PROGRAM USER LICENSE AGREEMENT
The installation and utilization of this product (hereinafter the “SOFTWARE”) on your microcomputers are expressly subject to full and unreserved acceptance of this Software Utilization License Agreement (hereinafter “LICENSE”).
The LICENSE constitutes an agreement between you (a natural or legal person), the end user of the SOFTWARE (hereinafter the “USER”) and the publisher of the SOFTWARE (hereinafter referred to as “PUBLISHER”).
The PROGRAM is protected by international laws and treaties as regards intellectual property. No right of ownership is granted to the USER under the LICENSE, only a right of use is granted to the USER. By this LICENSE, the PUBLISHER grants the USER a personal, non-transferable right of use in accordance with the terms stated below:
~ SINGLE WORKSTATION PROGRAM. The term means a PROGRAM that may be installed and used only by a single USER on a single computer at any one time. Consequently, the PROGRAM must not be installed, displayed, shared or used concomitantly from the computer or on distinct computers.
~ MULTIPLE WORKSTATION PROGRAM. The term means a PROGRAM that may be installed and used by a specified number of USERS representing an equivalent number of computers. The PROGRAM must not be installed, displayed, shared or used from or on a number of computers greater than the number of workstations authorized.
OWNERSHIP / RESTRICTIONS
~ CONCERNING THE PROGRAM. The PUBLISHER reserves all rights, of any kind whatsoever, not expressly granted under the LICENSE. Modifying, adapting, translating, decompiling or undertaking any inverse engineering, disassembling or attempting to find out the source code of the PROGRAM is strictly prohibited.
~ CONCERNING THE MULTIMEDIA FILES PROVIDED WITH THE SOFTWARE. The PUBLISHER and its licensor(s) reserve all their intellectual property rights pertaining to multimedia files that may be provided with the PROGRAM: without limitation, images, audio or video files. The use of those files is reserved for the personal use of the LICENSE holder, excluding any other use and in particular (i) for commercial use, or (ii) if the PROGRAM is not used for its intended purpose.
~ CONCERNING THE COPYRIGHT LAW OF ORIGINAL WORKS. Use of the software to create derivative works (ringtones, screensavers…) from any original works that are protected by copyright, including but not limited to recordings, videos and pictures, without first obtaining express permission from the copyright owners is illegal. Infringements of copyright law may be subject to civil and/or criminal prosecution.
PROTECTION AGAINST COPYING – ACTIVATION KEY – VERIFICATION MEASURES
The PROGRAM may include a technological measure to protect it against copying in order to prevent any unauthorized reproduction. In accordance with the law, the USER must not circumvent or attempt to circumvent any protective measure against unauthorized copying.
Activating or running the PROGRAM beyond a certain period of time may require the entry of an activation key previously supplied to the USER. The USER recognizes that the activation key is the PUBLISHER’s exclusive property, that it is strictly confidential information and that, consequently, it must not be disclosed to third parties. The USER undertakes to implement all means available and to act in good faith in order to protect the confidentiality of the activation key.
As part of the measures for verifying the use of the activation keys, when an Internet connection is open the PROGRAM may test the validity of the key used for the PROGRAM on the site of the USER’s computer. During this test, statistical information only is sent to the PUBLISHER: no nominative information and/or any information that is not directly related to the SOFTWARE activation key is sent to the PUBLISHER or to third parties.
VOICE RECOGNITION / OCR
The PROGRAM may include a voice recognition and/or character recognition (OCR) component. To be employed, such components require complex statistical processes and/or use of the human voice and as such are prone to recognition errors inherent in that type of process. It is the USER’s responsibility to make any checks and/or inspections that may be necessary. The PUBLISHER shall not be held liable for loss or damage caused by errors resulting from such recognition processes.
COMMUNICATION NETWORK DATA TRANSFER
The PROGRAM may enable the sending and reception of data over communication networks. The use of means of communication and the transfer of data over networks are operations for which it is not possible to guarantee either the confidentiality or integrity of data. Data transferred by means of the PROGRAM is wholly and solely USERS’ responsibility and AT THEIR OWN RISK AND PERIL. Consequently, the USER cannot hold the PUBLISHER liable for loss or damage suffered, without limitation, subsequent to the impossibility of transferring data, for the interception of data by third parties or for data lost on transfer.
The LICENSE is made for an indefinite period. The LICENSE will be terminated automatically, without prior notice, in the event of breach by the USER of any one whatsoever of the provisions herein. Termination will result for the USER in the obligation to destroy all copies of the PROGRAM and associated documentation.
The PUBLISHER warrants that the physical medium carrying the PROGRAM is free from defects in materials and production for all normal uses. The warranty is valid for 90 days from delivery or from purchase of the PROGRAM. In the event of defect, the remedy offered by the PUBLISHER will, at its option, either be to replace the defective medium, or to refund the purchase price. The PUBLISHER warrants that the PROGRAM is in accordance with its documentation but gives no express warranty as to its correct operation and in particular that the PROGRAM will satisfy performance requirements or that it will run without discontinuity or bugs. The PUBLISHER gives no other express or implicit warranty under the LICENSE.
PARTIAL NON VALIDITY
If any one of the clauses or provisions in the LICENSE is ruled null and void or not written, the remaining provisions shall nonetheless remain valid.
The LICENSE is subject to French law, excluding rules on the conflict of laws.
© Avanquest Software 2011 – All rights reserved for all media and all countries.