END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE.
NOTICE TO USER - By downloading and / or using this software, you agree to abide by the terms of the following User Agreement. This agreement is a legal commitment between Intuisphere and the purchasers or users of this software. If you do not agree to be bound by this agreement, immediately remove this software from your computer and, if necessary, send back to Intuisphere by email any copy of this software and the documents in your possession.
"Software" means the software that accompanies this agreement and includes all available user manuals, operating and installation guides, or any excerpt from them, in electronic or printed form, regardless of the medium .
"Use" of the software means that you have downloaded, installed, or are running WebAcappella on a computer or similar device.
"Backup Copy" means a non-transferable copy of this software created for archival purposes only and not installed or used on a computer or workstation (or by the number of licensed users) of use) except for a backup in case of emergency.
2. SOFTWARE LICENSE
2.1 Authorization - Intuisphere does not assign you ownership of this Software; the license you are granted does not equate to a sale.
2.2 Installation and Use - You are responsible for the installation of WebAcappella. Your license to use this software is limited to the number of licenses you have purchased. For more information on purchasing additional WebAcappella licenses, please contact Intuisphere through your Customer Area.
You may not allow others to use, copy, or evaluate copies of WebAcappella.
Paid versions of WebAcappella can be used for an unlimited period of time without having to pay a subscription.
2.3 Conditions of sale of the licenses - Due to its nature (software), the right of retractation envisaged in the matter of distance selling, can not be exerted by this one, in accordance with the provisions of articles L 121-20-2 and following of the Consumer Code. The purchase of a license is firm and final and can not give rise to any exchange or refund.
The demo version of WebAcappella allows you to test all the features of the commercial version subject to the limitations. Thus, you agree to check the compatibility of your hosting and including the installation of the online store through the use of the free version of WebAcappella before proceeding to any license purchase. No refund request for hosting compatibility issues will be processed.
The purchase of a paid version of WebAcappella is characterized by the activation of a Customer area and the provision of a user license on this Customer area. It is strongly recommended to save this license text on a text document and to keep a copy on an external medium, such as USB key or external hard disk.
2.4 Use Restrictions - You must use WebAcappella in accordance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, the use, presentation or distribution of WebAcappella in combination with pornographic, racist, vulgar, obscene, defamatory, abusive, hateful, discriminatory or religiously biased media ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of WebAcappella may only be used on two computers of the licensee. If you install WebAcappella on a multi-user platform, server, or network, each user of the software will need to obtain a separate license. No third party may use or install your copy of WebAcappella. Any assignment, sublicense, networking, sale or distribution of copies of WebAcappella is strictly prohibited without the prior written consent of Intuisphere. Allocation, sale, sharing, lending, leasing, borrowing, networking and transfer of use of WebAcappella will be considered violations of this agreement.
2.5 Using on a Laptop - If you have purchased a license to use WebAcappella and have installed it on your desktop computer, you may install a second copy of WebAcappella on your laptop for your personal use only.
2.6 Transfer - You are authorized to transfer your copy of WebAcappella to another computer. Once the transfer is complete, you must remove the entire software from the first computer. You can still make and use a backup copy in case of an emergency. 2.7 Intellectual Property Restrictions - The name, logo and image file of Intuisphere representing WebAcappella shall not be used in any way to promote products developed with WebAcappella. Any reuse of resources from the software (images / text / script ...) is strictly prohibited. This software contains copyrighted material, trade secrets and other proprietary documents. You will not deliver, disclose or transmit to any third party, directly or indirectly, the contents of this software. Under no circumstances should you attempt to alter, reverse engineer, disassemble, or decompile WebAcappella, or alter or remove any proprietary notices or copyright that indicate ownership of Intuisphere on this software. You must not create derivative works or other works inspired by the software in whole or in part. Intuisphere retains exclusive ownership of all rights, title and interest in WebAcappella and any related intellectual property rights. This software is protected without restriction by the French copyright law and by the provisions of the international copyright treaty. All rights not expressly granted herein are reserved for Intuisphere. 2.8 Intellectual Property: Site Models The visual resources (photographs, icons and illustrations) and the designs of the site templates offered in the WebAcappella software are subject to copyright and intellectual property rights. The WebAcappella user may use these visual resources as well as designs provided exclusively for the creation of a website created with WebAcappella and not intended for resale.The user must: make no modification, duplication, distribution, display, under -licence, retransmission, reproduction, creation of derivative works, transfer, sale or other use of this content on any other medium whatsoever. The photo credits mentioned on the images of the models of the sites will have to remain posted and visible on the realized sites with WebAcappella, as they are presented on the models. Also the user undertakes not to dispose of this content in a context that could make the images appear in an unfavorable situation or in a way that could be detrimental to the models as (non-exhaustively): (1) use of an image in a pornographic setting, (2) advertising for tobacco and alcohol, (3) advertising for adult clubs or escort services; political cause, (5) use in a defamatory, illegal, immoral or morally offensive context. IN NO EVENT WILL WEBACAPPELLA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THE ABOVE DISPUTE. 2.9 Limitation of Liability - You will indemnify, hold harmless and defend Intuisphere and its employees against all claims, proceedings and against any costs resulting from or relating to your use of this software. IN NO EVENT SHALL (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) INTUISPHERE AND ITS EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY KIND). LIMITER, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF OPERATION OR LOSS OF INFORMATION OR DATA) RELATING TO OR RESULTING FROM THIS AGREEMENT, SOFTWARE OR USE OR INABILITY TO USE THIS SOFTWARE OR THE ACCESSORIES, PERFORMANCE OR USE OF ANY OTHER ELEMENT HEREUNDER BASED ON A CONTRACT, TORT OR OTHER THEORY, INCLUDING NEGLIGENCE, WHETHER INTEXISED HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. 2.10 Warranties - This software is provided to the licensee "as is" without representation, warranty or condition of any kind. INTUISPHERE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPECIAL FUNCTION OR ABSENCE OF COUNTERFEITING. INTUISPHERE DOES NOT WARRANT THAT THIS SOFTWARE WILL WORK CONTINUOUSLY OR ERROR-FREE. WE ADVISE YOU TO MAKE REGULAR SAFEGUARDS. 2.11 Termination - Any breach of the terms and conditions of this contract on your part in will result in the automatic and immediate termination of this contract and the license. In the event of termination of this agreement for any reason, you agree to immediately stop using this software and destroy all copies of this software. The financial obligations you incur will survive the expiration or termination of this contract. 2.12 Confidentiality - By contacting WebAcappella Technical Support from the WebAcappella website, information about your license or the configuration of your computer may be sent to INTUISPHERE. This information is used to improve the quality of technical support. 2.13 Resale of licenses - By purchasing WebAcappella licenses for resale to third-party users, the resale price may not exceed 10% of the initial selling price on the WebAcappella website. 2.14 Technical Support Terms and Conditions - Learn more ...
3. FREE SOFTWARE
3.1 Using the Free Version - You can use the free version of WebAcappella for an unlimited period of time. For more information about purchasing a license to use WebAcappella, please visit the WebAcappella website. 3.2 Distribution of Free Version - The free version of WebAcappella may be freely distributed, provided that: (a) this distribution concerns only the original archive provided by Intuisphere. You may not alter, delete or add any files to the distributed archive or modify this software in any way; (b) the limited nature of the free version of this software is not misrepresented; (c) the person receiving the free version of this software does not pay money; (d) you previously sent Intuitphere an email or written notice to the following email address firstname.lastname@example.org, stating that you are distributing this free version and, if this software is distributed with other multimedia or software content, that you first obtain the written agreement of Intuisphere. In order to obtain this prior written consent, please contact Intuisphere. Intuisphere may require you to report to you from time to time the number of units distributed from the free version of the software.
4. GENERAL PROVISIONS
These provisions constitute the entire agreement between the parties and replace all previous expectations, understandings, communications, representations and understandings, oral or written, between the parties. If any provision of this Agreement is unenforceable or void for any reason whatsoever, the unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of the Contract and such provision shall be severable. the rest of the contract.
5. VALIDATION OF THE CONFLICT
Installing on your computer the free version or a paid version of WebAcappella, you declare to have taken knowledge and undertake to respect the general conditions of use of the software. Similarly, you agree to provide us with exact information about your identity. Any false or erroneous information may result in the termination of your rights.
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