II Intellectual and industrial property rights of ENSANA content and of the contributions made by developers or users to ENSANA.
Access to a respository of software content classified by category. This includes the download of software from ENSANA’s servers with the highest assurance of availability and/or speed that this may involve or a direct link to Store where the software is hosted. In no case does this imply the sale of a license nor possession of intellectual property rights for the program, the use of which will be subject to the license, conditions, and restrictions imposed by the developer or intellectual property rights holder. Search service for software content on the ENSANA library and directory. Direct email update service for new programs and updates. Periodic newsletter service for registered users covering new developments and information related to the sector or to ENSANA.
1.2 Liability for the processing and use of content
ENSANA does not guarantee the quality, accuracy, reliability, correctness, or morality of the data, programs, information, or opinions included on the site and in particular those expressed or entered in user forums or opinions. However, users may report presumed abuses or inappropriate uses of the site to allow ENSANA to review the corresponding content. In relation to the content and programs available for free download, ENSANA limits itself to offering an intermediary service, as established in Article 17 of Law 34/2002 of 11 July on Information Society Services and E-Commerce (‘LSSI’), by providing links and search content, while not assuming liability for said content beyond the cases expressly provided for in the aforementioned law; that is, ENSANA shall only accept liability when it (i) has actual knowledge that the activity or information being reported or referred is illegal or harms the assets or rights of a third party covered by compensation, and (ii) has not acted with diligence to remove or disable the corresponding link. The service provider shall be understood to have actual knowledge when a competent authority has declared the data illegal or ordered its withdrawal, or access to said data has become impossible, or the existence of the damage has been declared, and the service provider is aware of the corresponding resolution.
An identical system to the one established in the previous paragraph applies to other links to third-party sites that may be available on ENSANA. The inclusion of such links does not imply any relationship, recommendation, or supervision by ENSANA of the destination page, and ENSANA therefore accepts no liability for its content, except in such cases as expressly established in the LSSI.
The apps published on ENSANA are products created by their respective developers. This website is not directly affiliated with them. All of the brands, trademarks, product and company names or logos mentioned here are property of their respective owners. Our download site and app distribute original, unaltered software, which is obtained directly from the developers’ websites and is not modified in any way.
The user assumes as his or her exclusive liability any consequences, damages, or actions that may arise from accessing, playing, or disseminating said content. It is the responsibility of the user to verify, prior to downloading, the compatibility of the program with his or her computer and other applications, as well as its features and the advantages of downloading and installing the program on his or her system. Likewise, it is the responsibility of the user to ensure that the download and use of ENSANA content is legal and appropriate in the user’s location and personal circumstances.
ENSANA shall not be held liable for the infringements of any developer, programmer, or user that affect the rights of another ENSANA user, or of a third party, including rights related to copyright, trademarks, patents, confidential information, or any other intellectual or industrial property rights.
This limited guarantee and limitation of liability mentioned in the preceding paragraphs shall neither affect nor prejudice the obligatory rights extended by place of residence and applicable by direct application of Spanish mandatory law or by the forwarding of Spanish law to the laws of another jurisdiction for specific cases.
1.3 Unauthorized use of the ENSANA website or its content
The user may not employ the facilities and capacities of the ENSANA site to carry out or propose activities prohibited by law, or to attempt to attract site users to competitor services, or to advertise the sale of products or services for commercial purposes. The user shall refrain from interfering with ENSANA or other users’ use of the ENSANA site, and in particular from impersonating another user or person while using the portal. Likewise, the user agrees not to add information to forums that is not relevant to that particular forum.
Access via robots and/or scripts to access, copy, or control any part of ENSANA are prohibited without the express prior authorization of ENSANA.
It is strictly prohibited to add serial numbers, cracked software, or similar information, as well as links to pages that include them, in ENSANA’s forums or comments. The IP addresses of offenders shall be saved, and appropriate legal measures taken against them. Likewise, the user shall be responsible for ensuring compliance with these clauses by any person he or she authorizes to use the service.
1.4 Liability of ENSANA
EXCEPT IN CASES OF INTENTIONAL ACTION, AND THOSE IN WHICH DUE TO THE PARTICULAR CIRCUMSTANCES OF THE USER OR OBJECT AN IMPERATIVE REGIME OF LIABILITY IS DEEMED APPLICABLE, ENSANA. SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE AFFECTING THE USER DUE TO THE USE OF ENSANA OR OF ANY OF THE SERVICES OR PRODUCTS OFFERED ON THE WEBSITE.
IN PARTICULAR, AND WITHOUT LIMITING THE PROVISIONS OF THE PREVIOUS PARAGRAPH,ENSANA ASSUMES NO RESPONSIBILITY FOR THE CONTENT OF THE PROGRAMS AVAILABLE FOR DOWNLOAD THROUGH ENSANA, WHICH ARE THE EXCLUSIVE RESPONSIBILITY OF THEIR DEVELOPERS, AND SUBJECT TO THE CORRESPONDING LICENSE CONDITIONS. THE USER ASSUMES ALL RISKS ASSOCIATED WITH THE DOWNLOAD AND USE OF THE PROGRAMS, EXPRESSLY EXONERATING ENSANA TECHNOLOGIES, S.L. OF ALL LIABILITY, AND ACKNOWLEDGING THAT ENSANA, EXCEPT IN CASES IN WHICH IT IS EXPRESSLY ESTABLISHED OTHERWISE, IS LIMITED TO SOLELY PROVIDING ACCESS TO THE PROGRAMS OF THE CORRESPONDING CREATOR OR DEVELOPER.
1.5 Service suspensions
ENSANA may unilaterally cease to provide to any or all users the services and/or products offered via the ENSANA website.
Additionally, ENSANA may at any time, and incurring no liability, vary the content of ENSANA, interrupt the provision of all or some services, and/or deactivate or delete all or some user accounts without further limitations beyond those established by applicable laws on the requirement to maintain logs of certain operations during the corresponding legal time periods.
1.6 Applicable law and jurisdiction
II INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS TO ENSANA CONTENT AND CONTRIBUTIONS MADE BY DEVELOPERS AND ENSANA USERS
2.1 Rights to ENSANA content
The user acknowledges that the elements and utilities integrated into the ENSANA website include content belonging to ENSANA, content from third-party developers, and content created by users themselves. Content belonging to ENSANA (including, with no limitation, the trademarks, logos, ENSANA site HTML code, design, and program descriptions and remaining content) and content from third-party developers are protected by intellectual and/or industrial property legislation.
The user therefore commits to respect the terms and conditions established in the present general conditions of use and the corresponding licenses for the use of the content from third- party developers available on ENSANA. The user acknowledges that the reproduction, modification, transformation, public communication or distribution, including without limitation the commercialization, decompilation, disassembling, utilization of reverse engineering techniques or any other method to obtain the source code of the website and/or applications available on it, and transformation or publication of any unauthorized test result for any of the elements or utilities integrated into the ENSANA website constitutes an infraction of intellectual and/or industrial property rights, and the user is therefore obligated to refrain from engaging in any of the aforementioned actions.
The user agrees to neither remove nor alter any distinctive sign used as a trademark or commercial name (graphics, logos, etc.), identifying feature of an element protected by copyright, or other notices, captions, symbols, or labels of ENSANA Technologies S.L. or of third parties that appear on the ENSANA website.
2.2 Use of the content and applications available on ENSANA
Unless prior agreement between the rights holder and the user stipulates otherwise, the user agrees to utilize the information and applications available on ENSANA exclusively for his or her own needs and to neither directly nor indirectly engage in commercial exploitation of the products and/or services to which he or she has access, or of the results obtained due to utilization of the ENSANA website.
2.3 Prohibited conduct
The user shall abstain from any conduct in the use of the ENSANA website that jeopardizes the intellectual and industrial property rights of ENSANA Technologies S.L. or of third parties; or that infringes or transgresses the honor, personal or family intimacy, or the image of third parties; or that is illicit or damaging to morality.
In particular, and without implying any limitation, the user shall abstain from engaging, via the use of the ENSANA website, in any destruction, alteration, disablement, or damage to the electronic data, programs, or documents belonging to ENSANA Technologies S.L., to its providers, or to third parties, nor shall the user introduce or spread on the network any programs, viruses, applets, Active X controls, or any physical or electronic instrument or device that causes or is susceptible to causing any kind of alteration to the network, the system, or third-party computers. Likewise, it is expressly prohibited to engage in any type of activity or practice that violates the principles of good conduct generally accepted amongst Internet users.
2.4 Requirement to report noncompliance
Any presumed infraction of intellectual or industrial property rights carried out on ENSANA and identified by a user should be reported to ENSANA by sending an email that includes a description of the presumed infraction to the following address: admin@ENSANA.com.
You also agree that the information collected, processed and stored by ENSANA in relation to you may be used by ENSANA as a consideration of the provision of Services to you. In consideration for ENSANA granting you access and use of the Services, you agree that ENSANA may collect and process personal data referring to you related with your use of the Services. For more information about the data collected and processed by the Services, please consult our Privacy Notice.