License

WARNING BEFORE USING NDUNES SOFTWARE BETA, PLEASE READ CAREFULLY THE INFORMATION CONTAINED IN THIS DOCUMENT

  1. License granted: this license sets forth the conditions in which NDUNES S.A.S authorizes Licensee to use on a non-exclusive, non-assignable basis, and for his own needs the NDUNES software beta identified below ("Software"). License is granted for free.
  2. Acceptance by Licensee of this license is not made via a handwritten signature, but via the setup click system. Any derogation from this license cannot be valid unless previously agreed in writing by NDUNES S.A.S. By accepting this license, you and your company, whatever your level of responsibility within such company, undertake to comply with the conditions of this license. If you do not accept the terms of this license, you are not allowed to use the Software and you shall not install the Software.
  3. NDUNES S.A.S shall be under no obligation to provide Licensee with any services.
  4. This license is effective as of the day Licensee accepts the conditions of this license by the setup click system.
  5. The license to use the software is granted for a maximum non-renewable period of 1 year.
  6. Proprietary Rights; Confidentiality; Restrictions. Licensee acknowledges that the Software contains confidential information and trade secrets of NDUNES S.A.S and its licensors. Licensee will not: copy (except as strictly necessary to use the Software in accordance with the terms of section 1 hereof), distribute, sell, sublicense or otherwise transfer or make available the Software or any portion thereof to any third party; remove from view any copyright legend, trademark or confidentiality notice appearing on the Software or Software output; a modify, adapt, translate, reverse engineer, decompile or derive the source code for the Software, or authorize a third party to do any of the foregoing. Licensee will reproduce all of NDUNES S.A.S 's and its licensors' copyright notices and any other proprietary rights notices on all copies of the Software that Licensee makes hereunder. Licensee will use no less than all reasonable efforts to protect the Confidential Information from unauthorized use or disclosure. Licensee will immediately report any violation of this provision to NDUNES S.A.S and shall employ all reasonable means to mitigate any damages or losses that NDUNES S.A.S may incur as a result of any such violation. Licensee's rights in the Software will be limited to those expressly granted in Section 1. NDUNES S.A.S and its licensors reserve all rights and licenses in and to the Software not expressly granted to Licensee hereunder.
  7. Warranty. THE SOFTWARE IS PROVIDED "AS-IS." NDUNES S.A.S DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE IN TRADE.
  8. Acknowledgment of Software. Licensee acknowledges and agrees that: (a) the Software is not an official product and has not been commercially released for sale by NDUNES S.A.S; (b) the Software may not operate properly, be in final form or fully functional; (c) the Software may contain errors, design flaws or other problems; (d) it may not be possible to make the Software fully functional; (e) the information obtained using the Software may not be accurate and may not accurately correspond to information extracted from any database or other source; (f) use of the Software may result in unexpected results, loss of data or communications, project delays or other unpredictable damage or loss; (g) NDUNES S.A.S is under no obligation to release a commercial version of the Software; and (h) NDUNES S.A.S has the right unilaterally to abandon development of the Software, at any time and without any obligation or liability to Licensee. Licensee acknowledges and agrees that it should not rely on the Software for any reason. Licensee is solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Software. Licensee will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of Licensee's use of the Software.
  9. Updates. The software periodically checks for updates and downloads and installs them for you. You may obtain updates only from NDUNES S.A.S or authorized sources, and NDUNES S.A.S may need to update your system to provide you with those updates. By accepting this agreement, Licensee agree to receive these types of automatic updates without any additional notice.
  10. This program includes the program called "REDsdk", which is the property of REDWAY3D S.A.S. REDWAY3D S.A.S holds the intellectual property rights to all of the items included in the REDsdk program, which was filed with the Software Protection Agency located at 249 Rue de Crimée, 75019 Paris, under number IDDN.FR.001.490027.0010S.P.2005.000.10000. As a result, any total or partial reproduction, on any medium whatsoever, as well as the release of all or part of the REDsdk program or the associated documentation, is formally prohibited. Users shall be prohibited from modifying the REDsdk program or the accompanying documentation, changing the trademarks and/or statements of title or copyright and any other distinctive symbol placed thereon. REDWAY3D S.A.S is a registered trademark. Any unauthorized reproduction and/or use is prohibited. For any information or request to reproduce or represent REDsdk program contents, regardless of the medium, users are requested to send their requests by mail, or e-mail to: REDWAY3D S.A.S 60 avenue Rockfeller 96008 Lyon, France E-mail: redway3d@redway3d.com.
  11. Limitation of Liability. EXCEPT AS OTHERWIS REQUIRED BY LAW, THE LIABILITY OF NDUNES S.A.S AND ITS LICENSORS TO LICENSEE OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE, OR FOR ANY ERROR OR DEFECT IN THE SOFTWARE, OR FOR THE PROVISION OF TECHNICAL SUPPORT INSTALLATION, TRAINING OR OTHER SERVICES IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES PAID TO NDUNES S.A.S HEREUNDER. IN NO EVENT WILL NDUNES S.A.S OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS, REVENUE, DATA OR DATA USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. The limitations of liability set forth in this Agreement reflect the allocation of risk negotiated and agreed to by the Parties. The Parties would not enter into this Agreement without these limitations on its liability. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy
  12. General. Licensee may not assign or otherwise transfer, by operation of law or otherwise, any of its rights under this Agreement without NDUNES S.A.S's prior written consent, and any attempted assignment without such consent will be null and of no effect. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, communications and understandings with respect to the evaluation of the Software and shall be construed in accordance with the French law.
  13. Choice of forum. IN THE EVENT OF A DISPUTE, THE PARTIES HEREBY EXPRESSLY AGREE THAT THE PARIS COMMERCIAL COURT SHALL HAVE JURISDICTION, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS, INCLUDING IN THE CASE OF URGENT PROCEEDINGS OR PROTECTIVE MEASURES.
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