OCCT Pro COMMERCIAL USE LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY
This OCCT Pro Commercial Use License Agreement is a legal agreement between you (the legal representative of your company) and OCBASE for the OCCT software product identified above, which includes computer software and associated media and printed materials, and may include â€śonlineâ€ť or electronic documentation. By installing, copying, or otherwise using the software, you agree to be bound by the terms of this agreement.
1. OCCT Pro LICENSEOCCT Pro is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. OCCT Pro is licensed, not sold.
1.1. GRANT OF LICENSEThis License Agreement grants you the following limited, non-transferable and non-exclusive rights : (a) You may install and use OCCT Pro on any computer that is a part of your company, or part of your commercial activity. (b) You may not copy or redistribute OCCT Pro for commercial and non-commercial purposes outside your company. (c) You may not modify, reverse engineer or disassemble any part of the software. (d) You may not remove or modify any of the OCBASE copyright notices in OCCT Pro. (e) You may not sell, loan, donate, distribute, reveal or transfer in any way OCCT Pro to any party outside your company.
Additional licensing from OCBASE is required for any other purpose not specifically granted above. For further information, please contact:
80 rue de l'abbĂ© de l'Ă©pĂ©e
59500 DOUAI FRANCE
1.2. ALL SALES FINALThe purchase of OCCT Pro is non-refundable and all sales are considered final.
1.3. COPYRIGHTOCBASE is the sole developer and owner of OCCT Pro. You, as user of the OCCT Pro, acknowledge and agree that OCCT Pro is a proprietary product of OCBASE under the French and European copyright laws and prevailing copyright laws throughout the world. You further acknowledge and agree that all right, title, and interest in and to OCCT Pro, including associated intellectual property rights, are and shall remain with OCBASE, and you agree not to contest OCBASE's ownership or the validity of OCBASE's rights. This License Agreement does not convey to you an interest in or to OCCT Pro, but only a limited right to use the work, which is revocable in accordance with the terms of this License Agreement.
You assume responsibility for the selection of this program to achieve your intended results, and for its installation and subsequent use.
1.5. UPDATESOCCT Pro updates (including, but not limited to : bug fixes, upgrades, hot fixes, enhancements, modifications, new releases) are provided in the sole discretion of OCBASE. If OCBASE does provide you with any updates, such updates shall be subject to the terms and conditions of this Agreement (including the License) or such agreement, if any, which accompanies such updates.
2. RIGHTS OF OCBASEYou acknowledge and agree that the OCCT Pro contains proprietary material of OCBASE protected under French and International copyright, trademark, and trade secret laws and conventions. All right, title, and interest in OCCT Pro and are, and shall remain, with OCBASE. This Agreement does not convey to you any title or interest in and to OCCT Pro, only the limited right of use which may be terminated as provided for herein. You agree to use your best efforts to protect the OCCT Pro from use, reproduction, or other distribution except as specifically allowed under this Agreement.
3. TERMThis license is effective until terminated. You may terminate this license at any time by returning all copies of OCCT Pro to OCBASE. This license will automatically terminate without notice from OCBASE if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy all copies of OCCT Pro.
4. DISCLAIMER OF WARRANTYTHIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS." OCBASE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS SOFWARE OR SUCH FILES. OCBASE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The entire risk as to the quality and performance of OCCT Pro is with you. Should OCCT Pro prove defective, you (and not OCBASE or any authorized dealers of OCBASE products) assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The foregoing does not affect or prejudice your statutory rights. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it.
5. LIMITATION OF LIABILITYIN NO EVENT WILL OCBASE BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLAIMS OR ACTIONS, ARISING OUT OF THE USE OR INABILITY TO USE OCCT PRO, EVEN IF OCBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR ACTIONS. FURTHER, IN NO EVENT WILL OCBASE BE LIABLE FOR ANY CLAIMS BY ANY OTHER PARTY ARISING OUT OF YOUR USE OF OCCT PRO AND OCCT LIVE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.
6. GOVERNING LAWThis Agreement shall be governed by and construed in accordance with the laws of France. Any legal proceedings arising under this Agreement shall be instituted only in the courts of France. The parties opt out of the United Nations Convention on the Sale of Goods and choose the laws of the France to apply to the Agreement and performance hereunder.
7. SEVERABILITYShould any term of this Agreement be declared invalid, illegal, void, or not enforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining terms shall remain in full force and effect.
8. WAIVERThe waiver or failure of either party to exercise or enforce in any respect any of its rights provided for in this Agreement or take action against the other party in the event of a breach of this Agreement shall not be deemed a waiver of any further right under this Agreement by such party or the right to subsequent enforcement of its rights or actions in the event of subsequent or the same breaches by the other party. Should you have any questions concerning this Agreement, you may contact OCBASE by writing:
80 rue de l'abbĂ© de l'Ă©pĂ©e
9. TRADEMARKSThe names of companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.
10. COMPLETE AGREEMENTBY USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND OCBASE REGARDING THE SUBJECT MATTER HEREOF AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND OCBASE RELATING TO THE SUBJECT MATTER OF THIS
12. OPTIONAL SUPPORT SERVICESAt your option and expense, and under a separate agreement, OCBASE may provide you with support services related to your use of OCCT Pro. Any supplemental software code provided to you as part of the support services shall be considered part of OCCT Pro and subject to the terms and conditions of this License Agreement.
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