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 End User License 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 excerpts thereof, in electronic or printed form, regardless of the medium.
"Use" of the Software means that you have downloaded, installed or run WebAcappella on a computer or similar device.
"Backup Copy" means a non-transferable copy of this software created for archiving 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 in case of emergency.

2. SOFTWARE LICENSE

2.1 Authorization - 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 the installation of WebAcappella. Your license to use this Software is limited to the number of licenses you have purchased.
You cannot allow others to use, copy or evaluate copies of WebAcappella.
Paid versions of WebAcappella can be used for an unlimited period of time, without having to pay a subscription.

2.3 Conditions of sale of the licenses - Considering its nature (software), the right of retraction provided for in terms of distance selling, cannot be exercised by the user, in accordance with the provisions of the 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 WebAcappella allows you to test all the functionalities of the commercial version.
Thus, you commit yourself to verify the compatibility of your hosting through the use of the free version of WebAcappella before proceeding to any license purchase. No refund request concerning hosting compatibility problems will be processed.
It is strongly recommended to save the license text on a text document and to keep a copy of it on an external support, such as a USB key or an external hard disk.

2.4 Restrictions of use - You must use WebAcappella in accordance with all applicable laws and not for any illicit purpose. Without limiting the foregoing, the use, presentation or distribution of WebAcappella in association with pornographic, racist, vulgar, obscene, defamatory, libelous, insulting, hateful, discriminatory or prejudicial material based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of WebAcappella can only be used on two computers of the licensee. If you install WebAcappella on a multi-user platform, server or network, each user of the software will have to obtain a separate license. No third party will be able to use or install your copy of WebAcappella. Any attribution, sub-licensing, networking, sale or distribution of copies of WebAcappella is strictly forbidden without the prior written consent of Intuisphere. The attribution, sale, sharing, lending, renting, borrowing, networking and transfer of use of WebAcappella will be considered as violations of this contract.

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

2.6 Transfer - You are authorized to transfer your copy of WebAcappella on another computer. Once the transfer is completed, you must remove all the software from the first computer. You can nevertheless make and use a backup copy in case of emergency.

2.7 Restrictions related to intellectual property - The name, logo and image file of Intuisphere representing WebAcappella must not be used in any way to promote products developed with WebAcappella. Any reuse of resources from the software (images/text/script...) is strictly forbidden. This software contains documents subject to copyright, industrial secrets and other proprietary documents. You will not deliver, reveal or transmit to a third person, directly or indirectly, the content of this software. You shall not attempt to modify, reverse engineer, disassemble or decompile WebAcappella or alter or remove any proprietary rights notices or copyrights indicating Intuisphere's ownership of this 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 WebAcappella 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 models proposed in the WebAcappella software are subject to copyright and intellectual property rights.
The WebAcappella user can use these visual resources as well as designs provided exclusively in the framework of the realization of an Internet site created with WebAcappella and not intended for resale.
The user must: not make any modification, duplication, distribution, display, sub-license, retransmission, reproduction, creation of derivative works, transfer, sale or other use of this content on any other medium whatsoever.
The photo credits mentioned on the images of the models of the sites must remain displayed and visible on the sites made with WebAcappella, as they are presented on the models.

Also, the user commits himself not to use this content in a context that could make the images appear in an unfavorable situation or in a way that could harm the models such as (in a non-exhaustive way) :
(1) the use of an image in a pornographic context;
(2) advertising for tobacco and alcohol;
(3) advertising for adult clubs or escort services;
(4) linking to a political cause;
(5) use in a context that is defamatory, illegal, immoral or offending against morality.

IN NO EVENT SHALL WEBACAPPELLA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM FAILURE TO COMPLY WITH ANY OF 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 representations, warranties or conditions 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 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 stop 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 WebAcappella's technical support from WebAcappella's Internet site, information about your license or the configuration of your computer can be transmitted to INTUISPHERE. This information is used to improve the quality of the technical support.

2.13 Resale of licenses - When purchasing WebAcappella licenses in order to resell them to third party users, the resale price cannot exceed 10% of the initial selling price charged on the WebAcappella Website.

2.14 General terms and conditions of the technical support service - Learn more...

3. FREE SOFTWARE

3.1 Use of the free version - You can use the free version of WebAcappella for an unlimited period of time. For more information concerning the purchase of a license to use WebAcappella, please consult the WebAcappella Web site.

3.2 Distribution of the free version - The free version of WebAcappella can be freely distributed provided that : (a) this distribution concerns only 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 any money; (d) you send prior to the distribution an email or a written notification to Intuisphere at the following email address 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, 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. VALIDATION OF THE CONTRACT


By installing on your computer the free version or a paying version of WebAcappella, you declare to have taken knowledge and you commit yourself to respect the general conditions of use of the software.
In the same way, you commit yourself to provide us with exact information concerning your identity. Any false or erroneous information may lead to the termination of your rights.