End user agreement for EdocSync
IMPORTANT - PLEASE READ CAREFULLY
You have paid on-line and received a license key by email for an “End User” software license. PLEASE READ WHAT FOLLOWS CAREFULLY, and in particular the End User license which sets out the terms under which you can use the software.
In the context of its business, SyncEvolution (a French limited liability company), with its head office at 1 rue de la Durance - 67100 Strasbourg (France), and registered in the Strasbourg Company Register under the reference B 480 395 813, has designed, developed and produced a program called EdocSync©.
SyncEvolution has decided to distribute it in particular by downloading from the Internet.
The terms of access, installation and use of the software are determined by the End User Software Licence reproduced below and agreed between, on the one hand, yourself, a single physical or legal person (referred to as "the Customer" in the contract) and, on the other hand, the supplier of SyncEvolution software (referred to as "SE" in the contract).
By installing and/or using software from the EdocSync© range in whatever manner, you acknowledge being bound by the terms of the software license. If you do not agree to the terms of this contract, SyncEvolution does not grant you a license to use the software. The license has not been granted or will be automatically cancelled if you do not comply with any of the terms laid down in the contract. It is understood that by installing and/or using software from the EdocSync© range on your computer, you accept all the terms of this contract. Under no circumstances does it give you the right to lay claim to and/or obtain in part and/or in whole the source code of an EdocSync program, whatever the version involved. This software is the property of SyncEvolution (SARL) and copyright notices may appear when the software is operational.
WARNING! By clicking on the button "I AGREE" below, and by installing and/or using the Software, you confirm that you have read, understood and accepted the terms, conditions and limitations of the contract reproduced below.
UNLESS YOU ACCEPT THESE CONDITIONS OF USE YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE AND SHOULD IMMEDIATELY:
(A) CLICK ON THE "I DO NOT AGREE" BUTTON BELOW and
(B) UNINSTALL AND DELETE THE SOFTWARE FROM ALL COMPUTERS ON WHICH IT IS INSTALLED and
(C) DESTROY ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION AND ALL THE DOCUMENTS ASSOCIATED WITH IT, INCLUDING THE DOCUMENTATION.
END USER SOFTWARE LICENSE
1 - NATURE AND PURPOSE OF THE CONTRACT
This contract is an end user software license covering the installation and restricted use of any of the software from the EdocSync© range that is installed on a computer (hereinafter referred to as "Software").
All versions of EdocSync© software are subject to this software license.
The transaction covered by this contract is not a sale. The Customer does not become the owner of the Software.
It is a license to use the Software. This license is non-exclusive and non-transferable.
This license is granted for one computer and one computer only. Any additional computers must be covered by a license that is separate from this one.
All rights not expressly granted under this license are reserved by "SE".
By downloading or installing the Software, or by using it in any other manner, the Customer recognizes that he/she is bound by the terms of this license and undertakes to comply with its conditions.
If the Customer does not accept the terms of this contract in their entirety, "SE" grants no rights to use the Software. In this case, the Customer is not authorized to install the Software, download it, access it or use it in any manner whatsoever.
2 - INSTALLATION
Installation of the Software is carried out by the Customer.
The Software is deemed to have been installed within a period of 10 calendar days, starting from when the license key was sent.
3 - CUSTOMER'S RIGHTS
3.1. - CONDITIONS
This license to use the software is granted to the Customer subject to the Customer fulfilling all the obligations that are his/her responsibility under this contract, and in particular full and effective payment of the price.
3.2. - RIGHT OF USE
The Customer is granted a non-exclusive and non-transferable right to use the software for his/her own internal operational needs.
By use for the Customer's own internal operational needs is meant any use for the Customer's needs alone, by the Customer him/herself and by his/her staff, excluding all third parties outside the Customer's company.
3.3. - BACKUP COPY
The Customer may make a single backup copy of the Software when this is necessary to maintain the use of the Software, in an unencrypted form and subject to the following:
- The backup copy must be made on independent computer media (CD-Rom, USB key, diskette), not connected to a network.
- The Customer must remain in permanent possession of the original Software and his/her backup copy.
- The Customer must not permit any third party to use the backup copy of the Software.
- All brand names and references to ownership in the Software must be reproduced in the backup copy.
With the exception of the backup copy created for the Customer's own internal operational needs and as defined above, "SE" does not permit any reproduction of the Software in part or in whole.
4 - INDUSTRIAL, INTELLECTUAL AND COMMERCIAL RIGHTS
"SE" conceived, designed and produced the Software. "SE" is the owner and holder of the intellectual and/or industrial rights, and in particular copyright, attaching to the software (notably and in a non-exhaustive manner, those applying to all images, photographs, animation, video, sound, music, text and mini applications incorporated into the software), to printed documentation that may accompany the Software and all backup copies of the Software, throughout the world.
The Software is protected in France by the Intellectual Property Code and in other countries by national legislation and international agreements regarding copyright.
Granting the Customer the right to use the Software does not imply the transfer of any of "SE's" rights of ownership for the Customer's benefit.
"SE" does not grant any of the industrial and/or intellectual rights it holds in particular with regard to the Software. In particular it does not grant the right of reproduction, representation, adaptation, translation, correction or modification of the Software. All the elements relating to the use of the Software (in particular software, source code, applications, expertise, etc.) are, and remain, the property of "SE".
In consequence, the Customer is strictly prohibited from carrying out the following operations or having them carried out:
- transferring or granting, even free of charge, the right to use the Software granted to the Customer by this contract.
- reproducing the Software in part or in whole.
- decompiling, manipulating, disassembling, modifying or reprogramming the Software.
- transcribing the Software into any other language.
- combining the Software in part or in whole into any other software or program.
- creating and/or distributing products and/or functions derived from the Software.
- selling, hiring, lending or exchanging the Software.
- distributing the Software in any manner whatsoever, in particular via the Internet.
- deleting or changing the brand names and references to ownership in the Software or on any reproduction of it or on any media relating to it.
- transferring the Software, in any form whatsoever, to anyone, whoever that may be.
- accessing the source code.
- correcting any errors in the Software. In effect, "SE" expressly reserves the right to correct any errors in the Software and permits no third party access to the source code. "SE" retains exclusive rights covering corrective maintenance.
The Customer undertakes:
- not to infringe, directly or indirectly, or via a third party intermediary with whom he/she is associated, "SE's" intellectual property rights.
- to take, with regard to his/her staff and or any third party who may have legitimate access to the Software, any measures necessary to ensure respect for "SE's" rights of ownership with regard to the Software.
If the Software contains documentation that is only supplied in electronic form, the Customer is permitted to print a single copy of this. The Customer is not permitted to make copies of printed documentation which may accompany the Software.
All industrial rights and/or intellectual property rights with regard to content that is not incorporated into the Software but to which the Software may give access, are held by the respective owners of this content and may be protected by legislation and international treaties concerning intellectual property. This license grants you no right of use of this content.
If the Customer does not comply with the terms, limits and procedures of the license to use the Software which is the subject of this contract, he/she renders him/herself liable to civil and/or criminal proceedings, in particular for counterfeiting.
5. - COMING INTO FORCE - TERM
5.1. - COMING INTO FORCE
This contract takes effect from the moment the Software is installed, as defined in article 2, subject to full and effective payment of the price.
5.2. - TERM
This user license is granted for the term of the legal protection applying to the Software.
6 - CANCELLATION
In case of non-observance of one of the provisions of this contract by the Customer, "SE" may cancel this contract without notice and as of right, by simple written notification sent to the Customer by registered letter, without prejudice to any other rights, and without prejudice to any damages that may be owing.
The Customer may cancel this contract at any time and without notice, for example in the situation where he/she ceases to use the Software, by registered letter.
In case of cancellation by "SE" or by the Customer, for whatever reason, the Customer must immediately:
a. stop using the Software.
b. uninstall and delete the Software from the hardware on which it is installed.
c. destroy all copies of the Software in his/her possession.
d. destroy all the documents associated with the Software, including the documentation, and
e. certify to "SE" in writing and within a deadline of 15 days, that he/she has ceased using the Software, has uninstalled it, deleted it and destroyed the software, documents and documentation in accordance with the provisions referred to above (a. to d.).
In case of cancellation for whatever reason, the amounts received with regard to the license remain the property of "SE" and amounts due to “SE” at the time of cancellation remain due. In circumstances where "SE" ceases trading, no sum received will be reimbursed.
7 - GUARANTEE - LIABILITY
Although "SE" has tested the Software, "SE" does not guarantee:
- that the software meets the Customer's needs,
- that the software will operate correctly in any computer environment whether hardware or software,
- that the software will operate consistently or without problems.
"SE" gives no express or implied guarantee concerning the software, its quality, its description, its merchantable quality or its suitability for a specific function.
"SE" cannot under any circumstances be held liable for any harm whatsoever, whether direct or indirect, even when "SE" has been warned of the possibility of such harm arising, notably, for purely illustrative and non-exhaustive purposes, from privation of enjoyment of the software, loss of data, loss of profit or increase in costs and expenditure, including the cost of rebuilding files, operating losses, and loss of sales.
Although "SE" has tested the Software, if a problem of any sort arises due to the absence of one or more components external to the Software, no reimbursement of sums received will be made. It is the Customer's responsibility to find a solution to problems that are independent of the Software.
Although "SE" has tested the Software, if an error occurs limiting and/or preventing the installation and/or use of the Software, no reimbursement of sums received will be made. It is the Customer's responsibility to find a solution to problems that are independent of the Software.
The Customer undertakes to do what is necessary to permit use that complies with the intention of the Software.
The Customer recognizes that any use of the Software that is illicit, prohibited or contrary to good character, on the part of the Customer, his/her staff and/or by any third party who may have legitimate access to the Software cannot render "SE" liable.
In circumstance where "SE" is liable, the Customer and "SE" expressly agree that when all sums are taken into account, "SE" shall not be liable to pay the Customer or a third party, an amount greater than the price paid by the Customer under this license.
8 - SEVERABILITY
If one of the terms of this contract is annulled in part or in whole, the validity of the remaining provisions shall not be affected.
9 - GENERAL PROVISIONS
The Customer acknowledges having read this contract, including all its provisions and agrees to comply with the whole. The Customer recognizes that this software license contains the full and exhaustive statement of the agreement between him/her and "SE" concerning the EdocSync© software's and that it replaces all previous agreements or proposals, written or oral, or any other communication with regard to the purpose of this license.
None of "SE's" distributors, dealers, agents or intermediaries is authorized to change, add to and/or delete any of the content of this contract without "SE's" prior, express and written agreement.
10 - APPLICABLE LAW - ASSIGNMENT OF JURISDICTION
This contract is subject to French law. In case of any dispute with regard to the interpretation and/or execution of this contract, the French Courts alone are competent.