VISIOGLOBE END USER LICENSE AGREEMENT
PLEASE READ CAREFULLY THE TERMS OF THIS END USER LICENSE AGREEMENT HEREINAFTER (“LICENSE”).
BY DOWNLOADING, INSTALLING OR USING ALL OR PORTION OF THE APPLICATION, YOU ENTIRELY AND UNCONDITIONALLY ACCEPT TO BE BOUND BY THESE TERMS AND CONDITIONS INCLUDING THE LIMITED WARRANTY AND LIABILITY.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
VISIOGLOBE AND ITS SUPPLIERS OWN ALL INTELLECTUAL PROPERTY IN THE APPLICATION. THE APPLICATION IS LICENSED, NOT SOLD. VISIOGLOBE PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE APPLICATION ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
1. Definitions. “VISIOGLOBE” means VISIOGLOBE SAS – 55 rue Blaise Pascal, 38330 Montbonnot-Saint-Martin – FRANCE, a company organized under the laws of France.
“Application” shall mean any application or SDK or web plugin downloaded from the web site www.visioglobe.com, in executable object code form with its associated documentation available on line any modified versions and copies of, and upgrades, updates and additions, provided to you by VISIOGLOBE at any time, to the extent not provided under a separate agreement.
“Device” means any physical device on which a Visioglobe Application is installed, including but not limited to PC, mobile phone, tablet, etc.
2. License. VISIOGLOBE grants you, a personal, non-transferable and non exclusive license to use the Application in object code form on one device at a time for you and for your own personal needs. “Use” means to install, store, load, execute and display the Application in accordance with the specifications as described in the documentation and in the terms and conditions of this Agreement.
3. Use restrictions. You shall not :
reproduce by any means the Application for any purpose other that a backup purpose for safety reasons;
make the Application and its associated documentation directly or indirectly available to any third party by any means such as rent, lease, or sublicense;
adapt, modify, change, arrange the Application with the purpose of creating and/or marketing new or derivative functions and/or derivative application or a new application;
transcribe or translate, directly or indirectly, in other languages or modify even partially the Application;
decompile or reverse engineer the Application subject to the current applicable law and solely for interoperability purposes
4. Intellectual Property Ownership. The Application and any authorized copies are the intellectual property of and are owned by VISIOGLOBE and its suppliers. The structure, organization and code of the Application are the valuable trade secrets and confidential information of VISIOGLOBE and its suppliers. The Application is protected by law, including but not limited to the copyright laws of France and other countries, and by international treaty provisions. This Agreement does not assign to you any title or ownership in the Application and all rights not expressly granted are reserved by VISIOGLOBE and its suppliers.
You shall not infringe, directly or indirectly, VISIOGLOBE ‘s intellectual property rights and take any steps to protect such copyright. You shall not remove or alter the copyright or proprietary notices on any part of the Application or the documentation
5. Limited warranty. To the maximum extent permitted by applicable law, VISIOGLOBE and its suppliers provide the Application “as is” and with all faults, and hereby disclaim all indemnities, warranties and conditions, either express, implied, including, but not limited to, warranties of title and non-infringement, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose. VISIOGLOBE does not warrant that the operation of the Application will be uninterrupted or error free or that the Application will meet your requirements. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.
6. Limitation of liability. The operation of the APPLICATION is under YOUR sole liability, management and control. Any use of the results obtained through the operation of the APPLICATION shall be under your sole control and liability.
IN NO EVENT WILL VISIOGLOBE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN VISIOGLOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. VISIOGLOBE’S AGGREGATE LIABILITY AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE APPLICATION, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
7. Governing Law. This agreement will be governed by and construed in accordance with the substantive laws in force in France. The court of Lyon shall each have exclusive jurisdiction over all disputes relating to this agreement.
8. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which will remain valid and enforceable according to its terms. This Agreement will not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of VISIOGLOBE. This is the entire agreement between VISIOGLOBE and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.