2 allee Josime MARTIN
Telefon: 33 9 77 63 61 94
Innergemeinschaftliche Steuernummer: FR 22431638816
E-mail : email@example.com
2 rue Kellermann
Trademarks and Copyrights
'POINTDEV', 'IDEAL Administration', 'IDEAL Remote', 'IDEAL Migration', 'IDEAL Dispatch', 'IDEAL Alerter' are copyrights and trademarks registered and owned in France and internationally by 'SARL POINTDEV'.
End User License Agreement (EULA)
In accordance with the provisions hereafter, POINTDEV products include all software packages and equipment of POINTDEV manufacture, as well as all the associated services. The sale or use of POINTDEV products are subject to the general terms of sale hereby. The latter shall prevail over any conditions of purchase, unless expressly and formally otherwise agreed with POINTDEV.
Any agreement signed by POINTDEV, or any order accepted by POINTDEV, shall be subject to the general terms hereby, of which the client recognizes he has taken notice and which he accepts without signing ; they may be modified or supplemented by invoices or estimates.
AVAILIBILITY AND DELIVERY
POINTDEV may without advance notice modify the functions and the design features of its products. It is thus up to the client to check product availability, features and associated service prior it any order. Apart from software packages, it is agreed that risk transfer to the client occurs on the date of delivery of the products. Should delivery be delayed for reasons beyond POINTDEV’s control, delivery shall be deemed to have taken place at the agreed date and no damages whatsoever may be claimed by the client on account of such delay.
RESERVE OF PROPERTY
In case of equipment sales, title shall be transferred to the client starting only with full payment of the product. ‘Full payment’ is deemed by the parties to mean receipt, cashing or collection by POINTDEV of the client’s payment, i.e. principal, fees, costs and taxes inclusive. The client shall therefore abstain from removing from any purchased equipment the label that may be affixed to it and mentioning POINTDEV’s title until full payment has been made. The POINTDEV company retains full title to POINTDEV software as their author or owner of intellectual property rights. The POINTDEV company is thus entitled to bring any action conducive to enforcing its copyright and its full title to the software. The retention-of-title provision hereby shall not undermine or modify the copyright of the POINTDEV company. The client undertakes to take any measures appropriate to avoid such copyright being misappropriated, pledged, seized or distrained by any third parties. In case any invoice drawn up by the POINTDEV company is not paid when due, POINTDEV may, in accordance with articles 115 ff. of law N°.8598 of 25 January 1985 modified, claim the items having been invoiced, the latter being expressly subject to the retention-of-title clause.
PRICE - TERMS OF PAYMENT - PENALTIES
Prices given by the POINTDEV company are for information only and may be modified without prior notice. It is up to check that is using the current price list. All prices are in EURO exclusive of taxes. They thus require the addition of the taxes applying on the date of actual payment and the Client’s country. Unless otherwise provided in writing, prices are payable upon ordering or delivery, and in any case in accordance with the methods of payment as mentioned on the invoice or according to a schedule as determined by POINTDEV. Failing payment of any single instalment, the remaining payments shall fall due immediately even when bills have been issued. In case of delayed payment, the amounts remaining due shall carry interest at one and a half the official rate of interest.
The right of use the software is granted to the client by POINTDEV for the entire duration of the copyright protection associated with the software, unless otherwise provided on estimates or invoices and subject to any application of the article CANCELLATION.
Although POINTDEV software works on most standard equipment and systems, it is up to the client to make sure of the appropriateness of the software to his needs and his technical environment, taking into account in particular the specific equipment and systems necessary for the operation of each software package. Clients are advised to conclude a maintenance and assistance contract, distinct herefrom.
The right to use POINTDEV software is granted personally and its neither exclusive nor transferable.
POINTDEV is the owner of the copyright on the software distributed under its name. The license to use it as granted by POINTDEV entails no transfer of any intellectual property rights to the client. The client shall therefore abstain from any actions that might directly or indirectly infringe the copyright associated with the software, such copyright being protected in particular by the Code on Intellectual Property. The client shall thus in particular neither :
·By any means whatsoever reproduce the software and its documentation, except one back-up copy for safety reasons to be used only in case of failure of the installed copies, except otherwise provided in estimates or invoices ;
·Nor use the software for office purposes, in particular on a number of stations different from the one stipulated on the estimates or invoices ; represent, distribute or market the software, be it freely or against payment ;
·Nor make the software directly or indirectly available to any third party, through rent, assignment or loan in particular ;
·Nor adapt, modify, transform or arrange the software for any reasons whatsoever, nor in particular create a software package and/or a by-product software or an entirely new software ; directly or indirectly transcribe or translate the software into any other languages, or even partly modify it, in particular for use on any other equipment than the intended one.
USE OF THE SOFTWARE
The software package is to be used by the client :
·According to the provisions hereof, as well as to the recommendations and instructions for its safe use and proper operation as included in the documentation handed over to the client ;
·In accordance to its purpose as laid out in its estimates or invoices ,
·For the client’s sole personal and professional requirements.
Any use not expressly hereby granted by POINTDEV shall be deemed illicit, in accordance with article L122-6 of the Code of Intellectual Property.
The client shall expressly abstain from assigning or transferring to any third party, including any of his subsidiaries and even free to charge, all or part of the products and/or obligations hereby.
In accordance with the provisions of article L 122-6 of the Code of Intellectual Property, the client shall obtain from POINTDEV the information necessary for the interoperation of the software package with other software packages of independent design. The information necessary to the interoperability of the software shall be supplied to the client upon his request, to be submitted trough recorded delivery letter with acknowledgement of receipt sent to POINTDEV. Such information shall be communicated by POINTDEV within three months upon receipt of the Client’s request. It is expressly agreed that any such information :
·Shall not be used to any other purpose than to provide the interoperability of the independently designed software ;
·Not be passed on to third parties unless required for the interoperability of the independently designed software ;
·Nor be made use of to design, produce or market a software package or a software of materially similar expression, or for other any action affecting copyright.
Generally speaking, the client has sole responsibility for any harmful consequences that might result from such interoperability.
POINTDEV clients are granted contractual warranty for a duration of one month from ordering date or from the date of first use as communicated to us. The warranty applies to non-random, reproducible faults attributable to the software package. POINTDEV further grants an identical one-year warranty for products other than software. The POINTDEV guarantee does not generally speaking apply :
·If the faulty matter or design is the Client’s ;
·If the faulty operation is due to unauthorized tampering with the products ;
·If the faulty operation is due to faulty product use, negligence or lack of maintenance by the Client.
Further, POINTDEV warranty on software packages is granted :
·Subject to operation under normal operating conditions ;
·Subject to the Client having abided by the procedures set out in the operation manual ;
·Subject to the Client having the required competency.
POINTDEV is hereby bound to employ and implement appropriate means. Should POINTDEV’s responsibility be recognized relative to a product having been ordered hereby, the maximum amount of damages to which it might be sentenced shall be limited to the price actually paid by the Client for said product. POINTDEV shall not be held responsible for any indirect damages, such as operating loss, data loss or any other financial loss entailed by the use or the impossibility to use the POINTDEV product, even should POINTDEV have received warning of the possibility of such damages. Any damages suffered by third parties are indirect damages and therefore carry no indemnification.
CAUSE BEYOND CONTROL
The parties shall be entirely relieved of their responsibility should the non-performance of any of all the obligations incumbent on them result from a case of cause beyond control. Are deemed to be cases of cause beyond control any irresistible and unforeseeable events beyond the control of the parties which occur during the performance of the agreements and which partly or totally prevent their performances. One or more occurring cases of cause beyond control shall first suspend the performance of the parties’ obligations. Should the duration of a case of cause beyond control exceed one month, and unless otherwise agreed between the parties, the agreements shall be wholly cancelled, without such cancellation entailing any damages whatsoever.
Should any party fail to meet any of its obligations hereby and by estimates or invoices, the other party may send it by registered letter with acknowledgement of receipt formal notice to immediately remedy such failure. Should such formal notice remain of no avail thirty (30) days after receipt by the failing party, the present general and particular terms may be cancelled without prejudice to any damages that may be claimed.
In application of the law n ° 78-17 of January 6th, 1978 relative to the computing, the files and the liberties, you have the right of opposition (article 26 of the law), of access (art 34 to 38 of the law) and rectification (article 36 of the law) data concerning you.
Thus, you can demand that be rectified, completed, clarified, updated or erased information about you that are inaccurate, incomplete, equivocal, out of date or whose collection or use, communication or preservation is prohibited.
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