SIT hereby grants the lawful acquirer (hereinafter referred to as: "You") of Proflame Connect skill/action (hereinafter referred to as: "skill") a right of use for this skill/action. This license is personal. The skill/action may only be used on the device on which the skill/action has been downloaded and installed.
The purpose of the skill/action is the delivery of the SIT Technology with which is for use to operate your gas appliance. Users are naturally free to use the skill/action as they wish within the constraints of these terms and conditions and the law.
It is prohibited
You may make a back-up copy of the skill/action. However, You may not independently use, trade or (re)distribute this back-up copy other than in combination with the original skill/action. This end user license is applicable to and forms part of the end user agreement between You and SIT and does not apply between You and the provider of the platform through which You acquired the skill/action. These providers may hold You liable for violation of provisions in this end user licence, however.
All rights to the skill/action, the accompanying documentation and all modifications and extensions thereto as well as enforcement thereof are and remain vested in SIT and/or her licensors. You are granted solely the user rights and authorities and/or permissions ensuing from the effect of this end user agreement or which are assigned in writing, and You may not otherwise use, reproduce or publicly release the skill/action.
The skill/action contains open-source software and/or information from third parties. Their respective right holders grant You a right of use under the relevant open source licences. You will find them in the annexes to this agreement. This end user agreement does not apply to this open source software and/or information, and nothing in this end user agreement may be construed as a restriction of any right granted to You under an open source license.
The skill/action may resend data from the skill/action and any connected peripheral devices to the Amazon servers or to the suppliers of the peripheral devices. Peripheral devices may additionally transfer this data independently, without the intervention of the kill/action. This data shall be used solely for improving its products and/or services.
SIT shall additionally release updates from time to time, which can rectify errors or improve the functioning of the skill/action. You may ask SIT to carry out an update; however, SIT shall not be obliged to carry out periodic updates and/or your specific requirements.
The updates shall also be carried out via this platform; this requires an active internet connection.
Skill/action relies on the availability of Amazon and Google, over which SIT has no control. SIT shall neither be responsible nor liable for the correct installation of updates. SIT shall not be liable for any loss and/or damage due to errors that have been rectified in an update not installed by you.
An update may stipulate conditions that differ from the provisions in this agreement. If you do not wish to consent to the amended conditions, then You are entitled to cancel the end user agreement immediately by removing the skill/action.
SIT is unable to provide any guarantees on compatibility with older versions of the operating system on your device. An older version is defined as: all versions of the operating system, excluding the latest available version. Additionally, SIT is not obliged to make any effort to investigate or rectify compatibility with older versions of operating systems.
SIT shall deliver a reasonable level of support through its website and/or e-mail (or other channels made known to You). SIT is unable to provide any guarantees that all the problems or requests submitted by you shall be addressed.
SIT shall endeavour to investigate any errors or defects reported in the skill/action and repair them or release a workaround for them as quickly as possible (SIT may postpone the repair of defects or errors with a limited impact until the next scheduled update); but makes no guarantees or promises beyond this.
To the extent permitted by law, SIT provides no guarantee that the skill/action will function without error or defect. SIT relies in this respect on services provided by third parties, over which it has no influence or control. SIT does not perform any checks on data supplied by third parties.
The functioning of the skill/action is dependant on the peripheral devices used by You. SIT is unable to provide any guarantees regarding the correct functioning of the skill/action in combination with any existing or future peripheral devices.
Unless in the event of wilful misconduct or gross negligence or non-compliance with a guarantee provided above, SIT is not liable toward You, on whatever ground, for any loss and/or damage in connection with the skill/action. This limitation does not apply to any liability for damage from injury to life, body or health due to negligent breach of duty by SIT or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of SIT.
In addition, SIT is only liable in the event of simple negligence if a material contractual duty has been breached. Such a material duty, which endangers the performance of the purpose of a contract, is involved if the orderly execution of the contract is only possible by fulfilling the respective duty and if You may routinely trust that those duties will be fulfilled. Your claim for damages in the event of a breach of material duties on the basis of simple negligence is, however, limited to damages that are foreseeable and typical for this type of contract.
SIT furthermore accepts no liability in the event the loss and/or damage is due to force majeure. Events of force majeure shall include, but not be limited to: network attacks such as synfloods or (distributed) denial-of-service attacks and/or interruptions to the network infrastructure over which SIT has no influence (such as your internet connection).
This agreement comes into effect on commencement of the use of the skill/action and will remain in force for an undetermined period from that moment.
The agreement may be terminated by You as well as by SIT at any moment, subject to Viale dell'Industria,31,35129 Padua, Italy. This agreement will end by operation of law in the event you are declared bankrupt, you apply for a moratorium on payments or a general attachment is levied against your assets, in the event of your death, or in the event you go into liquidation, are wound up or dissolved.
Following the termination of this agreement (for whatever reason), you shall cease and desist from all further use of the skill/action. You must then delete all copies (including back-up copies) of the skill/action from all your systems.
This end user agreement shall be governed by and construed in accordance with Italian law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
To the extent not otherwise prescribed by rules of mandatory law, any dispute that may arise in connection with this end user agreement will be submitted to the competent Italian court for the district in which SIT has its registered office.
If any provision in this end user agreement proves invalid, this will not affect the validity of the agreement as a whole. In that case, the invalid or unenforceable provision shall be deemed to be substituted by a suitable and equitable provision which, to the extent legally permissible, comes as close as possible to the economic intent and purpose of the invalid or unenforceable provision.
SIT reserves the right to amend the terms and conditions of this end user agreement at any time. Notification of these amendments will be made via the skill/action, 30 days prior to their entry into force. If you do not wish to consent to the amended conditions, then you are entitled to cancel this end user agreement immediately prior to the date of the entry into force. Any use of the skill/action after the entry into force is valid as an agreement to the amended conditions. This provision does not grant SIT a right to modify its performance obligation under this end user license agreement unless such modification can reasonably be expected by You when the interests of SIT are taken into account
SIT may transfer its rights and obligations under this end user agreement to a third party acquiring the respective business operations or the copyright to the skill/action.