END - USER LICENSE AGREEMENT
PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ALL USE OF THIS SOFTWARE.
1. Congratulations and thank you for licensing our software. We're sorry to cramp your style, but our lawyers tell us that if we want to keep control and ownership of the cool stuff we're developing, we have to make sure you understand and agree that you are just buying a right to use it and that this right is limited in certain ways. So what follows is what you need to know and agree to.
2. License. The software accompanying this license and the related documentation (the 'Software') are licensed for your use, subject to terms and limitations in this license agreement. The license fee you pay gives you the right to use the Software. If the Software is configured for loading onto a hard drive, you may only load the Software onto the hard drive of a single computer and only run the Software off that hard drive; in other words, your friends must license their own copies of the Software.
The license entitles you to download all minor updates for free (ie if you bought a V1 version you can download for free all V1.x versions) for 18 months. In the case of a major upgrade, (ie A V2 version if the previous one was a V1.x ) existing customers can download the new version for only 30 % of the sale price.
3. Use Restrictions. We want you to enjoy our products for years to come, and we want to be able to continue to make exciting products, so you need to be aware that there are some things you cannot do with the Software. The Software contains copyrighted material, trade secrets and other proprietary material. You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on the Software (except as permitted in Section 8, below), disassemble or otherwise reproduce the Software. Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute the Software. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not offer the Software on a pay-per-play basis or otherwise commercially exploit the Software or use the Software for any commercial purpose except as described in this agreement. You may not electronically transmit the Software from one computer to another or over a network. You may not ship or export the Software to any country other than where you bought it, in violation of the French export law (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize the Software in violation of any applicable law.
4. Termination. This license is effective until either of us terminates it. You may terminate this license at any time by destroying the Software and related documentation. In the unlikely event that you misbehave and fail to comply with any provision of this license, this license will terminate immediately without notice from us. Upon termination, you must destroy the Software and related documentation. Please don't wait for us to come after you; it would not be pleasant for either of us. If we do have to come after you, we're going to expect you to pay us for our troubles, including the cost of our lawyers.
5. Disclaimer of Warranty on Software. You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software, related documentation and the media are provided 'AS IS'. Unless otherwise provided by applicable law, Archymed Althiar software warrants to the original purchaser of this product that the Software storage medium will be free from defects in material and workmanship under normal use for ninety (90) days from the date of purchase. By the way, Archymed Althiar provides this end-user warranty as the publisher of the Software. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. ARCHYMED ALTHIAR SAS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OR NEGLIGENCE, SHALL ARCHYMED ALTHIAR SAS OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEE OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for the Software.
7. Controlling Law and Severability. This license is governed by and construed in accordance with the laws of France. Exclusive venue for all litigation shall be in France (Nanterre court ). If any provision of this license is unenforceable, the rest of it shall remain in effect.
8. Complete Agreement. This license constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation. However, ARCHYMED ALTHIAR reserve the right to modify the terms of this license from time to time and will post notice of material changes somewhere within www.althiar.com.
9. Copyright. The Software and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software are owned by ARCHYMED ALTHIAR or such parties' licensors and are protected by French copyrights laws, international treaty provisions, an army of clones, and all applicable law. You must treat the Software like any other copyrighted material, as required by the French law. Please do not make unauthorized copies. The program you've licensed was produced through the efforts of many people who earn their livelihood from its lawful use. These people like to eat, so don't make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, write to: email@example.com.
10. Enjoyment Requirements. Our software is designed to help you in your job and to have fun at work. Now, be gone from this screen and enjoy the Software.