 

1. SERVICES  

 

3.1 The appllcation may enable access to Services. The Services may be subject to additional restrictions You must agree to these additional terms to use or access the Services. Framason S.A. is not responsible or llable for the Services or content that you may access through the Services (such as the accuracy. completeness, or operation of the content or Services).  

 

3.2 By using any of the Services, you may encounter content that may be offensive, indecent, or objectionable to you. Your sole remedy is to simply stop viewing the content. Pages describing the Services are accessible woridwide but this does not mean all Services or service features are available in your country. or that user-generated content avallable via the Services is legal in your -country. Framason S.A. may block access to certain Services (or certain service features or content) in certain countries. It is your responsibilityto.make sure your use of the Services is legal where you use them. Services are not available in all languages.  

 

3.3 Framason S.A. may modify. update or discontinue the Services or Application (including any of their portions or features) at any time without llability to you or anyone else. However, Framason S.A. will make reasonable efforts to notify you before making any major changes. 

 

3.4 You may not reproduce, modify. distribute, sell rent, lease, or create derivative works of the Services or content in any manner. You may not exploit the Services in any unauthorized way whatsoever, indluding but not limited to., trespassing or burdening network capacity. You must. comply with applicable law. You may not use the Services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party. Framason S.A. is not in any way responsible for your use of the Services.  

 

3.5 Framason S.A. may collect and use technical data and related information, including but not limited to, technical information about the device, system, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Application. Framason S.A. may use this data, if it does not personally identify you, to improve its products or to provide services or technologies to you.  

 

3.6 The Application collects and processes data with Google Analytics. How Google uses data is described in the link below for Google Analytics. The Framason S.A. Privacy Policy at https://vieta.es/politica-de-privacidad/ describes how You may consent to the storing and accessing of cookies and other information on your Application. By using the Application, you agree to the Framason S.A. Privacy Policy, which is incorporated into this EULA by reference. 

 

3.7 The Application may automatically download and install updates to the Application or the Framason S.A. products related to the Application. These updates may take the form of bug fixes, new features, or new versions. You agree to receive such updates from Framason S.A. as part of your use of the Application. 

 

1. TERMINATION. 

 

4.1 Without prejudice to any other rights, Framason S.A. may terminate these terms without notice if you fail to comply with these terms.  

 

4.2 You may terminate these terms without notice to Framason S.A. by ceasing use of and destroying all copies of the Application, including all archival copies.  

 

4.3 Upon termination of these terms for any reason, you must immediately cease use of the Application, and destroy all copies of the Application, including all archival copies. 

 

1. DISCLAIMER OF WARRANTIES.  

 

5.1 The Application and services are provided "AS-IS". To the 1 maximum extent permitted by law, Framason S.A. disclaims all warranties express or implied. including the implied warranty of non-infringement. Merchant ability, and fitness for a particular purpose.  

 

5.2 We further disclaim any warranty that (a) the Application or Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free: (b) the results that may be obtained from the use of the Application or Services will be effective, accurate, or reliable; (c) the quality of the Application or Services will meet your expectation; or that (d) any errors or defects in the Application or Services will be corrected. 

 

1. LIMITATION OF LIABILITY.  

 

6.1 In no event will Framason S.A. of its suppliers be liable for any special, indirect, consequential, incidental, or punitive damages, however caused, regardless of the theory of liability. or whether arising out of the use of or inability to use the Application or Services, even if Framason S.A. or its suppliers or licensors have been advised of the possibility of such damages. The limitation or exclusion does not apply to claims that cannot be excluded under applicable law.  

 

6.2 In no event will Framason S.A.'s total lability to you for all damages (other than as may be required by applicable law) exceed $50.The limitations in this Section 6 will apply to the maximum extent permitted by applicable law, even if any remedy falls its essential purpose. 

 

1. GENERAL PROVISIONS.  

 

7.1 These terms are governed by and construed in accordance with the substantive laws of the state of New York, excluding its conflict of law principles. You and Framason S.A. agree to exclude the United Nations convention on contracts for the international sale of goods under these terms and any transaction that may be implemented in connection with these terms. You and Framason S.A. agree that the subject matter and personal jurisdiction are proper in the courts located in United States of America District Court for the Southern District of New York. The prevailing party in any litigation arising from these terms is entitled to recover reasonable attorneys' fees and related expenses, in addition to any other relief granted. Your use of the Application may also be subject to other local, state, national, or international laws. 

 

7.2 You may not assign or delegate all or any part of your rights or obligations under these terms without the prior written consent of Framason S.A., except to a person or entity that accepts possession or title of the Product and who agrees to be bound by these terms. 

 

7.3 Articles 4, 5, 6, and 7 will survive any termination or expiration of these terms.  

 

7.4 Any amendment to or modification of these terms must be made in writing and signed by an authorized representative of both You and Framason S.A. These terms are the complete and final agreement between You and Framason S.A. with respect to the subject matter of these terms. To the extent that any terms of any Framason S.A. policies or programs for support services conflict with these terms, these terms control.  

 

7.5 lf any provision of these terms is held to be void, invalid, unenforceable, or illegal, the other provisions will continue in full force and effect.  

 

7.6 The failure of either party to enforce any rights or obligations under these terms, or to take any action against the other party in the event of any breach, shall not be considered a waiver to subsequent enforcement of rights or subsequent actions in the event of future breaches.  

 

7.7 Questions, complaints or claims with respect to the Application may be directed to Framason S.A. at Framason S.A. International Industries, Incorporated, 400 Atlantic Street, Stamford, CT 06901. 

 

1. EXPORT CONTROLS. 

 

The Application, documentation and technology or direct products supplied by Framason S.A. under these terms ("Technology"), are subject to export controls under applicable laws and regulations. You must comply with such laws and regulations governing export, re-export, import, transfer, and use of the Technology and will obtain all required U.S. and local authorizations. permits, or licenses. In particular, but without limitation, the Technology may not be exported or re-exported (a) into any embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S.Department of Commerce's Denied Persons or Entity List. By using the Application, You represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Products for any purposes prohibited by United States law, including without limitation, the development, design, manufacture, or production of nuclear, chemical, or biological missiles or weapons. You agree to provide any other information, support documents, and assistance as may reasonably be required in connection with securing authorizations or licenses. 

 

1. GOVERNMENT USERS 

 

The Application and documentation qualify as "'Commercial Items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) AS2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in FAR As12.212.Consistent with FAR ÂS12.212 and DoD FAR Supp. As227.7202-1 through ÂS227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which these terms may be incorporated, you may provide to a Government end user or, if these terms are direct, a Government user will acquire, the Application and documentation with only those rights set forth in these terms. Use of either the Application or documentation or both constitutes agreement by the Government that the Application and documentation are "Commercial Computer Software" and "Commercial Computer Software Documentation,' and constitutes acceptance of the rights and restrictions in these terms.