License Agreement for «DL-Light Extension»

This license agreement is a legal agreement between you (either an individual or a single company) and De Luminae SARL.

Preamble:
In the following agreement, «Editor» refers to company De Luminae SARL.

In the following agreement, «User» refers to an individual or a single company who has regularly acquired the user license of the software.

In the following agreement, «Software» refers to DL-Light Extension.

Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Software is not sold but licensed.

The User intends to acquire from the Editor a user license of the above-mentioned Software.

Please do read carefully this license before installing the Software. By installing the Software, you agree to be bound by the terms of the present agreement. You will find a copy of the present agreement in the installation directory of the Software. 

If you disagree to the terms of the present agreement, do not install the Software.

Article 1. Definitions:

In the present agreement, each word hereafter defined has the following definition:
- « Software »: executable programs in documented object code, designed to be distributed to several users for an identical use or an identical function, in any version including updates. The Software, subject of this contract, is referred to in the preamble and in the documentation given to the User.
- « Bug »: an error, flaw, failure, or fault in a computer program or system that causes it to produce an incorrect or unexpected result, or to behave in unintended ways.
- « Documentation »: manual and/or online help intended for the User to give information on three aspects: functions, use, installation. The manual and/or online help contains the description of the Software and its use and if needed its parameters.
- « Configuration »: Technical environment containing the hardware and software configuration on which the Software can be used.

Article 2. Object of the contract:
The object of the Contract is to define the conditions under which the Editor grants the User a non-exclusive non-transferable license of use of the Software.

Article 3. Effective date – Duration: 
Le present Contract come into effect upon the completion of the purchase procedure of the Software. The contract is concluded for the legal duration of the term of copyright protection of the Software.

Article 4. Software Usage Rights:
The user license of the Software, granted under the Contract and for its duration, allows the User to use the Software in accordance with its intended purpose and for the User's needs on the current Configuration or on any other substitute computer systems.

The user license is limited to the sole use on a single-user system, excluding network use or server use or use allowing the simultaneous access of several users. However, for ease sake, an installation on a second system (a laptop for example) is allowed as long as the Software is not used on the two systems simultaneously.

The user of the Software, to whom usage rights have been granted, can exclusively be the User himself or herself or one of his/her legal representatives or employees.

In case the User wants to increase the maximal number of licenses that he/she has been granted by the present contract, he/she will contact the Editor who will grant him /her the right to use the Software on the additional number of systems in exchange for payment of a fee based on the public prices at the time of the demand.

Based on the usage rights granted by the present license of use, the User may reproduce the Software for launching, displaying, use or save the Software. The User has on these copies the same rights and obligations as on the licensed copy. In no cases, the saved copy can be used in a way that allows several users to use the Software simultaneously except with the prior written agreement of the Editor.

Except for the rights granted above-mentioned in the present article and without prejudice to them, the User is not authorized to:
- copy, print, transfer, transmit and display all or part of the Software;
- sell, rent, sub-license, give to use or distribute by any means the Software;
- allow a person non mentioned on the present Contract to use the Software;
- modify the Software and/or mix all or part of the Software with other computer programs;
- compile, decompile, disassemble, modify, reverse assemble, reverse engineer the Software or attempt to do it except within the limits stated by the law.

It is expressly stated that the User is not allowed to corrected any Bug by himself/herself, only the Editor retains this right.

Article 5. Intellectual property:
The Editor declares that the Software is his property as defined of the Code of Intellectual Property or that he acquired all necessary rights to conclude the present contract. Parts of the Software contain third-party copyrighted elements. The entries concerning copyrights, license terms and warranty exclusion for these elements are given in the Documentation of the Software.

The usage rights given to the User does not give him/her any intellectual property on the Software.

The User is not allowed to delete, modify or alter in any way the brands, logos and property signs existing in the Software.

Article 7. Responsibility: 
The User does not guarantee that the Software does not contain Bugs and that its functioning will not be interrupted. Consequently, the Editor reminds the User that it is his/her responsibility to take all measures to minimize the consequences of an interruption of the Software use or of a possible loss of data generated by the Software use.

The Editor commits himself to fulfill his contract obligations with all possible care in accordance with professional requirements.

The Editor shall in no event be held liable for any direct or indirect damage resulting from or subsequent to the use of the Software, a flaw in the contract, a serious negligence or an intentional fault of the Editor.

The total responsibility of the Editor shall not exceed the sums effectively received by the Editor under the usage right in the year when the incident has happened.

Article 8. Audit:
For the duration of the present contract, the User grants right to the Editor to verify that the use of the Software by the User meets the stipulations of the present Contract.

The User accepts to let employees of the Editor in charge of the verification to enter his/her premises and access the Configuration or Configurations on which the Software is used and to cooperate in good faith in this verification with the Editor.

The verifications will be conducted during the opening hours of the client in such a manner that it least disturb the Client activities.

Upon the Client request, the Editor commits to signing an individual non disclosure agreement to employees in charge of the verification.

Article 9. Termination:
The Contract may be fully terminated without formalities by the Editor or the User in the event of failure by the Editor or the User to comply to its obligations as defined in the present contract if the failure is not corrected within thirty days following a registered letter defining the failure without prejudice to damages the initiator of the Contract termination may be entitled to.

Upon termination of the present Contract, the User will return to the Editor within thirty days of the termination all the elements constituting the Software including all copies that he or she may have make by ensuring in writing that all copies of the Software have been deleted.

Article 10. Reference:
The Editor may use the User name on a list of references for its internal or external communication needs.

Article 11. Sale:
None of the rights granted by the present Contract can be sold (totally or partially) by the User without a prior written agreement of the Editor.

Article 12. Completeness:
The present Contract expresses the completeness of the agreement of the parts regarding the object of the present Contract. 

Article 13. Contract modifications:
Modification to the present Contract require the signature of an amendment signed by the representatives of each parts.

Article 14. Nullity:
If a stipulation of the present Contract is declared null and void because of a rule of law, It shall be deemed not to have been written but the other stipulations of the Contract shall retain their force and scope.

Article 15. Renunciation:
Unless specified otherwise in the present Contract, the fact that a part has not required the application of an article of the present Contract can in no way be considered as a renunciation to the rights of this part on the article.

Article 16. Applicable law:
The present Contract is subject to French law.

Article 17. Jurisdiction:
In case of any dispute between the parts because of the interpretation or execution of the present Contract, the parts commits themselves to seek an amicable solution.

Failing such a resolution, the dispute will be of the sole competence of Bobigny court (Seine Saint Denis, France).

De Luminae SARL
8 rue Léontine Préaux
93100 Montreuil
RCS 507 832 384
SIRET 507 832 384 00014 – NAF 7490 B
contact@deluminaelab.com
www.deluminaelab.com