General terms and conditions of sale

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 agreement between Intuisphere and 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 applicable, return any copies of this Software and documents in your possession to Intuisphere by email.

1. DEFINITIONS

"Software" means the software that accompanies this Agreement and includes all available user manuals, operating and installation guides, or any extracts thereof, in electronic or printed form, regardless of medium.
"Use" of the software means that you have downloaded, installed or run the software on a computer or similar device.
"Backup Copy" means a non-transferable copy of this software created for archival purposes only and which is not installed or used on a computer or workstation (or by the number of users covered by a user license) except for backup purposes in the event of an emergency.

2. SOFTWARE LICENSE

2.1 License - Intuisphere does not transfer ownership of this Software to you; the license granted to you is not equivalent to a sale.

2.2 Installation and Use - You are responsible for installing the software. Your license to use this software is limited to the number of licenses you purchased.
You may not allow others to use, copy or evaluate copies of the Software.
Paid versions of the Software may be used for an unlimited period of time without having to pay a subscription fee.

2.3 Conditions of sale of licenses - Given its nature (software), the right of retraction provided for in terms of distance selling, cannot be exercised by it, in accordance with the provisions of articles L 121-20-2 and following of the Consumer Code. The purchase of a license is therefore firm and definitive and may not give rise to any exchange or refund.
The demo version of the software allows you to test all the features of the commercial version.
It is strongly recommended that you save the license text on a text document and keep a copy in a cloud such as Dropbox.

2.4 Restrictions on Use - You must use the Software in accordance with all applicable laws and not for any unlawful purpose.
Each licensed copy of the Software may be used on only two computers of the licensee. If you install the Software on a multi-user platform, server or network, each user of the Software will need to obtain a separate license. No third parties may use or install your copy of the Software. Any assignment, sublicensing, networking, sale or distribution of copies of the Software is strictly prohibited without the prior written consent of Intuisphere. Assignment, sale, sharing, lending, renting, leasing, borrowing, networking, and transfer of use of the Software will be considered violations of this Agreement.

2.5 Laptop Use - If you have purchased a license to use the software and have installed it on your desktop computer, you may install a second copy of the software on your laptop computer for your personal use only.

2.6 Transfer - You may transfer your copy of the Software to another computer. Once the transfer is complete, you must remove all of the software from the first computer. However, you may make and use a backup copy in case of an emergency.

2.7 Restrictions related to intellectual property - 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, reveal or transmit to a third party, directly or indirectly, the content of this software. You shall not attempt to modify, reverse engineer, disassemble, or decompile the software or alter or remove any proprietary rights notices or copyrights indicating Intuisphere's ownership of the software. You may not create derivative works or other works based on the Software or any part thereof. Intuisphere retains exclusive ownership of all right, title, and interest in and to the Software and any related intellectual property rights. This software is protected without restriction by French copyright law and by the provisions of the International Copyright Treaty. All rights not expressly granted herein are reserved to Intuisphere.

2.8 Intellectual property: site models
The visual resources (photographs, icons and illustrations) and the designs of the site templates offered in the software are subject to copyright and intellectual property rights.
The user shall not modify, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sell or otherwise use such content in any other media.


IN NO EVENT SHALL ANY OFFICER, DIRECTOR, EMPLOYEE, OR AGENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR FAILURE TO COMPLY WITH THE FOREGOING.

2.9 Limitation of Liability - You shall indemnify, hold harmless, and defend Intuisphere and its employees from and against any and all claims, proceedings, and costs arising out of or related to your use of this software. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL INTUISPHERE AND ITS EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OF THIS SOFTWARE OR THE USE OR INABILITY TO USE THIS SOFTWARE OR ACCESSORIES, PERFORMANCE OR USE OF ANY OTHER ITEM HEREUNDER BASED ON CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING NEGLIGENCE, WHETHER OR NOT INTUISPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

2.10 Warranties - This software is provided to Licensee "as is" without representation, warranty or condition of any kind. INTUISPHERE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SOFTWARE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INTUISPHERE DOES NOT WARRANT THAT THIS SOFTWARE WILL OPERATE CONTINUOUSLY OR ERROR-FREE. YOU ARE ADVISED TO MAKE REGULAR BACKUPS.

2.11 Termination - Any breach by you of the terms and conditions of this Agreement will result in the automatic and immediate termination of this Agreement and the License. In the event of termination of this agreement for any reason, you agree to immediately cease using this software and destroy all copies of this software. The financial obligations you incur will survive the expiration or termination of this agreement.

2.12 Confidentiality - By contacting technical support from the website, information about your license, or the configuration of your computer may be transmitted to INTUISPHERE. This information is used to improve the quality of technical support.

2.13 Resale of Licenses - When purchasing licenses for resale to third party users, the resale price may not exceed 10% of the initial selling price on the Official Site.

2.14 Technical Support Terms and Conditions - Learn More...

3. FREEWARE PRODUCT

3.1 Use of the free version - You may use the free version of the Software for an unlimited period of time.

3.2 Distribution of the Free Version - The Free Version of the Software may be freely distributed, provided that : (a) such distribution is limited to the original archive provided by Intuisphere. You may not alter, delete or add any files in 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 a fee; and (d) you send prior email or written notification to Intuisphere at contact@intuisphere.com, stating that you are distributing this free version and, if this software is distributed with other multimedia content or software, that you obtain prior written consent from Intuisphere. To obtain such prior written consent, please contact Intuisphere. Intuisphere may require you to report to Intuisphere, from time to time, the number of distributed units of the free version of the Software.


4. GENERAL PROVISIONS

These provisions constitute the entire agreement between the parties and supersede all previous expectations, understandings, communications, representations and agreements, whether oral or written, between the parties. If any provision of this Agreement is unenforceable or invalid for any reason, the unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of the Agreement and such provision shall be severable from the remainder of the Agreement.

5. CONTRACT VALIDATION


By installing on your computer the free version or a paid version of the software, you declare to have taken knowledge and you agree to respect the general conditions of use of the software.
Similarly, you undertake to provide us with accurate information concerning your identity. Any false or erroneous information may result in the termination of your rights.