Terms of Use

PORTASIGMA.COM GENERAL CONDITIONS OF USE

This text establishes the general licensing conditions for the computer software owned by Isigma Asesoría Tecnológica, S.L. with tax ID no. B64228430 and registered offices at Calle Casanova, nº 11, 5º2ª, 08011, Barcelona (hereinafter “Isigma”), the purchaser (hereinafter “the User”) being subject to their compliance, having accepted them by data communication on installing and accessing the software.

The two parties acknowledge their full capacity to enter into this contract under the terms established in these software licensing conditions (hereinafter “the General Conditions of Use”) and, by their own free will, do hereby

 

DECLARE

I. Whereas Isigma is an organisation whose activities include the development, sale and hosting of a computer programme (hereinafter "PortaSigma.com"), allowing for remote access thereto from any computer with internet access.

II. Whereas the User is interested in using PortaSigma.com, for which Isigma must provide access services thereto under the conditions of quality and continuity and with the features indicated in this licence.

III. Whereas, these being considered shared interests, both parties agree to sign this licences, subject to the following.

 

CLAUSES

 

One. Purpose

The purpose of this text is to establish the General Conditions of Use or licence of PortaSigma.com.

 

Two. Remote access to PortaSigma.com

2.1. Passwords shall be assigned to the User in order to provide him/her with access to PortaSigma.com.

2.2. The User agrees to use the passwords carefully and to keep them secret. The User agrees to inform Isigma of the loss or theft of the passwords as soon as possible so that Isigma may disable them. On all accounts, the User shall be responsible for all action corresponding to the use of the services by any third party by means of the User's passwords until the User asks Isigma for them to be disabled, where appropriate. As an exception to the above, the User shall not be responsible for any action corresponding to the use of the services by a third party by means of the User's passwords when said use is due to an administrative or management error by Isigma or to any other reason exclusively attributable to Isigma.

 

Three. PortaSigma.com Conditions of Use

3.1 Isigma holds all of the copyrights and/or rights of use regarding PortaSigma.com

3.2 The above clause is considered regardless of the fact that PortaSigma.com includes open-source code libraries, each governed by their own licensing terms. The source code and licences for these libraries can be obtained from the websites of their respective owners:

bcmail-jdk16-138.jar, bcprov-jdk16-138.jar, bctsp-jdk16-138.jar:

 

* Bouncy Castle APIs criptográficas para Java (http://www.bouncycastle.org)

* Copyright (c) 2000 - 2008 The Legion Of The Bouncy Castle

* License: http://www.bouncycastle.org/licence.html iText-2.1.2u.jar

* iText biblioteca de manipulación de PDF (http://www.lowagie.com/iText/)

* by Bruno Lowagie and Paulo Soares

* License: Mozilla Public License 1.1 http://www.lowagie.com/iText/MPL-1.1.txt aspectjrt.jar

* AspectJ runtime library (http://eclipse.org/aspectj) * Copyright (c) The Eclipse Foundation

* License: Eclipse Public License - v 1.0 http://www.eclipse.org/legal/epl-v10.html

 

3.3 By accepting these General Conditions of Use, Isigma grants one licence for non-exclusive and non-transferable temporary use of PortaSigma.com, which the User may access remotely from any computer with internet access (ASP mode).

3.4 The User is aware of and agrees that acceptance of these conditions does not involve the acquisition of copyrights of any type on the information, contents, design, structure, compilation, source code and, in general, all that directly or indirectly related to PortaSigma.com provided by Isigma.

 

Four. Price.

The price of a licence to use PortaSigma.com shall be as indicated at the time these conditions are accepted on the website.

 

Five. Time scope and termination in advance.

Acceptance of these General Conditions of Use and regular payment for access, where required, grants the User the right to use PortaSigma.com indefinitely from any terminal with internet access.

 

Six. Obligations of the User.

6.1 he User may not:

(i) Modify, disassemble, decompile or otherwise manipulate to obtain the source code of PortaSigma.com;

(ii) Disclose all or part of PortaSigma.com, the User acknowledging the fact that PortaSigma.com contains and constitutes confidential information owned by Isigma;

(iii) Copy or reproduce PortaSigma.com, salvo except in cases expressly foreseen by law; or

(iv) Transfer, hire, lease or otherwise distribute any or all of PortaSigma.com to third parties either permanently or temporarily.

6.2 The User is expressly compelled to:

(i) Use PortaSigma.com according to the conditions established in this user licence.

(ii) Take reasonable measures to protect PortaSigma.com against unauthorised use under the terms of this licence.

(iii) Use PortaSigma.com according to Isigma instructions, regardless of the format in which these are accessible.

 

Seven. Guarantees and compensation.

7.1 Isigma does not control the conditions under which the User makes use of PortaSigma.com and, therefore, cannot guarantee the performance or results that may be obtained through its use. However, Isigma does agree to and guarantees that:

(i) PortaSigma.com contains no programming order, code or instruction designed to hinder, delete, modify, damage or eliminate it. This includes, without limitation, the components commonly referred to as "back doors", "time bombs", "Trojan horses", "worms", "drop deal devices" or viruses.

(ii) PortaSigma.com operates according to the specifications described by Isigma. The above guarantees are the only ones given by Isigma regarding the performance of PortaSigma.com or the results that may be obtained from its use.

The User acknowledges that he/she has received all information from Isigma to provide him/her with sufficient knowledge on PortaSigma.com subject to this licence and to assess its meeting of his/her requirements.

7.2 Through this licence, Isigma shall not be compelled to compensate the User for any damages, loss, costs or expenses incurred by the User in relation to any claim due to breach based on or as a result of:

(i) Any combination, operation or use of PortaSigma.com with any other application unless expressly authorised or ordered by Isigma;

(ii) Any alteration or modification not authorised by PortaSigma.com.

(iii) Failure by the User to use the corrections or improvements provided by Isigma;

(iv) Any manipulation of PortaSigma.com by persons not authorised by Isigma.

7.3 he User is compelled to compensate Isigma and release it and its shareholders, board members, management, employees, agents, subcontractors, successors and/or assignees from any liability regarding all and any of the losses suffered or incurred by any of them as a result of:

(i) The falseness of any declaration made by the User in this licence;

(ii) Breach by the User of any of his/her obligations arising from this licence;

(iii) Any act of negligence, fraud or ill will either him/herself or through his/her agents or employees relating to the meeting of his/her obligations and/or exercising of his/her rights under this licence;

(iv) Compensation for direct and indirect damages and loss, including loss of profits and consequential damages.

7.4 The rights and guarantees contained in this clause are the only ones conferred to the other party, except those expressly included in the clauses of these General Conditions of Use. Expressly excluded is any liability arising from the performance of PortaSigma.com and/or the results obtained through its use.

7.5 The liability of Isigma regarding the fulfilment or breach of its obligations and any other matter relating to these General Conditions of Use, including all claims, may not exceed the corresponding fees and expenses paid by the User according to this licence.

 

Eight. Updates of PortaSigma.com.

8.1 Payment of the price grants the User the right to possess the improvements and updates to PortaSigma.com included by Isigma, except where they are expressly indicated as being outside the contractual scope, in which case they may be contracted through payment of the corresponding additional amount.

8.2 Service limitations:

8.2.1. Isigma shall not be compelled to correct any deficiency of PortaSigma.com caused by:

(i) Inappropriate treatment or use or operating of PortaSigma.com, if this treatment, use or operating has not been authorised or ordered by Isigma, in relation to the specifications of the environment; use of accessories that do not meet Isigma specifications;

(ii) Any attempt by persons other than Isigma or by agents not authorised by Isigma to repair, maintain or modify PortaSigma.com; or

(iii) Any accident, negligence, misuse, vandalism, lightning strike, error or fluctuation in electricity, air conditioning or humidity control, error of the telephone equipment or communication lines, error of the connection equipment or other cause of force majeure.

8.3 Isigma cannot be considered responsible for any loss of files or data programmes.

 

Nine. Processing of personal details.

9.1 Under no circumstances may Isigma apply or use the personal details located in files held by the User and filed by him/her in PortaSigma.com for purposes other than those established in these General Conditions of Use or those resulting from the service provision, nor my it transfer them to third parties, not even for safekeeping.

9.2 Isigma shall take all necessary technical and organisational measures to guarantee protection of the personal details and files owned by the User against destruction, loss, undue alteration, transferral and unauthorised access.

9.3 For the purposes of data protection regulations, Isigma shall be considered responsible for the processing of the data held by the User and filed in PortaSigma.com and, according to these regulations, it is expressly established that Isigma shall only process the data in line with the User's instructions, as expressed in these General Conditions of Use, that it shall not apply or use them for purposes other than those indicated herein and shall not transfer them, not even for safekeeping, to other persons.

9.4 Isigma agrees to adopt and implement the technical and organisational security measures referred to in Article 9 of the Spanish Data Protection Act 15/1999 of 13 December and, more specifically, those given in detail in Spanish Royal Decree 1720/2007 of 21 December approving implementation of the Spanish Data Protection Act 15/1999 of 13 December.

9.5 Once the agreed services have been provided and when these are no longer necessary to continue with the commission made, the personal details shall be destroyed or returned by Isigma to the User along with any medium or document in which any processed personal details are included.