License

END USER LICENSE AGREEMENT

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

This is the End User License Agreement ("EULA") of NDUNES S.A.S, a public limited company incorporated under French law with its office at 13 rue Raymond Losserand 75014 Paris and registered with the Paris Trade and Companies Register under number 882891161 ("NDUNES"). It applies to content generation, creation and visualization software developed by NDUNES, all future patches, updates, upgrades, documentation, data library (Store) and / or related tutorials.

  1. DEFINITIONS

For the execution of this contract, the following terms shall be understood in the sense defined below:

  1. Customer: The natural or legal person who purchases the Software for his or her own use as an End User, or on behalf of a business for one or more End Users.
  1. End User: a natural person acting in the exercise of a profession or enterprise.
  1. . Software: content generation, creation and visualization software developed by NDUNES, all future patches, updates, upgrades, documentation, data library (Store) and / or related tutorials.
  1. . Store: the data library developed by NDunes for its Software and accessible via its website or directly from the Software.
  1. . Web Site: the NDUNES website, accessible via the https://www.ndunes.com/ domain, or subdomains and other domain extensions.
  1. . Order: commercial proposal signed by the Customer containing the Software and Services sold by NDUNES to the Customer.
  1. LICENSE
  1. . The license granted by NDUNES is non-exclusive, non-transferable, and non-sublicensable.
  1. . End User may not: (i) reproduce, distribute, transfer or commercialize the Software in any manner or form; (ii) use or permit the use of the Software for the benefit of third parties, or (iii) modify, adapt, translate or create derivative works from the Software; (iv) modify or circumvent any product, key or license restrictions, or transfer or reassign a named user license or right, so as to allow Licensee to exceed the quantities purchased, circumvent any restrictions on use, or allow multiple users to share such right to exceed the quantities purchased.
  1. . End User may not decompile, reverse engineer, or otherwise disassemble the Software.
  1. NDUNES offers two different user licenses.
  1. The "NON-COMMERCIAL USE" license provides End User with the right to use the Software and Data Library free of charge for non-commercial use in accordance with this "EULA".

"NON-COMMERCIAL USE" covers exclusively the following activities:

The "NON-COMMERCIAL USE" license is provided "as is" to the end user without any service and/or support from NDUNES. If you are unsure about the right to use a "NON-COMMERCIAL USE" license to the NDunes software, you can contact NDunes contact@ndunes.com

  1. . The "COMMERCIAL USE" license provides End User with the right to use the Software and Store for commercial use in accordance with this "EULA" for a monthly subscription.

The "COMMERCIAL USE" license is provided on a subscription basis and is only valid for the duration of the subscription. Licenses for "COMMERCIAL USE" are obligatorily the subject of an "Order" signed between the "Customer" and NDUNES for its own use as an End User, or on behalf of a company for one or more End Users. This Order details the Software and Services purchased by the "Customer" and is governed by this "EULA" and the NDUNES Terms & Conditions (CGV). If you work for a private company or a public or governmental organization, you will need a license for "COMMERCIAL USE". If you have not placed an "Order" with NDUNES and wish to use the software for commercial use, please contact the sales department before installing NDUNES contact@ndunes.com

  1. INTELLECTUAL PROPERTY
  1. . All intellectual property rights related to the Software, documentation and resources provided to the End User shall remain the property of NDUNES. This applies even after termination of the Agreement, regardless the reason for termination. End User obtains only the rights and permissions explicitly granted in this "EULA".
  1. . All intellectual property rights in the materials created by any End User when using the Software remain the property of the End User.
  1. . This program includes the program called ??REDsdk?, which is the property of REDWAY3D S.A.S., a subsidiary of TECHSOFT3D INC. 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.
  1. USAGE
  1. . End User may only use the Software for its own use in accordance with the provisions of this "EULA". End User may not:

a) disassemble the source code of the Software or decompile the Software; b) copy the Software for third parties; c) sublicense the Software or make it available to third parties, through a subscription, service or other means; d) make changes to the Software; e) remove or render illegible any indication of NDUNES as the owner of the Software; f) circumvent the security measures of the Software.

  1. . If NDUNES determines that End User has violated this "EULA" or applicable laws and regulations, or receives a complaint in this regard, NDUNES may take steps to terminate the violation. Such actions may include suspension or termination of access to the Software in whole or in part.
  1. . End User shall follow all reasonable instructions of NDUNES regarding the use of the Software and shall use the Software in accordance with the Documentation.
  1. . End User is responsible for all use of the Software. NDUNES may recover from the End User any loss and/or damage suffered as a result of violations of the "EULA".
  1. VERSIONS
  1. . NDUNES regularly releases with major, minor, and patch updates. These versions enhance the software with new features, add improvements to existing features, or contain bug fixes.
  1. . Updates are identified by a numbering system. As an illustration, in the example "NDUNES X.Y.Z.W", X is the major version number, Y is the minor version number, Z is the patch number, and W is the revision number.
  1. . Releases, major and minor updates, patches and revisions may be released at any time, at NDUNES' sole discretion. The Software will notify End User of the release of any available version or update. The alert requires an active Internet connection. The installation of a new version or updates is only carried out with the explicit consent of the End User.
  1. . Any new version or update may be subject to new conditions. End Users will be notified in advance and will have the opportunity to refuse the installation of a new version or update. End Users may be continually prompted to install the latest version or update until they install it.

Before installing the new version or update, End User must accept the "EULA" through an online validation system.

  1. GUARANTEES
  1. . NDunes will endeavor to keep the Software up to date but cannot provide any warranty as to the operation of the Software other than those provided for in section 6.2 below.
  1. . NDunes guarantees:

a) that the Software, to the best of its knowledge, does not contain any viruses, backdoors or malicious routines. b) that the "Software" is its own work and that it is original within the meaning of artistic literary property law. c) that the "Software" does not infringe the rights of third parties (including intellectual property rights), provided that the software is used in accordance with this EULA and the Documentation

  1. . NDUNES does not guarantee that the functions of the "Software" meet the specific needs of the "Customer" and / or the End User.
  1. . NDUNES does not warrant that the "Software" is free from bugs, errors and defects in design or operation.
  1. LIABILITY
  1. . Given the state of the art in use in its profession, NDUNES, which undertakes to take all possible care in the performance of its obligations, is subject to an obligation of means.
  1. . The Software will be used by the "Customer" and / or the End User under its sole control, direction and responsibility.
  1. . The "Customer" and / or the End User is informed that NDUNES is not responsible for the quality, availability and reliability of telecommunications networks, whatever their nature.
  1. . The "Customer" and / or the End User is informed that NDUNES is not responsible for the quality, availability and reliability of free or paid third-party services, whatever their nature, in particular for the provision of Open Street Map (openstreetmap.org), Cadastre data (cadastre.gouv.fr) or land elevation models (geoservices.ign.fr) ...
  1. . In the event that NDUNES is liable, compensation for all causes, principal, interest and costs, will be limited to the direct and foreseeable damage suffered by the Customer without exceeding the sums paid by the latter, during the last six (6) months, in return for the Software and Services at the origin of the challenge of NDUNES' liability.
  1. . Under no circumstances may NDUNES be held liable either to the "Customer" and / or the End User or to third parties, for any unforeseeable damage and for any indirect damage such as operating loss, loss of profit or image or any other financial loss resulting from the use or inability to use the Software and Services by the "Customer" and / or the End User or from a failure in the provision of the Services as well as any loss or deterioration of information for which NDUNES cannot be held responsible. Any damage suffered by a third party is indirect damage and does not give rise to compensation accordingly.
  1. GDPR PROVISIONS
  1. Nature of data collected.

As part of the use of the Software, NDunes may collect connection data concerning its Users: name, IP addresses, event logs, ... This data is stored in a End User management database.

  1. Communication of personal data to third parties

This data is not communicated to third parties and remains in the End User management database. However, the End User is informed that they may be disclosed pursuant to a law, regulation or pursuant to a decision of a competent regulatory or judicial authority.

  1. Purpose of the reuse of the personal data collected.

NDUNES may use aggregated information for monitoring, administration, or support purposes of Software and Services (information relating to Users or specific groups or categories of Users).

  1. Retention of technical data

The technical data necessary for the Support are kept for the time strictly necessary to achieve the purposes.

  1. Limitation of Liability

Under no circumstances can the commitments defined in the point above relating to notification in the event of a security breach be assimilated to any acknowledgement of fault or responsibility for the occurrence of the incident in question.

  1. Transfer of personal data

NDUNES undertakes not to transfer personal data.

  1. LAW AND JURISDICTION

THIS END USER LICENSE AGREEMENT IS SUBJECT TO FRENCH LAW FOR BOTH FORMAL AND SUBSTANTIVE RULES. IN CASE OF DISPUTE EXPRESS JURISDICTION IS ATTRIBUTED TO THE COMMERCIAL COURT OF PARIS NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL IN WARRANTY.

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