For the purposes of this Document, the terms set out below, will have the following meaning, with the specification that terms defined in the singular also apply to the plural form and vice versa:
Customer: legal entity, located in a specific geographical area, identifiable as the subject recipient of the invoice issued by the supplier, which acquires the right to use one or more licenses and has access to hours of implementation, hours of engineering and services related to the Annual Technical Support of the above software.
Applied: legal entity, which interacts with the Customer, which provides Design Program, Selection Program, Customized Software, hours of New Implementation, or engineering services related to the Ordinary Assistance of such software, as a result of a specific fee agreed and paid preventively.
License of Use: the right granted by Applied to a Customer to use a copy of the Design Program, the Selection Program or Customized Software to a single computer. User licenses, of any type shown here, are always related to the company brand of the Customer. They can not be distributed under any circumstances to subsidiaries companies, affiliates or the like, unless expressly agreed in advance with Applied by payment of an additional fee.
Annual Technical Support: A Document which, on payment of the annual charge, entitles the Software use & Services of Assistance and Maintenance. Failure to renew Annual Technical Support by two weeks from annual technical support time will result in suspension of Software use & Services of Assistance and Maintenance until subscription renewal.
Contract of User Licence: Contract which, on payment of the due charge, permits, via an Activation Code, the use of the software installed.
Activation Code: Alphanumeric code supplied by Applied following payment of the due charge which permits use of the program.
Documentation: Documents in paper and/or digital form relating to technical and/or commercial matters.
Design Program: Programs used by the Technical Office in the thermodynamic design of mechanisms, AC units and heat exchangers which are subject of the program.
Selection Program: Programs for the sales network which allow selection of the mechanisms which are subject of the software, intended to be used as an advanced electronic catalogue. The selection programs permit the selection, with relevant thermodynamic calculation of the units subject to the Contract, of certain components and/or accessories, the preparation of offers and the extrapolation of technical reports (print outs). The Selection Programs are subject to obligatory customization, details to be defined with the client during the initial phase of the present Contract.
Customized Software: Program implemented completely or in part according to the specific requests of the client during the program’s Development stage.
Customization: Obligatory for the Selection Programs and includes all modifications agreed in advance with the client during the initial phase of negotiations. Examples of customization are: graphic layout of the software and windows, change of fields and/or items present in the windows, insertion of extra windows which do not alter the logical flow of the functioning of the standard software, printing templates.
Standard Software: A Program produced in series and destined for general users. The standard programs function according to Applied original specifications.
Major Release: Software update relating to the principle functioning of the calculations, improves the program, and adds new functions, available to all users who respect the terms of the Annual Technical Support.
Minor Release: Software update which does not involve the major aspects of the calculations, but corrects faults and errors and adds new functions, available to all users who meet the terms of the Annual Technical Support.
Software patch: Software update which does not involve the main functions of the calculations, but corrects faults and errors. The supply of software patches will take place via the sending of relevant setups or files.
Stand Alone Activation: Applied software may only be activated on Desktop devices, with one single license for each single simultaneous user. Stand Alone activation does not permit the functioning of the Applied program in virtual devices or operational server systems.
Activation on a Server: Applied software is installed in a server which is specific to the Head Office. Its launch on a Server will allow the activation of the software user license, all connected to the same Server network at the Head Office. The number of activations of the user license must be expressly stipulated in the Contract.
New implementations/Procedures of New Implementation: All those features which are not present, at the moment of the request, in the software.
Setup of Implementation: Setup which is provided on the specific request of the client, the introduction of a new feature into the software.
Ordinary Assistance/Service of Assistance and Maintenance: Correction of bugs and minor errors, marginal modifications to the windows and prints. Applied reserves the right to evaluate whether the modifications requested by the Client can be considered minor and, hence, covered by the Document of Annual Technical Support or if they should be considered as Procedures of New Implementation.
Extraordinary Assistance/Procedures of Extraordinary Assistance: Assistance provided as a result of mistakes or malfunctioning deriving from causes external to the Source Code, such as the use of DLL by third parties, antivirus installed on the computer on which the software is running, or non-adherence to the procedures recommended by Applied.
Remote Assistance: Assistance provided by means of a remote internet connection, using free tools, which allow the secure sharing of the Client’s monitor with Applied technicians.
Remote assistance allows Applied technicians to analyze and understand the problem notified by the Client, and to intervene and/or resolve the same.
Remote connection is requested expressly by Applied technicians only after an assessment of the notification of the problem sent by the Client to the email address: firstname.lastname@example.org
Source Code: Text of the program’s algorithm written in the designated programming language. This constitutes part of the executable software and is property of Applied.
First Stipulation: first supply and/or installation of the software when the person requesting it has never been Applied client in the past or has terminated their previous Contract of User Licence for the Software.
Parent company logo for Design Programs: Insertion of the logo associated with the Parent Company who is the holder of the software’s Contract of User License.