Terms of Service

Terms of Service Policy

Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

These Terms of Service ("Terms") govern your access to and use of www.evolutionofsystems.it, www.evolutionofsystems.com, ews.it.com and other websites operated by EOS, on which these Terms are linked, including the content, functionality and services offered on or through such websites and/or copies thereof (collectively, the "Site"). The Site is provided by Evolution of Systems ("EOS", the "Company") for informational purposes only. Use of the Site is permitted only if you have formed a legally binding contract with EOS and are in compliance with these Terms and all applicable laws and regulations. These Terms apply to all persons who access or use the Site.

By accessing or using the Site or downloading any materials from the Site, you agree to be bound by these Terms and acknowledge that you have read and understand the Company's Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Site or download any materials from it.

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION/JURY TRIAL WAIVER THAT PROVIDE, SUBJECT TO THE SOLE EXCEPTIONS SPECIFIED HEREIN OR IF YOU OPT OUT IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED HEREIN, THE EXCLUSIVE RESOLUTION TO BINDING AND FINAL ARBITRATION SOLELY ON AN INDIVIDUAL BASIS FOR RESOLUTION OF DISPUTES AND NOT TO JURY TRIALS, CLASS ACTIONS, COLLECTIVE TRIALS, PUBLIC PROSECUTOR’S OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.

Forward-Looking Statements

Information on (or linked to) the Site, other than statements or characterizations of historical facts, may contain forward-looking statements. Such forward-looking statements are based on the Company's current expectations, estimates and projections regarding its industry, the beliefs of management and certain assumptions made by the Company. Forward-looking statements are subject to a number of significant risks and uncertainties, and actual results may differ materially. EOS undertakes no obligation to revise or update any forward-looking statements.

Trademark Information

© 2024 EOS. All rights reserved. EOS and the EOS logo, Evolution of Systems, EWS are trademarks and/or registered trademarks of Evolution of Systems in Italy and other countries. All other company and product names may be trademarks of their respective owners.

You may not use the EOS Marks without the prior written consent of EOS. Nothing in these Terms shall be construed as granting such permission. Proper use of the EOS Marks in advertising and promotion of EOS products requires proper acknowledgment.

Performance Information

Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of EOS products as measured by such tests. Differences in system hardware or software design or configuration may affect actual performance.

Single Copy License

The materials contained in the Site are subject to copyright and other intellectual property rights and other proprietary rights of EOS or its licensors. Any unauthorized use of any materials on the Site may violate copyright, trademark, and other intellectual property and other rights and laws.

You may be able to download one copy of the software and materials on the Site ("Materials") on a single computer solely for your personal, non-commercial internal use, unless otherwise permitted by EOS in writing or as permitted by any license terms accompanying or provided with the individual Materials. This is a license, not a transfer of title.

Your use of the Site is subject to the following restrictions: You may not: (a) modify the Site or use it for any commercial purposes or for any public disclosure, performance, sale or rental; (b) decompile, reverse engineer or disassemble the Site except and only to the extent permitted by applicable law or unless otherwise expressly authorized by EOS in writing or as permitted by the license terms accompanying or provided with the individual Materials; (c) remove any copyright or other proprietary notices from the Site; (d) transfer the Site to any other person or entity; (e) use the Site for any purpose that is unlawful or prohibited by these Terms; (f) use any robot, spider, scraper, crawler, data mining, data gathering or extraction tools, or any other automatic device, program, algorithm or methodology, or similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents or information through any means not made available for that purpose through the Site; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, EOS's systems or networks, or any systems or networks connected to the Site or to EOS; (h) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, any transaction conducted on the Site, or any other person's use of the Site; (i) attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site, any EOS server or service offered on or through the Site, through hacking, password mining or any other illegitimate means; (j) probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site. You agree to prevent any unauthorized copying of the Site. You agree that a violation of this Section constitutes a material breach of these Terms.

Ownership of the site

The Site is protected by copyright, copyright laws, and international copyright treaty provisions. It may not be copied, reproduced, modified, published, uploaded, transmitted, or distributed in any way without the prior written consent of EOS. Except as expressly provided herein, EOS and its suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks, trade secrets, or any other intellectual property or proprietary rights.

Copyright Infringement Claim

EOS and its affiliates respect intellectual property. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at claimcopyright@evolutionofsystems.com and follow the instructions in the email according to the rules and procedure for making claims of copyright infringement.

Copyright Infringement Claim

EOS reserves the right to terminate your access to and use of the Site at any time if EOS determines, in its sole discretion, that you have committed a violation of these Terms or any other terms that may be associated with your use of the Site. Upon termination, you shall immediately destroy the Materials and certify to EOS such action.

Disclaimer

THE SITE AND OTHER CONTENT OFFERED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EOS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

EOS AND PERSONS ASSOCIATED WITH EOS DISCLAIM ANY WARRANTIES OR REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY, SECURITY, RELIABILITY, QUALITY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, EOS AND ANY ENTITIES ASSOCIATED WITH EOS DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EOS MAY CHANGE THE SITE OR THE PRODUCTS DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE; HOWEVER, IT DECLINES ANY COMMITMENT (AND OBLIGATION) TO UPDATE THE SITE.

Copyright Infringement Claim

EOS blogs may reference software products and features in various stages of development or availability. EOS software products and features are offered as and when available. Information contained in a blog is provided on a non-binding basis and does not constitute any warranty or legal obligation on the part of EOS. The development, release, timing and terms of any software product or feature may change for any reason at the sole discretion of EOS. EOS disclaims all liability arising out of or in connection with statements contained in a blog.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EOS OR ITS AFFILIATES, NOR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY NATURE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, INCLUDING, BUT NOT LIMITED TO (I) INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) DAMAGES RESULTING FROM: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, (B) LOSS OF PROFITS, REVENUE, USE, DATA OR REPUTATION ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, FRAUD (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF EOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF EITHER PARTY’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EOS'S TOTAL CUMULATIVE AGGREGATE LIABILITY FOR ANY LIABILITY, OBLIGATION OR CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED ONE HUNDRED EUROS (€100).

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR DISCLAIMER MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY IN THESE TERMS DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnity

You agree to indemnify and hold harmless EOS, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns ("Indemnified Parties"), and, at EOS's option, to defend the Indemnified Parties from any claims or suits, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or related to your violation of these Terms or your use of the Site other than as expressly authorized in these Terms.

Rights restricted by the Italian Government

The software and documentation ("Protected Items") are "Commercial Products" or "Commercial Services," as those terms are defined, and consist of "commercial computer software" and "commercial computer software documentation." The Covered Items are developed at private expense and provided under these Terms. In no event does the Italian Government acquire rights in the Covered Items unless expressly approved by EOS in writing.

User contributions

Any material, information or other communication you transmit or post to the Site ("Communications") is considered non-confidential and non-proprietary. You are solely responsible for the Communications and EOS has no obligation with respect to such Communications. EOS and its designees reserve the freedom to copy, disclose, distribute, incorporate or otherwise use the Communications and all data, images, audio, text and other things contained therein for any commercial or non-commercial purposes. You may not post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law in any jurisdiction. Any Communications are shared voluntarily at your own risk and you agree that they may be read, collected, used and modified by those who access them. EOS disclaims all liability and responsibility for such Communications, including (without limitation) any rights of privacy, proprietary rights or legal or regulatory compliance. You agree that EOS does not operate or control any Communications uploaded, displayed, stored or distributed through EOS servers and disclaims all responsibility for such information regardless of whether such Communications are transmitted to or by you in violation of these Terms. You represent and warrant that you have sufficient rights to submit the Communications and to grant such rights. You further represent and warrant that the Communications do not violate the rights of any third party or any applicable law.

Links to other materials

Linked sites are not under the control of EOS and EOS is not responsible for the content of any linked site or any link contained in a linked site. EOS reserves the right to remove any link or linking program at any time. EOS does not endorse any company or product linked to on the Site and reserves the right to state so on its web pages. If you decide to access any third-party site linked to by the Site, you do so at your own risk.

Applicable law; Dispute resolution

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE DISPUTES AND LIMITS THE MANNER YOU CAN SEEK RELIEF.

Current law

All matters relating to the Site or these Terms and any Disputes (as defined below) shall be governed in all respects by the laws of Italy, without regard to conflict of laws principles or the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that these Terms indicate a transaction within the scope of international commerce. Notwithstanding the foregoing, with respect to the substantive law governing these Terms, the binding arbitration clause below governs the interpretation and enforcement of the clause and prevails over all state (and other jurisdiction) laws to the fullest extent permitted by applicable law. To the extent that it does not apply to any matters arising out of or relating to the binding arbitration clause, such matters shall be resolved and governed by the laws of the Italian state in which you live (if applicable) or by the jurisdiction agreed to in writing by the parties. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree to submit to the exclusive jurisdiction of the Italian state, in the event of any action for which EOS is entitled to seek injunctive or similar relief from a court of competent jurisdiction in order to prevent actual or alleged infringement, misappropriation or violation of the Company's data security, intellectual property rights or other proprietary rights, as set forth in the Binding Arbitration clause, below, including any interim relief sought to avoid irreparable harm. You agree that the Italian state, the Court of Taranto, shall be the competent and exclusive forum for any appeal of an arbitration award or for judicial proceedings in the event that the Binding Arbitration clause below is held to be unenforceable.

In the event of a conflict between the Italian language and non-Italian language versions of these Terms, you and EOS agree that the English language version of these Terms will apply to the extent not prohibited by the local law of your jurisdiction.

Informal resolution

In the event of any dispute, claim or controversy arising out of or relating to the Site or these Terms ("Disputes"), the parties agree to work in good faith to resolve the Dispute informally. In the event of a Dispute, you must first contact EOS and give EOS the opportunity to resolve the Dispute. To contact EOS use the postal address: EOS | Evolution of Systems, Str Giuliani, S.N.C - 74015 Martina Franca (TA). You or EOS may seek resolution of a Dispute by a justice of the peace if all of the requirements of the case are met. You or EOS may seek resolution of a Dispute by the justice of the peace in your area of residence or by the justice of the peace closest to your residence, at any time, before an arbitrator is appointed. You may also apply to a justice of the peace at the Court of Taranto.

Binding Arbitration

You and EOS agree that all disputes shall be resolved by a justice of the peace, of the court of Taranto ("justice of the peace") in accordance with the Rules and procedures of comprehensive arbitration in force at the justice of the peace. If the amount of the Dispute is less than €10,000, the optional expedited arbitration rules and procedures of the office of the justice of the peace shall apply. The Dispute (including the possibility of arbitration of claims) shall be referred to and finally determined by arbitration in accordance with the rules of international arbitration by the justice of the peace. In the event of a conflict between this section and the procedural or other rules issued by the administrator, this section shall prevail. Except as required by applicable law or court order, you and EOS agree to maintain confidentiality (and require the judge to maintain confidentiality) of all matters and findings of the judge, except that a party may disclose information relating to the arbitration for the purpose of (i) enforcing this arbitration clause or an arbitration award; or (ii) seeking provisional remedies in a court of competent jurisdiction. The judge will issue a written award and statement describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The judge will not have the authority to award damages in excess of the amounts or otherwise permitted under this Agreement. Judgment on the award may be entered by any court of competent jurisdiction. You and EOS agree that the arbitration award is final and binding without appeal or review, except as permitted by applicable law. The arbitration proceedings will be held in the Court of Taranto, in the Italian language. Notwithstanding the foregoing, you agree that EOS shall still be entitled to seek injunctive or equivalent type of urgent legal relief in any jurisdiction.

Waiver of class action, legal representation and jury trial

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO JUDICIAL COURT AND, UNLESS EOS AGREES OTHERWISE, A JUDICIAL COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S DISPUTES. YOU AND EOS AGREE THAT A COURT MAY AWARD RELIEF ONLY TO A SINGLE CLAIM AND ONLY TO THE EXTENT NECESSARY TO RESOLVE INDIVIDUAL DISPUTES. ANY REMEDIES AWARDED CANNOT AFFECT OTHER USERS. YOU AND EOS AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE BOTH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Right of refusal

You may opt out of the foregoing jury trial, class action, arbitration, and collective or consolidated proceeding waivers by providing EOS with prior written notice within 30 days of your use of the Site or within 30 days of any future changes EOS makes to the arbitration provisions in these Terms. Such written notice must be sent to: EOS | Evolution of Systems, Str Giuliani, S.N.C - 74015 Martina Franca (TA) and must include the following information about you: (1) your name, (2) your address, (3) reference to the EOS site as the service that is the subject of the notice, (4) a clear statement that you do not wish to resolve disputes through a justice of the peace, and your compliance with the 30-day deadline. Any notice of rejection received after the deadline or that does not include the mandatory elements indicated in points (1)-(4) of the preceding paragraph is not valid and you must submit the Dispute to a justice of the peace. Refusal of the dispute resolution procedure does not affect the terms and conditions of these Terms, which continue to apply to you. In the event that you reject any future change that EOS may make to the arbitration provisions in these Terms, the most recent version of such change prior to the one you rejected will apply.

Compliance

This Site is controlled by EOS from its offices in Martina Franca. EOS makes no representation that the Site is appropriate or available for use in other locations and access to the Site from territories where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so on your own initiative and are responsible for compliance with all applicable laws. You may not use or export the Materials in violation of the export laws and regulations of the Italian State.

General

EOS reserves the right to change these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you and any use of the Site constitutes acceptance of the terms contained herein. Certain provisions of these Terms may be superseded by expressly drafted legal notices or terms located on particular pages of the Site.

For all other information or clarifications you can contact us via: