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LICENSE AGREEMENT FOR USE OF THE SOFTWARE NAMED MALCOM’S DAY® PROPERTY OF HOODIE AND THE DUMMY STUDIOS BY MANCO ANDREA
Provided that Hoodie and The Dummy Studios by Manco Andrea (hereinafter “Manco Andrea”) is a self-employed author of the work, this contract (hereinafter defined also as “agreement”) consists in license for use of the software (hereinafter defined as “Game”) named Malcom’s Day and of related supports, where provided.
All contents are copyrighted. Game and source code are deposited at the SIAE, June 2018.
Malcom’s Day® is a registered trademark property of Manco Andrea.
© Andrea Manco 2018. All rights reserved.
The final user (hereinafter defined also as “User”), by installing or using the Game in a different way, declares he enjoys rights and has powers to stipulate this contract and accepts to be legally bound to every condition in this contract. If the User does not accept all conditions in this contract he won’t be authorized to install the Game and/or use the Game in other way.
This contract is a legal document, which must be read carefully before continuing software installation and contains, among others, conditions of restriction of liability and warranty. The access to the Game and its use by the User must occur accordingly and respectfully of every regulation and legislative provisions, applied to a local, regional, national and international level.
The User who logs into the Game has accepted beforehand, and he is committed, to observe all terms and conditions provided on the platform on which the User makes the payment.
By completing the software installation, clicking on “ACCEPT”, the User confirms to accept all conditions contained in this contract. If the User does not accept this contract in full, by clicking on “DO NOT ACCEPT”, must interrupt the software installation, and proceed to destruction and cancellation of any copy of the software in his possession.
1 RECITALS. Recitals constitute substantial and integral part of this contract and, as such, they are accepted unconditionally from the Parts (by “Parts” we mean “Manco Andrea” and “User” together).
2 OBJECT. With this contract Manco Andrea grants, and the User accepts, a limited and non-exclusive license of the Game named Malcom’s Day.
Description:
- Platform: PC
- Genre: platform / adventure/ indie
- Mode: single-player
Minimum system requirements:
Operative System: Microsoft® Windows® 7
Processor: 2.8GHz
Memory: 4GB RAM
Graphics: 3D Graphic Card
Disk space: 250 MB space available
Screen resolution: 1280x720
Additional Notes: partial support for Microsoft® Xbox 360 controller
Save Game system:
The User can save game progresses. The use of this characteristic by the User implies that User itself allows the Game to create automatically, in a safe position on the target platform, a folder in which game progresses will be saved as a file. The User acknowledges and accepts that Manco Andrea, under no circumstances and nowise, can be considered liable of possible malfunctions, troubles, losses, other damages, of any nature and of any entity, of the target platform, of the Game itself and/or of any other kind arising from the creation and/or the proper or improper use of the folder aforementioned and/or its content.
3 LIMITED AND NON-EXCLUSIVE LICENSE. COMPENSATION. With this contract Manco Andrea grants and the User accepts a limited and non-exclusive license for installation and use of a single copy of the Game, named Malcom’s Day, available exclusively to the User, upon a single computer (hereinafter defined also as “device”), in a readable format from the computer itself.
To acquire the aforementioned limited and non-exclusive license the User accepts to pay, as compensation, the amount indicated on the platform on which the Game is available, according to the methods provided by the platform itself. This compensation can be increased by rights, fees and/or charges of any other nature, in any case where current regulations and legislative provisions. The User accepts to pay, in addition to the aforementioned compensation, any further amount concerning rights, fees and/or charges of any other nature, in any case where current regulations and legislative provisions (defined also as “current regulation” hereinafter) require application.
Manco Andrea grants and the User accepts the aforementioned license and a non-exclusive right to use the software for exclusively personal and non-commercial use.
The aforementioned license and the relating right will end, mandatorily, with the termination of the contract and/or cessation of the software availability to which license and related right are related, for whatever reason this termination is attributable.
The User acknowledges and accepts that this contract does not confer any future right or updates, new versions, corrective patch and/or other software improvements, although Manco Andrea can, in its sole discretion, decide to provide these mentioned updates. With this contract the User accepts to grant to Manco Andrea the right to make available, in its sole discretion, these mentioned, possible, future updates, new versions, corrective patch and/or other software improvements, to which they apply, mandatorily, all provisions of this contract related to the software, and for their installation the User must have an Internet connection, needed also to download the Game.
The User acknowledges and accepts that the mentioned, possible, future updates new versions, corrective patch and/or other software improvements, could determine minimum requirements changes needed for the functioning of the software itself and accepts to release Manco Andrea, from now on, from any liability and responsibility in any case where, actually, the aforementioned minimum requirements changes needed for the functioning of the software occur. The termination of use of the software, does not give to the User the right to receive any refund and/or compensation, not even in proportion of the payment. The User acknowledges and accepts that, in case of termination of use of software, is strictly excluded the refund, even in proportional measure, of the payment. The User, moreover, acknowledges and accepts to keep at its own exclusive charge any expense, cost and/or other charge related to the possible operation of adjustment to the modified minimum system requirements needed for the software functioning, to any reason the adjustment operation is attributable.
4 LICENSE RESTRICTIONS. The User can make use of the software, named Malcom’s Day, exclusively for personal and non-commercial use.
The User is not allowed to copy, photocopy, duplicate, publish, play, distribute, translate, decode, edit, disassemble, decompile the software and/or parts of it. The User is not allowed to deconstruct, dismantle, adapt, blend the software and/or parts of it. The User is not allowed to carry out reverse engineer operations on the software and/or parts of it and he is not allowed to reduce, in any other way, the software and/or parts of it in a form understandable to man. The User is not allowed to derive the source code of the software and/or parts of it. The User is not allowed to produce works derived from, based on and/or obtained from the software and/or parts of it, without prior written authorization by Manco Andrea. The User is not allowed to generate data, executable programs and/or other contents, derived from and/or that imitates data and/or functionalities present in the software, without prior written authorization by Manco Andrea.
The User is not allowed to make use of and/or make available to third parties the Game and/or parts of the Game in commercial and non-commercial contexts, such as, by way of example but not exhaustive, service agencies, cyber café, videogames centers, recreational clubs and other associative forms, also non-profit, other public and/or private structures where more users can access the Game and/or parts of the Game.
The User is not allowed to make online use of the software and/or parts of it, to permit the online use of the software and/or parts of it, to make available the software and/or parts of it for online use, both in multi-user and remote access.
The User is not allowed to make use of the software, parts of the software and/or any information, material and/or support related to and/or integrated in the software itself for immoral, illegal purposes, and/or any other purpose not compliant with current national and international regulations, including international conventions between States.
5 OWNERSHIP OF THE SOFTWARE. All intellectual property rights related to the Game, named Malcom’s Day, including video materials, audio materials, computer codes, themes, titles, subjects, characters, characters’ names, stories, dialogues, slogan, settings, conceptions, illustrations, graphics, animations, sounds, musical compositions, audiovisual effects, texts, lines, views, game methods, game instructions, moral rights, applet incorporated in the software, works derived from the software, other contents derived from the software, related documents and any other content related to the software and/or integrated in it, are exclusive property of Manco Andrea, as well as any copy of the aforementioned rights and trademarks related to the software is exclusive property of Manco Andrea.
Any modification, development, alteration granted to the User upon Game Components (where, for “Game Components”, by way of example but not exhaustive, is intended characters, scenic design, objects, logo, music, songs and voices) can not be qualified as transfer of ownership right on those Components.
The Game is licensed for use to the User, not sold. This agreement does not confer to the User any property right or title of ownership or any other interest of any nature on the software. The software and any other copy of the software are exclusive property of Manco Andrea, as well as, alike, all registered trademarks related to the software are exclusive property of Manco Andrea. The User acknowledges and accepts to not to own any right or title of ownership or any other interest of any nature on the software, on its contents, on all other rights listed above, on registered trademarks related to the software, on any copy of the software, of its contents and of all other rights listed above. The User acknowledges and accepts to not to own any right or title of ownership or any other interest of any nature on eventual game currency and on possible virtual objects. In no case and in any way the possible game currency and possible virtual object can be redeemed by Manco Andrea, by other person, company and/or authority in exchange for money, object with monetary value or monetary equivalents. The possible game currency and possible virtual objects do not have an equivalent value in terms of real currency and can not be used, in no case and in any way, as substitutes of real currency. Under no circumstances and nowise, Manco Andrea, other person, company and/or authority, will have the obligation to exchange possible game currency and possible virtual objects with valuable objects, including, without any restriction, real currency. All possible purchases of game currency and virtual objects are considered definitive and can not be refunded, transferred or exchanged, in no case and in any way. Manco Andrea will not refund any access fee, usage rate and/or non-use of possible game currency and possible virtual objects. Manco Andrea reserves and holds all rights, titles and interests related to game currency and virtual objects, where they are present, which are subject to the same provisions provided in this agreement in relation to the Game and any other aspect related to the Game itself.
The User is not allowed to remove, disable, evade, modify, tamper with notices and/or labels, in any way they are affixed, related to the property of the software and/or contained in the software itself and related to registered trademarks connected to the software.
The software, named Malcom’s Day, is protected by Italian laws on copyright, by agreements, by international conventions and regulations on copyright, by any other Italian and international regulation and/or convention related to intellectual property and to any other right related to the software, including rights related to registered trademarks connected to the software.
6 EXCLUSION AND LIMITATION OF GUARANTEE. LIMITATION AND EXCLUSION OF LIABILITY. Before proceeding with the installation of the software, named Malcom’s Day, the User must read carefully the software information available, among which software description, minimum system requirements needed for the software functioning, recommended system requirements if available, the possible game instructions and any other possible information available.
To the maximum extent permitted by the relative current national and international regulations, including international conventions between States, Manco Andrea does not assume any liability related to the Game and to any other information, material and/or support connected to and/or integrated in it, that are provided “in the condition in which they are”, “depending on availability” and “with all the defects and inaccuracies they contain”, without guarantee of any kind, expressed or implied, such as, by way of example but not exhaustive, implied guarantees of merchantability, of adequacy for a specific purpose, of satisfactory quality, of precision, of diligent execution, of workmanlike execution, of peaceful enjoyment, of non-infringement of third-party rights.
Manco Andrea does not provide any guarantee that the software will satisfy the requirements that the User requests and that the results achieved from the use of the software will be effective, precise, reliable. Manco Andrea does not provide any guarantee that the software will be interoperable and/or compatible with other software.
Manco Andrea does not provide any guarantee that the use of the software will be continuous, accurate, reliable and with no interferences.
Manco Andrea does not provide any guarantee that the software will be error free, without technical inaccuracies, and computer viruses.
No verbal and/or written information provided by Manco Andrea can constitute or be considered as a guarantee.
Manco Andrea does not provide any guarantee of suitability and accuracy of information contained in the software and/or connected to the software. Information, dialogues, graphics, musical compositions, any other software element and any other support, possible, connected to and/or integrated in the software, could contain typographical errors and/or technical inaccuracies, in relation to which Manco Andrea does not assume any liability.
The software could result outdated, and Manco Andrea does not assume any commitment to update the software itself.
The User acknowledges and accepts that Manco Andrea will never be considered responsible for not to have made available and/or to have made available late the software and/or any information, material and/or support related and/or integrated in the software itself, for reasons separate from will and from control of Manco Andrea, be it predictable or non predictable, such as, by way of example but not exhaustive, labor disputes, wars, acts of terrorism, vandalism, fires, earthquakes, floodings, any other natural and/or unnatural disaster, adverse weather conditions, accidents, contamination of any kind, explosions of any kind, inability to guarantee and/or provide the service, denial of service attacks, interruptions of network services, failure of communication lines, legal regulations and/or governmental acts, other causes and other events similar or not to those listed above.
The User acknowledges and accepts that temporary interruptions of the software may occur and that such interruptions are to be considered as normal events.
The User acknowledges and accepts that Manco Andrea has no control over the third-party networks to which the User could access during the download, installation and use of the software and that, therefore, delays, interruptions and suspensions of other network transmissions are completely independent of the control of Manco Andrea, who can not, in any case and in any way, be considered responsible.
To the maximum extent permitted by current national and international regulations, including international conventions between States, Manco Andrea can never be considered liable, in no case and in any way, for losses and/or damages of any nature and of any entity deriving or, in any case, connected to the software, to the use of software, to the impossibility of using the software and/or to the cessation of the availability of the software, including, by way of example but not exhaustive, loss of start-up, interruption of activity, computer failure, anomalies and/or computer and operating system malfunctions, any other damage and/or commercial loss, any other damage and/or loss of any other nature, even in the case of negligence, objective liability, non-fulfillment, violation of guarantee by Manco Andrea.
In no case and in any way will Manco Andrea be considered responsible for any indirect, accessory, conseguential, special, punitive, exemplary and/or, if any, other damages of any nature arising or, in any case, connected to the software and to any information, material and/or support connected and/or integrated in the software itself, even in the case of negligence, gross negligence, objective liability, non-fulfillment, breach of warranty by Manco Andrea.
Under no circumstances and in any way will Manco Andrea be considered responsible for any damages and/or injuries, including physical and/or personal and death, if any, arising or, in any case, connected to interruptions, malfunctions, errors, defects, computer viruses, omissions, cancellations, delays in operations and/or transmission, theft, damage, destruction, alterations, unauthorized access and use of the software, the download and/or any information, material and/or support connected and/or integrated into the software itself and/or connected to failures of the communication lines and/or any other cause, even in the case of negligence, gross negligence, objective liability, non-compliance, breach of warranty by Manco Andrea.
Under no circumstances and in any way will Manco Andrea be considered responsible for any losses and/or damages of any nature, to the characters of the Game, to any virtual goods, to any currency, to any accounts, to any statistics, to level reached by the User using the Game, to the profile information stored by the Game, to any other function of the Game, to any information, material and/or support connected and/or integrated in the software, even in the case of negligence, gross negligence, strict liability, default, warranty breach by Manco Andrea.
The operation of downloading, installing and using the software and/or any information, material and/or support connected and/or integrated in the software itself is at the sole discretion and risk of the User, who will be the only one liable for any damage and/or loss, including any damage to the device, arising or, in any case, related to the aforementioned activities, even when caused to third parties.
Under no circumstances and in any way will Manco Andrea be considered responsible and/or considered responsible for the User's conduct, whether such conduct is in connection with access to the Game, use of the Game and/or Game Components, whether such conduct is attributable to the Game, the use of the Game and/or the Game Components. The User acknowledges and accepts to be the sole and exclusive responsible for the contents generated by him and published and/or transmitted to other users or third parties. In particular, the User undertakes, under his own personal responsibility, to refrain from performing and to avoid inducing others to carry out, in relation to the Game, parts of the same and/or any information, material and/or support connected and/or integrated into the Game itself, the actions listed below, for which Manco Andrea will, in no case and in any way, be considered liable:
publish, transmit and/or disclose content generated by the User that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, scurrilous, sexually explicit, harassing, intimidating, harmful to the right to privacy and/or advertising, outrageous, instigators, fraudolent; promote or encourage illegal or generally antisocial activities, including software piracy; promote attitudes of racism, intolerance, hatred and behavior that can cause physical injury, loss and/or damage of any other kind to people or groups of people; promote attitudes that are otherwise considered inappropriate;
publish, transmit and/or disclose content generated by the User that may violate patents, registered trademarks, trade secrets, copyright, other intellectual or proprietary rights of any person, company and/or entity;
engage in commercial and/or sales activities, including the transmission of advertinsing and/or promotional content;
communicate, disclose and/or disseminate private information about people, companies and/or entities, including the User himself;
to pass off as other persons, companies and/or entities, not corresponding to their identity, including managers and directors of forums, guides, hosts, employees, agents and/or other collaborators of Manco Andrea; falsely declare or otherwise fear a connection with people, companies and/or organizations;
hinder or interrupt the Game or the normal course of the Game Contents and its dialogues, use abusive, outrageous or shouted language, such as, but not limited to, the use of CAPITAL LETTERS; send unsolicited messages and use any other disruptive technique capable of disturbing and/or conditioning other users of the Game;
use design bugs, defects or errors to obtain unauthorized access to the Game; use cheats or exploits in connection with the Game, including, but not limited to, bots, emulators or other unauthorized third-party tools; access sections of the Game to which the User is not authorized to access; access and/or use the Game if the User has previously been suspended or removed from the Game;
perform acts that prevent other users from fully enjoying the Game, in compliance with the relevant rules; perform acts that produce or cause an increase in expenses and/or difficulties, for Manco Andrea and/or the platform supplier on which the Game is available, relating to the correct maintenance of the Game available to all users;
cause claims for damages and/or cause any other dispute with Manco Andrea.
The User acknowledges and accepts that, under no circumstances and in any way, will Manco Andrea be held responsible and/or held responsible for any User behavior that may be attributed to the situations just listed, in relation to which the User assumes, from now on, to its own exclusive responsibility.
The User acknowledges and accepts that all the aforementioned restrictions and exclusions of responsibility will be fully valid and effective even if Manco Andrea has been warned in advance of the possibility that damage and/or losses of any kind could occur, including in the failure and/or inadequacy of any corrective measures.
The User acknowledges and agrees that in the event of a dispute with Manco Andrea, he may obtain, as a sole remedy, the right to stop using the software.
The User acknowledges and accepts that Manco Andrea's liability towards the User may be quantified in a maximum amount not exceeding the amount actually paid by the User to obtain a limited use license, non-exclusive, of the software named Malcom's Day.
In the event that the laws in force in some States, territories and jurisdictions do not allow the exclusion and/or limitation of liability for consequential, incidental and/or other damages and/or in cases of fraud, accident, death and/or in other possible cases, in these States, territories and jurisdictions the limitation of liability of Manco Andrea, upon the occurrence of the aforementioned situations, will be equal to the maximum extent permitted by the aforementioned regulations and, in any case, this article will never be separable from the rest of the contract and will maintain its validity and effectiveness for all the other contractual conditions that it provides.
In addition to the provisions of this article 6 (Exclusion and limitation of guarantee. Limitation and exclusion of liability), without prejudice to the application to the present contract of the Italian law, the following specific provisions apply:
if the User resides in the United States of America any guarantee relating to the violation, described in Articles 2-312 of the United States Uniform Commercial Code and/or in other comparable regulations in force, be they State or of any other nature, is expressly denied;
if the User resides in Australia, to the extent permitted by applicable law, the conditions and guarantees provided for in Table 2 of the Competition and Consumer Act 2010 (Cth), the Australian law on competition and consumer protection, are completely excluded from this agreement. To the extent that they cannot be excluded, the User residing in Australia acknowledges and accepts that it is correct and reasonable to limit the liability, if any, of Manco Andrea to the renewed supply of the limited and non-exclusive use license of the Game or, in alternative, to the refund of the consideration actually paid by the User to obtain the renewed supply of the limited and non-exclusive use license of the Game;
if the User resides in Germany, the User acknowledges and accepts that the liability regime independent of fault for initial defects, foreseen for Manco Andrea from section 536a, paragraph 1, of the German Civil Code is excluded in any case.
The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods (Convention on Contracts for the International Sale of Goods) does not apply to any dispute and/or transaction arising from this agreement.
7 INDEMNITY AND LIABILITY. The User undertakes, without limitation, to defend, indemnify and hold Manco Andrea harmless from any liability in connection with claims, damages, losses, claims for compensation, requests for reimbursement of costs and/or expenses, of any nature and of any entity, including, by way of example, but not limited to, legal fees, which are generated:
a) from the use by the User of the Game, named Malcom's Day, of parts of the same and of any information, material and/or support connected and/or integrated in the software itself, including, by way of example but not limited to, the creation and/or the use of User-generated content derived from and/or linked to the software;
b) from any violation of this agreement by the User;
c) from any content created by the User of a discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate or that may in any way infringe the rights of third parties;
d) by statements relating to the content of the software, which the User makes available through any support, tool and/or other means, which violates the current regulations relating to copyright, registered trademarks, trade secrets, privacy, to any other intellectual property and to any other right of third parties.
In the eventualities mentioned above, Manco Andrea reserves the right, if it deems it to be appropriate, to take control of any lawsuits, and the User undertakes, without exception, to collaborate with Manco Andrea for the positive resolution of any disputes and immediately cease using the software.
8 REQUIREMENTS TO ACCESS THE SOFTWARE AND RESTRICTIONS. PROHIBITIONS OF ACCESS TO AND/OR USE OF THE SOFTWARE. The local law in the User's jurisdiction could provide that the User must have reached a certain age in order to access the use of the software, named Malcom's Day, and can therefore be legally binding on the conditions all contained in this contract. In the event that the User has not yet reached the required age, within the scope of his jurisdiction, the User himself is not authorized to install the Game and/or use it in any other way, unless one of the User's parents or legal guardians guarantee that they have read and understood all the conditions contained in this contract and accept the same contract fully and unconditionally. Local law in the User's jurisdiction could also require that users under a certain age be supervised and/or controlled while using the software. By installing and using the software, the User guarantees that he has reached the required and required age, within his jurisdiction, to use the software without any supervision. If the User has not yet reached the required age, within his jurisdiction, to use the software without any supervision, one of the User's parents or his legal guardian must ensure supervision and/or control continued use of the software by the User himself.
The User undertakes, without fail, to comply with all applicable regulations concerning import and export and all other current regulations, whether national and/or international, including international conventions between States, in any situation related to downloading, installation and use of the software. The User undertakes, without fail, not to export the software, parts of the software and/or any information, material and/or support connected and/or integrated in the software itself in States, territories and jurisdictions subject to restrictions on the export of data, for any reason the aforementioned restrictions are due. The User undertakes, without exception, not to allow the use of the software, parts of the software and/or any information, material and/or support connected and/or integrated in the software itself to persons belonging to and/or resident in the aforementioned States, territories and jurisdictions subject to restrictions on the export of data, and to companies and entities that in these States, territories and jurisdictions have their headquarters. The User declares and guarantees, under his own responsibility, that he is not in any of the above-mentioned States, territories and jurisdictions subject to restrictions on the export of data, of not being subject to the control of the same, and of not being a citizen and/or resident.
As the software is potentially accessible from all over the world, Manco Andrea makes no representations and assumes no responsibility in relation to the appropriateness, conformity and regularity of the use of the software, which cannot be accessed by States, territories and jurisdictions in the such as the content of the software, the attached information and any other material and/or support connected and/or integrated in the software itself is prohibited. Users who choose and decide to access the software from the aforementioned States, territories and jurisdictions, perform the operation of accessing the software on their own initiative and are totally responsible for the conformity of the operation with the local regulations in force, if and in the the extent to which these local regulations are applicable.
All, any, offers and/or information connected to the software and/or integrated in the same, must be considered worthless in the States, territories and jurisdictions in which the use of the software is prohibited.
The software may not be exported or re-exported to States, territories and jurisdictions that are under embargo of the United States of America, whose citizens and residents are not authorized to access the software.
Furthermore, users whose names appear on national and international lists of persons, companies and organizations, who are not allowed to access the software, whatever their reason for doing so, are not authorized to access the software. which this prohibition is imposed.
Users who access the software and/or use it certify and guarantee, under their own responsibility, that they are not in any of the aforementioned States, territories and jurisdictions, that they are not subject to the control of the same, that they are not citizens and/or residents and not to appear in any of the above lists.
9 E-MAIL, MESSAGES, BLOGS, CHATS AND OTHER, POSSIBLE, COMMUNICATION FUNCTIONS. Manco Andrea could make available, directly or through third-party networks, e-mail functions, messaging, blogs, chats and other, eventual, communication functions (defined as a whole, "communication system"), connected to the game named Malcom's Day. Under no circumstances and in any way will Manco Andrea be held responsible for communications made and/or disclosed by the User, other users and/or anyone else who has access to it, through the communication system.
The User undertakes not to disseminate, through the communication tools made available, content of a discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate or that can in any way negatively influence the image of Game and/or Manco Andrea.
The User acknowledges and accepts that communications made and/or disclosed through the communication system are public and not private. The User acknowledges and accepts that all information and all data, including personal, sensitive and judicial, provided and/or disclosed through the communication system are in the public domain and can be used by third parties and/or be widely distributed. Manco Andrea urges the User not to provide sensitive and judicial data, personal information, other data and information in public communications made and/or disclosed through the communication system, if the User does not wish to make them permanently available to the public.
The User acknowledges and accepts that Manco Andrea has no control over third party networks to which the User could access to make and/or disclose communications through the communication system and that, therefore, Manco Andrea cannot be considered responsible, in any case and in any way, of any violation, abuse and/or other cause of litigation generated and/or connected to the aforementioned communications.
Manco Andrea may make links, directly or through third-party networks, to other sites and resources, connected or not connected to the Game. Manco Andrea makes no representations about any website and/or resource that the User or anyone else accesses, in any way, having no control over them. The User acknowledges and agrees that Manco Andrea will not be, in any case and in any way, held responsible for the availability of the sites and resources mentioned above. The User acknowledges and accepts that Manco Andrea cannot be, in any case and in any way, held responsible for the contents, advertising, products, services, materials, or any other content and/or support present and/or available from these sites and resources. The User or anyone else accessing these sites and/or resources accesses their absolute discretion and risk, assuming responsibility for them.
Any references to names, brands, products and/or services of third parties, hypertext links to third-party sites and/or resources, information and/or news of any nature are made available, exclusively, for the convenience of the User, who recognizes and agrees that such references, if any, references do not constitute and do not imply an approval, a recommendation, a sponsorship and/or an affiliation with third parties and/or with their products, services and/or contents of any other nature.
Manco Andrea makes no representations, makes no warranties and assumes no responsibility in relation to products, services and contents of any other nature of third parties, available on or through the aforementioned search sites and resources. The User acknowledges and accepts that Manco Andrea will not be, in any case and in any way, held responsible for any damage and/or losses, of any nature and of any entity, caused or, in any case, related to the use and/or to the reliance on any product, service and content of any other third-party nature, available on or through any research site and resource.
10 INTEGRATIONS AND CHANGES TO THE CONTRACT. The User acknowledges and accepts that Manco Andrea can integrate and/or modify this contract, in its entirety, unilaterally and at any time. In any case where Manco Andrea makes available to the User of the variations (for "variations" means "additions" and "modifications" together) to this contract, he will do so with a notice of 60 (sixty) days before the regular entry in force of the same contractual variations, through the page reserved to the Game on the platform on which the same Game is available.
If the User does not intend to accept any changes to this contract, the User himself has the possibility, as the only corrective measure, to cease using the software, named Malcom's Day, no later than 30 (thirty) days before the regular entry into force of the same contractual variations.
The User acknowledges and accepts that access to the software, even only once, beyond the aforementioned deadline of 30 (thirty) days before the regular entry into force of the contractual variations, will constitute a binding acceptance, by the User, of the variations contractual terms made available to the User by Manco Andrea. In the same way, the following behaviors kept by the User over the aforementioned deadline of 30 (thirty) days prior to the regular entry into force of the contractual changes will constitute a mandatory acceptance by the User of the aforementioned contractual changes:
the use of the software in any way by the User;
the failure to destroy and cancel, by the User, any copy of the software in its possession.
The User acknowledges and accepts that Manco Andrea, upon the occurrence of the circumstances provided for in this article, will have no obligation to reimburse any costs and/or costs, of any nature, accrued and/or actually incurred by the User before the effective termination of the use of the software, even in a proportional way. The termination of the use of the software by the User, in the circumstances provided for in this article, does not entitle the User to receive any refund and/or compensation, even in proportion. The User acknowledges and agrees that, in the event of termination of the use of the software in the circumstances provided for in this article, refund, even on a proportional basis, of the consideration paid is strictly excluded.
The User acknowledges and agrees that, in the event of termination of the use of the software, it will immediately destroy any copy of the software in its possession.
11 DURATION AND TERMINATION OF THE CONTRACT. SURVIVAL OF CONTRACTUAL CONDITIONS. This contract becomes valid and effective from the date on which the User fully and unconditionally accepts the contract and remains in force until its termination, in accordance with the contractual provisions.
The User may terminate, at any time and at his discretion, the use of the software named Malcom's Day.
The termination of the use of the software by the User does not entitle the User to receive any refund and/or compensation, even in proportion. The User acknowledges and accepts that, in the event of termination of the use of the software, refund, even on a proportional basis, of the amount paid is strictly excluded.
The User acknowledges and accepts that Manco Andrea may unilaterally withdraw from the present contract at any time, without prior notice, and undertakes, without fail, to immediately cease using the software in the following cases:
a) in the event that Manco Andrea ceases the supply of the software, named Malcom's Day, in a limited and non-exclusive license to use, for whatever reason such termination is attributable;
b) in any case of non-fulfillment by the User in relation to this contract and in the event that the performance of improper and/or illegal activities is detected.
The termination of the use of the software by the User, for whatever reason it may be attributable, does not entitle the User to receive any refund and/or compensation, even in proportion. The User acknowledges and agrees that, in the event of termination of the use of the software, for whatever reason it may be attributable, the reimbursement, even on a proportional basis, of the consideration paid is strictly excluded. Furthermore, the User acknowledges and accepts that any supplements, costs, expenses and other charges, of any nature, accrued before the termination of the use of the software, are charged to him and he undertakes, without fail, to pay them. The User acknowledges and agrees that, in the event of termination of the use of the software, for whatever reason it may be attributable, it will immediately proceed to the destruction and cancellation of any copy of the software in its possession. The User acknowledges and accepts that in any case of breach of contract by the User himself and in the event that the performance of improper and/or illegal activities is detected, Manco Andrea, without prejudice to all the contractual provisions, will also have the right, to his unquestionable judgment, to proceed by legal and/or judicial means towards the User and to carry out defensive investigations and of any other nature, also through third parties appointed for the purpose.
Even after the expiration and/or termination of this contract, the conditions set forth in articles 3 (Limited and non-exclusive use license. Compensation), 4 (License restrictions), 5 (Ownership of the software), 6 (Exclusion and limitation of guarantee. Exclusion and limitation of liability), 7 (Indemnity and liability), 8 (Requirements for access to the use of the software and limitations. Prohibitions of access to and/or use of the software), 9 (E-mail, messages, blogs, chats and other, possible, communication functions), 10 (Integrations and changes of the contract), 11 (Duration and termination of the contract. Survival of the contractual conditions), 12 (Applicable laws, dispute resolution, renunciation of the class action and jurisdictional right), 13 (Provisions on privacy), 14 (Various provisions and applicable regulations) of the contract.
12 APPLICABLE LAWS, DISPUTE RESOLUTION, RENUNCIATION OF CLASS ACTION AND JURISDICTIONAL RIGHTS. The User acknowledges and accepts that this contract is considered to be drawn up and signed in Italy and that any inherent dispute will be resolved according to the regulations in force in Italy. The User acknowledges and accepts that all documentation relating to this contract, wherever addressed and to whatever contractual aspect refers, must be written exclusively in Italian or English.
The User agrees and agrees not to initiate and not to participate in any class action, representative action, collective arbitration action and/or procedure, other collective action and/or legal procedure, even if the conventions, procedures and/or laws in force in some states, territories and jurisdictions should contemplate some of the aforementioned actions.
If the obligation of the User not to initiate and not to participate in any class action, representative action, collective arbitration action and/or procedure, other collective action and/or legal procedure should be considered, in some States, territories and jurisdictions, not applicable, the Parties agree that, in any case, this article cannot be separated from the rest of the contract and maintains its validity and effectiveness for all the other contractual conditions that it provides.
The Parties agree and agree to work in good faith to try to resolve any dispute concerning this contract amicably. The User undertakes to negotiate any informal dispute with Manco Andrea before going to court, by sending an email, in Italian or in English, to the following email address:
malcomsday@gmail.com
From the date of receipt of the communication, the deadline will be 60 (sixty) days for the attempted amicable settlement of the dispute, which will result in recourse to the Judicial Authority.
The User acknowledges and accepts that for any dispute relating to this contract, that the Parties do not resolve as friendly composers, the Court of Rovigo, Italy is considered the sole and exclusive jurisdiction.
13 PROVISIONS ON PRIVACY. The User understands and accepts that Manco Andrea has no control over the third-party networks to which the User could access during the download, installation and use of the software called Malcom's Day and that, therefore, the provision, if any , of the User's personal data, including any sensitive and/or judicial data, through the aforementioned third-party networks is completely independent from the control of Manco Andrea, who cannot, in any case and in any way, be held responsible for the processing of the data thus conferred by the User. The User understands and accepts that Manco Andrea may collect and process the User's personal data, including any sensitive and/or judicial data (also referred to as "special categories of data" below), in the course of the present contractual relationship, in compliance with the principles of Legislative Decree No. 196/2003 and the rules of the Personal Data Protection Code, EU Regulation GDPR 2016/679 (also referred to as "GDPR 2016/679" below). The following information is provided by Manco Andrea pursuant to articles 13 and 14 of the GDPR 2016/679.
Purpose of the processing. The personal data provided by the User, including any sensitive and/or judicial data, will be used for the purpose and for the purpose of complying with the provisions of current regulations, be they national, international, conventional, regulatory and/or related to regulations Community. The data provided by the User will also be used for the purpose and for the purpose of carrying out defensive investigations and of any other nature, to assert and/or defend any right in court, to pursue legally any breach of contract and/or any improper and/or illegal activity.
Processing methods. The methods with which the data provided by the User will be treated contemplate the electronic format and the paper format. The methods used to process the data provided by the User are based on procedures based on criteria of absolute caution. Every suitable security measure will be adopted in order to carry out the processing in the principles of absolute confidentiality, integrity and availability of data. Since the provision, if any, of the data by the User exclusively related to the contractual relationship, every suitable security measure will be adopted to guarantee the transfer of the data within the limits set by the aforementioned "Aims of treatment".
Provision of data. The provision of data by the User for the aforementioned "Purposes of processing" is mandatory, in order to comply with the provisions of current regulations and/or to allow the aforementioned investigations to be carried out properly and the aforementioned legal and/or legal proceedings. For the purposes relating to the processing of data in relation to pre-contractual, contractual and management compliance with administrative, accounting and/or tax obligations, the User's data will be processed and stored by the Data Controller for the entire duration of the contractual relationship between the User and the Data Controller and, at the end of the same, for whatever reason, will be kept for the foreseen time, for each category of data, by the current accounting, fiscal, civil and procedural laws. Any refusal to authorize the processing of data constitutes a case of breach of contract by the User and entitles Manco Andrea to unilaterally withdraw from this contract, without notice, based on the provisions of article 11 (Duration and termination of the contract, survival of the contractual conditions) of the contract.
Communication and dissemination of data. The data provided by the User may be communicated to any person, professional, company, public body, private entity, commercial enterprise, other body of any nature, for the aforementioned "Aims of treatment". The dissemination of the data provided by the User may be made to any subject, public and/or private, within the limits set by the aforementioned "Purposes of processing".
Data Controller. The Data Controller of the personal data provided by the User, including those considered special categories of data, is Hoodie and The Dummy Studios of Manco Andrea.
Rights of the interested party. At any time the User, pursuant to articles 15 to 22 of the GDPR 2016/679, can exercise the following rights:
request confirmation of the existence or not of your personal data;
obtain information about the purposes of the processing, the categories of personal data, the recipients or categories of recipients to whom the personal data have been or will be communicated and, when possible, the data retention period;
obtain the correction and deletion of data;
obtain the limitation of data processing;
obtaining data portability, ie receiving them from a data controller in a structured format, commonly used and readable by an automatic device, and transmitting them to another data controller without hindrance;
oppose the processing of data at any time, even in the case of processing for direct marketing purposes;
oppose an automated decision-making process relating to natural persons, including profiling;
ask the data controller to access their personal data, their rectification, their cancellation, the limitation of their processing, the opposition to their treatment, without prejudice to the right to data portability;
withdraw consent to the processing of data at any time, without prejudice to the lawfulness of the processing based on the consent given before the revocation;
make a complaint to a supervisory authority.
To exercise their rights and to request any information, clarification and/or further documentation regarding Manco Andrea's privacy policy, the User can send an email, in Italian or in English, at the following email address:
malcomsday@gmail.com
By completing the installation of the software, by clicking on "ACCEPT", the User confirms to have read carefully, to have understood, to approve and accept, without reservation, the information provided by Manco Andrea pursuant to GDPR 2016/679 and to express their consent to the processing of their personal data, including any sensitive and/or judicial data, and to their communication and dissemination based on the provisions of the same information. If the User, after carefully reading the information provided by Manco Andrea pursuant to GDPR 2016/679, does not give his consent to the processing of his personal data, including any sensitive and/or judicial data, and their communication and dissemination on the basis of the information provided by the same, must click on "DO NOT ACCEPT", immediately interrupt the installation of the software, named Malcom's Day, and immediately proceed to the destruction and cancellation of any copy of the software in its possession.
14 VARIOUS PROVISIONS AND APPLICABLE REGULATIONS. Without prejudice to what is expressly provided for in this contract, in the event that any provision of the same contract is deemed not applicable, according to the regulations in force in certain States, territories and jurisdictions, the User understands and accepts that this provision, whatever it is, the remaining parts of which will retain full validity and effectiveness will be applied to the maximum extent allowed by the aforementioned regulations in force within the parameters provided for by the contract and will not be separable from the rest of the contract.
Except as expressly provided for in this contract, the contractual fulfillment by Manco Andrea is subject to compliance with current regulations. The User acknowledges and agrees that Manco Andrea can update this contract and/or parts of it in compliance with laws, regulations in force, current and/or future issues.
The User acknowledges and agrees that this contract constitutes and includes the entire agreement between the Parties regarding the object of the contract and replaces any, possible, previous agreement, verbal and/or written, between the Parties concerning the same object. The User acknowledges and agrees that for all matters not provided for in this contract, in any case of need, reference will be made, exclusively, to the laws and legislative provisions in force in Italy.
The User acknowledges and accepts that the present contract is not intended to confer and, indeed, does not confer any right and / or means of protection to persons, companies and/or entities other than the Parties to the contract. The User acknowledges and accepts that any rights and/or means of protection, of any nature, given to third parties by current laws and regulations, whether national or international, including international conventions between States, are expressly denied and they will therefore have no relevance in the context of this contract.
Manco Andrea's failure to exercise any right and/or failure to apply any provision of this contract by any means shall in any case constitute a waiver by Manco Andrea of the exercise of the right and/or the application of the provision, which will remain in the total and absolute availability of Manco Andrea in compliance with this contract and the current regulations.
The User acknowledges and accepts that Manco Andrea may assign this contract, in whole and/or in part, at any time and without any obligation to give notice, and undertakes to comply with it in full even if such conditions should actually occur of contractual assignment.
Failure by the User to comply with any condition of this contract could cause immediate and non-remediable damage and/or loss to Manco Andrea. Therefore, the User understands and accepts that, in any case of non-compliance by the User with any condition of this contract, Manco Andrea will have the right to proceed against the User without any obligation, other guarantee and/o burden of proof of the damages and/or losses suffered, using all the available measures foreseen by the norms and by the laws in force applicable contractually, including any requests for injunctive relief.
The companies, organizations, products, characters, people, situations, events, every other representation and every other visual, vocal and musical element present and/or represented in the software, called Malcom's Day, are purely invented and/or fantasy. Any possible reference to companies, organizations, products, personalities, living or dead persons, situations, events and any other representation and visual, vocal and musical real elements is to be considered purely coincidental.
To request any information, clarification and/or further documentation regarding this contract, the User can send an email, in Italian or in English, to the following email address:
malcomsday@gmail.com
The User, after having read it carefully, declares to have understood, to approve and accept without reservation, also pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code in force, the contents of articles 3 (Limited and non-exclusive use license. Compensation), 6 (Exclusion and limitation of guarantee. Exclusion and limitation of liability), 7 (Indemnity and liability), 8 (Requirements for access to the use of the software and limitations. Prohibitions of access to and/or use of the software), 9 (E-mail, messages, blogs, chats and other, possible, communication functions), 10 (Integrations and changes of the contract), 11 (Duration and termination of the contract. Survival of the contractual conditions), 12 (Applicable laws, dispute resolution, renunciation of the class action and jurisdictional right), 13 (Provisions on privacy), 14 (Various provisions and applicable regulations) of this contract.
By completing the installation of the software, by clicking on "ACCEPT", the User declares to have carefully read and understood this contract, confirms, without reservation, the approval and full acceptance of the contract and recognizes and accepts that the use of the limited and non-exclusive software license, named Malcom's Day, is subject to full compliance by the User with this contract.
If the User, after reading it carefully, does not fully accept this contract, he must click on "DO NOT ACCEPT", he must immediately stop installing the software, named Malcom's Day, he must not use and/or run the software on his device and/or on any other device and must immediately proceed to the destruction and cancellation of any copy of the software in its possession.
Provided that Hoodie and The Dummy Studios by Manco Andrea (hereinafter “Manco Andrea”) is a self-employed author of the work, this contract (hereinafter defined also as “agreement”) consists in license for use of the software (hereinafter defined as “Game”) named Malcom’s Day and of related supports, where provided.
All contents are copyrighted. Game and source code are deposited at the SIAE, June 2018.
Malcom’s Day® is a registered trademark property of Manco Andrea.
© Andrea Manco 2018. All rights reserved.
The final user (hereinafter defined also as “User”), by installing or using the Game in a different way, declares he enjoys rights and has powers to stipulate this contract and accepts to be legally bound to every condition in this contract. If the User does not accept all conditions in this contract he won’t be authorized to install the Game and/or use the Game in other way.
This contract is a legal document, which must be read carefully before continuing software installation and contains, among others, conditions of restriction of liability and warranty. The access to the Game and its use by the User must occur accordingly and respectfully of every regulation and legislative provisions, applied to a local, regional, national and international level.
The User who logs into the Game has accepted beforehand, and he is committed, to observe all terms and conditions provided on the platform on which the User makes the payment.
By completing the software installation, clicking on “ACCEPT”, the User confirms to accept all conditions contained in this contract. If the User does not accept this contract in full, by clicking on “DO NOT ACCEPT”, must interrupt the software installation, and proceed to destruction and cancellation of any copy of the software in his possession.
1 RECITALS. Recitals constitute substantial and integral part of this contract and, as such, they are accepted unconditionally from the Parts (by “Parts” we mean “Manco Andrea” and “User” together).
2 OBJECT. With this contract Manco Andrea grants, and the User accepts, a limited and non-exclusive license of the Game named Malcom’s Day.
Description:
- Platform: PC
- Genre: platform / adventure/ indie
- Mode: single-player
Minimum system requirements:
Operative System: Microsoft® Windows® 7
Processor: 2.8GHz
Memory: 4GB RAM
Graphics: 3D Graphic Card
Disk space: 250 MB space available
Screen resolution: 1280x720
Additional Notes: partial support for Microsoft® Xbox 360 controller
Save Game system:
The User can save game progresses. The use of this characteristic by the User implies that User itself allows the Game to create automatically, in a safe position on the target platform, a folder in which game progresses will be saved as a file. The User acknowledges and accepts that Manco Andrea, under no circumstances and nowise, can be considered liable of possible malfunctions, troubles, losses, other damages, of any nature and of any entity, of the target platform, of the Game itself and/or of any other kind arising from the creation and/or the proper or improper use of the folder aforementioned and/or its content.
3 LIMITED AND NON-EXCLUSIVE LICENSE. COMPENSATION. With this contract Manco Andrea grants and the User accepts a limited and non-exclusive license for installation and use of a single copy of the Game, named Malcom’s Day, available exclusively to the User, upon a single computer (hereinafter defined also as “device”), in a readable format from the computer itself.
To acquire the aforementioned limited and non-exclusive license the User accepts to pay, as compensation, the amount indicated on the platform on which the Game is available, according to the methods provided by the platform itself. This compensation can be increased by rights, fees and/or charges of any other nature, in any case where current regulations and legislative provisions. The User accepts to pay, in addition to the aforementioned compensation, any further amount concerning rights, fees and/or charges of any other nature, in any case where current regulations and legislative provisions (defined also as “current regulation” hereinafter) require application.
Manco Andrea grants and the User accepts the aforementioned license and a non-exclusive right to use the software for exclusively personal and non-commercial use.
The aforementioned license and the relating right will end, mandatorily, with the termination of the contract and/or cessation of the software availability to which license and related right are related, for whatever reason this termination is attributable.
The User acknowledges and accepts that this contract does not confer any future right or updates, new versions, corrective patch and/or other software improvements, although Manco Andrea can, in its sole discretion, decide to provide these mentioned updates. With this contract the User accepts to grant to Manco Andrea the right to make available, in its sole discretion, these mentioned, possible, future updates, new versions, corrective patch and/or other software improvements, to which they apply, mandatorily, all provisions of this contract related to the software, and for their installation the User must have an Internet connection, needed also to download the Game.
The User acknowledges and accepts that the mentioned, possible, future updates new versions, corrective patch and/or other software improvements, could determine minimum requirements changes needed for the functioning of the software itself and accepts to release Manco Andrea, from now on, from any liability and responsibility in any case where, actually, the aforementioned minimum requirements changes needed for the functioning of the software occur. The termination of use of the software, does not give to the User the right to receive any refund and/or compensation, not even in proportion of the payment. The User acknowledges and accepts that, in case of termination of use of software, is strictly excluded the refund, even in proportional measure, of the payment. The User, moreover, acknowledges and accepts to keep at its own exclusive charge any expense, cost and/or other charge related to the possible operation of adjustment to the modified minimum system requirements needed for the software functioning, to any reason the adjustment operation is attributable.
4 LICENSE RESTRICTIONS. The User can make use of the software, named Malcom’s Day, exclusively for personal and non-commercial use.
The User is not allowed to copy, photocopy, duplicate, publish, play, distribute, translate, decode, edit, disassemble, decompile the software and/or parts of it. The User is not allowed to deconstruct, dismantle, adapt, blend the software and/or parts of it. The User is not allowed to carry out reverse engineer operations on the software and/or parts of it and he is not allowed to reduce, in any other way, the software and/or parts of it in a form understandable to man. The User is not allowed to derive the source code of the software and/or parts of it. The User is not allowed to produce works derived from, based on and/or obtained from the software and/or parts of it, without prior written authorization by Manco Andrea. The User is not allowed to generate data, executable programs and/or other contents, derived from and/or that imitates data and/or functionalities present in the software, without prior written authorization by Manco Andrea.
The User is not allowed to make use of and/or make available to third parties the Game and/or parts of the Game in commercial and non-commercial contexts, such as, by way of example but not exhaustive, service agencies, cyber café, videogames centers, recreational clubs and other associative forms, also non-profit, other public and/or private structures where more users can access the Game and/or parts of the Game.
The User is not allowed to make online use of the software and/or parts of it, to permit the online use of the software and/or parts of it, to make available the software and/or parts of it for online use, both in multi-user and remote access.
The User is not allowed to make use of the software, parts of the software and/or any information, material and/or support related to and/or integrated in the software itself for immoral, illegal purposes, and/or any other purpose not compliant with current national and international regulations, including international conventions between States.
5 OWNERSHIP OF THE SOFTWARE. All intellectual property rights related to the Game, named Malcom’s Day, including video materials, audio materials, computer codes, themes, titles, subjects, characters, characters’ names, stories, dialogues, slogan, settings, conceptions, illustrations, graphics, animations, sounds, musical compositions, audiovisual effects, texts, lines, views, game methods, game instructions, moral rights, applet incorporated in the software, works derived from the software, other contents derived from the software, related documents and any other content related to the software and/or integrated in it, are exclusive property of Manco Andrea, as well as any copy of the aforementioned rights and trademarks related to the software is exclusive property of Manco Andrea.
Any modification, development, alteration granted to the User upon Game Components (where, for “Game Components”, by way of example but not exhaustive, is intended characters, scenic design, objects, logo, music, songs and voices) can not be qualified as transfer of ownership right on those Components.
The Game is licensed for use to the User, not sold. This agreement does not confer to the User any property right or title of ownership or any other interest of any nature on the software. The software and any other copy of the software are exclusive property of Manco Andrea, as well as, alike, all registered trademarks related to the software are exclusive property of Manco Andrea. The User acknowledges and accepts to not to own any right or title of ownership or any other interest of any nature on the software, on its contents, on all other rights listed above, on registered trademarks related to the software, on any copy of the software, of its contents and of all other rights listed above. The User acknowledges and accepts to not to own any right or title of ownership or any other interest of any nature on eventual game currency and on possible virtual objects. In no case and in any way the possible game currency and possible virtual object can be redeemed by Manco Andrea, by other person, company and/or authority in exchange for money, object with monetary value or monetary equivalents. The possible game currency and possible virtual objects do not have an equivalent value in terms of real currency and can not be used, in no case and in any way, as substitutes of real currency. Under no circumstances and nowise, Manco Andrea, other person, company and/or authority, will have the obligation to exchange possible game currency and possible virtual objects with valuable objects, including, without any restriction, real currency. All possible purchases of game currency and virtual objects are considered definitive and can not be refunded, transferred or exchanged, in no case and in any way. Manco Andrea will not refund any access fee, usage rate and/or non-use of possible game currency and possible virtual objects. Manco Andrea reserves and holds all rights, titles and interests related to game currency and virtual objects, where they are present, which are subject to the same provisions provided in this agreement in relation to the Game and any other aspect related to the Game itself.
The User is not allowed to remove, disable, evade, modify, tamper with notices and/or labels, in any way they are affixed, related to the property of the software and/or contained in the software itself and related to registered trademarks connected to the software.
The software, named Malcom’s Day, is protected by Italian laws on copyright, by agreements, by international conventions and regulations on copyright, by any other Italian and international regulation and/or convention related to intellectual property and to any other right related to the software, including rights related to registered trademarks connected to the software.
6 EXCLUSION AND LIMITATION OF GUARANTEE. LIMITATION AND EXCLUSION OF LIABILITY. Before proceeding with the installation of the software, named Malcom’s Day, the User must read carefully the software information available, among which software description, minimum system requirements needed for the software functioning, recommended system requirements if available, the possible game instructions and any other possible information available.
To the maximum extent permitted by the relative current national and international regulations, including international conventions between States, Manco Andrea does not assume any liability related to the Game and to any other information, material and/or support connected to and/or integrated in it, that are provided “in the condition in which they are”, “depending on availability” and “with all the defects and inaccuracies they contain”, without guarantee of any kind, expressed or implied, such as, by way of example but not exhaustive, implied guarantees of merchantability, of adequacy for a specific purpose, of satisfactory quality, of precision, of diligent execution, of workmanlike execution, of peaceful enjoyment, of non-infringement of third-party rights.
Manco Andrea does not provide any guarantee that the software will satisfy the requirements that the User requests and that the results achieved from the use of the software will be effective, precise, reliable. Manco Andrea does not provide any guarantee that the software will be interoperable and/or compatible with other software.
Manco Andrea does not provide any guarantee that the use of the software will be continuous, accurate, reliable and with no interferences.
Manco Andrea does not provide any guarantee that the software will be error free, without technical inaccuracies, and computer viruses.
No verbal and/or written information provided by Manco Andrea can constitute or be considered as a guarantee.
Manco Andrea does not provide any guarantee of suitability and accuracy of information contained in the software and/or connected to the software. Information, dialogues, graphics, musical compositions, any other software element and any other support, possible, connected to and/or integrated in the software, could contain typographical errors and/or technical inaccuracies, in relation to which Manco Andrea does not assume any liability.
The software could result outdated, and Manco Andrea does not assume any commitment to update the software itself.
The User acknowledges and accepts that Manco Andrea will never be considered responsible for not to have made available and/or to have made available late the software and/or any information, material and/or support related and/or integrated in the software itself, for reasons separate from will and from control of Manco Andrea, be it predictable or non predictable, such as, by way of example but not exhaustive, labor disputes, wars, acts of terrorism, vandalism, fires, earthquakes, floodings, any other natural and/or unnatural disaster, adverse weather conditions, accidents, contamination of any kind, explosions of any kind, inability to guarantee and/or provide the service, denial of service attacks, interruptions of network services, failure of communication lines, legal regulations and/or governmental acts, other causes and other events similar or not to those listed above.
The User acknowledges and accepts that temporary interruptions of the software may occur and that such interruptions are to be considered as normal events.
The User acknowledges and accepts that Manco Andrea has no control over the third-party networks to which the User could access during the download, installation and use of the software and that, therefore, delays, interruptions and suspensions of other network transmissions are completely independent of the control of Manco Andrea, who can not, in any case and in any way, be considered responsible.
To the maximum extent permitted by current national and international regulations, including international conventions between States, Manco Andrea can never be considered liable, in no case and in any way, for losses and/or damages of any nature and of any entity deriving or, in any case, connected to the software, to the use of software, to the impossibility of using the software and/or to the cessation of the availability of the software, including, by way of example but not exhaustive, loss of start-up, interruption of activity, computer failure, anomalies and/or computer and operating system malfunctions, any other damage and/or commercial loss, any other damage and/or loss of any other nature, even in the case of negligence, objective liability, non-fulfillment, violation of guarantee by Manco Andrea.
In no case and in any way will Manco Andrea be considered responsible for any indirect, accessory, conseguential, special, punitive, exemplary and/or, if any, other damages of any nature arising or, in any case, connected to the software and to any information, material and/or support connected and/or integrated in the software itself, even in the case of negligence, gross negligence, objective liability, non-fulfillment, breach of warranty by Manco Andrea.
Under no circumstances and in any way will Manco Andrea be considered responsible for any damages and/or injuries, including physical and/or personal and death, if any, arising or, in any case, connected to interruptions, malfunctions, errors, defects, computer viruses, omissions, cancellations, delays in operations and/or transmission, theft, damage, destruction, alterations, unauthorized access and use of the software, the download and/or any information, material and/or support connected and/or integrated into the software itself and/or connected to failures of the communication lines and/or any other cause, even in the case of negligence, gross negligence, objective liability, non-compliance, breach of warranty by Manco Andrea.
Under no circumstances and in any way will Manco Andrea be considered responsible for any losses and/or damages of any nature, to the characters of the Game, to any virtual goods, to any currency, to any accounts, to any statistics, to level reached by the User using the Game, to the profile information stored by the Game, to any other function of the Game, to any information, material and/or support connected and/or integrated in the software, even in the case of negligence, gross negligence, strict liability, default, warranty breach by Manco Andrea.
The operation of downloading, installing and using the software and/or any information, material and/or support connected and/or integrated in the software itself is at the sole discretion and risk of the User, who will be the only one liable for any damage and/or loss, including any damage to the device, arising or, in any case, related to the aforementioned activities, even when caused to third parties.
Under no circumstances and in any way will Manco Andrea be considered responsible and/or considered responsible for the User's conduct, whether such conduct is in connection with access to the Game, use of the Game and/or Game Components, whether such conduct is attributable to the Game, the use of the Game and/or the Game Components. The User acknowledges and accepts to be the sole and exclusive responsible for the contents generated by him and published and/or transmitted to other users or third parties. In particular, the User undertakes, under his own personal responsibility, to refrain from performing and to avoid inducing others to carry out, in relation to the Game, parts of the same and/or any information, material and/or support connected and/or integrated into the Game itself, the actions listed below, for which Manco Andrea will, in no case and in any way, be considered liable:
publish, transmit and/or disclose content generated by the User that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, scurrilous, sexually explicit, harassing, intimidating, harmful to the right to privacy and/or advertising, outrageous, instigators, fraudolent; promote or encourage illegal or generally antisocial activities, including software piracy; promote attitudes of racism, intolerance, hatred and behavior that can cause physical injury, loss and/or damage of any other kind to people or groups of people; promote attitudes that are otherwise considered inappropriate;
publish, transmit and/or disclose content generated by the User that may violate patents, registered trademarks, trade secrets, copyright, other intellectual or proprietary rights of any person, company and/or entity;
engage in commercial and/or sales activities, including the transmission of advertinsing and/or promotional content;
communicate, disclose and/or disseminate private information about people, companies and/or entities, including the User himself;
to pass off as other persons, companies and/or entities, not corresponding to their identity, including managers and directors of forums, guides, hosts, employees, agents and/or other collaborators of Manco Andrea; falsely declare or otherwise fear a connection with people, companies and/or organizations;
hinder or interrupt the Game or the normal course of the Game Contents and its dialogues, use abusive, outrageous or shouted language, such as, but not limited to, the use of CAPITAL LETTERS; send unsolicited messages and use any other disruptive technique capable of disturbing and/or conditioning other users of the Game;
use design bugs, defects or errors to obtain unauthorized access to the Game; use cheats or exploits in connection with the Game, including, but not limited to, bots, emulators or other unauthorized third-party tools; access sections of the Game to which the User is not authorized to access; access and/or use the Game if the User has previously been suspended or removed from the Game;
perform acts that prevent other users from fully enjoying the Game, in compliance with the relevant rules; perform acts that produce or cause an increase in expenses and/or difficulties, for Manco Andrea and/or the platform supplier on which the Game is available, relating to the correct maintenance of the Game available to all users;
cause claims for damages and/or cause any other dispute with Manco Andrea.
The User acknowledges and accepts that, under no circumstances and in any way, will Manco Andrea be held responsible and/or held responsible for any User behavior that may be attributed to the situations just listed, in relation to which the User assumes, from now on, to its own exclusive responsibility.
The User acknowledges and accepts that all the aforementioned restrictions and exclusions of responsibility will be fully valid and effective even if Manco Andrea has been warned in advance of the possibility that damage and/or losses of any kind could occur, including in the failure and/or inadequacy of any corrective measures.
The User acknowledges and agrees that in the event of a dispute with Manco Andrea, he may obtain, as a sole remedy, the right to stop using the software.
The User acknowledges and accepts that Manco Andrea's liability towards the User may be quantified in a maximum amount not exceeding the amount actually paid by the User to obtain a limited use license, non-exclusive, of the software named Malcom's Day.
In the event that the laws in force in some States, territories and jurisdictions do not allow the exclusion and/or limitation of liability for consequential, incidental and/or other damages and/or in cases of fraud, accident, death and/or in other possible cases, in these States, territories and jurisdictions the limitation of liability of Manco Andrea, upon the occurrence of the aforementioned situations, will be equal to the maximum extent permitted by the aforementioned regulations and, in any case, this article will never be separable from the rest of the contract and will maintain its validity and effectiveness for all the other contractual conditions that it provides.
In addition to the provisions of this article 6 (Exclusion and limitation of guarantee. Limitation and exclusion of liability), without prejudice to the application to the present contract of the Italian law, the following specific provisions apply:
if the User resides in the United States of America any guarantee relating to the violation, described in Articles 2-312 of the United States Uniform Commercial Code and/or in other comparable regulations in force, be they State or of any other nature, is expressly denied;
if the User resides in Australia, to the extent permitted by applicable law, the conditions and guarantees provided for in Table 2 of the Competition and Consumer Act 2010 (Cth), the Australian law on competition and consumer protection, are completely excluded from this agreement. To the extent that they cannot be excluded, the User residing in Australia acknowledges and accepts that it is correct and reasonable to limit the liability, if any, of Manco Andrea to the renewed supply of the limited and non-exclusive use license of the Game or, in alternative, to the refund of the consideration actually paid by the User to obtain the renewed supply of the limited and non-exclusive use license of the Game;
if the User resides in Germany, the User acknowledges and accepts that the liability regime independent of fault for initial defects, foreseen for Manco Andrea from section 536a, paragraph 1, of the German Civil Code is excluded in any case.
The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods (Convention on Contracts for the International Sale of Goods) does not apply to any dispute and/or transaction arising from this agreement.
7 INDEMNITY AND LIABILITY. The User undertakes, without limitation, to defend, indemnify and hold Manco Andrea harmless from any liability in connection with claims, damages, losses, claims for compensation, requests for reimbursement of costs and/or expenses, of any nature and of any entity, including, by way of example, but not limited to, legal fees, which are generated:
a) from the use by the User of the Game, named Malcom's Day, of parts of the same and of any information, material and/or support connected and/or integrated in the software itself, including, by way of example but not limited to, the creation and/or the use of User-generated content derived from and/or linked to the software;
b) from any violation of this agreement by the User;
c) from any content created by the User of a discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate or that may in any way infringe the rights of third parties;
d) by statements relating to the content of the software, which the User makes available through any support, tool and/or other means, which violates the current regulations relating to copyright, registered trademarks, trade secrets, privacy, to any other intellectual property and to any other right of third parties.
In the eventualities mentioned above, Manco Andrea reserves the right, if it deems it to be appropriate, to take control of any lawsuits, and the User undertakes, without exception, to collaborate with Manco Andrea for the positive resolution of any disputes and immediately cease using the software.
8 REQUIREMENTS TO ACCESS THE SOFTWARE AND RESTRICTIONS. PROHIBITIONS OF ACCESS TO AND/OR USE OF THE SOFTWARE. The local law in the User's jurisdiction could provide that the User must have reached a certain age in order to access the use of the software, named Malcom's Day, and can therefore be legally binding on the conditions all contained in this contract. In the event that the User has not yet reached the required age, within the scope of his jurisdiction, the User himself is not authorized to install the Game and/or use it in any other way, unless one of the User's parents or legal guardians guarantee that they have read and understood all the conditions contained in this contract and accept the same contract fully and unconditionally. Local law in the User's jurisdiction could also require that users under a certain age be supervised and/or controlled while using the software. By installing and using the software, the User guarantees that he has reached the required and required age, within his jurisdiction, to use the software without any supervision. If the User has not yet reached the required age, within his jurisdiction, to use the software without any supervision, one of the User's parents or his legal guardian must ensure supervision and/or control continued use of the software by the User himself.
The User undertakes, without fail, to comply with all applicable regulations concerning import and export and all other current regulations, whether national and/or international, including international conventions between States, in any situation related to downloading, installation and use of the software. The User undertakes, without fail, not to export the software, parts of the software and/or any information, material and/or support connected and/or integrated in the software itself in States, territories and jurisdictions subject to restrictions on the export of data, for any reason the aforementioned restrictions are due. The User undertakes, without exception, not to allow the use of the software, parts of the software and/or any information, material and/or support connected and/or integrated in the software itself to persons belonging to and/or resident in the aforementioned States, territories and jurisdictions subject to restrictions on the export of data, and to companies and entities that in these States, territories and jurisdictions have their headquarters. The User declares and guarantees, under his own responsibility, that he is not in any of the above-mentioned States, territories and jurisdictions subject to restrictions on the export of data, of not being subject to the control of the same, and of not being a citizen and/or resident.
As the software is potentially accessible from all over the world, Manco Andrea makes no representations and assumes no responsibility in relation to the appropriateness, conformity and regularity of the use of the software, which cannot be accessed by States, territories and jurisdictions in the such as the content of the software, the attached information and any other material and/or support connected and/or integrated in the software itself is prohibited. Users who choose and decide to access the software from the aforementioned States, territories and jurisdictions, perform the operation of accessing the software on their own initiative and are totally responsible for the conformity of the operation with the local regulations in force, if and in the the extent to which these local regulations are applicable.
All, any, offers and/or information connected to the software and/or integrated in the same, must be considered worthless in the States, territories and jurisdictions in which the use of the software is prohibited.
The software may not be exported or re-exported to States, territories and jurisdictions that are under embargo of the United States of America, whose citizens and residents are not authorized to access the software.
Furthermore, users whose names appear on national and international lists of persons, companies and organizations, who are not allowed to access the software, whatever their reason for doing so, are not authorized to access the software. which this prohibition is imposed.
Users who access the software and/or use it certify and guarantee, under their own responsibility, that they are not in any of the aforementioned States, territories and jurisdictions, that they are not subject to the control of the same, that they are not citizens and/or residents and not to appear in any of the above lists.
9 E-MAIL, MESSAGES, BLOGS, CHATS AND OTHER, POSSIBLE, COMMUNICATION FUNCTIONS. Manco Andrea could make available, directly or through third-party networks, e-mail functions, messaging, blogs, chats and other, eventual, communication functions (defined as a whole, "communication system"), connected to the game named Malcom's Day. Under no circumstances and in any way will Manco Andrea be held responsible for communications made and/or disclosed by the User, other users and/or anyone else who has access to it, through the communication system.
The User undertakes not to disseminate, through the communication tools made available, content of a discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate or that can in any way negatively influence the image of Game and/or Manco Andrea.
The User acknowledges and accepts that communications made and/or disclosed through the communication system are public and not private. The User acknowledges and accepts that all information and all data, including personal, sensitive and judicial, provided and/or disclosed through the communication system are in the public domain and can be used by third parties and/or be widely distributed. Manco Andrea urges the User not to provide sensitive and judicial data, personal information, other data and information in public communications made and/or disclosed through the communication system, if the User does not wish to make them permanently available to the public.
The User acknowledges and accepts that Manco Andrea has no control over third party networks to which the User could access to make and/or disclose communications through the communication system and that, therefore, Manco Andrea cannot be considered responsible, in any case and in any way, of any violation, abuse and/or other cause of litigation generated and/or connected to the aforementioned communications.
Manco Andrea may make links, directly or through third-party networks, to other sites and resources, connected or not connected to the Game. Manco Andrea makes no representations about any website and/or resource that the User or anyone else accesses, in any way, having no control over them. The User acknowledges and agrees that Manco Andrea will not be, in any case and in any way, held responsible for the availability of the sites and resources mentioned above. The User acknowledges and accepts that Manco Andrea cannot be, in any case and in any way, held responsible for the contents, advertising, products, services, materials, or any other content and/or support present and/or available from these sites and resources. The User or anyone else accessing these sites and/or resources accesses their absolute discretion and risk, assuming responsibility for them.
Any references to names, brands, products and/or services of third parties, hypertext links to third-party sites and/or resources, information and/or news of any nature are made available, exclusively, for the convenience of the User, who recognizes and agrees that such references, if any, references do not constitute and do not imply an approval, a recommendation, a sponsorship and/or an affiliation with third parties and/or with their products, services and/or contents of any other nature.
Manco Andrea makes no representations, makes no warranties and assumes no responsibility in relation to products, services and contents of any other nature of third parties, available on or through the aforementioned search sites and resources. The User acknowledges and accepts that Manco Andrea will not be, in any case and in any way, held responsible for any damage and/or losses, of any nature and of any entity, caused or, in any case, related to the use and/or to the reliance on any product, service and content of any other third-party nature, available on or through any research site and resource.
10 INTEGRATIONS AND CHANGES TO THE CONTRACT. The User acknowledges and accepts that Manco Andrea can integrate and/or modify this contract, in its entirety, unilaterally and at any time. In any case where Manco Andrea makes available to the User of the variations (for "variations" means "additions" and "modifications" together) to this contract, he will do so with a notice of 60 (sixty) days before the regular entry in force of the same contractual variations, through the page reserved to the Game on the platform on which the same Game is available.
If the User does not intend to accept any changes to this contract, the User himself has the possibility, as the only corrective measure, to cease using the software, named Malcom's Day, no later than 30 (thirty) days before the regular entry into force of the same contractual variations.
The User acknowledges and accepts that access to the software, even only once, beyond the aforementioned deadline of 30 (thirty) days before the regular entry into force of the contractual variations, will constitute a binding acceptance, by the User, of the variations contractual terms made available to the User by Manco Andrea. In the same way, the following behaviors kept by the User over the aforementioned deadline of 30 (thirty) days prior to the regular entry into force of the contractual changes will constitute a mandatory acceptance by the User of the aforementioned contractual changes:
the use of the software in any way by the User;
the failure to destroy and cancel, by the User, any copy of the software in its possession.
The User acknowledges and accepts that Manco Andrea, upon the occurrence of the circumstances provided for in this article, will have no obligation to reimburse any costs and/or costs, of any nature, accrued and/or actually incurred by the User before the effective termination of the use of the software, even in a proportional way. The termination of the use of the software by the User, in the circumstances provided for in this article, does not entitle the User to receive any refund and/or compensation, even in proportion. The User acknowledges and agrees that, in the event of termination of the use of the software in the circumstances provided for in this article, refund, even on a proportional basis, of the consideration paid is strictly excluded.
The User acknowledges and agrees that, in the event of termination of the use of the software, it will immediately destroy any copy of the software in its possession.
11 DURATION AND TERMINATION OF THE CONTRACT. SURVIVAL OF CONTRACTUAL CONDITIONS. This contract becomes valid and effective from the date on which the User fully and unconditionally accepts the contract and remains in force until its termination, in accordance with the contractual provisions.
The User may terminate, at any time and at his discretion, the use of the software named Malcom's Day.
The termination of the use of the software by the User does not entitle the User to receive any refund and/or compensation, even in proportion. The User acknowledges and accepts that, in the event of termination of the use of the software, refund, even on a proportional basis, of the amount paid is strictly excluded.
The User acknowledges and accepts that Manco Andrea may unilaterally withdraw from the present contract at any time, without prior notice, and undertakes, without fail, to immediately cease using the software in the following cases:
a) in the event that Manco Andrea ceases the supply of the software, named Malcom's Day, in a limited and non-exclusive license to use, for whatever reason such termination is attributable;
b) in any case of non-fulfillment by the User in relation to this contract and in the event that the performance of improper and/or illegal activities is detected.
The termination of the use of the software by the User, for whatever reason it may be attributable, does not entitle the User to receive any refund and/or compensation, even in proportion. The User acknowledges and agrees that, in the event of termination of the use of the software, for whatever reason it may be attributable, the reimbursement, even on a proportional basis, of the consideration paid is strictly excluded. Furthermore, the User acknowledges and accepts that any supplements, costs, expenses and other charges, of any nature, accrued before the termination of the use of the software, are charged to him and he undertakes, without fail, to pay them. The User acknowledges and agrees that, in the event of termination of the use of the software, for whatever reason it may be attributable, it will immediately proceed to the destruction and cancellation of any copy of the software in its possession. The User acknowledges and accepts that in any case of breach of contract by the User himself and in the event that the performance of improper and/or illegal activities is detected, Manco Andrea, without prejudice to all the contractual provisions, will also have the right, to his unquestionable judgment, to proceed by legal and/or judicial means towards the User and to carry out defensive investigations and of any other nature, also through third parties appointed for the purpose.
Even after the expiration and/or termination of this contract, the conditions set forth in articles 3 (Limited and non-exclusive use license. Compensation), 4 (License restrictions), 5 (Ownership of the software), 6 (Exclusion and limitation of guarantee. Exclusion and limitation of liability), 7 (Indemnity and liability), 8 (Requirements for access to the use of the software and limitations. Prohibitions of access to and/or use of the software), 9 (E-mail, messages, blogs, chats and other, possible, communication functions), 10 (Integrations and changes of the contract), 11 (Duration and termination of the contract. Survival of the contractual conditions), 12 (Applicable laws, dispute resolution, renunciation of the class action and jurisdictional right), 13 (Provisions on privacy), 14 (Various provisions and applicable regulations) of the contract.
12 APPLICABLE LAWS, DISPUTE RESOLUTION, RENUNCIATION OF CLASS ACTION AND JURISDICTIONAL RIGHTS. The User acknowledges and accepts that this contract is considered to be drawn up and signed in Italy and that any inherent dispute will be resolved according to the regulations in force in Italy. The User acknowledges and accepts that all documentation relating to this contract, wherever addressed and to whatever contractual aspect refers, must be written exclusively in Italian or English.
The User agrees and agrees not to initiate and not to participate in any class action, representative action, collective arbitration action and/or procedure, other collective action and/or legal procedure, even if the conventions, procedures and/or laws in force in some states, territories and jurisdictions should contemplate some of the aforementioned actions.
If the obligation of the User not to initiate and not to participate in any class action, representative action, collective arbitration action and/or procedure, other collective action and/or legal procedure should be considered, in some States, territories and jurisdictions, not applicable, the Parties agree that, in any case, this article cannot be separated from the rest of the contract and maintains its validity and effectiveness for all the other contractual conditions that it provides.
The Parties agree and agree to work in good faith to try to resolve any dispute concerning this contract amicably. The User undertakes to negotiate any informal dispute with Manco Andrea before going to court, by sending an email, in Italian or in English, to the following email address:
malcomsday@gmail.com
From the date of receipt of the communication, the deadline will be 60 (sixty) days for the attempted amicable settlement of the dispute, which will result in recourse to the Judicial Authority.
The User acknowledges and accepts that for any dispute relating to this contract, that the Parties do not resolve as friendly composers, the Court of Rovigo, Italy is considered the sole and exclusive jurisdiction.
13 PROVISIONS ON PRIVACY. The User understands and accepts that Manco Andrea has no control over the third-party networks to which the User could access during the download, installation and use of the software called Malcom's Day and that, therefore, the provision, if any , of the User's personal data, including any sensitive and/or judicial data, through the aforementioned third-party networks is completely independent from the control of Manco Andrea, who cannot, in any case and in any way, be held responsible for the processing of the data thus conferred by the User. The User understands and accepts that Manco Andrea may collect and process the User's personal data, including any sensitive and/or judicial data (also referred to as "special categories of data" below), in the course of the present contractual relationship, in compliance with the principles of Legislative Decree No. 196/2003 and the rules of the Personal Data Protection Code, EU Regulation GDPR 2016/679 (also referred to as "GDPR 2016/679" below). The following information is provided by Manco Andrea pursuant to articles 13 and 14 of the GDPR 2016/679.
Purpose of the processing. The personal data provided by the User, including any sensitive and/or judicial data, will be used for the purpose and for the purpose of complying with the provisions of current regulations, be they national, international, conventional, regulatory and/or related to regulations Community. The data provided by the User will also be used for the purpose and for the purpose of carrying out defensive investigations and of any other nature, to assert and/or defend any right in court, to pursue legally any breach of contract and/or any improper and/or illegal activity.
Processing methods. The methods with which the data provided by the User will be treated contemplate the electronic format and the paper format. The methods used to process the data provided by the User are based on procedures based on criteria of absolute caution. Every suitable security measure will be adopted in order to carry out the processing in the principles of absolute confidentiality, integrity and availability of data. Since the provision, if any, of the data by the User exclusively related to the contractual relationship, every suitable security measure will be adopted to guarantee the transfer of the data within the limits set by the aforementioned "Aims of treatment".
Provision of data. The provision of data by the User for the aforementioned "Purposes of processing" is mandatory, in order to comply with the provisions of current regulations and/or to allow the aforementioned investigations to be carried out properly and the aforementioned legal and/or legal proceedings. For the purposes relating to the processing of data in relation to pre-contractual, contractual and management compliance with administrative, accounting and/or tax obligations, the User's data will be processed and stored by the Data Controller for the entire duration of the contractual relationship between the User and the Data Controller and, at the end of the same, for whatever reason, will be kept for the foreseen time, for each category of data, by the current accounting, fiscal, civil and procedural laws. Any refusal to authorize the processing of data constitutes a case of breach of contract by the User and entitles Manco Andrea to unilaterally withdraw from this contract, without notice, based on the provisions of article 11 (Duration and termination of the contract, survival of the contractual conditions) of the contract.
Communication and dissemination of data. The data provided by the User may be communicated to any person, professional, company, public body, private entity, commercial enterprise, other body of any nature, for the aforementioned "Aims of treatment". The dissemination of the data provided by the User may be made to any subject, public and/or private, within the limits set by the aforementioned "Purposes of processing".
Data Controller. The Data Controller of the personal data provided by the User, including those considered special categories of data, is Hoodie and The Dummy Studios of Manco Andrea.
Rights of the interested party. At any time the User, pursuant to articles 15 to 22 of the GDPR 2016/679, can exercise the following rights:
request confirmation of the existence or not of your personal data;
obtain information about the purposes of the processing, the categories of personal data, the recipients or categories of recipients to whom the personal data have been or will be communicated and, when possible, the data retention period;
obtain the correction and deletion of data;
obtain the limitation of data processing;
obtaining data portability, ie receiving them from a data controller in a structured format, commonly used and readable by an automatic device, and transmitting them to another data controller without hindrance;
oppose the processing of data at any time, even in the case of processing for direct marketing purposes;
oppose an automated decision-making process relating to natural persons, including profiling;
ask the data controller to access their personal data, their rectification, their cancellation, the limitation of their processing, the opposition to their treatment, without prejudice to the right to data portability;
withdraw consent to the processing of data at any time, without prejudice to the lawfulness of the processing based on the consent given before the revocation;
make a complaint to a supervisory authority.
To exercise their rights and to request any information, clarification and/or further documentation regarding Manco Andrea's privacy policy, the User can send an email, in Italian or in English, at the following email address:
malcomsday@gmail.com
By completing the installation of the software, by clicking on "ACCEPT", the User confirms to have read carefully, to have understood, to approve and accept, without reservation, the information provided by Manco Andrea pursuant to GDPR 2016/679 and to express their consent to the processing of their personal data, including any sensitive and/or judicial data, and to their communication and dissemination based on the provisions of the same information. If the User, after carefully reading the information provided by Manco Andrea pursuant to GDPR 2016/679, does not give his consent to the processing of his personal data, including any sensitive and/or judicial data, and their communication and dissemination on the basis of the information provided by the same, must click on "DO NOT ACCEPT", immediately interrupt the installation of the software, named Malcom's Day, and immediately proceed to the destruction and cancellation of any copy of the software in its possession.
14 VARIOUS PROVISIONS AND APPLICABLE REGULATIONS. Without prejudice to what is expressly provided for in this contract, in the event that any provision of the same contract is deemed not applicable, according to the regulations in force in certain States, territories and jurisdictions, the User understands and accepts that this provision, whatever it is, the remaining parts of which will retain full validity and effectiveness will be applied to the maximum extent allowed by the aforementioned regulations in force within the parameters provided for by the contract and will not be separable from the rest of the contract.
Except as expressly provided for in this contract, the contractual fulfillment by Manco Andrea is subject to compliance with current regulations. The User acknowledges and agrees that Manco Andrea can update this contract and/or parts of it in compliance with laws, regulations in force, current and/or future issues.
The User acknowledges and agrees that this contract constitutes and includes the entire agreement between the Parties regarding the object of the contract and replaces any, possible, previous agreement, verbal and/or written, between the Parties concerning the same object. The User acknowledges and agrees that for all matters not provided for in this contract, in any case of need, reference will be made, exclusively, to the laws and legislative provisions in force in Italy.
The User acknowledges and accepts that the present contract is not intended to confer and, indeed, does not confer any right and / or means of protection to persons, companies and/or entities other than the Parties to the contract. The User acknowledges and accepts that any rights and/or means of protection, of any nature, given to third parties by current laws and regulations, whether national or international, including international conventions between States, are expressly denied and they will therefore have no relevance in the context of this contract.
Manco Andrea's failure to exercise any right and/or failure to apply any provision of this contract by any means shall in any case constitute a waiver by Manco Andrea of the exercise of the right and/or the application of the provision, which will remain in the total and absolute availability of Manco Andrea in compliance with this contract and the current regulations.
The User acknowledges and accepts that Manco Andrea may assign this contract, in whole and/or in part, at any time and without any obligation to give notice, and undertakes to comply with it in full even if such conditions should actually occur of contractual assignment.
Failure by the User to comply with any condition of this contract could cause immediate and non-remediable damage and/or loss to Manco Andrea. Therefore, the User understands and accepts that, in any case of non-compliance by the User with any condition of this contract, Manco Andrea will have the right to proceed against the User without any obligation, other guarantee and/o burden of proof of the damages and/or losses suffered, using all the available measures foreseen by the norms and by the laws in force applicable contractually, including any requests for injunctive relief.
The companies, organizations, products, characters, people, situations, events, every other representation and every other visual, vocal and musical element present and/or represented in the software, called Malcom's Day, are purely invented and/or fantasy. Any possible reference to companies, organizations, products, personalities, living or dead persons, situations, events and any other representation and visual, vocal and musical real elements is to be considered purely coincidental.
To request any information, clarification and/or further documentation regarding this contract, the User can send an email, in Italian or in English, to the following email address:
malcomsday@gmail.com
The User, after having read it carefully, declares to have understood, to approve and accept without reservation, also pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code in force, the contents of articles 3 (Limited and non-exclusive use license. Compensation), 6 (Exclusion and limitation of guarantee. Exclusion and limitation of liability), 7 (Indemnity and liability), 8 (Requirements for access to the use of the software and limitations. Prohibitions of access to and/or use of the software), 9 (E-mail, messages, blogs, chats and other, possible, communication functions), 10 (Integrations and changes of the contract), 11 (Duration and termination of the contract. Survival of the contractual conditions), 12 (Applicable laws, dispute resolution, renunciation of the class action and jurisdictional right), 13 (Provisions on privacy), 14 (Various provisions and applicable regulations) of this contract.
By completing the installation of the software, by clicking on "ACCEPT", the User declares to have carefully read and understood this contract, confirms, without reservation, the approval and full acceptance of the contract and recognizes and accepts that the use of the limited and non-exclusive software license, named Malcom's Day, is subject to full compliance by the User with this contract.
If the User, after reading it carefully, does not fully accept this contract, he must click on "DO NOT ACCEPT", he must immediately stop installing the software, named Malcom's Day, he must not use and/or run the software on his device and/or on any other device and must immediately proceed to the destruction and cancellation of any copy of the software in its possession.