You should carefully read all the terms and conditions of this Agreement before continuing to load the Software. This is a license Agreement between Analyses Conseils Informations - A.C.I. (ACI), a French public company, and you (the "LICENSEE"). By pressing on the button "Yes", LICENSEE agrees to be bound by all the terms and conditions of this Agreement.
If you do not agree with these terms and conditions, please immediately return the media containing the Software along with the package to the location where you obtained it for a full refund.
This license only extends to the Software and Documentation for which the LICENSEE has purchased a license for and has received an authorized serial number .
ACI is willing to license the Software and the Documentation to LICENSEE only on the condition that LICENSEE accepts all the terms contained in this license Agreement.
1. OWNERSHIP AND LICENSE
This is a license agreement and NOT an agreement for sale.
ACI continues to own the copy of the Software contained in the package and all other copies that LICENSEE is authorized by the Agreement to make.
LICENSEE's rights to use the Software are specified in this Agreement, and ACI retains all rights not expressly granted to LICENSEE in this Agreement.
2. RIGHTS GRANTED
ACI grants the LICENSEE, a personal and non-exclusive right to use the programs contained on the media for which LICENSEE has purchased a license and has received an authorized serial number and related documentation electronic files (the "Software"). The electronic documentation files are also defined as the “Documentation.”
A. SOFTWARE RIGHTS
For the computer platform(s) and the number of concurrent users indicated on the media labels or other enclosed materials, ACI grants LICENSEE the following rights on the terms and conditions below:
“Single Use,” means that the Software licensed is a single product for a stand-alone computer and a single installation.
“Multi-User,” means the Software licensed is a multi-user product for a network and license fees are on a per concurrent user basis.
“The number of concurrent users,” means the maximum number of simultaneously connected users who are authorized by LICENSEE at a given point in time and for which ACI has received appropriate license fees from LICENSEE.
LICENSEE may:
Single Use:
a) Install and use the Software on any micro-computer, provided the Software is used on one micro-computer at a time.
b) Transfer the Software from one micro-computer to another, provided the Software is used on one micro-computer at a time.
Multi-User:
a) Install and use the Software solely for internal data processing operations on one micro-computer ("server computer") and on client computers in a single client/server computer network; client/server computer network refers to arrangements in which several microcomputers ("client computers") are connected to another computer ("server computer") dedicated to managing communications, storing common data in a database and providing database services requested by the client computers.
b) Install and use the Software on only one server computer at a time.
c) Transfer the Software from one server computer to another, provided the Software is used on one server computer at time.
d) Use the Software on as many client computers as necessary in order to satisfy for LICENSEE's needs, provided Software is used by no more than the maximum number of licensed concurrent users.
Single Use and Multi-User:
a) Transfer the Software on a hard disk only for use as described above provided that LICENSEE does not use the original media on another computer at the same time and that LICENSEE can immediately prove ownership of the original media.
b) Make one (1) copy of the Software for back-up and archival purposes and in executable form, provided that LICENSEE reproduces all the copyright, trademark and other proprietary notices which appear on or in the Software.
c) Transfer all LICENSEE's right to use the Software to a third party, provided that LICENSEE transfers this Agreement, the Software including all copies, updates and prior versions, and all documentation to such third party and provided that LICENSEE retains no copies of the Software. Such transfer involves the termination of the license granted to LICENSEE who no longer has any right to use the Software.
LICENSEE may not:
Single Use:
Install the Software on a network. (If LICENSEE wishes to use the Software on more than one micro-computer, LICENSEE must obtain an additional license, subject to ACI’s standard fees in effect at the time of order.)
Transfer the Software to another computer platform or operating system. (LICENSEE must pay a license fee according to ACI’s standard fees in effect at a time for such a transfer.)
Multi-User:
Transfer to another computer platform or operating system and/or use of the Software with more concurrent users. (LICENSEE must pay a license fee according to ACI’s standard fees in effect at a time for such a transfer or increase of concurrent users.)
Single Use and Multi-User:
a) Rent or share the Software or grant any kind of rights regarding the Software or any portion thereof (except the rights granted in article 2) in any form to any third party without the prior written consent of ACI, which if given, is subject to the conferee's consent to the terms and conditions of this license.
b) Modify, translate, reverse-engineer, decompile, disassemble, partially or completely, the Software, except as otherwise mentioned by the legislative measures in force.
c) Remove or alter any Software identification, proprietary notice, labels or trademarks which appear on or in the Software.
d) Use the back-up and archival copy (or allow anyone else to use such copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.
e) Disclose the results of any benchmark or other test of the Software, without ACI's prior written consent.
B. ELECTRONIC DOCUMENTATION RIGHTS
LICENSEE may:
a) Print the Electronic Documentation for use with the Software.
b) Transfer the HTML files to a server for use on LICENSEE's intranet.
c) Transfer the Electronic Documentation on a hard drive for LICENSEE's use with the Software.
LICENSEE may not:
a) Distribute the Documentation.
b) Transfer the Documentation in any manner that causes it to be accessed on the Internet.
C. OTHER RIGHTS
The Software may include one or more libraries, files or other items intended to help LICENSEE use the Software. ACI grants LICENSEE the right to use these libraries, files and other items provided LICENSEE complies with the terms of this Agreement and any terms specific to the libraries or files. LICENSEE should refer to the Documentation and the "Read me" file included in the Software for additional information and terms.
3. TECHNICAL SUPPORT SERVICES AND UPDATE RIGHTS
If LICENSEE wants to obtain technical support services and update rights to the Software from ACI, LICENSEE MUST REGISTER THE SOFTWARE, BY APPROPRIATE MEANS, AS SOON AS POSSIBLE.
If LICENSEE purchases an updated version of the Software, it constitutes a single product with the Software LICENSEE updated.
If the package contains an update, LICENSEE agrees to all to the terms of this Agreement which replaces the previous software version or release license.
4. LIMITED WARRANTY & LIABILITY
ACI exclusively warrants that the Software is recorded on a medium free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the sales receipt, provided that LICENSEE returns the Software to the location where the Software was obtained.
In case of such failure, ACI's entire liability and LICENSEE's entire remedy shall be, at ACI's option, either:
a) the replacement of the media, being agreed that the replacement Software will be warranted for the remainder of the original warranty period, or
b) the refund of the license fee paid for the Software and the termination of this contract.
However, if the failure has resulted from an accident, abuse or a misapplication, ACI shall have no responsibility to replace the media or refund the license fee.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE , AND NON-INFRINGEMENT TO THIRD PARTY RIGHTS.
More specifically, ACI does not warrant that the functions included in the Software will meet LICENSEE's requirements or that the operation will be uninterrupted or error free. The entire risk as to the use, quality, and performance of the Software is with LICENSEE.
NEITHER ACI NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE DESIGN, PRODUCTION, OR DISTRIBUTION OF THE SOFTWARE WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES CAUSED TO LICENSEE, ANY USER OR THIRD PARTY, INCLUDING BUT NOT LIMITED, TO THE LOSS OF PROFITS, LOSS OF DATA OR ANY OTHER FINANCIAL LOSS ARISING FROM THE USE OF THE PROGRAM OR INABILITY TO USE IT EVEN IF ACI HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ACI'S LIABILITY SHALL NOT EXCEED THE AMOUNT OF MONEY IN APPLICATION OF THIS LICENSE OF AGREEMENT.
The foregoing does not affect or prejudice LICENSEE's statutory rights.
5. INTELLECTUAL PROPERTY
The Software is the intellectual property of ACI and/or its suppliers and is protected by French copyright law, international treaty provisions, and applicable laws of the country in which it is being used.
Trademarks, logos and tradenames quoted in the Agreement, on or in the Software are the property of their respective owners.
Any reproduction whether whole or partial of the Software is only granted on the absolute condition that it contains all the legal specifications of the Software property.
6. CONFIDENTIALITY
The structure and organization of the Software are valuable trade secrets and confidential information of ACI and its suppliers. LICENSEE shall not disclose such trade secrets.
7. TERM & TERMINATION
This license is effective until terminated.
The LICENSEE may terminate a License at any time without cause upon written notice. This termination shall not relieve the LICENSEE from its liability arising before the termination date.
If the LICENSEE fails to comply with any provision of this Agreement, this license and your right to use the Software automatically terminate. This termination does not prevent ACI from claiming any further damages.
Upon termination for any reason, the LICENSEE shall destroy or return the Software and , any copy made whether partial or whole, to ACI
The LICENSEE shall certify by means of a written document duly signed by a legal representative that the provisions of the present article have been respected within a time limit of thirty (30) days from the date of termination.
8. MISCELLANEOUS PROVISIONS
LICENSEE shall not directly or indirectly transfer the Software to any country to which such transfer would be prohibited by any applicable export control laws.
No change or modification to this Agreement will be valid unless it is in writing, and is signed by LICENSEE and an authorized officer of ACI.
If any provision of this Agreement is held to be unenforceable upon a definite legal, statutory or judicial determination, the remainder of this Agreement shall continue in full force and effect.
The waiver by ACI of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.
This is the entire agreement between ACI and LICENSEE relating to the contents of this package. This Agreement supersedes any prior purchase order, communications, advertising or representations concerning the contents of the package.
The relationship between ACI and the LICENSEE is that of LICENSOR/LICENSEE. In all matters relating to the present Agreement, the LICENSEE will act as an independent party.
This Agreement will be governed by the laws in force in the country/state where ACI or the local ACI subsidiary or distributor is located. Any dispute, controversy or claim arising out of or related to this Agreement shall be settled by adjudication before the competent courts of the country/state where LICENSEE has obtained this Software. In the United States, Venue shall be in Santa Clara County, California.
THE LICENSEE ACKNOWLEDGES TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT PRINTED ABOVE.
Should LICENSEE have any questions concerning this Agreement or wish to request any information from ACI, please contact ACI (33) 1 40 87 92 00 or the local ACI subsidiary serving your country.
* Notice to United States Government end-users:
Use, duplication or disclosure by the US Government is subject to restrictions stated in paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.
All ACI product names are registered trademarks of ACI SA.
All other tradenames and trademarks are trademarks or registered trademarks of their respective holders
