Please read and accept the following agreement in order to have access to our download section.
This legal document is an agreement between you, "the licensee", and ARC Informatique, one of its operating affiliates or one of its third-party suppliers to you, referred to hereinafter as "the licensor".
BY OPENING THIS SOFTWARE PACKAGE OR COPYING, DOWNLOADING INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE SOFTWARE PACKAGE AND DO NOT USE THE SOFTWARE. PROMPTLY RETURN THE UNOPENED SOFTWARE PACKAGE AND OTHER ITEMS (INCLUDING THE ELECTRONIC PROTECTION KEY WHEN ONE IS PART OF THE SOFTWARE PACKAGE) WHICH ARE PART OF THIS PRODUCT TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.
In order to preserve and protect its rights under applicable laws, the licensor distribute and hold the right to software packages intended for the supervision of industrial equipment and communication with this equipment. The licensee acquires the right to use this software package from the licensor under the conditions defined hereafter.
ARTICLE 2 : RESPONSIBILITIES. Because of the nature of the licensed software packages, the licensor undertakes to provide essential technical assistance. The licensor guarantees that its software packages, when correctly used, substantially comply with the technical specifications given in the documentation. The licensee has nonetheless been notified and specifically agrees that with the present state of technology, it is impossible to guarantee that a software package is free of all faults, and that the licensor cannot guarantee that its software packages will operate without faults or downtime. The licensee is therefore responsible for taking all appropriate steps to reduce, insofar as possible, the prejudicial consequences of any incident or operating fault, in particular by notifying the licensor or its distributors of any problem in a timely fashion. The licensee confirms that it holds all the information necessary to enable it to assess the suitability of the software packages to his requirements. The licensee is also responsible for the installation and use of the software packages, and the qualification and competence of its personnel.
NEITHER ARC Informatique NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF ARC Informatique HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This limited warranty is governed by and construed under the laws of the country in which the product purchase took place for the benefit of the licensor, its successors and rightful owners.
ARTICLE 3 : TITLE. The granting of a licence to use the software packages does not imply any transfer of title. The licensor retains title to its software packages and all associated rights.
The licensee therefore undertakes to refrain from :
* modifying the software packages or converting them to any other programming language, decompiling or disassembling them;
* replacing the protection keys supplied with the software packages with any other equivalent system;
* reproducing the software packages or their documentation in part or in whole, except for essential back-up storage.
Should this contract be terminated for any reason, the licensee must:
* certify to the licensor, in writing and within 8 days, that it immediately stopped using the software packages;
* return the software packages to the licensor within one month of termination of the contract, with all corresponding storage media, supplies and documentation;
* guarantee that all back-up copies of the software packages have been returned to the licensor, erased or destroyed.
Should the licensee fail to meet its obligation not to transfer to an unauthorised third party the right to use the software packages and the corresponding documentation, the licensor reserves the right to claim a penalty payment equal to five times the price defined by this licence agreement. This penalty fee shall apply for each proven infraction.
ARTICLE 4 : WARRANTY. As soon as the installation is complete, the licensee must check that the software package supplied complies with the specifications. If the licensee does not send a registered letter to the licensor within fifteen days of the date of delivery noting any reservations, the licensee shall be considered to have accepted the software packages supplied and the conditions of the licence for use. Should the product as supplied be faulty due to damaged magnetic storage media, all media supplied shall be returned and a new copy shall be supplied by the licensor within 8 days. Should the licensee find a fault within 180 days of the date of delivery of the software packages, the licensor undertakes to provide an alternative solution or to try to correct the fault in a later version of the software packages. However, any travel and subsistence costs incurred by the licensor personnel sent to a customer's site for this purpose shall be at the expense of the licensee and shall be invoiced on the basis of receipts. If the request for technical assistance concerns an incident which cannot be attributed to the software package as supplied by the licensor, the licensor shall invoice the time spent at the rate applicable on the day of the servicing, in addition to travel costs. When this guarantee period is over, a follow-up contract for the software packages may be signed between the licensor and the licensee, in particular to maintain this guarantee beyond the initial 180 days period.
ARTICLE 5 : ADVERTISING. Unless the licensee specifically objects in writing, the licensor has the right to give the licensee's name in its list of references for the software packages and to publish this list.
ARTICLE 6 : CONFIDENTIALITY. Both parties undertake not to disclose the documents or information furnished by the other during the term of the contract, and to ensure that its collaborators also respect this condition.
ARTICLE 7 : TERMINATION OF THE CONTRACT. Either party may terminate this contract should the other party fail to perform any of the terms and conditions of the contract. Termination shall be effective one month after notification by registered letter should this registered letter remain without reply. The licensor may also rightfully terminate the contract in case of the licensee is declared bankrupt or must wind up by decision of the court, or in the case of a merger in which a third party takes control of the licensee. In all the above mentioned cases, the licensee must stop using the software packages as per the stipulations of Article 3, "Title". Should the licensor terminate the contract, the licensor shall keep the sums already paid. The licensee undertakes to pay all sums relating to this contract due on the date of termination (whether or not they have already been invoiced). Should the licensee terminate the contract, the conditions of Article 3 shall apply.
ARTICLE 8 : POWER OF JURISDICTION. . This agreement should be governed by and construded in accordance with the substantive laws in force in: (a) The Commonwealth of Massachusetts, United States of America if you obtained a license to the software in the United State of America, Mexico or Canada; or (b) France if you obtained a license to the software in any jurisdiction not described above. It is specifically agreed that if any clause of this agreement is held to be null and void by a court, the rest of the agreement shall remain in force. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
ARTICLE 9 . ACKNOWLEDGEMENT . YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENCE, UNDERSTAND IT AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LICENCE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENCE.
Should you have any further questions concerning the above ARC Informatique Licence Agreement, please contact in writing : ARC Informatique, Customer Sales and Service, 2 Av. de la Cristallerie, F-92310 Sevres.