This document is proposed to you for information purposes only. The only relevant version of this document is the french version.
READ THIS SOFTWARE LICENSE AGREEMENT. BY COPYING, INSTALLING OR USING THE SOFTWARE IN WHOLE OR PART, YOU AGREE TO ALL PROVISIONS OF THIS CONTRACT IN THEIR ENTIRETY. YOU ACKNOWLEDGE THAT THIS CONTRACT IS THE SAME CHARACTER AS ANY WRITTEN CONTRACT YOU COULD HAVE NEGOTIATED AND SIGNED. THIS CONTRACT IS ENFORCEABLE AGAINST YOU, YOU AND ANY COMPANY WHO OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED (EG IF YOUR EMPLOYER). IF YOU DO NOT AGREE TO THE TERMS OF THIS CONTRACT, DO NOT USE THE SOFTWARE. PLEASE LOG ONTO THE SITE HTTP://WWW.SOFTETIC.COM TO OBTAIN REIMBURSEMENT GIVEN THE CONDITIONS AND LIMITATIONS RELATING TO THE RETURN OF SUCH SOFTWARE AS FORMULATED IN THE GENERAL CONDITIONS OF SALE IN PARTICULAR.
If you have entered into another written agreement directly with Softetic, it supplements or replaces all or part of this contract.
THE SOFTWARE MAY CONTAIN ACTIVATION MECHANISMS PREVENTING UNAUTHORIZED USE. THE MECHANISM OF ACTIVATION MAY PREVENT YOU FROM USING THE SOFTWARE IF YOU DO NOT FOLLOW THE ACTIVATION PROCEDURE DESCRIBED IN THE SOFTWARE.
"Softetic" means Softetic SARL, a French company registered in the Register of Commerce and Companies of Paris under the number 531 499 036.
"Software" means all information provided with this contract, including but not limited to computer data files and Softetic or third parties, and files related explanatory written materials and any modified versions and copies, and all upgrades, updates and additions to such information provided to you by Softetic at any time, unless they are provided under another contract.
"Computer" means a hardware device that accepts information in digital software and performs processing to obtain specific results.
Softetic owns all rights to intellectual property, present and future, and those not expressly granted, in the Software. Softetic grants you a nonexclusive license to use that in any way correspond to a sale of the Software and related documentation.
The structure, organization and code of the Software are valuable trade secrets and confidential information of value Softetic. The Software is protected by law, including the French laws and other countries on copyright, and by international treaty provisions.
Softetic authorizes you to copy, download, install, use or otherwise benefit from the functionality or intellectual property relating to the Software only in accordance with the provisions of this contract.The use of some elements belonging to third parties included in the Software may be subject to other provisions and conditions typically found in a separate license agreement or in a "Read Me" included with these items.
You may use one (1) copy of the Software on one (1) Computer. The Software is not intended to be used in connection with the operation of nuclear facilities, aircraft navigation, communication systems or air traffic control, or any other setting where failure of the Software could lead to death or significant physical injury and severe damage to the environment.
If you use a temporary or evaluation version of the software, it will cease to function after a nominal period of time.
You may make one (1) copy of the Software at any time, for the sole purpose of archiving and backup, provided you do not use it and install it on another computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under "Limitations - Transfers."
You may not copy the Software except as set forth in this contract. All copies of the software must contain the same copyright and other proprietary notices that appear in or on the Software.
You may not modify, adapt, translate the Software or use the Software to create any type of derivative software. YOU ARE NOT AUTHORIZED TO PERFORM REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE, OR ATTEMPT TO OBTAIN ANY ANOTHER WAY TO DISCOVER THE SOURCE CODE, EXCEPT TO THE EXTENT EXPRESSLY PERMITTED BY APPLICABLE LAW AND ONLY FOR INTEROPERABILITY OF THE SOFTWARE.
YOU MAY NOT RENT, LEASE, LEND THE SOFTWARE, MAKE THE SOFTWARE AVAILABLE FOR PUBLIC DOWNLOAD, GRANT LICENSES OR SUBLICENSES TO USE THE SOFTWARE, OR TRANSFER YOUR RIGHTS OF RELATIVE SOFTWARE, OR AUTHORIZE THE COPYING OF ALL OR PART OF THE SOFTWARE ON THE PC OF ANOTHER USER OR COMPANY UNLESS SPECIFICALLY AUTHORIZED IN THESE TERMS. However, you can transfer all your rights to use the Software to another person or legal entity provided that:
NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER THE PRE-RELEASE VERSIONS OF SOFTWARE (USUALLY IDENTIFIED BY A VERSION NUMBER CONTAINING THE WORD SNAPSHOT) OR COPIES NOT FOR SALE, INCLUDING THOSE FOR TRAINING.
Before a transfer Softetic can ask you, as well as the receiving party, to confirm in writing that you respect the provisions of this contract and provide Softetic your information, to register as a user of the Software . Allow sufficient time for the transfer. For more information, please contact the Customer Service of Softetic.
Softetic warrants that the Software will perform substantially in accordance with the documentation for ninety (90) days from the date of original purchase, subject to normal use on a compatible computer with the hardware recommended. Small variations in performance compared to the documentation may 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 NOT FOR SALE.
Softetic's entire liability and your exclusive remedy will be limited, at the discretion of Softetic, to the replacement of the Software or the refund of the price of the software product.
This limited warranty gives you specific rights. You may have other rights which vary from country to country according to law.
Softetic grants you the unique warranty described above, constitutes and defines the exclusive remedies for breach of warranty by Softetic. You acknowledge and agree that use of the Software is at your own risk. With the exception of the limited warranty described above, and limitations of the laws applicable in your country, you Softetic provides software as is, which may contain defects. Softetic do not warrant that the functions contained in the Software will meet your requirements or that operation of the Software will be uninterrupted, error free or that defects in the Software will be corrected. If the Software prove defective, you assume (and not Softetic) the total cost of all servicing, repair or modification required.
SOFTETIC EXPRESSLY EXCLUDES ANY WARRANTY, CONDITION, REPRESENTATION OR COVENANT, EXPRESS OR IMPLIED, CONTRACTUAL, COMMON LAW, DERIVED FROM CUSTOM OR TRADE OR OTHER SUSAGES ON ALL SUBJECTS, INCLUDING AND ESPECIALLY THE PERFORMANCE, SECURITY, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION OF SOFTWARE, ITS QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
For France and Canada: the application of this warranty and its exclusions will not deprive you of your rights to legal warranty for defects or hidden defects.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SOFTETIC NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, INCIDENTAL, RESULTING FROM OR RELATING TO THIS CONTRACT AND SOFTWARE, THIRD PARTY CLAIMS, ANY LOSS OF PROFITS, LOSS SAVINGS, DAMAGES RESULTING FROM BUSINESS INTERRUPTION, FOR PERSONAL INJURY OR BREACH OF ANY OBLIGATION OF ATTENTION, OR SOME FEES WHATSOEVER, EVEN IF A SOFTETIC BEEN ADVISED OF THE POSSIBILITY OF SUCH EVENTS. The limitations and exclusions above apply if they are compatible with the legislation in your country. If applicable, the total liability of Softetic is limited to the sum paid for Software. This limitation applies even in cases of serious failure or breach of the provisions of this contract.
If you are using a trial version, temporary, pre-release, or more generally a copy of the Software is not for sale, any files or data created by the software are accessed at your own risk.
You acknowledge and agree that the Software will not be shipped, transferred or exported to a country in a manner prohibited by the United States Export Administration or any other laws, regulations or restrictions on exports. Moreover, if the Software is identified as an item whose export is controlled under the export laws, you represent and warrant not to be a citizen or resident of a nation or a country hit with embargo or subject to other measures of restriction, and that these laws do not otherwise prohibited from receiving the Software. All usage rights are granted subject to such acceptance. You will forfeit your rights for non-compliance with the terms of this contract.
This contract is governed and Interpret according to the laws of France, the French version of the document being authoritative. If for any reason a court of competent jurisdiction finds any provision of this Agreement is unenforceable, in whole or in part, the remaining 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 you are a corporation or other entity, you agree to fully justify and certify, within thirty (30) days of any request Softetic or its authorized representatives, that to the date of the application, you use the software in accordance with Softetic Softetic your licenses in force.
This constitutes the entire agreement between you and Softetic relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
This contract may be modified or amended only by a writing signed by an officer of Softetic duly authorized to that effect.