TransBar license agreement
This contract allows on certain conditions the use of a software and of its technical documentation downloaded or transfered by telematic way on demand of the purchaser.
The receiving of this software induce the implicit acceptation of the hereby, which give immediat effects.
This contract is take out between the licensed purchaser – legal or individual entity – and the publisher. It allows the licensed purchaser to install the software in operational mode on a limited number of individual computers dedicated to his own use. The increasing of this number, or the installation of the software on a server open to many individual stations, needs the subscription of a license extension near the publisher.
The hereby allows also to make backups of the software and of its documentation furnished as electronic documents. It prohibits the disclosure of the license key and of the software, as well as the duplication of documentation.
This contract, the licensed software and the technical documentation cannot be reselled, rented, transfered, lended or integred in another software or another documentation, as lot or as part, without the prior writed agreement of the publisher.
This contract will become definitive after cashing of its whole price by the publisher, notwithstanding the acceptation of any bill by any middleman.
The hereby imposes on the publisher to guarantee the conformity between the furnished software and the informations and specifications of the commercial and technical documentations, as weel as to guarantee their integrity. These guarantees are restricted to a period of three months after the date of their delivery, and, as the publisher will choose, to the putting on compliance or the repayment of the price effectively cashed by him.
This contract excludes any responsability of the publisher in case of direct, indirect, incidental or subsequent damage – including loss of profit or data, or any other damage, economic or not – resulting of the use of the licensed software or the impossibility to use it, the contracting party being supposed to have tested it with complete satisfaction before any effective use.
The software and the technical documentation are protected by the French laws and the international treaties about intellectual property and copyright. They are and stay the exclusive property of the publisher and the author. Considering that, the contracting party must use the means to protect these elements of any illicit disclosure.
Any violation of the rules of that contract may give its breaking off, which may be notified by an ordinary letter mailed with acknowledgement. This notification will oblige the purchaser to immediatly destroy the furnished software – and, if any, all the softwares including it after they have been removed of the market ; the respect of these obligations does not exempt the purchaser from financial compensation of the prejudice he could have created.
For what is stated above, the publisher is represented by his local distributor and/or resellers.
42660 Saint-Genest Malifaux