Chimpa®: Chimpa Teach™, Chimpa Learn™,  Chimpa Bazaar™, Chimpa MDM Agent™, Chimpa Home™, Chimpa MDM™

 

End User License Agreement (EULA)

Please read this agreement carefully before using the software.

The installation or use of the software entails acceptance of the terms and conditions of this contract by the licensee. If you do not accept the terms and conditions of this contract, you are asked not to install or use the software.

The software IS LICENSED, NOT SOLD, to the licensee, who can use it only in compliance with the terms and conditions of this contract.

1) Scope of the license

The licensee is granted a limited, non-transferable and non-exclusive license to install and use the Chimpa® software suite (“Chimpa MDM” or “Chimpsky” – server application for school and mobile device management based on  MDM; “Chimpa MDM Agent” – App for configuring and monitoring Android devices; “Chimpa Teach” – App and webApp teacher for the control of student mobile devices in the classroom, which includes teaching aid tools; “Chimpa Learn “- Student app for classroom attendance check, access to educational content and online resources;” Chimpa Bazaar “- Catalog and download of App, Ebook and other material proposed by the teacher, even for a fee); “Chimpa Home” – App and webApp to allow parents to monitor their children’s devices; on the devices owned, or otherwise available to the licensee, in accordance with the type of product chosen and purchased (“Appliance” licenses or “Cloud” licenses, see attachment A).

The license has an unlimited duration.

The Chimpa® software application suite is owned by Xnoova s.r.l. This license does not give the licensee any moral or economic right to use the software and, in particular, the source code. All the techniques, algorithms and procedures contained in the program and in the related documentation are confidential information owned by the licensor and may not be used by the licensee for purposes other than those governed by this license. All rights to interfaces, content, fonts, documentation, the brand and the logo and, in general, all the data supplied together with the Chimpa® Software Suite are also reserved.

The licensee cannot transfer, sell, distribute, rent, lease, lend or sublicense the software.

Licensee may not copy, decompile, reverse engineer, attempt to derive source code, disassemble, modify, in whole or in part, or create derivative products from the software, except as allowed by law or by terms and conditions of this license.

The license gives the licensee the right to obtain, at no additional cost, as well as use, application updates, including new program features, released during the maintenance period included in the chosen license or purchased separately. The terms and conditions of this license govern any application update, unless the update is provided with a specific license.

In the case of an “Appliance” license, the licensee is granted the use of the SSL (Secure Sockets Layer) *.appliacne.chimpa.eu certificate, for the sole purpose of allowing the operation of the Chimpa® Software Suite services.

The licensee can make copies of the documentation for the installation and use of the software, provided it is for internal use and in strictly necessary numbers.

2) Exclusions and limitations of liability.

Within the limits of the applicable law, the Chimpa® software application suite and the services associated with it are provided in the state in which they are located and as available, with all possible errors and without any warranty for defects, originating or occurring, or conditions.

In particular, by way of example, the licensor does not provide any guarantee for any errors, malfunctions, unsuitability of the product to meet specific user needs, incompatibility with other software, effects on the operation of other software and systems, interference, interruptions, unavailability of applications or services.

The licensee expressly exempts the manufacturer from any liability for damages of any kind and species, direct or indirect, caused even only when the software is used or misused, except for cases of malice or gross negligence.

In particular, by way of example, the licensee exempts the manufacturer from liability for death and personal injury of the licensee or third parties, damage or loss of data, errors in the transmission or receipt of data, business interruption, economic loss and lost earnings, illicit fact of the licensee or third parties.

The Chimpa® software suite of applications can be used to reproduce material for which the licensee or third parties hold the copyright, material not covered by copyright, materials whose reproduction has been authorized by the legitimate copyright holder. The licensee exempts the manufacturer from any liability for the infringement of copyright or the terms of use provided by third parties.

Xnoova s.r.l. reserves the right to modify, suspend, delete or disable access to services for justified reasons and without prior notice. Licensee exempts Xnoova s.r.l. from any responsibility for the modification, suspension, elimination or disabling of access to any of the services.

In any case, the amount of any compensation payable by the producer will be limited to the total amount of € 100.00.

3) Non-compilance by the license

Failure to comply, in whole or in part, with the license agreement will result in the licensee’s automatic forfeiture of all rights under this agreement.

In particular, the licensee will no longer be able to install or use the software on any device and will have to destroy any copy, full or partial, of the same.

The licensee will also be required to pay compensation for all damages suffered by the licensor due to the defaulting conduct.

4) Applicable law and competent court

The parties agree that the relationships arising from this contract are governed by Italian law and that, for any dispute arising from the application and interpretation of this contract, the Court of Bologna will have jurisdiction

Regulation for the processing of personal data

a) For the functioning and use of the Chimpa® software application suite it is necessary to enter the personal data of students and teachers. In particular, the applications included in the Chimpa® Suite require the inclusion of the name, surname, e-mail address, photographic image of the teachers and students, including children under the age. The provision of all the above information is mandatory, as without them it is not possible to provide the services provided by the applications.

b) The installation and use of the Chimpa® software application suite entails prior registration on the student and teacher system, the assignment of credentials for authentication and access and the assignment of a unique identification code of the device, for the purpose of providing the services provided by the applications. The credentials assigned can be used by students and teachers also for access to accounts on services provided by third parties.

c) The installation and use of the Chimpa® software application suite involves the processing of the technical data for use and diagnosis, as well as other information connected to them, for the improvement of the software, the preparation and provision of updates, the supply technical support and additional services related to the licensed software, verification of compliance with the terms and conditions of this license.

d) The installation and use of the Chimpa® software application suite entails automatic access of the devices to the internet to perform background operations, also for the purpose of receiving push notifications.

e) The installation and use of the Chimpa® software suite of applications may involve the collection and processing of data relating to the geographical location in real time of the device for the provision of services based on location.

f) In the case of data collected and stored by the licensee, these guarantee that they have been authorized, or in any case have the right, to the communication and dissemination of the data of third parties, including children, expressly exempting the licensor from any liability arising from the communication, from the unauthorized distribution and processing of data.

g) Where the collection, storage or processing of data is carried out by the licensor, this guarantees that the data is kept in an accurate, complete and up-to-date manner and is processed only for the time necessary to provide the services requested and in relation to the purposes indicated in this document. The licensor also guarantees the adoption of appropriate security measures aimed at preventing unauthorized access, disclosure, modification, removal or destruction of the data. Diagnosis and usage data are collected and processed to an extent and in a manner that does not allow the personal identification of the user.

h) The licensee and third-party users can always request the modification, correction or deletion of data held by Xnoova s.r.l. The deletion of personal data makes it impossible to use the applications with reference to the subject whose data has been deleted. The licensee now guarantees that he has been authorized, or in any case has the right, to request the modification, rectification or deletion of the data of third parties, including children of minor age, expressly exempting the licensor from any liability deriving from the modification, from the correction or unauthorized cancellation of the personal data of the third party.

i) The Chimpa® Software Application Suite and its associated services may contain links to websites, products and services of third parties, as well as use or offer products or services of third parties. In this case, the data collected by third parties through their websites, products and services are treated according to the respective regulations on the processing of personal data.

j) Xnoova s.r.l. may communicate or disseminate the personal data collected, stored or processed when this is in accordance with the law, is requested by police forces, the judicial authority, security organizations or other subjects for defence or security purposes of the State o prevention, detection or repression of crimes.