This automatically translated document is proposed to you for information purposes only. The only legally relevant version of this document is the french version.
Read this contract Software License. By copying, installing or using software in whole or part, you agree to all the provisions of this contract in their entirety. You acknowledge that this Agreement is the same character as any written contract you could have negotiate and sign. This contract is enforceable against you, you and any company obtaining the software and on behalf of which it is used (for example your employer). If you do not agree with the terms of this contract, do not use the software. Please Connect to the site of the Distributor or if necessary on http://www.softetic.com in order to being refund with subject to the conditions and limitations on the return of such software as stated in the terms of sales.
If you entered into another written agreement directly with Softetic, it supplements or replaces all or part of this contract.
The Software may contain activation mechanisms that prevents unauthorized use. The activation mechanisms may prevent you from using the Software if You don't follow the activation procedure described in the Software.
"You" or "User" means the person or entity making use of the Company Software.
"Company" means Softetic SARL, a French corporation registered in the Trade and Companies of Paris under the registration number 531 499 036.
"Software" means all information provided with this Agreement, including, and without limitation, the files and data Information of the Company or third party files and related written documents, and any modified versions of information and copies thereof, and all upgrades, updates and additions to such information provided to You by the Company at any time unless they are provided to You under another contract.
"Device" means a computer device, mobile or not, that accepts software information into digital format and makes treatment in order to achieve specific results.
"Distributor" means any person or entity authorized by Company to distribute its Software under the terms of this Agreement.
The Company holds all rights of Intellectual property present and future, and those not expressly granted, to the related Software. The Company grants you a nonexclusive license to use it that does not mean a sale of the Software and associated documentation.
Selling this Software licensing implies no liability assignment of human reproduction, use, and more generally all intangible rights recognized or recognize those who participated in the implementation of software.
Structure, organization and code of the Software are trade secrets and confidential information of value the Company. The Software is protected by law, including French laws and other countries on copyright, and the provisions of international treaties.
Company grants you permission to copy, download, install, use or have another way of features or property Intellectual relating to the Software only in accordance with provisions of this contract. The use of certain elements belonging to third parties included in the Software may be subject to other provisions generally contained in a license agreement separate or in a "Read Me" included with these.
The Distributor has no right to intellectual property on Softwares of the Company.
Company hereby grants to the Distributor a non-exclusive license to distribute the Products in accordance with arrangements between the Company and the Distributor. Apart from the above point, the Distributor is not part of this Agreement, and can provide its own contract binding it to you to govern the rights of the user with respect to it.
You may use one (1) copy of the Software on a (1) unit. The Software is not intended to be used in the part of the management of nuclear facilities, air navigation, communication systems or air traffic control, or Another part where the failure of the Software could lead to death or significant physical injury and serious damage the environment.
If you use a temporary or evaluation version of Software, it will cease to function nominally after a period of time.
You may make one (1) copy of the Software to any time for the sole purpose of archiving and backup, provided you do not use it and install it on another computer. You are not authorized to transfer the rights to a backup copy unless you transfer all rights in the Software as provided in Section "Limitation - transfers".
You may not copy the Software except under provisions set forth in this contract. All copies the software must contain the same copyright and other proprietary notices that appear in the Software.
You may not modify, adapt, translate Software or use the Software to create any type of software derivative. You are not authorized to perform reverse engineering, decompile, disassemble the Software, or otherwise attempt to discover the source code, except in the extent expressly permitted by applicable law and only for interoperability of the Software .
Transfer
You may not rent, rent lease, lend the Software to the Software available for public download, license, or sublicenses to use the Software, or transfer your rights to the Software, or authorize the copying of all or part of Software on the device of another user or company except expressly permitted in these Terms . You can however, transfer all your rights to use the Software to other person or legal entity provided that:
Notwithstanding the foregoing, you are not authorized to transfer the pre-releases of the software (usually identified by a version number containing the word SNAPSHOT ), nor any copies not for sale, including those intended for training.
Before transfer, the Company may ask you, as well as party beneficiary, to confirm in writing that you meet the provisions of this contract and provide the Company with the information about you to register as End User Software. Allow sufficient time for transfer. For more information, please contact the Customer Service Company.
Company warrants that the Software will perform substantially accordance with the documentation for ninety (90) days from the date of original purchase, subject to use normal on a device compatible with the hardware recommended. Small variations in performance against the documentation can not give rise to the application of this warranty. This limited warranty does not apply to remedial programs, the drafts, test or evaluation, and more generally to copies of the Software that are not for sale.
Sole responsibility of the Company, and your exclusive remedy will be limited, at the discretion of the Company, to the replacement of the Software or refund of the price of the software product.
This limited warranty gives you specific legal rights. You may have other rights which vary from country to country according to the law.
Company grants You the only warranty described above, which constitutes and defines the exclusive remedies for breach of guarantee by the Company. You acknowledge and agree that the use Software is at your own risk. With the exception of the guarantee limited above, and limitations of the legislation applicable in your country, the Company provides the Software as is , which may contain defects . The Company does not warrant that the functions contained in the Software meet your requirements or that operation of Software will be uninterrupted, error free or that defects in the Software will be corrected. If the Software prove defective, You assume (and not the Company) the total cost of all servicing, repair or necessary changes.
The Company specifically excludes any other warranty, condition, representation or covenant, express or implied, contract, common law derived from custom or susages commercial or other on all issues, including especially the performance, security, non-infringement of third party rights, integration of the Software, its quiet enjoyment, quality satisfactory or fitness for a particular purpose.
France and Canada: the application of this warranty and its exclusions will not deprive you of your legal warranty rights for defects or hidden defects.
Under no circumstances, including negligence, the Company will NOT be liable to you for any damages consequential, special, incidental, indirect, incidental, resulting from or relating to this contract and to the Software, claims a Third, any lost profits, lost savings, damage resulting from business interruption, personal injury or Failure to comply with any requirement of attention, or that some costs or, even if the Company has been advised of the possibility of such Events . The limitations and exclusions above apply if they are compatible with the current legislation in your country. If applicable, the total liability of the Company is limited to the amount paid for the Software. This limitation applies even case of serious or breach of the main provisions of this contract.
If you are using a trial version, temporarily, a pre-release, or more generally a copy of the Software not for sale, any files or data created by the software are accessed at your own risk.
In order to innovate and continuously improve its products, the company may collect some anonymous usage statistics from its Software including, without limitation, the collection of information on how software is used by users.
Statistics potentially collected is anonymous and can not in any way lead to identify users.
You acknowledge and agree that the Software is not used, shipped, transferred or exported to a country in a way prohibited by the United States Export Administration or any other laws, regulations or restrictions on the export. In addition, if the Software is identified as an export article controlled under the export laws, You represent and warrant not to be a citizen or resident of a nation or a country embargoed or subject to other measures restriction, and that these laws do not prohibit you from receiving the Software. All usage rights are granted under Subject to acceptance. You will forfeit your rights when non-compliance with the terms of this contract.
This contract is governed by and construed in accordance with the laws of France, the French version being authoritative. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, in whole or in part, other provisions of this agreement shall remain in full force.
This contract is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application is expressly excluded.
If you have a business or that you are a corporation or other legal entity, you agree to duly justified and certified, within thirty (30) days any request by the Company or its authorized representatives, that as the date of the application, you use the software for the Enterprise in compliance with your license of the effect.
This constitutes the entire agreement between the Company and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
This contract may be amended or amended only by a writing signed by an officer of the Company duly authorized to that effect.