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Reports & Queries license agreement By installing and using PC SOFT 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 "PC SOFT Reports & Queries" software purchased by CUSTOMER for the current version and for any upgraded version, unless this upgraded version contains a license agreement that would entirely enforces... APPLICATION shall mean a report or a query developed with SOFTWARE. REFERENCE shall mean an application in which more than 50% has been developed with WINDEV.
| | 1 License |
This non-exclusive user license is granted to CUSTOMER for the purpose of the legal use of an application developed for more than 50% with the WINDEV software.
This SOFTWARE may only be used with the REFERENCE, all other uses are considered illegal and represent an act of piracy.
This license is only granted after CUSTOMER has fulfilled all of his or her obligations toward the provider of the REFERENCE.
| | 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.
CUSTOMER shall not modify, or try to modify, nor disassemble, or try to disassemble this SOFTWARE. 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.
The photographs, illustrations and images contained in the examples, templates, skins and skin templates can only be used in their initial context. Any use, reproduction, representation, adaptation or copy, in full or in part, in any format, by any existing or forthcoming process, is forbidden.
The images and animations available from the image catalog must be exclusively used in the APPLICATIONS developed with SOFTWARE. These images shall not be sold or distributed. Their use in products or sites other than the APPLICATION is forbidden.
The images cannot be separated from the APPLICATION that uses them.
| | 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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