Teklynx Newco SAS Software License Agreement
I- SOFTWARE LICENSING
Teklynx Newco SAS (hereafter "Teklynx") or its affiliated companies hereby grants you a non-exclusive, nontransferable license to use this software and the accompanying documentation according to the following terms:
LICENSE GRANT - You may
1) install and use the software on the number of computers covered by invoices for this license from Teklynx, which are hereby incorporated by reference;
2) use and transmit the software on a network within a site if authorized by an invoice from Teklynx; and
3) make copies of the software in machine readable form for backup purposes only.
Use with Virtualization Technologies. Instead of using the software directly on the licensed computer, you may install and use the software within only one virtual (or otherwise emulated) hardware system on the licensed computer.
LICENSING CONDITIONS -
A - You may not:
1. modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the software or the accompanying documentation;
2. rent, transfer or grant any rights in the software or accompanying documentation without the prior, express written consent of Teklynx;
3. remove any proprietary notices, labels, or marks on the software and accompanying documentation;
4. install and use the license on several computers at the same time.
B - Subscription Software
If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription. If you extend your subscription, you may continue using the software until the end of your extended subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the software or the entire software may stop running.
C – Validation
A validation check may from time to time be performed on the software. Validation verifies that the software is properly licensed. If the software is not properly licensed, the functionality of the software may be affected and the software may not run. For example, you may need to acquire a new license and reactivate the software.
D – Transmission of information
The software may from time to time send technical information to Teklynx relative to license management. This may happen for example during Software Activation, License Transfer or Validation.
Teklynx only uses this information to manage your license rights. This information is not sold or given to any third party. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
E – License conditions:
NATURE OF THIS AGREEMENT - This license is not a sale. License fees paid by you, if any, are in consideration of the licenses granted under this Agreement. Title and copyrights to the software, accompanying documentation, and any copy made by you, remain the property of Teklynx or its suppliers. Unauthorized copying of the software or the accompanying documentation, or failure to comply with the above restrictions, shall automatically terminate this license, without further notice, and terminate your rights to use the software, and Teklynx shall, in addition to its other legal remedies, be entitled to its reasonable attorney fees.
LIMITED WARRANTY - Teklynx warrants that, for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the software, as furnished, under normal use, will perform without significant errors that make it unusable. Teklynx's entire liability and your exclusive remedy under this warranty (which is subject to you returning the software to Teklynx) will be, at the option of Teklynx, to attempt to correct or help you around errors, to replace the software with functionally equivalent software, or to refund the license fee of the software and terminate this Agreement.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, Teklynx MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND Teklynx SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Teklynx DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY - IN NO EVENT WILL Teklynx BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, WHEN LOADING THIS SOFTWARE OR OTHERWISE, OR LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PROGRAM OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF Teklynx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
II-WEBSITE USAGE RULES :
1. Personal information: You certify that all information supplied is true and complete. You accept the recording and electronic storage of this information by TEKLYNX. TEKLYNX commits to not transfer this information to third part without prior expressed authorization from your part.
2. Cancellation: According to French consumption code article L121-20-2, cancellation deadline does not apply in the case of software delivery and therefore you have no cancellation deadline for software ordered on this website
3. Delivery: Your activation key is provided to you right after you have completed your payment; you are in charge of storing it until you activate your license. We deeply advise you to print the license number and activation key displayed. TEKLYNX cannot be hold as responsible for the loss of your activation key between payment and activation.
4. Payment method: The payment of the amount owed, according to the offer selected, has to be done on the secure website interface made for it by credit card. In case of fraudulent payment we would sue you.
Offer validity and duration:
Applicable Laws: The laws of France and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. The parties expressly agree that any disputes concerning this Agreement shall be referred to the Tribunal de Commerce d’Auch (Gers, France), without prejudice to the right of Teklynx to seek injunctive remedies in front of any other jurisdiction.
ENTIRE AGREEMENT - This Agreement is the entire agreement between the parties and supersedes any other communications or advertising with respect to the software and accompanying documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect