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By using the Software, you accept, as User, to comply with the terms of this user`s license agreement (hereafter referred to as the License).
SINGLE USER`S LICENSE
This License comes into force on the date marked on the receipt.
License: In consideration of the inclusive fee paid, PROSUM grants the User, who accepts, according to the terms of this license, the non-exclusive non-transferable right to use the Software in object code form on his personal computer.
Conditions for use: The right to install the Software is granted by PROSUM for use limited to a single personal computer.
Copyright: The Software belongs to PROSUM and is protected by patents and/or international copyright laws applicable in France, Europe, the United States, and generally in all countries belonging to the international patents and copyright conventions. In case of any attempt at seizure or any contestation of PROSUM`s rights, the User shall immediately inform PROSUM, oppose any seizure and take all measures to enforce PROSUM`s copyrights. The User also agrees to take reasonable steps to protect PROSUM`s trademark or any logo belonging to PROSUM printed on the Software support. This license gives the User no rights over PROSUM`s trademark or logo.
By accepting this Software license, the User agrees to exclude any type of use not expressly authorized, including installation on another computer, translation of the software, adaptation, creation of derivative programs, change or arrangement, in whole or in part, without prior written permission from PROSUM.
The User shall not reverse engineer, or disassemble the Software. PROSUM expressly reserves the right to effect and/or authorize the correction of any alleged errors in the Software.
The User also agrees not to lend or hire the Software or make it available to others, by uploading or distributing it, in any form or by any means, including Internet or Minitel. The User has the right to make a single back-up copy of the Software.
Any use other than that provided for under this agreement requires a specific license with an additional fee.
Limited Warranty: PROSUM warrants for a period of ninety (90) days from the date on the receipt:
- that the media accompanying the Software is free from any defect in materials and workmanship under normal conditions of use. PROSUM agrees to replace any defective media on condition that it is sent back during this period, accompanied by a written description of the problem and the receipt;
- that the Software is substantially in compliance with the specifications defined in its documentation. The warranty granted under this article excludes any other warranty.
PROSUM does not warrant that the Software will satisfy the User`s requirements, performances or expectations concerning its use or its operation, nor that the Software is free from bugs, nor that the Software will work in combination with any hardware or software products provided by third parties.
The User explicitly recognized that PROSUM is released from this warranty if the User should ever modify the executable version of the Software at his own initiative and/or should he use it in a hardware or system environment different from that identified at the date of installation. Any work requested by the User, in the context of the guarantee, which is not due to any defect attributable to the Software will be billed by PROSUM on a time and materials basis at the hourly rate applicable when the work is done.
Disclaimer of other warranties: EXCEPT AS OTHERWISE PROVIDED HEREIN, PROSUM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on liability: PROSUM`s liability is expressly limited to the fulfillment of its obligations as described above. PROSUM shall not be held liable for any claims made by third parties.
It is expressly agreed that PROSUM shall in no case be held liable for damages incurred by the User due to any use to which the Software is put other than that for which it was supplied.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PROSUM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PROSUM OR A PROSUM AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PROSUM`s only liability for money damages under this License, if such liability is established by a court decision, shall be limited to repayment of the fees paid by the User for the version concerned.
Termination: The License shall be immediately terminated if the User does not comply with each and every term of this agreement. In case of termination, PROSUM shall keep the sums paid by the User and the latter shall immediately cease using the Software.
Severability: If any clause of this License is judged null and void, all the other clauses shall nevertheless apply.
Force majeure: PROSUM shall not be held liable in case of impossibility or delay in performance of the License due to labor disputes, force majeure or any other event beyond its control.
Entire Agreement: This License cancels and supersedes any prior agreements or proposals, whether oral or written, between the parties concerning the content of the License. This License can only be modified by an amendment signed by both parties.