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WDMSG SaaS License Agreement Last updated: May 21, 2025 By installing and using WINDEV SaaS, you agree to the terms of the following license:CUSTOMER means the entity or an individual who subscribes to SOFTWARE offered by COMPANY for professional use only. The LICENSE MANAGER is the individual who assigns licenses to the different DEVELOPERS. A DEVELOPER is a user associated with a SOFTWARE license, identified by an email address. 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 WDMSG SaaS. Subscription means the purchase of a limited right to use SOFTWARE under the terms and conditions detailed in the order form accepted by COMPANY, in this SaaS License Agreement, and in the General terms and conditions. The Subscription is associated with a DEVELOPER, for the current version and for any updates, unless such update includes its own license agreement, which would apply then. | 1. License | The Subscription purchased by CUSTOMER gives the DEVELOPER the non-exclusive, personal, non-transferable, limited in time right to use SOFTWARE. This license agreement is valid for the duration of the Subscription as set out in the order form accepted by the COMPANY, and subject to the timely payment of the Subscription price by the CUSTOMER. If the Subscription is not renewed, the licenses will expire at the end of the Subscription period (see General terms and conditions).
1. Internet connection To use SOFTWARE, an Internet connection is required at first launch and at regular intervals. This connection allows the DEVELOPER to authenticate on the Subscription servers. SOFTWARE can then be used in offline mode for a given amount of days. This time period can vary. A regular Internet connection is required to extend offline access. You can see the expiration date in the general options of SOFTWARE. If the expiration date is reached and the device has not been connected to the Internet, SOFTWARE can no longer be used. The DEVELOPER must check this date before traveling or programming an extended period of offline use. If necessary, the DEVELOPER click on the "Traveling / Limited Internet access" or use an equivalent option link to extend the period of offline use. 2. Use conditions SOFTWARE can be installed on multiple computers. However, SOFTWARE must be used on a single computer by a single DEVELOPER at any given time. SOFTWARE is considered used as soon as it is loaded in the "computer memory" (also called RAM). The DEVELOPER, identified by their email address, can use their license to run SOFTWARE installed on different computers. In this case, the DEVELOPER needs an Internet connection to authenticate. Users can only change to a different computer a given amount of times per day and per month. If this limit is exceeded, the DEVELOPER will not be able to use SOFTWARE on another computer for a given amount of time. If the DEVELOPER tries to use the same identifier to run SOFTWARE on multiple computers simultaneously, a message will appear to notify them that by continuing on their current session, all other sessions will be automatically closed. Any unsaved data will be lost. The DEVELOPER will be solely responsible for these losses.
If the Subscription management servers encounter a problem, a specific procedure enables the DEVELOPER to access a backup server for a given time period.
| 2. 2. Subscription Pricing | The applicable SOFTWARE Subscription pricing can be found at www.windev.com. The right to use SOFTWARE is subject to the payment of the Subscription price. COMPANY may immediately interrupt access to SOFTWARE if CUSTOMER fails to pay the Subscription price. This price can be changed without notice.COMPANY may modify the price, interrupt or reduce the duration of any of the Subscription plans. COMPANY shall inform CUSTOMER of the termination or any significant changes made to the Subscription plans. CUSTOMER may terminate the Subscription contract if they do not agree to these changes. For more details, see General terms and conditions.
| 3. Privacy | For more information on how the COMPANY collects, uses, shares or processes information about the CUSTOMER, the DEVELOPER and its use of the SOFTWARE, please see Privacy policy.
| 4. SOFTWARE ownership | This SOFTWARE is the property of the COMPANY. CUSTOMER has only acquired the right to use SOFTWARE under the terms and conditions detailed in the General terms and conditions, and in this SaaS License Agreement.
| 5. Use | CUSTOMER agrees to use SOFTWARE for its intended purpose. 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.
SOFTWARE shall not be rented, leased or shared.
| 6. Absence of liability | 6.1. 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.
6.2. 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.
6.3. CUSTOMER acknowledges and agrees that COMPANY may only be liable for direct damages.
6.4. 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.
6.5. 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.
| 7. License acceptance | By keeping and using this software, you indicate that you understand and agree to the terms of this SaaS license agreement. By accepting this SaaS license agreement, you indicate that you agree to the terms of all third-party software license agreements.
In case of conflict between this SaaS license agreement and the COMPANY's General terms and conditions, the terms of the COMPANY's General terms and conditions will prevail.
This contract cannot be modified, except by an original letter initialed 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 |
V 7
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