POLYGONAL DESIGN S.A.R.L.
Licence agreement of End-user
NOTICE TO USER: PLEASE CAREFULLY READ THIS CONTRACT. BY USING THE SOFTWARE ENTIRELY OR PARTLY, YOU ACCEPT ALL THE CLAUSES AND CONDITIONS OF THIS CONTRACT, INCLUDING, IN PARTICULAR, THE LIMITS RELATING TO: The DESCRIBED USE IN PARAGRAPH 2; CONDITIONS OF TRANSFER DESCRIBED TO PARAGRAPH 4; GUARANTEE DESCRIBED IN PARAGRAPHS 6 AND 7 AND THE RESPONSIBILITY DESCRIBED IN PARAGRAPH 8. YOU RECOGNIZE THAT THIS CONTRACT KEEPS AN EXECUTORY CHARACTER JUST LIKE ANY OTHER WRITTEN CONTRACT THAT YOU WOULD HAVE NEGOTIATED AND SIGNED. IF YOU DO NOT ACCEPT, DO NOT USE THIS SOFTWARE.
1. Definitions. The "Software" term indicates (A) all the contents of the files, of the diskette(s), of CD-ROM(s) or any other support provided with this Contract, including, without this enumeration being exhaustive, (i) it (them) data-processing software or data of Polygonal Design or of third, (ii) of the digital images, the photographs of files, the clip arts, the files its or other works artistic ("Additional Files"), (iii) of the files or documents annex written explanatory ("Documentation") like (b) all the levellings, poured modified, updates, additions and copies of the Software, if it is necessary, whose Polygonal Design concedes you the licence (hereafter collectively "Updates"). The term "Use" indicates the access to the Software, its installation, its remote loading, its copy or very other favours drawn from the use of its functionalities in accordance with Documentation. The term "Computer" indicates an electronic instrument which accepts data in numerical format or in a similar format and the draft in order to obtain specific results starting from a sequence of instructions. The term "Polygonal Design" indicates company located in France, 19-21 rue Guibal, at Marseille.
2. Software under licence. As long as you will respect the clauses of the End-user Licence agreement (the "Contract"), Polygonal Design concedes you a non-exclusive licence of use of the Software for purposes described in Documentation.
2.1. General use. You are authorized to install and use a specimen of the Software on your compatible computer. No use in network is authorized, including but without this enumeration being exhaustive, the use of the Software directly or using orders, of data or instructions carried out since, or bound for a computer not forming part of your internal network, for services of Web lodging or Internet, or by a user not entitled to use this specimen of the Software by a valid licence of Polygonal Design.
2.2. Backup copy. You are authorized to carry out a backup copy of the Software, as long as you do not install it or use it on a computer. You are not authorized to transfer the rights to a backup copy, except if you transfer all the rights of the Software as stipulated to Paragraph 4."
3. Rights of intellectual ownership. The Software and all the copies that Polygonal Design authorizes you to make some are the intellectual property of their owners. The structure, the organization and the code of the Software constitute commercial secrecies of value and confidential information of which Polygonal Design holds the rights of edition. The Software is protected by the royalties, including without limitation by United States Copyright Law (American Law on the royalty), the provisions of the international treaties and the laws in force in the country in which it is used. You should not copy it, except definite manner in Paragraph 2 ("Software under licence"). All the copies which you are authorized to carry out in accordance with the present Contract must contain the same mentions of royalties (copyright) and the same opinions relating to the rights of ownership as those which appear on or in the original Software. You will not, in no case, modify, adapt, arrange or be translating the Software. You will not, in no case, make reverse engineering, decompile, disassemble the Software, nor testing in any other way to discover its source code, except in the strict case where this operation of decompiling would be expressly allowed by the applicable law, where this operation of decompilation would be necessary to get the Software suitable with another software, and having before the achievement of these acts requested from Polygonal Design to provide you necessary information, and stating that Polygonal Design did not provide you required information. Polygonal Design will have the right to impose reasonable conditions and to require the preliminary payment of a reasonable royalty. Any information provided by Polygonal Design or that you will have obtained, as authorized above, should only be used by you for purposes described in this document and do not have to be revealed with thirds or to be used to create a software similar in substance to the expression of the Software. For any request for information, please contact Polygonal Design. Apart the exceptions expressly indicated higher, this Contract does not confer any right of intellectual ownership to you on the Software.
4. Transfer. You are not authorized to rent, to offer in leasing, to grant an under-licence or to authorize the copy of the totality or a part of the Software on the computer of another user, except if you got the specific authorization to do si in this document. You can however transfer all of your user rights to another person or entity provided: (A) you also transfer this Contract, the Software and all the other software or hardware delivered to him with the Software, including all the copies, Mises up to date and preceding versions like all the copies of the software of bills of character converted in other formats, (b) you don't keep any copy, including backup copies stored on a computer, and (c) the recipient accepts the clauses and conditions of this Contract like all the other clauses and conditions under which you bought a licence of the Software legally. Notwithstanding what precedes, you are not authorized to transfer copies of the Software for teaching, tests or resale.
5. Updates. If the Software is an Update of a preceding version of the Software, you must have a valid licence of this preceding version to be able to use the Update. You can continue to use the preceding version of the Software on your computer after having received the Update in order to help you to carry out the transition with this Update, provided that:
the Update and the preceding version are installed on the same computer;
the preceding version or its copies is not transferred to a third or on another computer except if all the copies of the Update are also transferred to this same third or on this same computer;
and you recognized that all the obligations to which Polygonal Design must yield concerning the assumption of responsibility of the preceding version of the Software can end once the Update available.
6. LIMITED GUARANTEE. Polygonal Design guarantees to the person or to the entity who first bought it a licence of the Software in order to use it in accordance with the clauses of this licence the full operation of the Software in accordance with Documentation during eighty ten (90) days as from the reception of the Software, provided that it is used in the recommended hardware configuration. Weak variations of performances compared to the specifications of Documentation do not give place to a right in guarantee. THIS LIMITED GUARANTEE DOES NOT APPLY TO THE UPDATES, TEST VERSIONS, EVALUATION AND NOT FOR RESALE COPIES OF THE SOFTWARE (NFR). In the event of recourse to the guarantee, you must turn over the Software to the place where you got it accompanied by a document in proof of purchase in the ninety (90) days. If the Software does not function primarily in accordance with Documentation, the whole responsibility of Polygonal Design, and your only resort, will limit themselves, with the choice of Polygonal Design, the replacement of the Sof