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License agreement - HFSQL Client/Server If you do not understand this text, or if you do not agree with its content, do not install this software and contact the provider.You may not use this software if you do not accept the terms of this license. By installing and using this software, you agree to the terms of the following license: CUSTOMER shall mean the entity (either individual person or company) who wants to use SOFTWARE and who therefore accepts this license.
COMPANY shall mean PC SOFT, whose head office is located at 3 rue de Puech Villa, BP 444 08, 34197 Montpellier, France.
SOFTWARE shall mean the right to use "PC SOFT HFSQL Client/Server", for the current version and for any updates, unless such update has its own license, which would apply then.
APPLICATION shall mean a program or set of programs that use SOFTWARE.
REFERENCE shall mean an application of which more than 50% is developed using WINDEV and/or WEBDEV and/or WINDEV Mobile.
| | 1. License |
This non-exclusive user license is granted to CUSTOMER for the purpose of legal use of an application of which more than 50% is developed using WINDEV and/or WEBDEV and/or WINDEV Mobile.
This SOFTWARE may only be used with the REFERENCE, all other uses are considered illegal and represent an act of piracy.
For any use from any other language or by any other means, it is necessary to install a WINDEV license per server machine using SOFTWARE, in the same or in a later version than the SOFTWARE version used (for example, WINDEV 2025 to use HFSQL Client/Server 2025).
If SOFTWARE is used on a single computer (laptop, desktop PC,...) this computer is considered as a server.This license is only granted after the CLIENT has fulfilled all her/his obligations towards the REFERENCE supplier..
| | 2. SOFTWARE ownership |
This SOFTWARE is the property of the COMPANY. CUSTOMER has only purchased the right to use SOFTWARE.
| | 3. Use |
CUSTOMER agrees to use SOFTWARE for its intended purpose.
CUSTOMER can only use SOFTWARE for professional purposes.
SOFTWARE is intended for a professional use only.
Modifying, trying to modify, disassembling, or trying to disassemble this SOFTWARE is forbidden. CUSTOMER shall not remove (or try to remove) the copyright mentions that may be displayed and/or included in SOFTWARE.
This SOFTWARE cannot be sold.
This SOFTWARE cannot be distributed without the REFERENCE.
| | 4. Technical Support |
As SOFTWARE is provided free of charge by the COMPANY, no free technical support is provided. CUSTOMER can request help from SOFTWARE seller, use any newsgroups related to this SOFTWARE, or contact COMPANY directly to obtain a quote for technical support through the Direct Assistance service, if this service is available at the time the request is made.
| | 5. Absence of liability |
5.1. SOFTWARE and documentation are sold as is, WITHOUT ANY WARRANTY as to performance, merchantability or fitness for any particular purpose. COMPANY shall not be held liable for damages of any nature whatsoever, including data loss or deterioration, financial or operational loss, discrepancy between the information contained in the documentation and the actual behavior of SOFTWARE, or in case SOFTWARE behaves differently than expected. CUSTOMER is solely responsible for the performance and support of the programs created using SOFTWARE.
5.2. Neither COMPANY nor anyone else who has been involved in the design, the production, or the distribution of SOFTWARE will be liable for any incidental, consequential, indirect or special damages caused to CUSTOMER, any user or third party, even in case of negligence, including but not limited, to the interruption of the good order work of SOFTWARE, the loss of profits, loss of data, loss of brand image, increase of overheads or any other financial loss arising from the use of SOFTWARE or inability to use it even if COMPANY has been notified of the possibility of such damages.
5.3. CUSTOMER acknowledges and agrees that COMPANY may only be liable for direct damages.
5.4. To the maximum extent permitted by applicable law, and except for indemnification obligations, breach of confidentiality and/or intellectual property rights provisions, and breach of CUSTOMER's payment obligations, COMPANY's liability shall not exceed the license fees paid and/or payable by CUSTOMER to COMPANY under the order form giving rise to the claim for the twelve (12) months preceding the event giving rise to the claim.
5.5. It is expressly agreed that any claim for damages against COMPANY arising in connection with these terms and conditions and the use of SOFTWARE will be time-barred twelve (12) months after the event that triggered the claim.
This software can only be used professionally.
| | 6. License acceptance |
By keeping and using this software, you indicate that understand and agree to the terms of this agreement.This contract cannot be modified, except by an original letter initialled by the COMPANY's general director. This license agreement is governed by French law. Any dispute arising therefrom shall be subject to the exclusive jurisdiction of the courts where COMPANY has its registered office. PC SOFT,
3, rue de Puech Villa
BP 44 408
34197 Montpellier Cedex 5 France |
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