END-USER LICENSE AGREEMENT FOR ZHONGYI PRO® SOFTWARE
ZHONGYI PRO is edited by the micro-entreprise ZHONGYI PRO hereinafter referred to as “THE EDITOR”.
Micro-entreprise ZHONGYI PRO / Yves Donadini
Siren 488 189 788
Siège : Les Adrets, 20 Chemin de Bouvet 07410 Pailhares
Email : contact(arobase)zhongyipro.com
The author and the owner of ZHONGYI PRO is Yves Donadini hereinafter referred to as “THE AUTHOR”.
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (the end user, either an individual or a single entity) and the EDITOR and the AUTHOR for the software product identified above, which includes computer software, its native database, associated media and printed materials, and may include “online” or electronic documentation, all that hereinafter referred to as “SOFTWARE PRODUCT” or “SOFTWARE”.
The SOFTWARE PRODUCT includes all versions, including updates.
“CUSTOM DATA” are the data that the SOFTWARE PRODUCT is able to product: custom modified intern database, texts, exported data.
The SOFTWARE PRODUCT is licensed, not sold.
If you do not agree to any of the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT (and of course its native database) is protected by copyright laws and international copyright treaties (and APP organization).
ZHONGYI PRO is registered trade mark.
All the terms (if no other condition is specified) of this agreement are applicable to the different versions of the SOFTWARE, including the “FREEMIUM” versions or the trail version.
By acquiring a license (even “FREEMIUM” one or a trial version one) you acknowledge your agreement for the entire agreement.
- GRANT OF LICENSE
You can install and use a limited number of the SOFTWARE PRODUCT. This number depends on the used version: One installation for the “FREEMIUM” version or the trail version, two for the “STUDENT” version, four for the “THERAPIST” version, and twelve for the “SCHOOL” version. Each version except the “SCHOOL” version must only be used on one computer at a time and by one person at a time and a “SOFTWARE PRODUCT” license must be purchased for each different user. “SOFTWARE PRODUCT” installations must be done exclusively on computer hard drives. The “THERAPIST” version allows, however, among its four authorized installations, an installation on a USB key.
Each installation must be activated via the Internet to be functional. A copy of the SOFTWARE PRODUCT must be purchased for each different user.
The SOFTWARE PRODUCT is not made in order to run on a network server but in case of this use, you must acquire and dedicate a license for each separate computer or terminal screen on which the SOFTWARE PRODUCT runs or appear.
2.a FREEMIUM VERSION
2.b TRIAL VERSION
- VERSION WITH PERPETUAL LICENSE
Versions of the SOFTWARE PRODUCT with perpetual license are delivered with a free update of the SOFTWARE PRODUCT for 1 year. The only guaranteed compatibility of the SOFTWARE PRODUCT with the operating system of the machine on which it is installed is that indicated on the website when purchasing the SOFTWARE PRODUCT. Under no circumstances can the compatibility of the SOFTWARE PRODUCT be claimed with an operating system that had a release date later than that of the SOFTWARE PRODUCT.
- PRICE CONDITIONS
Prices are quoted in euros, excluding taxes, plus VAT if applicable. It is clearly indicated on the site when the prices are tax-free or all taxes included.
Any sale will be considered final after receipt of the sums due.
An invoice will be established by the “EDITOR” and sent as soon as the sums due are received.
Credit card payments are debited at the time of order.
Payment by check is possible. It can be done only after agreement by exchange of email or phone. The payment will then be considered as definitive after actual collection of the sums due. Access and license numbers will be provided by email.
In case of absence, late payment or incomplete payment, the “EDITOR” reserves the right to restrict or cancel the access of the user and / or to invalidate his license number.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
You may not reverse engineer, decompile, disassemble or translate the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed as a single product. Its native component parts (except CUSTOM DATA) must not be separated for use on other computers where the SOFTWARE PRODUCT is not installed with a valid license.
You must not sell, rent, lease, lend, sublicense, share, redistribute or otherwise allow third parties to use the SOFTWARE PRODUCT directly or indirectly, whether on a time sharing, remote job entry, or service bureau arrangement or to provide commercial hosting services to third parties.
You must not permanently transfer all of your rights under this EULA without the prior written consent of THE EDITOR.
Internet use of the SOFTWARE PRODUCT in a dynamic way is prohibited (in real time or postponed). You must not create or use a site where you deliver services or data from the SOFTWARE PRODUCT in a dynamic way. A prohibited dynamic use of the SOFTWARE PRODUCT is for instance to make a diagnostic or to give treatment on line with the systematic use of the SOFTWARE PRODUCT. Only the exchange of CUSTOM DATA or irregular presentations of static data are allowed. However, you may incorporate in an internet site some downloadable static CUSTOM DATA like some pharmacopoeia formulas (an import/export file created with the SOFTWARE PRODUCT), make an explanation on the study of some special herbs or of a particular pathology with the help of the SOFTWARE PRODUCT provided that these data are static and that you don’t get some direct financial advantage from that.
In case of doubt about the use of the CUSTOM DATA with internet, you must contact THE EDITOR.
Any commercial use of the CUSTOM DATA (with internet or not) is prohibited.
However, if you have a “SCHOOL” license, you can use the software for teaching in a class or in front of students or trainees.
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), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by THE AUTHOR.
The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions (and APP organization).
You will not take any action that jeopardizes the EDITOR’s or THE AUTHOR’s or their licensors’ proprietary rights or acquire any rights in the SOFTWARE PRODUCT, except the limited rights set forth in this EULA.
THE AUTHOR will own all rights in any copy, translation, modification, adaptation or derivation of the SOFTWARE PRODUCT, including any improvement or development thereof.
You may distribute freely (if it is not a commercial use) CUSTOM DATA (custom modified intern database, texts, exported data).
If in these CUSTOM DATA, 10 per cent or more of the data derive from the inner database of the SOFTWARE PRODUCT, the mention “Zhongyi Pro” must be clearly indicated in your job.
The authors of the CUSTOM DATA may take the precaution of protecting their own copyrights. In any case, the copyright of the author of the CUSTOM DATA is only applicable on the new data which is integrated into CUSTOM DATA.
In any case, a copyright cannot be applicable on the composition of a formula of pharmacopoeia.
Neither THE EDITOR nor THE AUTHOR are responsible in any way for the use (by a third party) and the contents of exchanged CUSTOM DATA, particularly if its content may be in violation with copyright laws.
The authors of CUSTOM DATA are entirely responsible for any CUSTOM DATA they export from the SOFTWARE PRODUCT
- “SCHOOL” LICENSE ONLY
A “SCHOOL” LICENSE is required if you want to use the SOFTWARE PRODUCT in the presence and for a group of several people (such as a teacher to his pupils or trainees).
- LIMITATION OF WARANTY, LIMITATION OF LIABILITY:
No returns will be accepted because a free trial version is available.
By buying a license, you declare implicitly that you have verified practically yourself that the SOFTWARE PRODUCT is true to your expectations, by having tested the free freemium version if available or a trial version.
IN VALIDING HEREIN, THE CUSTOMER EXPRESSLY REQUESTS THAT THE EXECUTION OF THE SERVICE BEGINS IMMEDIATELY AFTER ITS PURCHASE, AND REALLY WAIVES HIS RIGHT TO A POSSIBLE PERIOD OF LEGAL WITHDRAWAL. (* THIS PERIOD DEPENDS ON THE LEGISLATION OF THE COUNTRY OF RESIDENCE OF THE USER, 14 DAYS FOR THE EUROPEAN UNION)
By buying a license, you accept the method of licensing used with the SOFTWARE PRODUCT (see : LICENSING INFORMATIONS)
In the case of faulty material, manufacturing defects, the absence of guaranteed characteristics, or damage in transit, THE EDITOR shall replace the SOFTWARE PRODUCT. Further claims shall be admitted only if you have purchased the SOFTWARE PRODUCT from THE EDITOR directly. To invoke the guarantee, you must supply a detailed written description of the fault immediately.
The SOFTWARE PRODUCT requires a regular internet connection that verifies the validity of the license. It contains protection elements that disable it if attempts to change internal code or computer’s internal date are done.
No claim may be made in case of malfunction of the SOFTWARE PRODUCT due to a modification by the user of the internal date of the computer.
If the date change is accidental, simply restoring the correct date and reactivating via the Internet will allow the SOFTWARE PRODUCT to function again.
The SOFTWARE PRODUCT is intended to professional therapist and advanced students (in traditional Chinese medicine or acupuncture)
The use of the SOFTWARE PRODUCT or the ownership of a valid license do not allow you to practice legally traditional Chinese medicine or acupuncture if you have not the legal ability to do it.
If you want to practice traditional Chinese medicine or acupuncture, you must have a legal ability to do it, according to the laws of your country or the country where you want to practice.
The inner database of the SOFTWARE PRODUCT may contain some mistakes, particularly about the contraindications concerning the toxicity of some products of pharmacopoeia.
You, as a competent therapist or advanced student, must be able to verify by yourself the safety, validity and the pertinence of a treatment proposed by the SOFTWARE PRODUCT before using it, and you have to do it before applying the treatment.
Neither THE EDITOR nor THE AUTHOR will be responsible in any way for the consequence of a practical application of a proposed treatment by the SOFTWARE PRODUCT.
Neither THE EDITOR nor THE AUTHOR is responsible in any way for the content and the use of any CUSTOM DATA (sold or exchanged). The user, author of the CUSTOM DATA is responsible for any CUSTOM DATA he sells, exchanges or exports from the SOFTWARE PRODUCT
The content of the inner database of the SOFTWARE PRODUCT is true to the historical traditional Chinese medicine and may contain in its list of products of pharmacopoeia, some endangered species or some other products which use is strictly prohibited by laws. You must verify yourself if the use of the proposed product by the SOFTWARE PRODUCT is legal in the country where you want to practice traditional Chinese medicine. The SOFTWARE PRODUCT and especially THE EDITOR and THE AUTHOR do not encourage the use of prohibited products. Neither THE EDITOR nor THE AUTHOR is responsible in any way for the use by you of prohibited products. It is your responsibility of substituting prohibited products with allowed ones.
The SOFTWARE PRODUCT is able to record a list of therapist’s patients. This list may be protected with a password. If the password is lost, there is no way to reopen a list protected with it. The use a password is on the total responsibility of you. Neither the EDITOR nor the AUTHOR will give any information in order to open a list protected with a password.
In case of computer crash or software bug, you may lost the list of patients. You must take the precaution of saving regularly the list of patients. Neither the EDITOR nor the AUTHOR will give any information in order to recreate an altered list of patients.
The EDITOR and the AUTHOR deny all responsibilities in case of a part of the inner database, CUSTOM DATA or list of patients would be unreadable, stolen, lost, or any situation where the use (or the impossibility to use) of it may prejudice someone or an organization.
No guarantee is given in the case of possible running problems arising from, amongst other things, incompatibilities due to update patches or video drivers or any hardware or software compatibility. Every care has been taken in the elaboration of the SOFTWARE PRODUCT, but the possibility of errors cannot be completely excluded. Neither THE EDITOR nor THE AUTHOR take any responsibility for eventual errors in the code or the data base and their consequences.
THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES PROVIDED WITH RESPECT TO THE OBJECT OF THIS AGREEMENT, AND THEY CONSTITUTE A LIMITED WARRANTY. YOU EXPRESSLY WAIVE ALL OTHER EXPRESS OR LEGAL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL LEGAL WARRANTIES REGARDING LATENT DEFECTS, EVICTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, AND IT IS POSSIBLE THAT ONE OR MORE OF THE AFOREMENTIONED EXCLUSIONS OR LIMITATIONS WILL NOT APPLY. IT IS ALSO POSSIBLE THAT YOUMAY HAVE OTHER WARRANTY RIGHTS, WHICH RIGHTS MAY VARY FROM ONE PLACE TO ANOTHER. UNDER NO CIRCUMSTANCES WILL THE VALUE OF THE WARRANTY EXCEED THE VALUE OF THE PRODUCT SOLD TO YOU AND PAID FOR BY IT. YOU EXPRESSLY WAIVES THE RIGHT TO MAKE ANY WARRANTY CLAIM EXCEEDING THE SAID LIMIT.
Neither THE EDITOR nor THE AUTHOR will be liable towards you for any fault or any direct or indirect damage resulting from the use of the SOFTWARE PRODUCT, and you shall indemnify THE EDITOR and THE AUTHOR and hold it harmless from and against all claims, including all claims under a warranty, in any of the following cases:
- modifications made to the SOFTWARE PRODUCT by a person other than THE AUTHOR or a person reporting to him or entitled by THE EDITOR
- hardware or software modifications or additions made to the computer equipment which affect the proper operation of the SOFTWARE PRODUCT;
- the introduction of a computer virus into the computer equipment which affects the proper operation of the SOFTWARE PRODUCT;
- the loss of business opportunities or income relating to the operation or failure to operate of the SOFTWARE PRODUCT or its components.
UNDER NO CIRCUMSTANCES NEITHER THE EDITOR NOR THE AUTHOR (INCLUDING, IF APPLICABLE, THEIR SUBSIDIARIES AND PARENT COMPANY, AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EXECUTIVES, EMPLOYEES, ASSOCIATES AND DEVELOPERS) WILL BE HELD LIABLE TOWARDS YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS (RESULTING FROM A CONTRACTUAL OR EXTRA-CONTRACTUAL FAULT OR FROM NEGLIGENCE), EVEN IF THE EDITOR OR THE AUTHOR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, AND IT IS POSSIBLE THAT ONE OR MORE OF THE AFOREMENTIONED EXCLUSIONS OR LIMITATIONS WILL NOT APPLY. IT IS ALSO POSSIBLE THAT YOU MAY HAVE OTHER RIGHTS, WHICH RIGHTS MAY VARY FROM ONE PLACE TO ANOTHER. UNDER NO CIRCUMSTANCES WILL THE EDITOR NOR THE AUTHOR’S TOTAL LIABILITY TOWARDS YOU EXCEED THE VALUE OF THE SERVICES RENDERED TO YOU AND PAID FOR BY IT. YOU EXPRESSLY RELEASE THE EDITOR AND THE AUTHOR FROM ANY LIABILITY EXCEEDING THE SAID LIMIT.
- NEWSLETTER, SENDING OF EMAILS
A regular email newsletter is sent to users of the SOFTWARE PRODUCT who have registered on the website or on request. It will not exceed the frequency of two per month. The subscription to the newsletter is obligatory for the users of the “FREEMIUM” version or a trial version. An unsubscription is possible only by renouncing the use of the “FREEMIUM” version. It is possible to delete a “FREEMIUM” license in his own customer space.
- LICENSING INFORMATIONS
A license number is provided to you (on the website in your customer area and by email) by the PUBLISHER once the payment has been accepted.
When using the software for the first time, you are asked to enter the license number and your email address.
After verification (an internet connection is required), if the information provided is correct, the SOFTWARE PRODUCT activates on the computer on which it is installed.
A SOFTWARE PRODUCT cannot operate without activation.
The same license number allows you to install the SOFTWARE PRODUCT on as many computers or USB keys as the license type allows.
The PUBLISHER and the AUTHOR disclaim all liability in the case of fraudulent use of the data (license number and email address) (in case, for example, the previous information was stolen and used by a third party). It is the responsibility of the user to keep the aforementioned information in a safe place so as to avoid fraudulent use by a third party.
The user can in his client area (Internet) manage the list of computers on which the SOFTWARE PRODUCT is installed and activated. The user can for example remove a computer on which he no longer wishes to use the SOFTWARE PRODUCT to activate it on another.
An Internet connection is required at each start of the “FREEMIUM” version or the trial version of the SOFTWARE PRODUCT.
For any other version, a monthly internet connection is required.
This Internet connection verifies the validity of the SOFTWARE PRODUCT license.
- INTERNET SERVICE ACCESS:
The use of the SOFTWARE PRODUCT requires regular access to web servers to verify the validity of the licenses. Monthly access (floating period) is required for paid versions. A simple access of few minutes of low speed connection is sufficient and allows to update the license for an additional month. In the absence of this update, at the end of one month (floating period), the SOFTWARE PRODUCT becomes in FREEMIUM mode without the need of an Internet connection. Once the connection is restored, during only few minutes, the SOFTWARE PRODUCT will return to the operation associated with the license purchased.
The EDITOR cannot guarantee the availability of this Internet access at 100% in time. The user is asked to allow his computer to connect regularly to the Internet when launching the SOFTWARE PRODUCT.
In case of a planned inaccessibility of the servers (like a maintenance for example), the users will be warned by emails (only the users of a paying license).
- SUPPORT SERVICES:
The EDITOR provides technical support for the SOFTWARE PRODUCT through an FAQ section (frequently asked questions) of the website.
The “THERAPIST”, “ACUPUNCTURIST” and “SCHOOL” versions respectively include 5, 5 and 10 individualized free requests to technical support. These requests are made exclusively by email or access to a dedicated Internet system. For perpetual license versions, this technical support service is only free for the first year. For other versions, it is only active during the validity period of the license.
Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to THE EDITOR as part of the Support Services, THE EDITOR may use such information for its business and technical purposes, including for product support and development. THE EDITOR will not utilize such technical information in a form that personally identifies you.
Technical Support or bugs reports are made via email.
The questions must be about the SOFTWARE PRODUCT working or some apparent bugs. No response will be sent to pure TCM question.
- LIABILITIES OF THE USER:
You agree to comply with the rules for use and data transfer (Sections above). Violations of these rules are criminal offences and may also give rise to claims for damages against you from THE EDITOR or THE AUTHOR
In the case of serious violations committed by you, THE EDITOR may revoke the license and demand that the SOFTWARE PRODUCT is returned.
If this EULA is terminated for any reason whatsoever, you shall do as follows:
- a) You shall stop using the SOFTWARE PRODUCT and CUSTOM DATA* made with the SOFTWARE PRODUCT.
- b) You shall return the SOFTWARE PRODUCT to THE EDITOR;
- c) You shall remove the SOFTWARE PRODUCT and CUSTOM DATA* made with the SOFTWARE PRODUCT from all the computers on which you have installed them;
- d) You shall delete the SOFTWARE PRODUCT and CUSTOM DATA* made with the SOFTWARE PRODUCT reproduced by you on any fixed or removable computer medium;
- e) You shall not keep any partial or complete copies of the SOFTWARE PRODUCT and CUSTOM DATA* made with the SOFTWARE PRODUCT;
- f) You shall not keep any copies of any confidential information concerning the SOFTWARE PRODUCT.
(* Are designated here only the CUSTOM DATA made with the SOFTWARE PRODUCT since the moment when you fail to fulfill any of the obligations of this EULA)
THE EDITOR and THE AUTHOR reserve all their rights and recourses against you, including the right to seek an injunction and/or damages, if you refuse or fail to fulfill any of the obligations set forth in this section within the stipulated deadline.
If you do not have a SCHOOL LICENSE, you must not make a public presentation of the SOFTWARE PRODUCT.
If you fail to comply with this last condition, the EDITOR and the AUTHOR reserve all rights and remedies against you, including the right of injunction and / or claim for damages (and the claim for return (at your costs) of all CUSTOM DATA carried out with an illegal license for this use and any profit made with them or with the SOFTWARE PRODUCT), as well as the right to refuse to sell you a LICENSE SCHOOL in the future.
- DATA PROTECTION, CONFIDENTIALITY, GDPR
The site www.zhongyipro.com is hosted by Kalanda
94 avenue de la Sarriette
ZAC Athelia 2
13600 La Ciotat – France
Tél : +33 (0) 9 50 29 90 10
Fax : +33 (0) 4 86 17 21 24
Le site www.zhongyipro.info is hosted by Infomaniak Network SA
INFOMANIAK NETWORK SA – 26, Avenue de la Praille – 1227 Carouge / Genève – SUISSE
Tél. : +41 22 820 35 44 – Fax : +41 22 301 67 69
Email : firstname.lastname@example.org
Website : www.infomaniak.ch
The information about you is recovered in four ways: The first is the spontaneous emails addressed to the EDITOR or the AUTHOR, the second corresponds to the acquisition of a license of the SOFTWARE PRODUCT
By using one of these two means, you consent to the collection, transfer, storage and processing of this data.
These data are exclusively:
– Names, first name, address, emails, phone number,
– License and related order data.
The fourth is the SOFTWARE PRODUCT that connects to the website to verify the validity of the license.
Except for some of the aforementioned data, these data are:
– The number of connections, as well as the dates
– The license number
No other data is collected. In particular, no credit card number is stored at any time.
The use of these data is reserved:
– In the processing of licenses,
– sending emails, newsletters or information via the SOFTWARE PRODUCT itself.
This information may correspond to:
– Provide assistance
– For legal reasons.
– To provide information to representatives and consultants
– Respond to legitimate requests from public authorities
– To transfer your information in case of sale, merger, consolidation, liquidation, reorganization or acquisition
No other use is made. In particular, no information about you is loaned, sold or rented.
The person responsible for your data is the administrator of the aforementioned sites. He can be contacted at the following address: email@example.com
You can request that you be given all the data stored about you.
You may also request that this data be deleted, but some of them being associated with your licenses, deleting them will cause the SOFTWARE PRODUCT to stop working.
In any case, we will keep this data as long as your account is active and / or during the mandatory contractual legal period related to billing, i.e. 5 years after the termination of the contract, in case of invoice, or 12 months after without invoice.
Our databases are encrypted in RC5 technology, protected by password. In addition, your passwords do not exist in clear in these and are also coded.
A daily backup is performed.
All data transfers via the above sites are encrypted (SSL technology).
You may at any time object to any processing of your data as described above to the extent that it does not correspond to a legal obligation.
13.2 Regarding bank card numbers
13.3 Patient data contained in the SOFTWARE PRODUCT
All patient informations are stored in encrypted RC5 technology databases protected by a complex password.
The SOFTWARE PRODUCT internally contains an anti-debugging tool which makes the hacking of the password extremely difficult even for a professional.
The user can use a personal password to protect access to his patients’ data. Beware neither the EDITOR nor the AUTHOR will provide information to be able to find a password lost. It is the sole responsibility of the user to store it in a safe place. A password-protected patient file cannot be read without this password. The SOFTWARE PRODUCT is accompanied by a GDPR file explaining the different implementations of the treatments around the patient information by this one. (GDPR.pdf)
- CONCLUSION OF THE AGREEMENT
You acknowledge that each and every one of the provisions of this EULA is legible and that you did not encounter any difficulties in understanding them.
This EULA constitutes the entire understanding between you, the EDITOR and THE AUTHOR. Declarations, representations, promises or conditions other than those set forth in this EULA shall not be construed in any way so as to contradict, modify or affect the provisions of this EULA.
This EULA shall not be amended or modified except by another written document duly accepted by you, THE EDITOR and THE AUTHOR, if you want an other kind of license. In such a case, you must contact THE EDITOR directly.
- END OF THE AGREEMENT :
Without prejudice to any other rights, THE EDITOR or THE AUTHOR may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must follows the obligations which are described in previous section.
If this EULA is terminated:
- a) Any license issued to you will become invalid. The EDITOR may then deactivate or delete your license from the website, which will have the effect of:
– make any “FREEMIUM” or trial version of the SOFTWARE PRODUCT unusable immediately,
– render unusable no later than 30 days the deactivation / deletion of any other version of the SOFTWARE PRODUCT,
- a) Any amount due to the EDITOR will be due immediately.
The termination of this EULA does not have the effect of causing a party (you, the PUBLISHER or the AUTHOR) to lose any right to release it from any obligation, including with respect to confidentiality, intellectual property, limitation of warranty and limitation of liability. These rights and obligations survive the end of this EULA.
The PUBLISHER reserves the right to modify this contract at any time. This new contract will be applicable to its creation date with the agreement of the user who will be notified. In case of disagreement, the PUBLISHER may terminate the contract binding him to the user, possibly refunding the price of his license in proportion to the time remaining until the expiry of the latter.
- APPLICABLE LAW – LANGUAGE
These general conditions of sale are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute. This agreement is subject to French laws excluding laws dictated by UNCITRAL
The present agreement applies to the SOFTWARE PRODUCT and CUSTOM DATA already delivered and still to be delivered.
If any provision of the agreement is or becomes invalid or if the agreement is incomplete, the remainder of the agreement is not affected.
The invalid provision shall then be replaced by a legally valid provision which comes as close as possible to the invalid provision in its economic effect. The same applies to possible gaps in the agreement.
FOR CONSUMER OR PROFESSIONAL CUSTOMERS, ALL DISPUTES TO WHICH THIS AGREEMENT MAY BE GIVEN, AS REGARDS TO ITS VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND SUITS WILL BE SUBMITTED TO THE COURTS OF INSTANCE OR TRADE OF AUBENAS (FRANCE) WHICH WILL BE EXCLUSIVELY COMPETENT TO SETTLE THEM.
The text of this EULA is under Copyright © 2022 – 2023 – ZHONGYI PRO – Yves Donadini. All rights reserved.