PRINCE App

End User License Agreement

I. DEFINITIONS

a) "Application": PRINCE software application for Android mobile devices (smartphones and tablets) including, by way of example, any material, information, data, functionality, code and technology contained therein.

b) "User terminal": electronic device suitable for running and using the application: Android smartphone and tablet (see also: requirements for using the application).

c) "User", "You": User of the application, an individual or a single entity.

d) "Municipality of Genoa - Mobility and Transport Department (direzionemobilita @ comune.genova.it - 0105573803-77138 - Via di Francia 1, 16149 Genoa)

e) “AlgoWatt”: company AlgoWatt SpA with registered office in Milan, Corso Magenta 85 | 20123 and offices in Genoa Via Sampierdarena 71 - 16149 Genoa.

f) "PRINCE mobile services": Interactive information and utility services available through the application and usable by the user on mobile devices for which the Application is designed.

g) "PRINCE Support Services": set of protocols, services, interfaces, software components and more, necessary for the operation of the Application and the PRINCE mobile Services.

h) "PRINCE Services": set of (a) Application, including data, information, processing and results obtained through this application (b) PRINCE Mobile Services and (c) PRINCE Support Services

i ) "Third-party services": set of protocols, interfaces, services, software components, contents, data, information and more provided by third parties whose use may be required by the application (for example: internet connection services, provided by third party providers)

II. INTRODUCTION TO PRINCE SERVICES

PRINCE (PREMALITIES and INCEntives for modal change) is a research project funded by the Ministry of Ecological Transition (National experimental program of sustainable home-school and home-work mobility - Law no.221 of 28/12/2015 - Art. 5: Provisions to encourage sustainable mobility).

The project aims to encourage the change in transport habits for student travel, rewarding the most sustainable ones . Via a mobile application, students can enroll in the incentive program and receive incentives and rewards if they use the following means of transport available in the Genoese area for their usual home-university journeys: AMT bus, metro, bike sharing (service provided by Genova Parcheggi SpA), Car sharing (service provided by Genova Car Sharing) or if they park with private vehicles at one of the three interchange parking lots in the Genoese area.

The app communicates with devices installed on means of transport or in interchange parking lots to certify that trips are actually carried out in the aforementioned ways, certify sustainable behavior and assign incentives. The user's location can be temporarily detected by the app to verify that he is actually moving. In no case and for no reason this data is transmitted to anyone, not even to the PRINCE servers themselves.

The PRINCE Services are made available to users who take part in the incentive program implemented in the PRINCE intervention by the Municipality of Genoa. The technological components of the PRINCE services are created by AlgoWatt and use data, information, services and technological infrastructures of the Municipality of Genoa.

The PRINCE services are available only for the duration of the project.

III. REQUIREMENTS FOR USING THE APPLICATION

The Application is designed for mobile devices with Android OS version 6.1 and later. To use the Application, the User's terminal must have an active high-speed Internet connection.

IV. GRANT OF LICENSE

This End User License Agreement ("EULA") is a legal agreement between: (a) the User and (b) the Municipality of Genoa and algoWatt SpA as technological partner of the Municipality of Genoa. By clicking "I AGREE" below, you agree to be bound by all the terms and conditions of this Agreement. Failure to accept this Agreement will not allow the use of the PRINCE Services. As a condition of using the PRINCE Services you represent and warrant that:

a) You are at least 18 years of age and have the legal authority to enter into this Agreement, use the PRINCE Services in accordance with these terms and conditions and fully comply with the obligations set out below.

b) Be financially liable for internet connection costs that may arise from using the PRINCE Services or of part of them.

c) Not to violate any other agreement, law, rule, regulation to which you are bound or order or judgment to which you are subjected.

Without prejudice to the limitations and restrictions set forth in this Agreement, the Municipality of Genoa and algoWatt grant you a personal, non-exclusive, non-transferable, non-sub-licensable and revocable license to (i) install the Application on mobile device or tablet with Android operating system; and (ii) use the Application for your personal use, non-commercial. This Agreement confers only the rights to use the Application and the services it makes available in the manner provided. No right is granted to use the PRINCE Services, and in particular the PRINCE Mobile Services and the PRINCE Support Services, outside the methods provided for by the Application. The PRINCE Services include any updates as specified below.

V. INTELLECTUAL PROPERTY

The intellectual property of the PRINCE Services, including, without limitation, proprietary algorithms, graphics, texts, specifications, Application architecture, interactive features and interfaces (collectively, "Intellectual Property"), is from AlgoWatt: The PRINCE Services are subject to rights of author and other intellectual property rights applicable pursuant to the legislation in force.

It is not allowed:

a) Use the PRINCE Services outside the modalities and interfaces provided by the Application.

b) Decompile, perform the reverse engineering, extract the source code, disassemble, modify, adapt, translate any part of the PRINCE Services.

c) Sell, rent, license, loan, distribute or create derivative works of the PRINCE Services.

d) Create works that use the PRINCE Support services or data and information derived from them.

e) Create a "framing" or user interface that uses the PRINCE Services or data and information available through them.

f) Merge bundled PRINCE Services for distribution with other products.

g) Copy, reproduce, transfer, publish or distribute in any way the contents, information and data of the PRINCE Services without the prior written consent of Comune di Genova SpA, without prejudice to the possibility of communication and reproduction limited to the provisions of current legislation as well as the possibility of storing or printing for personal use only.

h) Interfering with the regular functioning of the PRINCE Services or of servers or networks that host and make the PRINCE Services available.

i) Use the PRINCE Services for any non-personal, commercial or other purpose, including any use that generates revenue, directly or indirectly.

j) Use the PRINCE Services in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this Agreement.

VI. THIRD PARTY APPLICATIONS, SITES AND SERVICES

The User accepts that the PRINCE Services may interact with, and / or allow the use of software applications and / or services, data and / or materials of third parties (" third parts"). Use of the PRINCE Services in connection with the Third Party Services may require the User's acceptance of additional terms and conditions of use. The User is required to read and accept these additional conditions and terms of use in order to use the PRINCE Services.

VII. PRIVACY

The complete information regarding the processing of personal data is available at: https://princetest.comune.genova.it/prince/prince-privacy-policy_en.html. The use of the PRINCE application is subject to having read and accepted this information.

VIII. SOFTWARE UPDATES

All updates to the PRINCE Services, including updates to the Application made available through the official distribution channels of the Application, are subject to the terms and conditions of this Agreement and any revisions thereof.

IX. COSTS

The User is solely responsible for determining and paying any charges, charges, fees or taxes that the use of the PRINCE Services may involve including, but not limited to, those imposed by a service provider internet and telephony service provider.

X. DISCLAIMER OF WARRANTIES

The application is made for experimental purposes, as part of a funded research project. AlgoWatt and the Municipality of Genoa do not provide any explicit or implicit guarantee of any kind regarding the use of the PRINCE Services. The PRINCE Services are provided "as is" and "as available" for your personal use only. Under no circumstances can AlgoWatt and the Municipality of Genoa be held liable to third parties for direct or indirect damages resulting from the use or inability to use the PRINCE Services or other related resource. This includes but is not limited to, failure to score, failure to award prizes, failure to profit, business interruption, loss of programs or other data even if express information is provided on the possibility of such damages.

In no case can the Municipality of Genoa and AlgoWatt be held liable to you for the failure to use the bonuses related to the use of the application or participation in the incentive program implemented as part of the intervention PRINCE.

The PRINCE Services use data, content, services, components and other elements provided by third parties ("Third Party Services"). the Municipality of Genoa and AlgoWatt have no control or responsibility over the Services of third parties and do not provide any explicit or implicit guarantee of any kind in relation to these Services and their characteristics. By way of example and without limitation, no guarantee is provided on the correctness, accuracy, completeness, quality, reliability, availability, integrity, efficiency and suitability or suitability for use for any purpose of the Third Party Services.

No guarantee is provided by the Municipality of Genoa and AlgoWatt on the fact that the information obtained through the PRINCE Services is suitable for any use. Despite the accuracy and attention placed in the creation, updating and integration of the contents and information provided by the PRINCE Services, such contents and information may contain typos, errors or inconsistencies in relation to which AlgoWatt makes no warranties, explicit or implicit. Neither AlgoWatt nor the Municipality of Genoa guarantees that: (a) all information and PRINCE Services are timely, accurate, reliable or correct; (b) the PRINCE Services are secure, error-free, uninterrupted, or available at any particular time or place; (c) any defects or errors are corrected; (d) the services do not contain harmful components; (e) results or outcomes of any kind can be obtained. (f) the scores foreseen by the use of the PRINCE app are correctly assigned, (g) the prizes obtainable through the scores acquired are actually available in the modalities or quantities requested. The User therefore agrees to use the PRINCE Services and the information obtainable from them at his own risk and is aware of the exclusion of guarantees defined in this Article. By agreement with or at the request of the Municipality of Genoa SpA, AlgoWatt has the right to change or modify any part of the PRINCE Services without notice, as well as to interrupt, limit, revoke, suspend the provision of services or modify the methods of use.

XI. LIMITATIONS OF LIABILITY

With this Agreement, the User agrees to defend, indemnify and hold harmless AlgoWatt, its directors, parent companies, subsidiaries, affiliates and suppliers from any claim, liability, injury, damage, loss incurred as a result of, or arising from (i) any use or abuse of or access to the PRINCE Services and information and data accessible from them (ii) breach of any term of this Agreement, (iii) breach of the rights of third parties, including, without limitation of any intellectual property or privacy rights, and (iv) any damages of any kind, direct, indirect, special or consequential, that the PRINCE Services could cause.

The User acknowledges that AlgoWatt has no responsibility for the services of third parties. AlgoWatt makes no warranties with reference to these services and the consequences of their use which remain at the User's risk. This includes, by way of example, the risks of programming errors, viruses, intrusions, data loss, unavailability, suspension or interruption of services, damage to equipment or violation of third party rights.

The User acknowledges that access to third-party websites, to which there are links in the Application, remains at your own risk. Third party sites are not under the control of AlgoWatt and you acknowledge that AlgoWatt cannot be held responsible for the content, accuracy, compliance with the laws, functions or any other aspect or feature of the information and services provided by such third party sites. The User acknowledges and accepts that AlgoWatt has no responsibility, direct or indirect, for any loss or damage caused or presumably caused by the direct use or in connection with the PRINCE Services, of information, content or services available on any website or resource. of third parties.

You acknowledge that the Software is neither designed nor intended for use in hazardous environments requiring fail-safe or fault-tolerant performance or any other environment or context in which a Software failure could directly cause death, personal injury, or significant damage to property or the environment. AlgoWatt disclaims any express or implied warranty in relation to the suitability of the software for these types of activities.

XII. DURATION / TERMINATION / CHANGES

These Conditions (including further changes) constitute the entire Agreement between the User and the Municipality of Genoa for the use of the PRINCE Services. The Agreement supersedes any prior or contemporary agreement, oral or written, and any other communication between the parties relating to the use of the PRINCE Services. If any part of this Agreement is found to be unenforceable, that part will be deemed to be rewritten to reflect to the greatest extent possible the original intention of the Parties in accordance with applicable law while the remaining parts of this Agreement will remain in full effect. < / p>

This Agreement, subject to termination under the conditions contained therein, remains in full force and effect for the maximum duration permitted by applicable law. The User has the right to terminate this Agreement at any time by uninstalling and deleting the Application from his / her terminal. The Municipality of Genoa has the right to terminate this Agreement at any time, for any reason or no reason. Upon termination of this Agreement, all rights granted to the User will cease and the User must immediately remove the Application from his / her terminal. By their nature, certain provisions of this Agreement will survive termination. This includes, by way of example, the provisions on license limitations, disclaimer of warranties, limitation of liability, indemnity and property.

The Municipality of Genoa reserves the right, at its discretion, to modify or replace any of these Terms of Use. The Municipality of Genoa reserves the right to limit certain features and / or services without notice or liability or to modify, suspend or discontinue the Service (including, without limitation, the availability of any information, function, data or content) at any time. . The User is required to regularly check for changes to these Conditions. The use of the Service following the publication of any changes to these Conditions constitutes acceptance of those changes.

This Agreement is not to be construed to create any relationship, partnership, joint venture, or dependence between the parties. In the event of a conflict between versions of this contract in Italian and versions in other languages, the Italian version will prevail.

XIII. GOVERNING LAW

A printed version of this Agreement and all notes and disclosures provided in electronic form will be admissible in legal or administrative proceedings based on or relating to this Agreement. This Agreement and any disputes or claims arising from it or connected to it will be interpreted and regulated in accordance with the Italian law to which the parties irrevocably submit. The parties accept exclusively the jurisdiction and the legal venue in the Genoa court.

BY CLICKING "I ACCEPT THE LICENSE AGREEMENT", YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT. PURSUANT TO AND FOR THE EFFECTS OF ART. 1341 OF THE CIVIL CODE, THE USER DECLARES THAT THE FOLLOWING CLAUSES ARE EXPLICITLY KNOWN AND ACCEPTED WITHOUT ANY RESERVATION: