Terms of use and sale
PLEASE READ THIS END USER LICENSE agreement (the “agreement”) CAREFULLY BEFORE USING THIS SOFTWARE.
NOTICE TO USER - By downloading and/or using this Intuisphere software You accept and agree to be bound by the following User Agreement. This agreement is a binding legal agreement between Intuisphere and the purchasers, or users of Web Acappella. If you do not agree to be bound by this agreement, remove this software from your computer now and, if applicable, promptly return to Intuisphere by mail any copies of this software and related documentation in your possession.
1. Definitions -
“Software” means the computer software program that accompanies this agreement and includes any available software user manuals, reference manuals and installation guides.
“Use of this software” means that you have loaded, installed, or run this software on a computer or similar device.
“Backup copy” means one non-transferable copy of this software created for archival purposes only that is not installed or used on any computer or workstation except for back-up use during emergency situations.
2.Software License
2.1 Grant - Intuisphere does not transfer title to this software to you; the license granted to you is not a sale.
2.2 Installation and Use - You are responsible for installation of Web Acappella. Your license to use this software is limited to the number of licenses purchased by you. For more information about purchasing additional licenses of Web Acappella please contact Intuisphere through your Customer Space: http://www.webacappella.fr/customer_space.html
You shall not allow others to use, copy or evaluate copies of this software. Others may obtain a copy of Web Acappella from: http://www.webacappella.com.
Paying editions can be used through an unlimited period without paying any regular subscription.
2.3 Laptop computer use - If you have purchased a license to use Web Acappella and installed it on your desktop computer, you may install a second copy of Web Acappella on your laptop computer for your exclusive use only.
2.4 Use Restrictions - You shall use Web Acappella in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of this software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. Each licensed copy of Web Acappella may be used on two computers belonging to user. If you install this software onto a multi-user platform, server or network, each and every individual user of Web Acappella must be licensed separately. Others may not use or install your copy of this software. The assignment, sublicense, networking, sale, or distribution of copies of Web Acappella is strictly forbidden without the prior written consent of Intuisphere. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this software.
2.5 Transfer - You are allowed to transfert Web Acappella to another computer. Once you did it, you must uninstall the software from the first computer. You may make one backup copy for back-up use during emergency situations. For information about redistribution of Web Acappella please visit http://www.webacappella.com.
2.6 Intellectual Property Restrictions - Intuisphere’s name, trademarks, logo and graphics file that represents this software shall not be used in any way to promote products developed with Web Acappella. This software contains copyrighted material, trade secrets and other proprietary material. You will not deliver, disclose, or convey to any third party, either directly or indirectly, the contents of this software. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this software or alter or remove any proprietary rights or copyrights notice or identification which indicates Intuisphere’s ownership of this software. You shall not create any derivative works or other works that are based upon or derived from Web Acappella in whole or in part. Intuisphere retains sole and exclusive ownership of all right, title and interest in and to this software and all intellectual property rights relating thereto. This software is protected without limitation by French copyright law and international copyright treaty provisions. All rights not expressly granted hereunder are reserved for Intuisphere.
2.7 Limitation of Responsibility - You will indemnify, hold harmless, and defend Intuisphere and its employees against any and all claims, proceedings, demands and costs resulting from or in any way connected with your use of this software. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL INTUISPHERE AND ITS EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR DATA), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THIS SOFTWARE OR THE USE OR INABILITY TO USE THIS SOFTWARE OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE AND REGARDLESS OF WHETHER INTUISPHERE HAS BEEN ADVISED OF THIS POSSIBILITY OF SUCH DAMAGE.
2.8 Warranties - This software is provided to licensee "as is" without representation, warranty or condition of any kind. INTUISPERE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN RESPECT OF THIS SOFTWARE AND EXPRESSLY EXCLUDES ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INTUISPHERE DOES NOT WARRANT THAT THIS SOFTWARE WILL OPERATE ON A CONTINUOUS OR ERROR FREE BASIS. WE SUGGEST YOU TO SAVE YOUR WORK REGULARLY.
2.9 Sale condition - The right of restitution does not apply in the event of the sale of serial numbers required for the paying versions of the software. Payments are only considered to be firm and final. There cannot be any exchange or refund.
After buying a version of Web Acappella, a customer space will be created where you will find your user's license. We strongly recommend you to copy this license text on a document that you will store on an external device (like USB key).
2.10 Termination - Any failure by you to comply with the terms and conditions of this agreement will result in automatic and immediate termination of this agreement including the license. Upon termination of this agreement for any reason, you agree to immediately cease use of this software and destroy all copies of this software. The financial obligations incurred by you shall survive the expiration or termination of this agreement including this agreement.
2.11. Confidentiality - By contacting customer support from the Web Acappella Website, informations about your licence or your configuration system can be sent to Intuisphere. These informations are used to improve the quality of our customer support and are not diffused.
3. Free Edition
3.1 Free Edition Use - You may use the free Version of this Software for an unlimited period. For more information about purchasing a license to use this software, please visit Web Acappella Website.
3.2 Free Edition Distribution - The free version of this software may be freely distributed, provided that: (a) such distribution includes only the original archive supplied by Intuisphere. You may not alter, delete or add any files in the distribution archive or modify this software in any way; (b) the limited evaluation nature of this free version software is not misrepresented; (c) no money is charged to the person receiving this free version software; (d) You provide prior email or written notice to Intuisphere at the email address that you are distributing this free version and, if this software is being distributed with other media or software, Intuisphere’s prior written approval is required. To obtain prior written approval, please contact Intuisphere. You may be required to report to INTUISPHERE the number of units of this free version software distributed from time to time.
4. General Provisions - The provisions herein constitute the entire agreement between the parties and supersedes all previous expectations, understandings, communications, representations and agreement whether verbal or written between the parties. If any provision of this agreement is unenforceable or invalid for any reason whatsoever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this agreement and such provision shall be severable from the remainder of this agreement.
5. Contract validation - If you install on your computer the free version or the paying versions, you state to have taken knowledge and you engage to observe the general conditions of use of the software. In the same way, you commit yourselves providing us exact information concerning your identity. Any false or erroneous information will be able to involve the suspension of your rights.
LEGAL MENTION
INTUISPHERE
137, Avenue SALVADOR ALLENDE
33130 BEGLES
France
INTUISPHERE is a LTD registered at the Bordeaux RCS (480 605 682).
N°TVA INTRA COMMUNAUTAIRE : FR 37480605682
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