POLYGONAL DESIGN S.A.R.L.
Licence agreement of End-user
 
NOTICE TO USER: PLEASE CAREFULLY READ THIS CONTRACT. BY USING THE SOFTWARE ENTIRELY OR PARTLY, YOU ACCEPT ALL THE CLAUSES AND CONDITIONS OF THIS CONTRACT, INCLUDING, IN PARTICULAR, THE LIMITS RELATING TO: The DESCRIBED USE IN PARAGRAPH 2; CONDITIONS OF TRANSFER DESCRIBED TO PARAGRAPH 4; GUARANTEE DESCRIBED IN PARAGRAPHS 6 AND 7 AND THE RESPONSIBILITY DESCRIBED IN PARAGRAPH 8. YOU RECOGNIZE THAT THIS CONTRACT KEEPS AN EXECUTORY CHARACTER JUST LIKE ANY OTHER WRITTEN CONTRACT THAT YOU WOULD HAVE NEGOTIATED AND SIGNED. IF YOU DO NOT ACCEPT, DO NOT USE THIS SOFTWARE.
 
1. Definitions. The "Software" term indicates (A) all the contents of the files, of the diskette(s), of CD-ROM(s) or any other support provided with this Contract, including, without this enumeration being exhaustive, (i) it (them) data-processing software or data of Polygonal Design or of third, (ii) of the digital images, the photographs of files, the clip arts, the files its or other works artistic ("Additional Files"), (iii) of the files or documents annex written explanatory ("Documentation") like (b) all the levellings, poured modified, updates, additions and copies of the Software, if it is necessary, whose Polygonal Design concedes you the licence (hereafter collectively "Updates"). The term "Use" indicates the access to the Software, its installation, its remote loading, its copy or very other favours drawn from the use of its functionalities in accordance with Documentation. The term "Computer" indicates an electronic instrument which accepts data in numerical format or in a similar format and the draft in order to obtain specific results starting from a sequence of instructions. The term "Polygonal Design" indicates company located in France, 19-21 rue Guibal, at Marseille.
 
2. Software under licence. As long as you will respect the clauses of the End-user Licence agreement (the "Contract"), Polygonal Design concedes you a non-exclusive licence of use of the Software for purposes described in Documentation.
2.1. General use. You are authorized to install and use a specimen of the Software on your compatible computer. No use in network is authorized, including but without this enumeration being exhaustive, the use of the Software directly or using orders, of data or instructions carried out since, or bound for a computer not forming part of your internal network, for services of Web lodging or Internet, or by a user not entitled to use this specimen of the Software by a valid licence of Polygonal Design.
2.2. Backup copy. You are authorized to carry out a backup copy of the Software, as long as you do not install it or use it on a computer. You are not authorized to transfer the rights to a backup copy, except if you transfer all the rights of the Software as stipulated to Paragraph 4."
 
3. Rights of intellectual ownership. The Software and all the copies that Polygonal Design authorizes you to make some are the intellectual property of their owners. The structure, the organization and the code of the Software constitute commercial secrecies of value and confidential information of which Polygonal Design holds the rights of edition. The Software is protected by the royalties, including without limitation by United States Copyright Law (American Law on the royalty), the provisions of the international treaties and the laws in force in the country in which it is used. You should not copy it, except definite manner in Paragraph 2 ("Software under licence"). All the copies which you are authorized to carry out in accordance with the present Contract must contain the same mentions of royalties (copyright) and the same opinions relating to the rights of ownership as those which appear on or in the original Software. You will not, in no case, modify, adapt, arrange or be translating the Software. You will not, in no case, make reverse engineering, decompile, disassemble the Software, nor testing in any other way to discover its source code, except in the strict case where this operation of decompiling would be expressly allowed by the applicable law, where this operation of decompilation would be necessary to get the Software suitable with another software, and having before the achievement of these acts requested from Polygonal Design to provide you necessary information, and stating that Polygonal Design did not provide you required information. Polygonal Design will have the right to impose reasonable conditions and to require the preliminary payment of a reasonable royalty. Any information provided by Polygonal Design or that you will have obtained, as authorized above, should only be used by you for purposes described in this document and do not have to be revealed with thirds or to be used to create a software similar in substance to the expression of the Software. For any request for information, please contact Polygonal Design. Apart the exceptions expressly indicated higher, this Contract does not confer any right of intellectual ownership to you on the Software. 
 
4. Transfer. You are not authorized to rent, to offer in leasing, to grant an under-licence or to authorize the copy of the totality or a part of the Software on the computer of another user, except if you got the specific authorization to do si in this document. You can however transfer all of your user rights to another person or entity provided: (A) you also transfer this Contract, the Software and all the other software or hardware delivered to him with the Software, including all the copies, Mises up to date and preceding versions like all the copies of the software of bills of character converted in other formats, (b) you don't keep any copy, including backup copies stored on a computer, and (c) the recipient accepts the clauses and conditions of this Contract like all the other clauses and conditions under which you bought a licence of the Software legally. Notwithstanding what precedes, you are not authorized to transfer copies of the Software for teaching, tests or resale. 
 
5. Updates. If the Software is an Update of a preceding version of the Software, you must have a valid licence of this preceding version to be able to use the Update. You can continue to use the preceding version of the Software on your computer after having received the Update in order to help you to carry out the transition with this Update, provided that:
the Update and the preceding version are installed on the same computer;
the preceding version or its copies is not transferred to a third or on another computer except if all the copies of the Update are also transferred to this same third or on this same computer;
and you recognized that all the obligations to which Polygonal Design must yield concerning the assumption of responsibility of the preceding version of the Software can end once the Update available. 
 
6. LIMITED GUARANTEE. Polygonal Design guarantees to the person or to the entity who first bought it a licence of the Software in order to use it in accordance with the clauses of this licence the full operation of the Software in accordance with Documentation during eighty ten (90) days as from the reception of the Software, provided that it is used in the recommended hardware configuration. Weak variations of performances compared to the specifications of Documentation do not give place to a right in guarantee. THIS LIMITED GUARANTEE DOES NOT APPLY TO THE UPDATES, TEST VERSIONS, EVALUATION AND NOT FOR RESALE COPIES OF THE SOFTWARE (NFR). In the event of recourse to the guarantee, you must turn over the Software to the place where you got it accompanied by a document in proof of purchase in the ninety (90) days. If the Software does not function primarily in accordance with Documentation, the whole responsibility of Polygonal Design, and your only resort, will limit themselves, with the choice of Polygonal Design, the replacement of the Software or the refunding of the royalty which you paid to obtain the licence of the Software. THE GUARANTEE LIMITED DEFINED IN THIS PARAGRAPH GRANTS SPECIFIC RIGHTS TO YOU. YOU CAN BENEFIT FROM OTHER RIGHTS WHICH VARY FROM A JURISDICTION TO ANTOTHER. For all other information concerning the guarantee, please consult, if it is necessary, information relating to the jurisdictions at the end of this Contract, or contact Polygonal Design.
 
7. EXCLUSIONS. THE ABOVE DESCRIBED LIMITED GUARANTEE DEFINES EXCLUSIVELY THE ACTIONS IN THE EVENT OF VIOLATION OF THE GUARANTEE BY POLYGONAL DESIGN OR ITS SUPPLIERS. POLYGONAL DESIGN AND ITS SUPPLIERS DO NOT GUARANTEE AND CANNOT GUARANTEE THE PERFORMANCES OR THE RESULTS WHICH YOU CAN OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE ABOVE LIMITED GUARANTEE, AND ANY OTHER GUARANTEE, CONDITION, REPRESENTATION OR CLAUSE FOR WHICH THE SAME RIGHTS CANNOT OR DO NOT HAVE TO BE EXCLUDED OR LIMITED BY THE APPLICABLE LAW IN YOUR JURISDICTION, POLYGONAL DESIGN AND ITS SUPPLIERS GIVE NO GUARANTEE, CONDITION, REPRESENTATION OR CLAUSE, SPECIFIC OR IMPLICIT, CONTRACTUAL, COMMON LAW, USUAL, OR REGULAR COMMERCIAL PRACTICES OR DIFFERENT RIGHT RELATING TO OTHER SUBJECTS, INCLUDING WITHOUT THIS BEING RESTRICTIVE, THAT THERE IS NO VIOLATION OF THE RIGHTS OF A THIRD. SOFTWARE INTEGRATION, SATISFACTORY QUALITY OR COMPLIANCY WITH ANY SPECIFIC USE. 
 
8. LIMITATION OF RESPONSIBILITY. IN NO CASE POLYGONAL DESIGN OR ITS SUPPLIERS WILL BE RESPONSIBLE TOWARDS YOU FOR ALL DAMAGE, COMPLAINTS OR ANY COSTS, OR FOR ALL DIRECT OR INDIRECT DAMAGE, OR FOR ANY LOSS OF EARNINGS, TRADING LOSSES, LOSSES OF BENEFIT, AND THIS EVEN IF A REPRESENTATIVE OF POLYGONAL DESIGN WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, LOSSES, COMPLAINTS OR COSTS. IN NO CASE POLYGONAL DESIGN OR ITS SUPPLIERS ASSUME A RESPONSIBILITY TOWARDS YOU IN THE EVENT OF COMPLAINT FROM A THIRD. THE ABOVE LIMITATIONS AND RESTRICTIONS APPLY SINCE THEY ARE AUTHORIZED BY THE APPLICABLE LAW IN YOUR JURISDICTION. The TOTAL RESPONSIBILITY FOR POLYGONAL DESIGN AND THAT OF ITS SUPPLIERS WITHIN The FRAMEWORK OF THIS CONTRACT, IS LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF THERE IS A NEED. No clause in this Contract limits the responsibility for Polygonal Design towards you in the event of death or for body damages resulting from a negligence on behalf of Polygonal Design or in case of a fraud. Polygonal Design acts for its suppliers in order to claim, exclude and/or limit the obligations, the guarantees and the responsibilities stipulated in this Contract, and only about them. For more details, please consult information relating to the jurisdictions at the end of this Contract, if it is necessary, or contact Polygonal Design.
 
9. Export Laws. You accept that the Software will not be used, dispatched, transferred or exported in a way prohibited by the all laws, restrictions or regulations concerning export (hereafter collectively "Export Laws"). Moreover, if the Software is identified as being an article whose export is controlled within the framework of the Export Laws, you declare and guarantee that you are not citizen, or reside, of nation suffuring embargo (including, without this enumeration being exhaustive Iran, Iraq, Syria, Sudan, Libya, Cuba, the North Korea and Serbia) and that the Expor Laws do not prohibit to you either to receive the Software. All the rights of use of the Software are granted provided you don't loose them by not complying with any clause of this Contract.
 
10. Applicable law. This Contract is governed by the French law, and if necessary, only the Commercial court of Marseille, France, is qualified. The French language applies to the whole of any legal procedure, being the acts of a first authority or any continuation of this one. 
 
11. General stipulations. If any of the stipulations of this Contract proves to be null and nonexecutory, the validity and the executory character of the other stipulations will not be affected. This Contract does not affect any legal right of any part acting as a consumer. This Contract could be modified only by one written document signed by a leader of Polygonal Design duly entitled for this purpose. Polygonal Design can concede you the licence of Updates with new stipulations or modifications. This constitutes the integral contract between Polygonal Design and you concerning the Software; it replaces all representations, discussions, companies, communications or former publicities relating to the Software. 
 
12. Notice the end-users of the Government of the United States. The Software and Documentation are "commercial Articles ("Commercial Items") according to the definition given in this term in 48 C.F.R. 2.101. They consist of a "Commercial Data-processing Software" ("Commercial Computer Software") and a "Documentation of the Commercial Data-processing Software" ("Commercial Computer Software Documentation") to the direction where these two expressions are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, according to the case. In accordance with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 with 227.7202-4, according to case's, the Commercial Data-processing Software and the Documentation of the Commercial Data-processing Software are conceded under licence with the end-users of the Government of the (A) United States only by way of Commercial Articles and (b) matched only rights conceded with all the other end-users in accordance with the stipulations of this Contract. New straight reserved under the terms of the laws of the United States on the copyright (royalty). Polygonal Design S.A.R.L. 19-21 rue Guibal, Marseille, France. In the case of End-users of the Government of the United States, Polygonal Design is committed conforming to all the applicable laws on the equal opportunity, including, if it is necessary, with the provisions of the Order in Council (Executive Order) 11246, such as they were modified, Paragraphe 402 of Vietnam Era Veterans Readjustment Assistance Act (law on the assistance with the readjustment of the veterans of Vietnam) of 1974 (38 USC 4212), and Paragraph 503 of Rehabilitation Act (law on the rehabilitation) of 1973, such as he was modified, and with the regulations specified in 41 CFR sections 60-1 to 60-60, The regulations and the provisions relating to the affirmative actions contained in the preceding sentence will be integrated by reference in this Contract.
 
13. Licences compliancy. If you have a commercial activity or are a legal entity, you accept to justify and to certify, in the thirty (30) days following any request from Polygonal Design or one of its authorized representatives, that at the date of the request, you are using softwares of Polygonal Design in conformity with your current Polygonal Design licences.
 
If you have questions concerning this Contract or if you wish to obtain information of Polygonal Design, please use contact information and the address included in this product to contact Polygonal Design. 
 
 
 
