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By installing and using this software you agree to the terms of the following license: CUSTOMER shall mean the original customer (either individual or company) who purchased a 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 WDMSG software purchased by the CUSTOMER.
| | 1. License |
This user license is granted to CUSTOMER in exchange for the payment of a purchase price.
This SOFTWARE shall be used on a single computer by a single person at a time. SOFTWARE is considered used as soon as it is loaded in the "computer memory" (also called RAM).
This license is granted only after full payment of rights as indicated on the price list on the day of the purchase.
| | 2. SOFTWARE ownership |
This SOFTWARE is the property of the COMPANY. CUSTOMER has only purchased the right to use SOFTWARE.
| | 3. Backup copy |
CUSTOMER is authorized to download a backup to reinstall this SOFTWARE.
Reproducing the documentation, in part or in full, is strictly forbidden.
| | 4. 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.
| | 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.
| | 6. Warranty |
If the dongle is damaged, CUSTOMER can obtain a new one from the COMPANY, provided that the damaged dongle is returned at the time of their request.
NO DONGLE CAN BE PURCHASED SEPARATELY. The only way to get a new dongle is to buy a brand new product. Do not misplace the dongle. We advise you to make sure you have an insurance policy that covers theft, loss or destruction (fire, etc.) of this dongle.
Replacement items will be invoiced.
If the dongle becomes defective within three months from the date of purchase, COMPANY will replace the dongle without charge, excluding shipping costs. Parcels will be accepted only if delivered postage paid and tax-free. The return postage will be invoiced; including express shipping and proof of delivery. This warranty shall not apply if the items become defective due to an accident or mishandling.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights. CUSTOMER and COMPANY agree that SOFTWARE is not intended as "Consumer Goods" under warranty laws of USA.
COMPANY maintains a policy of ongoing updates and product improvement. Provided that CUSTOMER has previously returned the registration card, COMPANY shall provide CUSTOMER with either copies of updated material or notification of availability and price schedules where appropriate.
In the event legal action is brought by either CUSTOMER or COMPANY to enforce the terms of this license agreement, the prevailing party shall be entitled to recover reasonable attorney fees and expenses in addition to any other relief deemed appropriate by the court.
| | 7. License acceptance |
By keeping and using this software, you indicate that you understand and agree to the terms of this agreement. By accepting this license agreement, you indicate that you agree to the terms of all third-party software license agreements.
This contract cannot be modified, except by an original letter initialled by the COMPANY's general director.PC SOFT and WINDEV are registered trademarks of COMPANY. 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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