GENERAL CONDITIONS OF CONTRACT AND LICENCE FOR USE OF THE DUCATI APP

PLEASE READ THIS DOCUMENT (GENERAL CONDITIONS OF CONTRACT AND LICENSE FOR USE) CAREFULLY BEFORE USING THE DUCATI APP. 
DUCATI LICENSES THE DUCATI APP ONLY ON THE CONDITION THAT YOU (THE USER) ACCEPT AND COMPLY WITH ALL THE TERMS OF THESE GENERAL CONDITIONS OF CONTRACT AND LICENSE FOR USE. 
BY SELECTING "ACCEPT", BY COMPLETING THE UPLOAD OF THE APP OR THE REGISTRATION IN THE RESERVED AREA OF THE DUCATI WEBSITE, YOU (THE USER) EXPRESSLY ACCEPT THE TERMS AND CONDITIONS OF THESE GENERAL CONDITIONS OF CONTRACT AND LICENSE. 
IF YOU DO NOT WISH TO ACCEPT THESE GENERAL CONDITIONS OF CONTRACT AND LICENCE, YOU (THE USER) MUST NOT USE THIS APP ANY FURTHER AND MUST UNINSTALL IT IMMEDIATELY. 

WARNING. We advise you to read these GENERAL CONDITIONS OF CONTRACT AND LICENSE FOR USE fully and carefully before downloading and installing the App and in any case to do so before purchasing any Ducati product to which the App is linked. 
The text of these GENERAL CONDITIONS OF CONTRACT AND LICENSE FOR USE is always available on the Ducati website (www.ducati.com) ("Website"), and is freely accessible even before downloading the App. The text can be freely saved (or printed) by the User through the following link

To which Apps these General Terms and Conditions apply. These general CONDITIONS OF CONTRACT AND LICENSE FOR USE ("GCC") apply to the FUNCTIONAL APPS and the OPTIONAL APPS (hereinafter jointly "Apps") provided by Ducati: 
a) FUNCTIONAL APPS mean the computer programs (software/applications) incorporated or interconnected with an asset with digital elements produced by Ducati, which are supplied with said asset by virtue of the contract of sale of the asset itself; 
b) OPTIONAL APPS mean the computer programmes (software/applications) supplied by Ducati different, for their characteristics or use, from the FUNCTIONAL APPS.  

The App for which you are activating this license is a FUNCTIONAL APP if it is actually incorporated or interconnected with an asset with digital elements produced by Ducati. 
An "asset with digital elements produced by Ducati" means a tangible movable asset that incorporates or is interconnected with a digital content or a digital service in such a way that the absence of said digital content or digital service would prevent the performance of the asset functions. 

The list of models of motorbikes and other assets with digital elements produced by Ducati for which FUNCTIONAL APPS are provided is available on the Ducati Website. 

In order to maintain the legal and conventional warranty of compliance (if active) of the motorbike and other goods with digital content produced by Ducati, you are obliged to install the necessary FUNCTIONAL APPS, to update them and not to remove them. 

Features and functionality of the Apps. The updated features of each App can be found on the Ducati Website. 

WARNING. In order to use all the functions of the App, the User's smartphone must have a Bluetooth and WI-FI connection, be able to connect to an Internet network and be equipped with a GPS sensor. 
Some features of the App may not work properly in certain circumstances due to the unavailability of a data network connection, the absence of GPS signal or other technical features not available at the time of use of the App. 

In order to fully benefit from the functionalities of the App it may be necessary for the User to register in the reserved area of the Ducati Website. 
Some functionalities of the Apps may be activated and made available to the User only upon payment.  
In order to know the conditions for fully using the functions of the App, visit the pages dedicated to the App you are interested in. 

WARNING. Before using the motorcycle and the App, the User must carefully:
- check that the motorcycle is in perfect working and maintenance condition before using it; 
- check the condition of the motorcycle tyres periodically; 
- wear and fasten a helmet, gloves and appropriate clothing with suitable safety protections when riding; 
- strictly observe speed limits and road traffic regulations; 
- take care when riding, adapt the riding style to the traffic and weather conditions in all circumstances; 
- not get distracted while riding, also making sure that the smartphone on which the App is installed is properly stored or firmly anchored to the motorcycle. 

Who is the provider of the App. The provider of the Ducati Apps (the list of which is periodically updated on the Website) and related documentation is Ducati Motor Holding S.p.A. - a Sole Shareholder Company - Company subject to the management and coordination of AUDI AG, with registered office at Via Cavalieri Ducati 3, Bologna, Italy, tax no. and Bologna Business Register no., VAT no. 05113870967 (hereinafter “Ducati”). 

How to get the Apps (their updates and new versions). The Apps are made available to the User through several online stores such as the App Store (owned by Apple Inc.) and Google Play (owned by Google Inc.). Updates on the availability of the Apps on the online stores can be found on the Ducati website. The User expressly acknowledges that neither Google Inc. nor Apple Inc., nor the other owners of the online stores through which the Apps are made available, assume any obligation to the User with respect to the App and the provisions of these GCC. 
The download and installation of the App are the responsibility of the User and must be carried out in compliance with the following instructions: select the icon of the App in the online stores, click download and at the end of the download click install, then follow the instructions of the App and of your smartphone. 

Further instructions may be made available on the Ducati Website and on the online stores through which the Apps are made available. 
AEven if the App is made available free of charge, some of its functions may be activated only upon payment. In this case, the activation (subject to payment of the fee) of the paid functions can be carried out through the Dealer network and other channels organised by Ducati; to find out about the channels organised by Ducati, visit the pages dedicated to the App you are interested in. 

WARNING. The User must use the App as a mere driving aid, always maintaining full control of the motorcycle, riding with caution and adapting his/her riding to different environmental circumstances and relying exclusively on his/her own perceptions. 
All operations involving taking off both hands from the handlebars must be carried out by the User in total safety, with the motorcycle at a standstill. Operations performed with the motorcycle in motion may be prohibited by the laws of the place where the User is using the motorcycle and are in any case not recommended by Ducati as they cause distractions

Using the App. By selecting "Accept", by running the App or completing the registration in the area of the Ducati website, you (the user) expressly accept the terms and conditions of these GCC. 
In order to use certain functions of the App, registration in the reserved area of the Website may be required. 
Certain functions of the App may be subject to payment, in which case such functions are only available after payment has been made. 

WARNING: The User is free to decide when to download and complete the installation of the App. You (the User) should bear in mind that if you complete the installation of the App immediately after downloading it online, or in any case before 14 days have elapsed since the start of its download, you expressly agree to waive your possible right of termination(article 59, paragraph 1, letter o of the Consumers' Code). If you wish to retain the possibility of exercising the right of termination (to the extent permitted), you must therefore wait until this period has expired and only then install the App. 
With reference to FUNCTIONAL APPS, the User should also consider that the installation of the App is necessary for the use of the functions of the asset with digital elements produced by Ducati that depend on it and that only with its complete and exact installation, and subsequent updating, the User maintains the warranty of compliance of the purchased asset. 

App updates. Ducati will keep the User informed of the available updates necessary to maintain the compliance of the FUNCTIONAL APPS, as well as the OPTIONAL APPS to be paid for or with functions that can be activated upon payment, by means of publication on the Website and, for the updates that are necessary to guarantee the safety of Ducati products, by means of communication to the User. 
For the APPS FUNCTIONAL to the use of Ducati products, the updates will be made available during the period of two years from the date of purchase of the asset with digital elements produced by Ducati for which the App is necessary, or for the longer term of the conventional warranty (if active on the asset with digital elements produced by Ducati purchased by the User). 
For the OPTIONAL APP supplied against payment and in relation to the functions activated against payment, updates will be made available during the period of two years starting respectively from the date of download of the App and from the activation of the paid functions. 

WARNING: In order to keep the warranty of compliance active, User shall install each of the released updates as soon as possible and in any case within a reasonable period of time, also taking into account the importance of the update.
Should the User fail to install the updates within a reasonable period of time, Ducati shall not be liable for any conformity or security defect deriving from the failed installation of the update. 

The User is invited to periodically visit the section of the Website dedicated to updates and to download and install the MyDucati App in order to keep informed on available updates.

Legal warranty of compliance. In compliance with the regulations for the protection of consumers ("Legal warranty of compliance and commercial guarantees for consumer goods", part IV, title III of the Consumers' Code), Ducati guarantees the User that the FUNCTIONAL APPS and the functions provided on payment of OPTIONAL APPS satisfy the legal requirements provided by the Italian Consumers' Code. 
For the FUNCTIONAL APPS for the use of an asset with digital elements produced by Ducati, the legal warranty of compliance lasts two years from the delivery of said asset. 
For the paid functions of OPTIONAL APP, the legal warranty of compliance lasts two years from the date the App is downloaded by the User, i.e. the paid function is activated. 
In case of legal compliance defect, the consumer is guaranteed the remedies provided by the Italian Consumers' Code. 
In addition to the legal warranty of compliance, the User can benefit from the conventional warranty offered by Ducati on condition that said conventional warranty covers the specific App/function for which the compliance defect occurs, the conventional warranty has been activated and within the limits of what is provided for by the conventional warranty. 
The legal compliance warranty and the conventional one (if applicable) shall not apply in the event that the App (a) is used in a manner not expressly authorised by these GCC, or (b) has been modified by the User, or (c) in the event that the defect or fault is outside the scope of the warranty of compliance. 

WARNING: You (the User) shall cooperate with Ducati as far as reasonably possible and necessary in order to ascertain whether the cause of the legal compliance defect of the App lies in his/her digital environment. If the User does not cooperate with Ducati, the burden of proving the existence of a legal compliance defect remains on the User. 

New versions of the Apps. For technical reasons, development of new functions, technological evolution or other valid reasons, new versions of the App may be made available to the User, i.e. versions that contain changes beyond what is strictly necessary to maintain their legal compliance. 
In the event that the evolutionary change negatively affects the access and/or use of the APP with non-negligible consequences, the User shall be entitled to termination, by written communication by registered letter with return receipt or PEC certified e-mail to Ducati, sent within thirty days from the date on which the information on the evolutionary change of the App has been made available to the User or, if later, from the date on which the App has been modified. The User is however not entitled to termination if s/he is allowed to maintain the use of the APP without the evolutionary changes, without any additional costs. 

Consideration and costs. The App is granted for use under the economic conditions indicated on the Website. 
Some Apps can be granted for use in a free basic version and in a paid version, in which case the paid features of the App can be activated only within the limits of the provisions of these GCC, of the specifically applicable contractual conditions (if any) and upon payment by the User of the applicable fees. 
The App can be used even without an Internet connection, except for the functions that depend on this connection. 

WARNING: The User is exclusively responsible for the telephone connection and data traffic costs, according to the fees applied by the operator chosen by the User. 
The App involves the use of data traffic of the User's smartphone (which may entail costs for the User according to the plan for data traffic of the selected operator), space in the memories (RAM and mass storage) of the User's smartphone and its battery power. You may verify such use (including data traffic) through the features of your Android or Apple smartphone. 
The use of data traffic, space on the memories (RAM and mass storage) of the smartphone and energy of its battery will vary depending on the more or less intensive use that is made of the App by individual users and on what features are activated from time to time. Should the User, through the App, decide to save and/or share with other Users content and materials, the use of data traffic, memory and battery power of the smartphone will be proportional to the size (in bytes) of such content and materials. 

Copyright clause. The Apps (in their original versions, their updates and new versions) and the relevant documentation are the property of Ducati, or its licensors, and are protected by the laws in force on copyright. 
Except what is expressly authorised to the User according to the present GCC, any way of exercising the economic or moral rights on the Apps is reserved to Ducati and its licensors. Any action reserved to the owner of the rights by the national and international laws on intellectual and industrial property (including copyright) carried out without the authorisation of the owner is subject to civil and criminal prosecution. 

OSS and third party components. In the event the App (in its original version, its updates and new versions) includes one or more components or parts of software (OSS or others) provided by third parties (hereinafter: "Third-Party Components"), the provisions set out under "Third-Party Components" shall apply to the Third-Party Components. 
Details about Open Source Software (OSS) and Third-Party Components and their licensing terms and conditions are available in the "Information" section of the App (if any), or in the "Third-Party Components" section of the pages of the Website dedicated to each App. 

Licensed use rights. Ducati grants the User who has had legitimate access to the App (in the original version, its updates and new versions) the right to use it in a non-exclusive and non-transferable manner, within the terms and conditions specified below, according to its intended use. Each and every right of ownership and copyright on the App (in the original version, its updates and new versions) is and remains of Ducati and its licensors. 
The conditions of use of the App set forth in these GCC apply to all and any version, update, revision and improvement of the App possibly made available to the User. 
With this license of use, Ducati does not grant any right, faculty and/or interest regarding contents, data, works or other materials not supplied by Ducati that can be accessed with the App. 
The User is authorised to make normal use of the App by means of its uploading and execution on the number of device indicated in the pages of the Website dedicated to the App, in compliance with its functions and characteristics and the provisions of articles 64-ter, paragraphs 2 and 3 and 64-quater of Italian law no. 633 of 22 April 1941, as subsequently integrated and amended. 
Without prejudice to the existing rights on the original works with which the App may be possibly used, User is authorised to make use of the App and of the results deriving from its use for strictly private and personal purposes, without any profit or commercial purposes. 
The User who violates the provisions on the use of the App automatically and without further notice loses the granted permissions, which cease to have any validity or effectiveness, and the User is obliged to immediately cease any use of the App. 

Duration of the licence. The User is entitled to make use of the FUNCTIONAL APPS for as long as the User has the availability of the asset with digital elements produced by Ducati to which the App is incorporated or interconnected. 
The User is entitled to make use of the FUNCTIONAL APPS indefinitely. 
The warranties of compliance and the updates of the APPS are in any case guaranteed by Ducati within and not beyond the time limits specified above. 

Limits and prohibitions. User is prohibited from making use - or authorising or otherwise allowing third parties to make use - of the App other than or in addition to the use expressly authorised under "Licensed use rights" above, including but not limited to: 
a) reproducing, permanently or temporarily, in whole or in part, the App by any means or in any form; 
b) reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code (or other underlying data) of the App, modifying, translating or processing the App or creating derivatives of the App; 
c) distributing, renting, leasing or otherwise marketing the App or copies thereof; 
d) removing property identifying marks on the App, or technical protection or identification devices on or in connection with the App; 
e) using, entering or transferring the App into a computer network. 
User is also prohibited to copy - or authorise or otherwise allow third parties to copy - the documentation accompanying the App. 
It is prohibited to transfer or sublicense the licensed rights. 

Technological protection and control measures.Technological measures may be present in the App designed to prevent its use without licence, beyond what is provided by the licence or illegal use. 
Ducati reserves the right to adopt technological measures, automatic and control systems to verify the respect of the specified limitations of use. 
The User acknowledges that such technological measures, automatic and control systems may also entail the collection of certain personal data of the User (on the processing of personal data also for this purpose, please refer to page). 

Trademarks and other reserved elements. The trademarks "Ducati" and "Ducati Shield" are registered trademarks of Ducati. 
Ducati is not authorised to grant, nor under any circumstances does it grant, the use of these to third parties. 
Any action reserved to the owner of the rights by the national and international laws on intellectual and industrial property (including copyright) carried out without the authorisation of the owner will be subject to civil and criminal prosecution. 

Severability. In the event that any provision or clause of these GCC, or parts thereof, is held void or unenforceable, the remaining provisions, clauses or parts thereof shall remain in full force and effect and so shall these GCC as a whole. 

Support, reports, contact details and customer service. At any time the User can contact Ducati, provide suggestions or transmit reports using the following link or by contacting Ducati Motor Holding Spa, with registered office in via Cavalieri Ducati no. 3, Bologna (Italy). 

Consumer protection in distance contracts. Consumer protection in distance contracts is specifically regulated in Part III, Title III, Chapter I "Consumers' rights in contracts" of Italian Legislative Decree no. 206 of 6 September 2005, as subsequently supplemented and amended ("Consumers' Code, pursuant to article 7 of Italian Law no. 229 of 29 July 2003"). 
The European Commission provides an online dispute resolution platform, which you can access via this link: http://ec.europa.eu/consumers/odr/. 
Should you wish to bring a matter to our attention, please contact us using the following link

Last updated GCC October 2022

IF YOU DO NOT WISH TO ACCEPT THESE GENERAL CONDITIONS OF CONTRACT AND LICENCE, YOU (THE USER) MUST NOT USE THIS APP ANY FURTHER AND MUST UNINSTALL IT IMMEDIATELY. 

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