Please read and accept the following agreement in order to have access to our download section.
This legal document (“License”) is an agreement between you (the "Licensee"), and ARC Informatique SA or one of its licensed distributors ("the Licensor"). The software package contains a complete copy of the current version of the software.
BY DOWNLOADING THIS PACKAGE, 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 DOWNLOAD THE PACKAGE, OR PROMPTLY REMOVE ANY DOWNLOADED PACKAGE AND OTHER ITEMS WHICH ARE PART OF THIS PRODUCT FROM YOUR COMPUTER.
ARC Informatique owns the intellectual property rights to the software enclosed with this License. The Licensee acquires only the right to use this software package from the Licensor strictly in accordance with the conditions defined hereafter.
1. TERMS OF USE. The Licensee hereby is granted the right to use an object code version of the software. The right to use the software packages is granted to the Licensee under the condition that the Licensee has made full payment of the user's fees. This right is not transferable and is not exclusive. It is limited to use by the Licensee only, on a single computer (i.e. with a single CPU) and one site at a time. This License does not include installation by the Licensor of the software on the Licensee’s computer, including the physical connections, nor does it cover maintenance services by Licensor (which can only be provided by separate agreement).
2. CERTAIN RESPONSIBILITIES OF LICENSEE. The software packages, when correctly used, should 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, error, 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 its requirements. The Licensee is responsible for the installation and use of the software packages, and the qualification and competence of its personnel.
NEITHER LICENSOR 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 LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. TITLE. The granting of a license to use the software does not imply any transfer of title. The Licensor retains title to its software and all associated rights. All rights not granted explicitly hereunder are reserved to Licensor. The Licensee shall not:
- modify the software, convert it to any other programming language, decompile, reverse engineer, or disassemble it;
- replace the protection keys supplied with the software packages;
- reproduce the software or its documentation in part or in whole, except for a single copy for essential back-up storage, and then only so long as the copyright and trademark notices included on the software shall be included, without modification or addition, on any copy so made.
- Lease, rent or transfer the software.
Upon termination or expiration of this agreement, the Licensee shall:
- immediately certify to the Licensor, in writing, that it stopped using the software;
- return the software to the Licensor within one month of termination of the License, with all corresponding storage media, supplies and documentation;
- guarantee that all back-up copies of the software have been returned to the Licensor, erased or destroyed.
4. LIMITED WARRANTY. Licensor warrants only that the software package will perform substantially in accordance with its documentation for ninety (90) days following the date Licensee receives it. This warranty is void if failure of the product has resulted from accident, abuse or misapplication. Licensee is the only beneficiary of this warranty.
THIS WARRANTY IS NOT TRANSFERABLE.
In order to take advantage of this warranty, as soon as installation is complete, the Licensee must check that the software supplied complies with specifications. If the Licensee does not send a registered letter to the Licensor within fifteen days of opening the software package noting any reservations, the Licensee shall be considered to have accepted the software packages supplied and the conditions of the license for use. If the product as supplied is faulty due to damaged magnetic storage media, all media supplied shall be returned and a new copy shall be supplied by the Licensor. If the Licensee finds a defect within 90 days of the date of delivery of the software packages, the Licensor shall attempt to provide an alternative solution or 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 the above 90 day guarantee period is over, Licensee and Licensor may mutually agree by separate agreement for the Licensor to provide maintenance of the software package.
LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUREES, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION.
This limited warranty gives Licensee specific legal rights. Licensee may have other rights, which vary from jurisdiction to jurisdiction. Correction of the defect as described herein, or replacement of the software package shall be Licensee’s sole and exclusive remedy in the event of a breach by Licensor of this warranty. In the event this remedy is deemed to fail of its essential purpose, a refund of the amount actually paid by Licensee to Licensor for the software package shall be Licensee’s sole and exclusive alternative remedy.
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.
6. CONFIDENTIALITY. Licensee agrees that the software package and documentation contain confidential information of Licensor, and embody trade secrets developed by Licensor at substantial cost and expense. Licensee shall hold software package and documentation in strict confidence for Licensor and shall allow access to the software package and documentation only to employees of Licensee who have a need to know the information contained therein and upon whom Licensee has imposed a legal duty to protect the software package and documentation. Licensee agrees that failure to comply with this provision would cause Licensor damage that could not be remedied at law, and therefore, without limiting its other remedies available, Licensor shall be entitle to seek injunctive relief to prevent Licensee’s breach or threatened breach of this provision.
7. TERMINATION OF THE CONTRACT. Either party may terminate this License should the other party fail to perform any of the terms and conditions of the License. Termination shall be effective one month after notification by registered letter should this registered letter remain without reply. The License shall also immediately terminate in the event of a filing for insolvency, dissolution or bankruptcy of Licensee, or in the case of a merger or change of 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". The Licensor shall keep the sums already paid prior to termination. The Licensee undertakes to pay all sums relating to this License due on the date of termination (whether or not they have already been invoiced). Should the Licensee terminate the License, the conditions of Article 3 shall apply.
8. JURISDICTION. If the parties are unable to resolve a dispute amicably, any litigation concerning this License shall be submitted to the courts of the Commonwealth of Massachusetts, USA. The License shall be governed by Massachusetts, USA law. It is specifically agreed that if any clause of this License is held to be null and void by a court, the rest of the License shall remain in force. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this License.
9. EXPORT CONTROLS. The software is expressly subject to any applicable export laws of France, Canada, USA or any other government. Notwithstanding any other provision to the contrary, you shall not import, export, or reexport any software, directly or indirectly in violation of those laws.
10. LIMITATION ON GOVERNMENT RIGHTS. To the extent that any agency or department of the United States government acquires rights in the software, it and its related documentation shall qualify as “commercial computer software” and only restricted rights shall be acquired, as follows: (i) if acquired by or on behalf of civilian agencies, in accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successor regulations; or (ii) if acquired by or on behalf of units of the Department of Defense, as defined in 48 C.F.R. 252.227-7014(a)(1) of the Department of Defense Federal Acquisition Regulation Supplement (DFARS) and related documentation in accordance with the terms of end user’s license, as specified in 48. C.F.R. 227.7202.1 of DFARS and its successor regulations.
11. ACKNOWLEDGEMENT. You acknowledge that you have read, understand and agree to be bound by this License; and that it is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements oral or written, and any other communications between the parties relating to the subject matter of the License. If you have any further questions concerning the above License Agreement, please contact in writing. ARC Informatique SA, Customer Sales and Service, 2 Av. de la Cristallerie, F-92310 Sevres, France.