1. General terms and conditions
The “Wasa Wake App” (“Wasa Wake App”) is a software provided by Barilla G. e R. Fratelli Società per Azioni, a company incorporated under the laws of Italy, with registered office in Parma (Italy), via Mantova 163. Wasa Wake App is available for use on iPhone 3GS (or newer versions) and Android 2.2 (or newer versions).
Wasa Wake App includes a Wasa Alarm Clock by which you can compose your own alarm signal. It also features the Daily Bread Picker that every day will provide you a breakfast suggestion composed by Wasa breads together with a topping. You will also be able to share your alarm signals with your friends on Facebook.
Wasa Wake App will contain advertisements and information regarding Wasa products.
Barilla reserves the right to, at any time and without prior notice, change the terms and conditions of use for this application.
2. Personal information
4. Proprietary rights
Any copyright or other intellectual property rights which may be a result of the use of Wasa Wake App will remain the property of Barilla.
5. User conduct
Wasa Wake App may only be accessed by you for personal and non-commercial use. To avoid any doubt you agree that you may not (without limitation);
reverse-engineer, decompile, disassemble, modify or create derivative works based on Wasa Wake App or any part thereof;
circumvent any technology used by Barilla, its licensors, or any third party to protect content accessible through Wasa Wake App;
use unacceptable behavior on Facebook or other social media when you connect to such media through Wasa Wake App.
6. Modification of service
Barilla will make reasonable efforts to keep the Wasa Wake App operational. Barilla reserves the right to, at any time, modify or discontinue functions and features of Wasa Wake App with or without prior notice.
7. Limitation of Liability
You expressly acknowledge and agree that the use of Wasa Wake App is at your own risk and that the installation of Wasa Wake App may affect the usability of third party software. Wasa Wake App is provided “as is” and “as available” without warranties of any kind. To the fullest extent possible by applicable law Barilla hereby disclaims all warranties with respect to Wasa Wake App either express or implied as to the quality, content and availability or fitness for a particular purpose of Wasa Wake App.
Barilla do not warrant that the functions contained in Wasa Wake App or the operation of Wasa Wake App will be uninterrupted or free of errors, or that defects in Wasa Wake App will be corrected.
No oral or written information or advice given to you by Barilla or any of its subsidiaries shall create a warranty.
In no event shall Barilla be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, device failure or pecuniary loss) arising out of the use of or inability to use Wasa Wake App, even if you have advised Barilla about the possibility of such loss, and including any damages resulting there from.
9. Term and termination
Upon termination all license rights granted to you will immediately be revoked and you must cease all use of Wasa Wake App.
This Agreement shall constitute the entire agreement between you and Barilla relating to the subject matter hereof and supersedes all prior agreements or undertakings of any nature whatsoever on the subject matter hereof.
This Agreement may not be assigned or delegated without prior written consent of Barilla.
If any provision of this Agreement is invalid and unenforceable in any jurisdiction, then, to the fullest extent permitted by law the other provisions hereof shall remain in full force and effect in such jurisdiction
This Agreement and the rights and obligations of the Parties shall be governed by and construed and interpreted in accordance with the substantive laws of Italy.
Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by the Court of Parma.