TV-Tools Software licensing contract for final user

 

You have just purchased the TV-Tools software. Please read the software license through carefully.

 

The present contract is a grant to the customer final user called “Licensee” given by the creator and provider Tecsoft called “Licensor” for the simple right to use of the TV-Tools software. The Licensor grants to the Licensee pursuant to this contract and against payment of a fee the use of the software. The other rights to the software remain with the Licensor.

 

As soon as the Licensee installs the software, he agrees with the terms and conditions of the present contract. If he disagrees with the terms and conditions of this contract, he does not install the software, neither copy nor use the software. He has to return the software where it was purchased to have a reimbursement, if necessary.

 

1. LICENSE GRANT

 

The Licensor Tecsoft grants under license the rights of user of software as following

 

1.1          Installation and uses: the Licensee can install and use one only copy of software on a personal computer or another system, in agreement with the configuration described on the site TV-Tools.

1.2          Grant for the multimedia elements. The software can include some photos, clipart images, forms, animations identified in the software for the Licensee’s own use. The Licensee can copy, modify, grant sub-licenses, view and distribute the Multimedia Elements and the modifications that he has produced from them, as part of his own software products and services.

1.3          Grant for the documentation. The software documentation is granted as reference for internal purposes and not for commercial purposes. The Licensee undertakes in particular to keep documentation secret and not to transfer it to third parties unless there is a written agreement with the Licensor.

1.4          Grant for models. The software could include document models. The Licensee can copy and modify the document models in the frame of this software and can distribute the models and the produced modifications in order to be used by others licensees of the present software.

 

2. OTHERS RIGHTS AND LIMITS

 

Obligatory activation : THIS SOFTWARE CONTAINS TECHNOLOGIES MADE TO PREVENT EVERY FRAUDULENT USE OF THE SOFTWARE. It could happen that the Licensee cannot use the software of the present contract after a limited number of launching, in case the software copy is not activated in the manner described in the launching sequence. It could be that the Licensee has also to reactivate the software in the case of computer replacement or software replacement. In these cases, the Licensor will use these technologies to check up the legal use of the software by the Licensee. If the Licensee does not use the software under the license, he could not install the software or the future update.

 

3. CORYRIGHT AND RIGHTS OF PROPERTY

 

The TV-Tools software is protected by copyright according to the provisions for the protection of computer programs. The software is protected by international laws and treaties on the rights of the author and intellectual rights.  T         he intellectual rights, copyright and property rights belong to the Licensor Tecsoft. His rights include, in particular, the program code, the documentation, the appearance, the structure and organization of the program files, the program name, the logos and others forms of presentation within the software. All other rights stemming from copyright belong to the Licensor. The software cannot be ceased but only granted under license. The software cannot be used except under a grant of license.

 

4. DECOMPILATION AND ALTERATIONS TO THE PROGRAM

 

The Licensee cannot reverse translation to the transferred program code into other code form (decompilation) and other kinds of reverse development of the various stages of manufacture of the software (reverse engineering) are not permitted except in the case where these operations would be expressly permitted, in compliance with the law. 

 

5. DATA USE

 

The Licensee allows the Licensor and his affiliated to collect and to use technical information put together during the support services providing by the Licensor if need be, and relating to the software. The Licensor may use this information only for the purpose of improving his products or for providing specific services or technologies and he undertakes not to divulge the source of this information.

In compliance with the law, the Licensee has the right of access and rectification of data.  

 

6. ADDITIONAL SOFTWARE AND SERVICES. MAINTENANCE  

 

The present contract applies itself to the updates, extensions, additional modules or internet services of the provided software or update after the date of delivery of the initial software unless there are other conditions. The Licensor retains the possibility to stop the provided internet services or accessibility through the software.

During a 12 month period following the software installation, the Licensor provides the software support by hot line, distance maintenance through ADSL line and offers for free the software updates to the Licensee.

After this maintenance period, the maintenance may be continued by means of an annual payment that could be effected by every reseller of this software.

 

7. SOFTWARE UPDATE

 

To use updated software, the Licensee has to have a license permitting to use the TV-Tools software that has to be updated. From the update installation, the Licensee can no longer use no the initial software except as a part of the software itself.

 

8. COMPONENTS

 

The software is granted under license as a unique product. It is forbidden to dissociate its components in order to use it on more than one system.

 

9. CANCELLATION

 

Notwithstanding the other rights, the Licensor may cancel the present contract if the Licensee does not respect the terms of this contract. In this case, he has to destroy every copy of the software and each component. 

 

10. REMEDY AND LIABILITY

 

The Licensor liability and the sole Licensee remedy are limited, at the Licensor discretion, either to the reimbursement of paid price or to replacement of the non functioning software, return to the Licensor with a copy of invoice. This limited warranty excludes the cases where the non use of the software results from an accident, a practice involving a deterioration or inappropriate utilization.

 

In the limits of the law, the Licensor excludes every other guarantee or formal or implicit   conditions, relating to the software, written documentation, supplying or not supplying of support services, particularly for the implicit guarantee of quality and adequate to the commercialisation or particular use, of property and non counterfeiting.   

 

The Licensor is not liable for special, exemplary, consequential, incidental or indirect damages, including but not limited to, loss of anticipated profits or economic loss, in case of impossibility to use the software or for non supply of the support services.

 

11. GOVERNING LAW

French law shall be applicable to the present contract.