"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 medium.
"Use" of the Software means that you have downloaded, installed or are running WebAcappella on a computer or similar device.
"Backup copy" means a non-transferable copy of this software created for archival purposes only and not installed or used on a computer or workstation (or by the number of users covered by a user license) except for backup in an emergency situation.
2. SOFTWARE LICENSE
2.1 License - Intuisphere does not transfer ownership of this Software to you; the license granted to you is not 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 may not permit others to use, copy or evaluate copies of WebAcappella.
Paid versions of WebAcappella may be used for an unlimited period of time without paying a subscription fee.
2.3 Conditions of sale of the licenses - Taking into account its nature (software), the right of retractation envisaged as regards remote sale, cannot be exerted by this one, in accordance with the provisions of the articles L 121-20-2 and following of the Code of consumption. The purchase of a license is therefore firm and definitive and cannot give rise to any exchange or refund.
The demonstration version of WebAcappella allows you to test all the functionalities of the commercial version.
Therefore, you agree to verify the compatibility of your hosting through the use of the free version of WebAcappella before proceeding with 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 on an external media, such as a USB key or external hard drive.
2.4 Restrictions on Use - You must use WebAcappella in accordance with all applicable laws and not for any illegal purpose. Without limiting the foregoing, the use, display or distribution of WebAcappella in association with pornographic, racist, vulgar, obscene, defamatory, abusive, hateful, discriminatory, or otherwise prejudicial material based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of WebAcappella may be used on only two of Licensee's computers. If you are installing WebAcappella on a multi-user platform, server or network, each user of the software must obtain a separate license. No third party may use or install your copy of WebAcappella. Any assignment, sublicensing, networking, sale or distribution of copies of WebAcappella is strictly prohibited without the prior written consent of Intuisphere. Allocation, sale, sharing, lending, renting, borrowing, networking and transferring use of WebAcappella will be considered violations of this Agreement.
2.5 Use on a Laptop - If you have purchased a license to use WebAcappella and 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 allowed to transfer your copy of WebAcappella to another computer. Once the transfer is complete, you must remove the entire software from the first computer. However, you may make and use a backup copy in case of emergency.
2.7 Intellectual Property Restrictions - The Intuisphere name, logo and image file representing WebAcappella shall 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 copyrighted material, trade secrets and other proprietary material. You will not deliver, reveal or transmit to any third party, 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 such software. You may not create derivative works or other works based on the software in whole or in part. 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 : models of the sites
The visual resources (photographs, icons and illustrations) and designs of the site templates offered in the WebAcappella software are subject to copyright and intellectual property rights.
The WebAcappella user may use these visual resources as well as the designs provided exclusively within the framework of the realization of an Internet site created with WebAcappella and not intended for resale.
The user must not modify, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sell or otherwise use this content in any other medium.
The photo credits mentioned on the images of the models of the sites will have to remain displayed and visible on the sites carried out with WebAcappella, as they are presented on the models.
Also the user commits himself not to dispose of this content in a context that could make the images appear in an unfavorable situation or in a way that could be prejudicial to the models such as (in a non exhaustive way):
(1) use of an image in a pornographic setting ;
(2) advertising for tobacco and alcohol;
(3) advertising for adult clubs or escort services;
(4) attachment to a political cause;
(5) use in a defamatory, illegal, immoral or indecent context.
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 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 all claims, proceedings and costs arising out of or relating 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 RELATING TO THIS AGREEMENT, THIS SOFTWARE OR THE USE OF OR INABILITY TO USE THIS SOFTWARE OR ACCESSORIES, PERFORMANCE OR USE OF ANY OTHER ITEM HEREUNDER BASED ON CONTRACT, TORT OR 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 WITHOUT ERROR. WE RECOMMEND THAT YOU 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. Upon termination of this agreement for any reason, you agree to immediately cease using this software and to destroy all copies of this software. Any 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 website, information about your license, or your computer configuration may be transmitted to INTUISPHERE. This information is used to improve the quality of technical support.
2.13 Resale of licenses - When purchasing WebAcappella licenses for resale to third party users, the resale price may not exceed 10% of the initial selling price on the WebAcappella website.
2.14 Technical Support Terms and Conditions - Learn more...
3. FREE SOFTWARE
3.1 Use of the free version - You may use the free version of WebAcappella for an unlimited period of time. For more information about purchasing a license to use WebAcappella, please visit the WebAcappella website.
3.2 Distribution of the free version - The free version of WebAcappella may be freely distributed, provided that: (a) such distribution is only of the original archive provided by Intuisphere. You may not alter, delete or add any files to 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 Intuisphere prior email or written notice to the following email address firstname.lastname@example.org that you are distributing this free version and, if this software is distributed with other media or software, that you obtain Intuisphere's prior written consent. To obtain such prior written consent, please contact Intuisphere. Intuisphere may require you to report to Intuisphere, from time to time, the number of units distributed 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, such 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 to respect the general conditions of use of the software.
You also agree to provide us with accurate information about your identity. Any false or erroneous information may lead to the termination of your rights.