End-user license agreement

1. Field of application.


The present end-user license agreement (hereafter called the « EULA ») is a contract between you, the consumer (a natural or legal person), and AGENIUM SCALE (hereafter called the « EDITOR ») from whom you have acquired a software product(s)(hereafter called the « SOFTWARE »). The SOFTWARE is made up of libraries and documentation. By installing, copying, downloading, accessing or using the SOFTWARE in any other way, you recognize and accept the terms of the present EULA. Clicking the « I accept » button when installing and/or downloading, updating and upgrading any add-ons of any SOFTWARE, is considered as using the SOFTWARE. If you do not agree with the terms of the present EULA or if you do not accept the terms of the present EULA, you forfeit your right to use or copy the SOFTWARE, you must immediately stop using it and click on the « cancel » button so as to refuse downloading or any use of the SOFTWARE. In this case and if you have already paid for the purchase of the SOFTWARE, you can obtain a refund providing you have not used the SOFTWARE.

 

THE SOFTWARE MAY INCLUDE TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY MAY CAUSE YOUR COMPUTER TO CONNECT TO THE INTERNET WITHOUT NOTICE ON INSTALL, ON LAUNCH, AND ON AN INTERMITTENT OR REGULAR BASIS THEREAFTER. ONCE CONNECTED, THE SOFTWARE WILL TRANSMIT INFORMATION TO THE EDITOR VIA AN INTERNET CONNECTION. EDITOR MAY USE THE TRANSMITTED INFORMATION, AS WELL AS OTHER INFORMATION YOU OR THIRD PARTIES MAY PROVIDE TO US, TO DETECT OR PREVENT USE OF EDITOR SOFTWARE THAT IS FRAUDULENT, NOT VALIDLY LICENSED, OR NOT USED IN ACCORDANCE WITH A VALID LICENSE. SOFTWARE THAT FAILS TO CONNECT TO EDITOR SERVER AND SOFTWARE THAT CONNECTS TO EDITOR SERVER WHOSE USE IS FOUND NOT TO BE PERMITTED MAY OFFER ONLY LIMITED FUNCTIONALITY OR MAY NOT OPERATE AT ALL.

 


2. SOFTWARE license.


The EDITOR grants you the following rights, providing you respect all the terms of the present EULA.


2.1 Installation and use.


Notwithstanding stipulations to the contrary mentioned in the EULA, you have the right to install, use, access, display and run only one (1) copy of the SOFTWARE on one (1) computer only. You are authorized to develop a program based on the SOFTWARE. You are also authorized to transfer the SOFTWARE to a computer with a compatible operating system. Use of the SOFTWARE on the original computer must be stopped before transfer and all copies installed on the original computer must be completely erased. Therefore, it is forbidden to install the SOFTWARE on any form of server or equipment used as a server. You are not authorized to modify, adapt, translate, decompile, disassemble, or transpose in any way perceptible to the user, all or part of the SOFTWARE, except in respect of legal provisions and the EULA. You are not authorized to rent, sub-license, lease or transfer it in any way to a third party, whoever they may be, to lend the SOFTWARE, to communicate or distribute it to the general public in any way.

By exception, you are authorized to redistribute part of the SOFTWARE along with programs based on the SOFTWARE (binary related to the hardware architecture). Redistribution and use in binary form, without modification, are permitted provided that the following conditions are met:

 

Redistributions of binary must retain the above copyright notice, this list of conditions and the following disclaimer.

 

The name of the copyright holder (AGENIUM SCALE) may not be used to endorse or promote products derived from this software without specific prior written permission.

 

The SOFTWARE is provided by AGENIUM SCALE “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall AGENIUM SCALE be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this SOFTWARE, even if advised of the possibility of such damage.

 

All other trademarks are the property of their respective owners.


2.2 Transfer


The license cannot be shared, transferred or used concurrently on several computers unless otherwise specified when you order your license (i.e. site license). You are authorized to permanently transfer all your rights as stipulated in the present EULA, but only in the case of permanent sale or transfer of your copy of the SOFTWARE, providing you do not keep any copies and that you transfer the totality of the SOFTWARE package (including all its component parts, manuals and printed documents, updates, the present EULA) and that the beneficiary accepts the terms of the present EULA. If the SOFTWARE is an update, the transfer must also include all previous versions of the SOFTWARE.


2.3 Updates.


Notwithstanding the above, the license you have been granted for the SOFTWARE does not include any rights for future updates, upgrades or SOFTWARE add-ons unless it is specified during the order process.


2.4 Backup copy


You are authorized to make one (1) backup copy of the SOFTWARE. This backup copy can only be used for storage and to reinstall the SOFTWARE on the computer it is used on. Unless specifically stated otherwise in this EULA, you are not authorized to make any other copies of the SOFTWARE. You are not authorized to lend, rent or transfer in any way the media or backup copy to another user.


2.5 EDITOR’s property


The SOFTWARE, documentation and all or part of a copy of one or the other remain the exclusive property of the EDITOR and cannot be copied, distributed or used in any way other than that specifically stipulated in the terms of the EULA.


2.6 Rights reserved


AGENIUM SCALE reserves all rights which are not specifically granted by virtue of the EULA.

Notwithstanding the above, AGENIUM SCALE reserves all other exclusive rights title and interest for the world as regards intellectual property rights relating to the SOFTWARE, including any code totally or partially developed specifically by AGENIUM SCALE, and any AGENIUM SCALE know-how, with the exception of limited and non-exclusive licensing rights granted by virtue of the EULA. No terms in the EULA limit AGENIUM SCALE’s rights to develop, use, grant under license, create derivative works or benefit in any other way from intellectual property rights belonging to AGENIUM SCALE and in particular those rights related to the SOFTWARE; or permit third parties to do so.

 

3. Intellectual property rights.


All property and intellectual property rights related to the SOFTWARE belong to AGENIUM SCALE or its suppliers. The SOFTWARE is not sold but granted under license. All property and intellectual property rights related to content which is not part of the SOFTWARE but which the SOFTWARE gives access to, belong to the respective owners of the aforementioned content and fall under protection of international copyright or intellectual property regulations and treaties. If the SOFTWARE includes documentation supplied only in an electronic format, you are authorized to print only one copy of it.

Produced data with the SOFTWARE belong to you. You can make commercial use of produced data, worldwide, without restriction, if input imagery EULA permit to do so.

 


3.1 Trial version


A trial version of the SOFTWARE may be provided for testing purposes only. You are not allowed to make any commercial use of the data produced thanks to the trial version.

 

4. Warranty and responsibility limitation


AGENIUM SCALE does not guarantee error-free running of the SOFTWARE. The SOFTWARE and its components are provided “as is”. Within limitations permitted by law, AGENIUM SCALE excludes warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. The SOFTWARE is not provided with any form of anti-counterfeiting guarantee. Any claim for compensation will be strictly limited to the redress of direct damages limited to the price paid for acquiring the SOFTWARE. You cannot in any way claim for other compensation for other damages, including special, indirect, incidental or accessory damages and loss of profit from use of the SOFTWARE even if the repair, replacement or refunding of the SOFTWARE does not totally cover damages incurred.

 

5. Termination without prejudice to any further claims


AGENIUM SCALE can terminate the present EULA without prior notice if any term of the agreement is breached. You are still bound by the EULA’s obligations beyond the duration of the agreement, even if it is intentionally terminated by either party.


6. Litigation


Any litigation occurring between the parties concerning the EULA, its validity, interpretation, application or termination and consequences will be governed by the laws of France.


7. Governing law – Contract language


As agreed to by both parties, the EULA is governed by French law. The EULA is written in French. If translated into one or several other languages, only the French text will be valid in case of dispute.