EVALUATION LICENCE FOR CHARGEABLE SOFTWARE and END-USER PC LICENCE 1. INTRODUCTION 2. LICENCE 3. LEGAL REQUIREMENTS 1. INTRODUCTION 1.1. “AGREEMENT” This Licence Agreement is an agreement between you and EMMANUEL GEVEAUX. Please read these terms and conditions carefully before using any software and applicable documentation as they contain important information about your rights and obligations. It governs your use of the software ("the Software") supplied to you by EMMANUEL GEVEAUX and related documentation. By downloading, installing or otherwise using the Software you agree to be legally bound by this Licence Agreement. 1.2. REFUSAL If you do not wish to be bound by this Agreement, then you may not download or use the Software. 2. LICENCE 2.1. TYPES OF LICENCE Specific conditions of use which apply to the type of licence you have acquired from EMMANUEL GEVEAUX are: 2.1.1- EVALUATION LICENCE FOR FREE SOFTWARE You may use the Software freely within your organisation to access whether it meets your needs. 2.1.2- EVALUATION LICENCE FOR CHARGEABLE SOFTWARE You may use the Software within your organisation to access whether it meets your needs for a period of up to 30 days from its supply to you. At the end of this period, if you do not : - activate the licence by the proposed automated process of payment and activation, - or purchase another licence from EMMANUEL GEVEAUX, you must destroy all copies of the Software supplied to you, including copies installed on any computer, and all related documentation. 2.1.3- END-USER PC LICENCE (a) With a single End-User PC Licence you may install and use one copy of the Software on a single computer. You may not share the licence between different computers, nor install it on a server based computer, nor use the Software on more than one computer at the same time. As a special exception, the primary user of the Software may make a second copy for exclusive use on either a home or portable computer, provided it is used on only one computer at any one time. (b) In addition to the above, if you have bought a licence for a number of concurrent users you may install the Software on any number of computers at one single physical (geographical) location notified to EMMANUEL GEVEAUX provided it is used on no more computers than that number of licensed users at any one time. 2.1.4- SITE LICENCE You may install and use the Software on any number of computers or terminals located at the single physical (geographical) location notified to and agreed by EMMANUEL GEVEAUX. 2.1.5- DEVELOPER LICENCE (a) You may install and use the Software on any number of computers or terminals within your organisation. (b) You may incorporate the Software, or portions of the Software, into your own software for use within your own organisation. (c) You may not distribute the Software, or any portions of the Software, or related documentation to any other organisation or to any person external to your organisation. 2.1.6- DEVELOPER DISTRIBUTION LICENCE (a) You may copy, install and use the Software on any number of computers or terminals within your organisation. (b) You may incorporate the Software, or portions of the Software, into your own software products for distribution to other people or organisations provided the appropriate copyright of EMMANUEL GEVEAUX is acknowledged on all media containing such software products and on all related documentation. (c) You may not distribute the Software, or any portion of the Software, to any third party unless it is incorporated into your own software products whose functionality exceeds the functionality of the Software and which do not compete directly with the Software. 2.2. RESTRICTIONS ON USE You shall not use the Software in any way other than in a manner specifically licensed under this Agreement. 2.2.1- COPIES You may make a reasonable number of copies of the Software solely for backup and recovery purposes. Any such copies shall in all respects be subject to the terms and conditions of this Agreement. 2.2.2- PROPRIETARY NOTICES You shall not remove or obscure any copyright and trademark notices or other proprietary notices relating to the Software. All notices must be duplicated as it appears on the Software on all authorised copies. 2.2.3- REVERSE ENGINEERING You shall not reverse engineer, decompile or disassemble the Software except to the extent expressly permitted by any applicable local laws which may overrule this restriction. 2.2.4- DISTRIBUTION You may not distribute any portions of the Software to any third party except under the terms of a Developer Distribution Licence if you have acquired such a licence from EMMANUEL GEVEAUX. 2.2.5- TRANSFER You may not rent or lease the Software but you may transfer the Software and accompanying documentation on a permanent basis provided that (i) you retain no copies and (ii) the recipient agrees to the terms of the Licence Agreement you are transferring and (iii) you notify EMMANUEL GEVEAUX of the transfer in writing. 2.2.6- PUBLICATION You shall not display the Software on a public bulletin board, website, chat room or by any other unauthorised means. 3. LEGAL REQUIREMENTS 3.1. INTELLECTUAL PROPERTY RIGHTS The copyright, patents, trademarks and all other intellectual property rights in the Software and related documentation are owned by and remain the property of EMMANUEL GEVEAUX or its suppliers and are protected by French laws and international treaty provisions. You do not obtain any rights in the Software other than those expressly granted in this Agreement. 3.2. UPDATE POLICY EMMANUEL GEVEAUX may create, from time to time, updated versions of the Software. EMMANUEL GEVEAUX will make any such updated versions available to licensees who have paid the update fee. If you acquire an updated version of the Software then all copies of the previous version must be destroyed and not used, except for one copy which may be retained solely for archival purposes. 3.3. WARRANTY EMMANUEL GEVEAUX warrants that for a period of 90 days from you purchasing the Software, it will materially conform to the electronic documentation provided with it. In the event of notification within the warranty period stated above, EMMANUEL GEVEAUX shall replace the defective copy of the Software. Your remedy for breach of the warranties shall be limited to replacement of the defective copy and shall not encompass any other damages. EMMANUEL GEVEAUX expressly disclaims all other conditions, warranties, terms and undertakings, expressed or implied, statutory or otherwise, relating to the Software and related documentation or technical support including but not limited to warranties of quality, performance, satisfactory quality or fitness for a particular purpose. 3.4. LIMITATION OF LIABILITY Nothing in this Agreement shall limit EMMANUEL GEVEAUX’s liability for : - fraud or other criminal act, - any other liability that cannot be excluded by law. Except as provided above, EMMANUEL GEVEAUX’s maximum liability to you for any cause whatsoever will be limited to the amount paid for the Software. EMMANUEL GEVEAUX accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, anticipated savings or business, however caused and even if foreseeable or made known to EMMANUEL GEVEAUX. 3.5. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements, arrangements or undertakings between the parties relating to the subject matter of this Agreement and any representations or warranties previously given or made to it. If a Court or other competent authority decides that any provision of this Agreement is void or otherwise ineffective in whole or in part then any other part and the other terms and conditions of this Agreement shall continue in full force and effect. 3.6. NOTICES All notices shall be given: - to EMMANUEL GEVEAUX via e-mail at either info@EMMANUEL GEVEAUX.fr or another dedicated e-mail or postal address specifically communicated to you - to you at either the e-mail or postal address you provide during any ordering process. Notice will not be deemed received before explicit confirmation of receipt. 3.7. TERMINATION This Agreement is effective until terminated. This Agreement will terminate automatically if you fail to comply with any provision of this Agreement. Upon notice of termination from EMMANUEL GEVEAUX you shall destroy the documentation and all copies of the Software promptly. 3.8. GOVERNING LAW This Agreement is governed by and interpreted in accordance with French law. Any disputes or claims relating to this Agreement shall be subject to the exclusive jurisdiction of the French Courts.