Terms and Conditions for Manuals

Terms and Conditions

Scope of the T&C

These terms and conditions govern our contractual relationship concerning the license and use of certain services related to the download of manuals and other editorial artifacts.

It is prohibited to modify, remove, suppress, or in any other way make inconspicuous the copyright, digital fingerprints, watermarks, identification labels, legal notices contained within the manuals or other technical protection devices or data identifying FileZilla Pros’s rights in the manuals, its files or its components.

No right is granted herein to any third party to use the manuals, to the Licensee to use the manuals for any third party, or to the Licensee to utilize the manuals for any purpose whatsoever not described herein.

LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND PROVIDED THAT LIABILITY SHALL NOT BE EXCLUDED OR LIMITED IN RESPECT OF MALICIOUS INTENT OR GROSS NEGLIGENCE, COPYRIGHT HOLDERS HEREBY EXCLUDE ALL LIABILITY IN RESPECT OF:

a) ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR CLAIMS BY A THIRD PARTY, EVEN IF A COPYRIGHT HOLDERS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS.

b) DAMAGES, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING:

I) THE CONTENT (INCLUDING WITHOUT LIMITATION ITS NATURE OR ANY INTELLECTUAL PROPERTY RIGHTS THEREIN) AND/OR ANY OTHER DATA, IMAGES, VIDEOS OR SOUNDS WHATSOEVER THAT THE LICENSEE MAY ACCESS OR TRANSMIT USING THE ARTIFACTS OBTAINED BY YOU FROM US;

II) LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, LESSOR OR PROVIDER OF COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF THE INSTALLATION OF OR USE OF THE ARTIFACTS OBTAINED BY YOU FROM US;

III) ANY CHARGES WHICH THE LICENSEE MAY INCUR TO ANY TELECOMMUNICATIONS SERVICE OR NETWORK.

WE EXPRESSLY EXCLUDE ALL LIABILITY IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS OR THIRD PARTY COMPONENTS THAT MAY BE INCLUDED WITHIN THE ARTIFACTS, OR YOUR USE THEREOF.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT WILL BE LIMITED IN ANY CASE TO THE AMOUNT PAID FOR THE ARTIFACT THAT CREATED THE LIABILITY, IF ANY, OR, IF HIGHER, TO THE MINIMUM AMOUNT STIPULATED BY A COMPULSORY LAW.

Consumer rights

If you act as a consumer under European Law, you have certain rights.

  • As you are allowed to a manual or another editorial artifact since its purchase, you will **not have** the right to withdraw from the agreement after 30 days of purchase;
  • You have a 2 years statutory warranty for defects or lack of conformance in your products.

Applicable law and jurisdiction

The law of England and Wales shall govern the interpretation, execution, performance, termination and in general all aspects deriving from or pertaining to this Agreement, including its validity and this very clause.

Any controversy which cannot be amicably resolved by the parties shall be decided by the relevant Court having jurisdiction for the City of Milano, Italy. This jurisdiction clause shall not affect the right of a Consumer to be only summoned before the Court having jurisdiction in their domicile.

Data protection notice

What follows is the data protection notice of FileZilla Pro.

Your data will be kept by FileZilla Pro, whose data are at the bottom of this file. Your data will be kept for the purposes of complying with the contractual obligations now undertaken. Therefore the legal basis of the processing is to perform a contract where you are a party. In addition, data are processed to provide evidence of the correct use and in general of compliance with contractual and legal obligation, therefore in the FileZilla Pro own interest, including to send to you relevant information about your use of the Software and to provide you with news and updates about the Software, including through email communication. You can opt to stop receiving these updates at any time, but this will not affect previous mailing.

Your data will not be shared with other parties without your consent, unless in order to comply with the local legislation. Your data are collected by the facility you are obtaining the key from. Your data will be kept with us, under our control, for a maximum of two years after your subscription has expired or until you have title to otherwise receive updates of FileZilla Pro in case of purchase; in any case your data will be kept for a maximum of ten years since our last interaction for the exclusive scope of defending FileZilla Pro’s rights.

Providing data is compulsory to complete the agreement. You might not provide data which are not marked as mandatory, but you might miss opportunities and useful information.

You have the right to obtain more information about your data collected by FileZilla Pro and a copy of them upon paying reasonable processing fees, and to obtain portability to another platform. For any inquiry, please contact privacy@filezillapro.com. You also have the right to correct your data and to demand immediate erasure of them, unless they are required to defend FileZilla Pro’s rights or there is an interest by FileZilla Pro to process them. No data will be exported or used to make automated decisions. You have the right to object against the processing and seek redress from an independent supervising authority.

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Business Follows Data

Business Follows Srl
Piazza S.Giovanni in Laterano 26
00184 Roma
partita IVA /CF 13849901007
info@businessfollows.com

FileZilla® is a Trademark of Tim Kosse. FileZilla Pro® is a Trademark of Tim Kosse and Business Follows srl

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