EULA - End User License Agreement
SOFTWARE LICENCE AND LIMITED WARRANTY
This End-User Licence Agreement ("EULA") is a legal agreement for the LPReditor Software Product in which this EULA is contained, which includes computer software, between you and The Author .
The Author of the LPReditor Software Product ( Software Product ) is SARL LPReditor whose coordinates are given below.
By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. You must indicate your agreement to be bound by the terms of this EULA by pressing the "I ACCEPT" button on the Software Product's installation program, or else you will not be able to install the Software Product.
If you do not agree to the terms of this EULA, you may not install or use the Software Product; you may, however, within 30 days of your initial purchase of a copy of the Software Product, return the entire copy of the Software Product (including all computer media, packaging and documentation) either to The Author's Customer Service department or to the retailer from which you purchased the Software Product, for a refund of the amount indicated by your sales receipt for the Software Product, in which event your rights under this EULA are immediately terminated. If you are installing the Software Product on a computer that is not owned by you, you are bound to the terms of this EULA both in your individual capacity and as an agent of the owner of the computer, and your actions will bind the owner of the computer. You represent and warrant to The Author that you have the capacity and authority to enter into this Agreement on your own behalf as well as on behalf of the owner of the computer the Software Product is being installed upon. For purposes of this EULA, the "owner" of a computer is the individual or entity that has legal title to the computer or that has the possessory interest in the computer if it is leased or loaned by the actual title owner.
COPYRIGHT. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product) are owned by The Author or its suppliers.
GRANT OF LICENCE. The Software Product is licenced, not sold. Subject to the condition that you are in compliance with the terms of this EULA: (a) you may install and use one copy of the Software Product, or any previous version for the same operating system, on a single computer for use by a single simultaneous operator; and (b) you may install a single copy of the Software Product, strictly for your own personal use, on one portable computer owned by you. No other use, copying or distribution of the Software Product is permitted. You may not rent the Software Product, nor may you offer use of it to others through a service bureau or application service provider. If you are installing this copy of the Software Product as an upgrade, update, patch or enhancement previous release of the same Software Product which was installed on the same computer, your rights under the previous licence agreement for the Software Product are terminated, and all of your use of the Software Product (including its previous versions) are solely under the terms of this licence agreement.
LIMITATIONS. Except to the extent that such a restriction is unenforceable under local law, you may not reverse engineer, decompile, or disassemble the Software Product. The Software Product is licenced as a single product, and its component parts may not be separated for use on more than one computer. You may not modify, amend, or create derivative works of the Software Product.
TERM. If the Software Product that was distributed to you was labeled as an EVALUATION VERSION or TRY BUY VERSION (or its functional equivalent) (an "Evaluation Version"), the licence granted under this EULA commences upon the installation of the Software Product and is effective for the longer of 90 days following the date you install the Software Product or the first 300 uses (the "Evaluation Term"). Evaluation Version Software Products may include software code intended to disable their functionality after the expiration of the Evaluation Term. You may take no actions to circumvent the operation of such disabling code, and you accept all risks that might arise from such disabling code. If the Software Product was not distributed as an Evaluation Version, or if you converted an Evaluation Version installation of the Software Product to a non-Evaluation Version of the Software Product by authorised use of the conversion mechanism provided with the Software Product (in each case either being or resulting in a "Full-Licence Version"), the licences granted under this EULA commence upon the installation of the Software Product and are effective in perpetuity unless terminated as per the terms of this Agreement.
TERMINATION. Upon the expiration of the Evaluation Term (if any), your rights under this EULA terminate automatically without notice from The Author. Without prejudice to any other rights, The Author may terminate this EULA or your rights under this EULA at any time if you fail to comply with the terms and conditions of this EULA. Upon termination of your rights under this EULA for any reason, or upon termination of the EULA itself, you must destroy all copies of the Software Product and all of its component parts in your possession (including all component parts, the media and printed materials, any previous versions, and this EULA). The terms of this paragraph shall survive any termination of this EULA.
TRANSFER. You may permanently transfer all of your rights under this EULA (except if your rights are in an Evaluation Version), provided you retain no copies, you transfer all copies of the Software Product (including all component parts, the media and printed materials, any prior versions, and this EULA), and the recipient agrees to be subject to the terms of this EULA. Upon the occurrence of such a transfer, your rights under this EULA terminate immediately.
LIMITED WARRANTY. The warranties and disclaimers described in this paragraph are collectively the "Limited Warranty". The Author warrants to you (and only you) that the Software Product will perform substantially in accordance with the accompanying documentation (if any) for a period of ninety (90) days from the date of original purchase of a licence to the Software Product from an authorised retailer or directly from The Author (or the date you have obtained authorisation from The Author or an authorised retailer to convert an Evaluation Version to a Full-Licence Version) (in each case the "Purchase Date"). Implied warranties on the Software Product, to the extent required by applicable law, are limited to ninety (90) days from the Purchase Date. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR AND ITS SUPPLIERS DISCLAIM ALL OTHER Software Product. The Limited Warranty period for any replacement Software Product will be extended for the remainder of the original warranty period or thirty (30) days after the replacement Software Product is delivered to you, whichever is longer. If your licence is for an Evaluation Version, your exclusive remedy for any breach of this EULA, including a breach of the Limited Warranty, shall be to terminate your rights under this EULA. Your remedies described in this paragraph are your exclusive remedies, and shall not be deemed to fail in their essential purpose so long as The Author is willing to repair or replace the Software Product or return the price you paid for the Software Product.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE AUTHOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$5.00. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THIRD PARTY WORKS. To the extent that any third party's intellectual property is incorporated within the Software Product, you agree that such third party is a third-party beneficiary of the terms of this EULA to the extent of the third party's licence to The Author.
GENERAL. This EULA constitutes the entire agreement between you and The Author concerning the Software Product. No terms of any purchase order, acceptance, purported amendment, or any document or communication other than an agreement expressly agreed upon in writing by a duly authorised officer of The Author shall replace, modify, amend or override this EULA. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. No waiver by The Author of any breach of any term or provision of this EULA shall be construed to be a waiver of any preceding or succeeding breach of the same or any other term or provision hereof. Our various rights and remedies hereunder shall be construed to be cumulative and no one of them is exclusive of any other or of any right or remedy allowed by law or in equity.
Should you have any questions concerning this EULA, or if you need to contact The Author for any other reason, please contact:
rond point Benjamin Franklin
34960 Montpellier cedex 02
tel/fax : +33 (0)4 67 13 01 00