Terms & Conditions

By ticking the box and by subscribing the order you declare to have fully read, to understand and accept the following Terms and Conditions:

General Terms & Conditions of License and Supply of Services

1 INTRODUCTION.
The terms and conditions of this Agreement apply to the licensing of Software and the provision of Services by FinScience to Customer hereunder. From time to time, Software licenses and/or Services may be acquired under this Agreement by Customer’s submittal, and FinScience’s acceptance, of an Order Schedule incorporating this Agreement. Each mutually agreed upon Order Schedule shall become an integral part of this Agreement.

2 DEFINITIONS.
2.1 “Authorized Users” means Customer’s (i) employees, and (ii) authorized personnel who have agreed in writing to use restrictions and confidentiality obligations no less restrictive than those set forth in this Agreement. Customer shall at all times be responsible for its Authorized Users’ compliance with this Agreement.

2.2 “Customer” means the entity identified in the FinScience quotation or Order Schedule as the “Customer”.

2.3 “Documentation” means the user manuals, reports and other user documentation, if any, in any form and on any media, provided by FinScience for use with the Software and/or the Services.

2.4 “Order Schedule” or “Order” means a FinScience Order Schedule agreed to by Customer and FinScience, and which incorporates this Agreement, by reference or otherwise, and sets forth, among other things, the Software, and/or Services ordered.

2.5 “License” means a license which has a term beginning on the date specified in the Order Schedule and continuing perpetually, subject to termination as set forth in this Agreement.

2.6 “Services” means any activity or other services, if any, purchased under an Order Schedule and which will be made available by FinScience to the Customer as a service via the internet in accordance with this Agreement.

2.7 “Software” means the executable code version of the computer program(s) specified in the applicable Order Schedule, updates and subsequent releases thereto, including the platform and database managed by FinScience and used by FinScience to provide to Customer the Services via the internet.

3 GRANT OF LICENSE.
Where the Order Schedule includes also the license of the Software, upon FinScience’s acceptance of Customer’s Order Schedule, FinScience grants to Customer, and Customer accepts from FinScience, a non-exclusive, non-transferable license to use the Software specified in the Order Schedule (together with accompanying Documentation, if any), solely for Customer’s own internal data processing purposes and subject to the terms and conditions of this Agreement. This license shall be in accordance with the limitations and in the quantities specified in the Order Schedule. The license term(s) (duration) shall be as specified in the Order Schedule, subject to early termination as set forth in this Agreement.

4 SOFTWARE ACCESS AND USE.
4.1 Unless otherwise stated in the Order, the Software and Services will be limited and authorized only to one pc/laptop workstation and to one tablet/smartphone device of Customer.

4.2 Customer will be provided by user login details and password in order to access and use the Software and/or the Services (as the case may be) during the term of the Agreement. Customer must not use at any point in time more than the number of users and devices access as specified in Agreement or the Order Schedule.

4.3 The Customer shall use reasonable endeavors, including reasonable security measures, to ensure that no unauthorized person may gain access to the Software and/or the Services using the login and password provided by FinScience.

4.4 The Customer must ensure that all Authorized Users using the Software shall comply with all the terms and provisions of this Agreement and shall avoid any unauthorized or uncompliant use of the same.

4.5 The Customer must not use the Software in any way that causes, or may cause, damage to the software or the platform or may impair the availability or accessibility of the Software or platform.

4.6 The Customer must not use the Software:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

4.7 FinScience may suspend the use of Software and/or the provision of Services if it has evidence that Customer or other Authorized Users are using Software in a way not authorized or not compliant with the provision of the Agreement.

4.8 Customer acknowledges that all the Services and Documentation supplied by FinScience are under the copyrights of FinScience and, therefore, it shall not use, transmit, share or reveal the content of such Documentation to third parties without FinScience’s written consent. In any event, the Customer shall mention and quote FinScience as the owner of the Documentation and shall include such reference and FinScience’s logos or brands in any such communication or transmission.

5 RESTRICTIONS AND PROTECTIONS.
5.1 Customer acknowledges that the Software and its structure, organization, platform and source code constitute and contain valuable trade secrets of FinScience. Accordingly, Customer shall not: (i) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software, or allow any third party to do the foregoing; (ii) modify, adapt, alter, translate or create derivative works from the Software or Documentation; (iii) sublicense, rent, loan, lease, sell, or otherwise transfer all or part of the Software or Documentation to any third party except as expressly permitted under this Agreement; (iv) allow any non-authorized third party to access or use the Software or the Documentation; (v) disable, modify or circumvent the license management system provided with the Software; (vi) remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation; (vii) disclose results or data or output arising from the use of the Software without FinScience’s prior written consent; (viii) disclose, display, or permit access to or use of the Software or Documentation by persons other than Authorized Users using the Software and Documentation within the scope of the license acquired by Customer; or (ix) otherwise disclose, use or copy the Software or Documentation except as expressly permitted under this Agreement. Customer agrees to notify FinScience immediately of any unauthorized access to or use of the Software.

5.2 Customer may copy the data and information arising from Software as reasonably required in conjunction with permitted use under this Agreement and for backup purposes only. Any such copies made by Customer must reproduce and include, in exact form, all proprietary rights notices.

5.3 The Software and Documentation, and all worldwide intellectual property rights therein, are and remain the sole and exclusive property of FinScience and/or its suppliers. Nothing in this Agreement will be deemed to convey to Customer any title, ownership, or other intellectual property rights in or related to the Software or Documentation or data, and Customer agrees not to assert any such rights. All rights in and to the Software and Documentation and data not expressly granted to Customer in this Agreement are reserved by FinScience (and/or its suppliers, as applicable).

5.4 Upon fifteen (15) days written notice, FinScience or its authorized agent may audit Customer’s installation and use of the Software and Documentation. Customer shall cooperate with FinScience’s audit and provide reasonable assistance and access to information. In addition to any other remedies available to FinScience, Customer agrees to pay within thirty (30) days of written notification any fees and charges applicable to Customer’s use of the Software and Documentation in excess of Customer’s license rights. FinScience shall not be responsible for Customer’s costs incurred in cooperating with the audit. FinScience shall comply with Customer’s reasonable security procedures while on Customer’s facilities.

5.5 Except as required by applicable law, or as necessary for Customer to enforce or exercise its rights hereunder, Customer shall not disclose the terms of any Order Schedule or FinScience’s pricing in connection with this Agreement to any third-party.

5.6 Customer acknowledges that the obligations of Customer under this Section 5 are of a special and unique character which gives them peculiar value to FinScience for which FinScience cannot be reasonably or adequately compensated in damages in the event Customer breaches such obligations. Customer therefore agrees that injunctive relief is an appropriate remedy for such breach or threatened breach. Such relief shall be in addition to, and not in lieu of, any other rights or remedies in law or equity to which FinScience may be entitled.

6 MAINTENANCE.
6.1 FinScience shall use all reasonable endeavors to maintain the availability of the Software to the Customer so as to provide the Customer with the Services under the Agreement. However, FinScience does not guarantee 100% availability of the Software and of the relevant system at any time nor can FinScience guarantee that the Software shall be at any time free of defects or bugs or free from security vulnerability.

6.2 For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement:
(a) a Force Majeure Event;
(b) a fault or failure of the internet or any public telecommunications network;
(c) a fault or failure of the Customer’s computer systems or networks;
(d) any breach by the Customer of this Agreement; or
(e) scheduled maintenance carried out in accordance with this Agreement.

6.3 In any event, FinScience shall make available to the Customer an help-desk service in order to assist and support the Customer in ay malfunctions or interruption or any other disconnection in receiving the Services via the Software. FinScience will take in charge the notification within the following 18 working hours.

7 ORDER AND DELIVERY.
7.1 FinScience reserves the right, in its sole discretion, to accept or reject any Customer order.

7.2 FinScience reserves the right to deliver the Software and Documentation by making them available via electronic access, by providing login and password to the Customer. The delivery date shall be when the access to Software is made available to Customer electronically.

8 USE
8.1 Customer may use the Software only on maximum two separate devices, namely one pc/laptop workstation and one tablet/smartphone of the Customer.

9 FEES, TAXES AND PAYMENT.
9.1 Customer shall pay in full all fees payable under this Agreement, including all fees under any and all Order Schedules. All fees will be due and payable in the currency identified in the applicable Order Schedule. Fees are due and payable as set forth in the Order Schedule, and if no payment due date is set forth in the applicable Order Schedule, all fees are due immediately upon access to the Software and/or the Services. Any amount not paid when due will bear interest according to legislative decree 231/2002, and subsequent changes. In addition, Customer will reimburse FinScience for any reasonable legal fees and other costs and expenses incurred in collecting past due amounts. Customer’s payment obligations under this Agreement and any Order Schedules are non-cancelable and the sums paid nonrefundable, except to the extent expressly provided otherwise in this Agreement.

9.2 Fees are exclusive of all applicable sales, use, value added, and other taxes (and all applicable tariffs, customs duties and similar charges), and Customer will be responsible for payment of all such taxes (other than taxes based on the net income of FinScience), tariffs, duties and charges (and any related penalties and interest), payable in connection with this Agreement.

9.3 FinScience may suspend the provision of the Services if any amount due to be paid by the Customer under this Agreement is overdue, and provided that FinScience has given to the Customer at least 30 days written notice, following the amount becoming overdue, of its intention to suspend the Services on this basis.

10 WARRANTY; LIMITATIONS.
10.1 FinScience warrants that the Software when used as permitted under this Agreement and in accordance with the related instructions or manuals, if any (including use on a computer hardware and operating system platform supported by FinScience) will conform substantially to its associated documentation.

10.2 TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER FINSCIENCE NOR ANY SUPPLIER OF FINSCIENCE MAKE ANY REPRESENTATION OR WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, SERVICES AND DATA PROVIDED UNDER THIS AGREEMENT. FINSCIENCE FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. FINSCIENCE MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR/BUG FREE.

10.3 Customer’s exclusive remedy, and FinScience’s sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at FinScience’s option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another FinScience software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non-conforming Software and refund of the license fees actually paid to FinScience for the non-conforming Software. FinScience will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than FinScience, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication, or (c) any third party’ software.

11 LIMITATION OF LIABILITY.
11.1 Customer acknowledges that the Software along with the Documentation and any Services or data provided hereunder are only an aid in Customer’s development of Customer’s business and is not intended as a substitute for sound engineering judgment nor represent an invitation to invest, to trade or to enter into a contract or to assume any obligation whatsoever or to enter any other legal transaction or any other economic transaction. FINSCIENCE WILL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE USE OF THE DATA OUTPUT OR THE RESULTS OBTAINED THROUGH USE OF THE SOFTWARE, WHICH ARE PROVIDED “AS IS”, AND ALL REPRESENTATIONS, WARRANTIES, TERM AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), IN RELATION TO THE RIGHTFULNESS, COMPLETENESS AND ACCURACY OF DATA, INFORMATION AND RESULTS ARISING FROM THE USE OF THE SOFTWARE ARE HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. Customer shall, at its own expense, indemnify, defend and hold FinScience harmless from and against any claim(s) brought against FinScience by a third party arising out of, or related to, Customer’s unlawful use of the data output or results obtained from use of the Software.
11.2 FINSCIENCE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOST DATA, SAVINGS, PROFITS OR REVENUES) ARISING FROM OR RELATED TO THE USE OF THE SOFTWARE AND, INGENERAL, FROM THIS AGREEMENT. FINSCIENCE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO AND WILL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO FINSCIENCE UNDER THIS AGREEMENT FOR THE SPECIFIC ITEM THAT IS THE SUBJECT MATTER OF, OR IS DIRECTLY RELATED TO THE CAUSE OF ACTION. CUSTOMER ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FINSCIENCE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. TO THE EXTENT ANY APPLICABLE LAW LIMITS THE SCOPE OF THIS SECTION 11.2, THIS AGREEMENT SHALL BE INTERPRETED TO CONFORM TO SUCH LAW IN A MANNER THAT LIMITS FINSCIENCE’S LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW.

12 TERM AND TERMINATION.
12.1 This Agreement will remain in full force until terminated in accordance with this Agreement and/or the Order Schedule. Except where otherwise provided in this Agreement, this Agreement may be terminated as follows: (i) by either party upon thirty (30) days prior written notice upon the occurrence of a material breach by the other party of its obligations under this Agreement if such breach remains uncured at the end of the notice period, provided however that no cure period shall apply as to any material breach of Sections 3, 4, 5 and 14 of this Agreement by Customer and FinScience may terminate this Agreement effective immediately upon written notice; (ii) by FinScience if Customer makes a general assignment for the benefit of its creditors, is the subject of an involuntary bankruptcy petition, or is otherwise subject to insolvency or dissolution proceedings unless Customer is released from such proceedings within ninety (90) days; or (iii) by FinScience, if no Software License, Service or order is pending under this Agreement.

12.2 Upon termination of this Agreement, all licenses and service rights granted to Customer under this Agreement will automatically terminate, and Customer agrees to immediately cease using all Software and Documentation and promptly uninstall and erase all Software and Documentation (and related access codes) from all Customer computers and devices. Within fifteen (15) days following termination, Customer shall return or destroy (at FinScience’s sole option) all originals and copies of the Software (and related authorization codes) and Documentation, and upon FinScience’s request, certify in writing that it has returned or destroyed (as applicable) all such originals and copies. Termination of this Agreement shall not relieve Customer from any obligation accrued on or before the date of termination. Provisions that survive termination of this Agreement include those in Sections 5, 6, 9, 10, 11, 12, 13, 14, and others which by their nature are intended to survive.

13 INTELLECTUAL PROPERTY INDEMNITY.
13.1 FinScience shall, at its own expense and subject to the terms of this Agreement indemnify, defend and hold Customer harmless from and against any claim(s) brought against Customer by a third party alleging that the Software or any portion thereof as supplied under this Agreement and used within the scope of the licenses granted to Customer infringes any copyrights or patents, or violates any trade secrets; provided that Customer gives FinScience: (i) prompt written notice of such claim; (ii) assistance and information reasonably requested by FinScience; and (iii) the sole authority to defend and settle such claim.

13.2 Notwithstanding the provision of Section 13.1, FinScience shall have no liability for any infringement arising from: (i) the integration or combination of the Software together with other software, materials or products not integrated or combined by FinScience, if the infringement would have been avoided in the absence of such integration or combination; (ii) the use of other than-current unaltered release of the Software available from FinScience, if the infringement would have been avoided by the use of the then-current release; (iii) modifications to the Software that were not authorized by FinScience or were undertaken at the request of or direction of Customer; or (iv) Customer’s use of the Software in a manner that does not comply with this Agreement.

13.3 If the Software becomes, or in Finscience’s opinion is likely to become, the subject of an infringement claim, FinScience may, at its sole option and expense, either: (i) substitute non-infringing software of substantially similar functionality; (ii) modify the infringing Software so that it no longer infringes but remains substantially similar in functionally; (iii) obtain for Customer, at FinScience’s expense, the right to continue use of such Software; or (iv) if none of the foregoing is commercially feasible, FinScience will take back the Software involved, and grant Customer a refund or credit for the unused portion of the license fee and associated unused Services fees actually paid to FinScience for the Software involved. THIS SECTION 13 STATES FinScience’S ENTIRE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR IP INFRINGEMENT CLAIMS AND ACTIONS.

14. CONFIDENTIALITY AND PRIVACY
14.1 For purposes of this Agreement the party disclosing Confidential Information is referred to herein as the “Disclosing Party” and the party receiving Confidential Information is referred to as the “Receiving Party”. “Confidential Information” means the Software (both object and source code versions), the accompanying Documentation and all related technical and financial information (including the terms of this Agreement) and any information, technical data or know-how, including, without limitation, that which relates to computer software programs or Documentation, specifications, source code, object code, research, inventions, processes, designs, drawings, engineering, products, services, customers, company structure/ownership, markets or finances of the Disclosing Party which (i) has been marked as confidential; (ii) is identified as confidential at the time of disclosure either orally or in writing; or (iii) due to its character and nature, a reasonable person under like circumstances would understand to be confidential.

14.2 Confidential Information shall not include information which (a) Receiving Party can demonstrate was rightfully in its possession, without confidentiality obligations, before receipt; (b) is or subsequently becomes publicly available without Receiving Party’s breach of any obligation owed the Disclosing Party; (c) is disclosed to Receiving Party, without confidentiality obligations, by a third party who has the right to disclose such information; or (d) Receiving Party can demonstrate was independently developed without reliance on any Confidential Information of the Disclosing Party, provided that if only part of any Confidential Information falls within one or more of the exceptions set out in this Section 14.2, the remaining part of the Confidential Information shall continue to be subject to the restrictions set forth in this Agreement.

14.3 The parties hereby agree that: (a) Receiving Party may use Confidential Information solely for the purposes of this Agreement; (b) Receiving Party shall instruct and require all of its employees, agents, and contractors who have access to the Confidential Information of the Disclosing Party to maintain the confidentiality of the Confidential Information; (c) Receiving Party shall exercise at least the same degree of care, but not less than reasonable care, to safeguard the confidentiality of the Confidential Information as Receiving Party would exercise to safeguard the confidentiality of Receiving Party’s own confidential property; (d) Receiving Party shall not disclose the Confidential Information, or any part or parts thereof, except on a “need to know” basis to those of its employees, agents, and contractors who are bound to confidentiality obligations at least as protective of the Confidential Information as those set forth herein; and (e) Receiving Party may disclose the Disclosing Party’s Confidential Information to the extent required by a valid order by a court or other governmental body or by applicable law, provided, however, that Receiving Party will use all reasonable efforts to notify Disclosing Party of the obligation to make such disclosure in advance of the disclosure so that Disclosing Party will have a reasonable opportunity to object to such disclosure and further provided the Receiving Party shall otherwise continue to treat such Confidential Information in accordance with this Agreement. The Receiving Party’s obligations set forth herein shall also be applicable to Confidential Information disclosed by the Disclosing Party to the Receiving Party prior to the execution of this Agreement. The Receiving Party will return any tangible materials containing Confidential Information, and any copies or reproductions thereof, to the Disclosing Party within ten (10) days after the Disclosing Party’s written request. Receiving Party agrees to undertake whatever action is reasonably necessary to remedy any breach of Receiving Party confidentiality obligations set forth herein or any other unauthorized disclosure or use of the Confidential Information by Receiving Party, its employees, its agents, or contractors. The Receiving Party acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that the Disclosing Party shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction without the necessity of posting any bond.

14.4 The Parties, in processing personal data that come to their knowledge in the performance of the Agreement, undertake to comply – and have its directors, employees and consultant complying – with the provisions of Italian Law (D.lgs.) No. 196 of 2003 and subsequent amendments thereto, either during the period of validity or after the termination of the Agreement.

15 MISCELLANEOUS.
15.1 This Agreement, together with any schedules, exhibits and addenda attached hereto, and any and all mutually agreed upon Order Schedule(s) incorporating (by reference or otherwise) this Agreement, constitute the complete agreement between FinScience and Customer with respect to the subject matter hereof, and this agreement supersedes all prior or contemporaneous agreements or representations, written or oral, with respect to the subject matter. If Customer issues a purchase order or other instrument covering the Software, and/or Services provided under this Agreement, it is expressly agreed that the terms and conditions of this Agreement supersede any different, conflicting or additional terms and conditions in such purchase order or other customer-issued instrument. This Agreement may not be modified except in a writing signed by the authorized representatives of the Parties.

15.2 This Agreement shall be construed and disputes hereunder shall be settled under Italian law. FinScience and Customer agree to submit to the exclusive jurisdiction of, and venue in the courts of Milan, in any dispute arising out of or relating to this Agreement.

15.3 The Software may be accompanied by or contain certain third party software, including open source software (collectively, “Third Party Software”), subject to third party terms and conditions and/or notices. To the extent expressly permitted by the applicable third party terms and conditions, FinScience will pass through to Customer any warranties and indemnities provided by the third party. Except for any pass-through warranties and indemnities provided by the third party licensor, all THIRD PARTY SOFTWARE IS PROVIDED “AS-IS,” WITHOUT WARRANTIES OR LIABILITY OF ANY KIND BY FinScience. Customer agrees that Finscience’s third party suppliers may enforce the provisions of this Agreement against Customer to the extent of their interest in the Third Party Software.

15.4 This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and permitted assigns. However, Customer may not assign or transfer, by operation of law or otherwise, this Agreement (or any of the licenses or other rights or obligations hereunder), without FinScience’s prior written consent. Any attempted assignment or transfer in violation of the foregoing will be void. FinScience may subcontract a service, or any part of it, to subcontractors selected by FinScience, provided FinScience will remain responsible to Customer for such subcontractor’s performance in accordance with this Agreement.

15.5 If any provision of this Agreement is invalid, the parties agree that such invalidity will not affect the validity of the remaining portions of this Agreement. The parties further agree to substitute a valid provision for the invalid provision which most closely approximates the intent and economic effect of the invalid provision.

15.6 Ambiguities, inconsistencies, or conflicts in this Agreement, will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the Parties at the time of contracting. The section headings in this Agreement are for convenience only and will not be of any effect in constructing the meaning of the Sections.

15.7 Except for the making of payment under this Agreement, neither party will be held liable or responsible for delay or failure to perform any of such party’s obligations under this Agreement occasioned by any cause beyond its reasonable control, including but not limited to war; terrorist acts; civil disturbance; fire; flood; earthquake; acts or defaults of common carriers; governmental laws, acts, regulations, embargoes or orders; or any other cause, contingency or circumstance not subject to such party’s reasonable control. The affected party will resume full performance of interrupted obligations as soon as practicable upon cessation of intervening causes.

15.8 Notices permitted or required under this Agreement shall be in writing and delivered personally (including courier service), by certified or registered mail, return receipt requested, or by confirmed facsimile transmission. Notices shall be effective upon receipt. If notice is sent to FinScience, it shall be directed to: legal@finscience.com

15.9 Signed or accepted copies of Order Schedules and related forms provided via facsimile or otherwise will be deemed binding to the same extent as original documents. The English language version of this Agreement is legally binding in case of any inconsistencies between the English version and any translations thereof.

According to articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and specifically approved the following provisions hereof: 3 (GRANT OF LICENSE), 4 (SOFTWARE ACCESS AND USE), 5 (RESTRICTIONS AND PROTECTIONS), 6 (MAINTENANCE), 10 (WARRANTY; LIMITATIONS), 11 (LIMITATION OF LIABILITY), 12 (TERM AND TERMINATION), 13 (INTELLECTUAL PROPERTY INDEMNITY), 15 (MISCELLANEOUS).