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NeoMAD STARTER - SOFTWARE LICENSE AGREEMENT
NEOMADES SAS, RCS Bayonne 492 498 563, a company duly incorporated under the laws of France, with its principal office at Technopole Izarbel – 45 allee Theodore Monod – 64210 BIDART – FRANCE represented by his CEO, Mr. Jean-Gilles HOURSIANGOU,
Hereinafter referred to as "NEOMADES"
Hereinafter referred to as "CUSTOMER"
NEOMADES is specialized in the design and the development of applications and technological solutions for mobile equipments. NEOMADES thus conceived and developed NEOMAD®, an integrated software solution and tools as well as an implementation methodology.
CUSTOMER wants to develop an application for mobiles and tablets. Having the useful information to make a decision, CUSTOMER agrees to conclude the present license and NEOMADES accepts to concede it to him under the conditions hereafter.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS.
Section 1: Definitions
In this Agreement the following expressions shall have the following meanings respectively:
- «Software Packages» :
- It is all components of the NEOMAD offer by NEOMADES, amongst other things all tools, methodology, using examples, runtimes libraries (this list not being exhaustive)
- «Application» :
- This are all the developed products using the SOFTWARE and generated from the tools provided with SOFTWARE for mobile phones.
- «Unique User License Number» :
- The term Unique User License number means the strictly personal and confidential activation key granted by NEOMADES to the CUSTOMER so that he can use all the features of the Software Packages.
Section 2: Purpose
NEOMADES grants CUSTOMER a nonexclusive, inalienable and non transferable right of use of the Software Packages downloadable from the NEOMADES Web Site (http://www.neomades.com). The term “Right of use” refers to the capacity to download, to install, to copy or otherwise benefits from using its functionalities.
Section 3: Scope
The CUSTOMER installs and uses in connection with this contract, a free version of the software packages with reduced functionalities. This is a restricted version for personal use only.
Note: You must sign a license agreement with Neomades to get a full commercial version.
The CUSTOMER can use the software packages on one computer only (one hard drive, screen and keyboard) in association to each Unique User License number issued by Neomades.
The CUSTOMER commits himself using the Software Packages in accordance with the specifications and recommendations which are provided to him by NEOMADES.
Section 4: Rights and Limitations
The CUSTOMER is authorized to:
Install and use software packages on a single computer,
Make one (1) copy of the Software packages in a runtime format solely for backup and archiving.
The CUSTOMER is not allowed to:
Use the Software and make copies of the Software, except as permitted by this license;
Modify, translate, correct software packages;
Making reverse engineer, disassemble, decompile software packages to create any type of derivative software;
Rent, sell, lend, distribute, make available, and transfer by any means and in all media or copy the software packages to any third party.
Delete, modify the Unique User License number, or pass it on to third parties.
Section 5: Property
NEOMADES is the owner of all the rights on the Software Packages. They are protected in accordance with the provisions of the Code of the Intellectual Property. CUSTOMER commits himself not to affect, directly or indirectly with the rights or mentions of NEOMADES or any third parties property which are mentioned on the Software Packages.
NEOMADES will remain owner of any compilation, reproduction, including backup copies, on which CUSTOMER will have to make appear the mention of the rights of NEOMADES. Any modification, adaptation, translation, reverse engineering, reverse compilation of the Software Packages can be made only under the legal conditions applicable.
It is however clearly specified that the Applications developed by CUSTOMER (or on behalf in the case of a subcontract approved in advance by Neomades as described in section 3), using the Software Packages subject of this license will remain the property of CUSTOMER.
Section 6: Maintenance
Neomades doesn't ensure maintenance or support under this license agreement. The CUSTOMER will find directly on the NEOMADES Web Site, potential new versions available and will need to apply again to get it.
Section 7: Disclaimer
It is important to note:
that the Software Packages are used under CUSTOMER responsibility and his control; CUSTOMER must respect the recommendations and specifications of NEOMADES and, as consequences, to take necessary actions to minimize consequences of potential dysfunctions,
that, according to the state of the art, it is impossible to affirm that all the functions of the Software Packages will be working in a uninterrupted way or free from defect,
that CUSTOMER must take all useful backup actions in order to control files, data and programs security.
As far as the applicable law allows, these Software Packages are provided to the CUSTOMER as is, without warranty or guarantee of any kind, written or oral, express or implied. In particular, Neomades does not guarantee that the Software Packages are compatible with the equipments and software configuration of the CUSTOMER or that it will meet the CUSTOMER objectives.
Section 8: Limited responsibilities
As far as the applicable law allows, Neomades cannot be held liable for damages of any nature whatsoever suffered by the CUSTOMER or any third party, or liability resulting directly or indirectly from the use of Software Packages, including loss or damage to data, or any commercial or financial loss resulting from the use or incapacity to use, and this, even if Neomades was advised beforehand of the possibility of such damages.
Section 9: Duration
Unless terminated in any Cancellation under section 10, the contract is concluded for the entire legal term of protection of property rights on the Software Packages.
Section 10: Cancellation
This License will terminate automatically if the CUSTOMER does not respect the terms and conditions of this contract. Assuming the ban of use, the CUSTOMER will be obliged to destroy all copies of the Software Packages that will make or elements of the Software Packages.
Section 11: Independence of the parties
Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture of any kind between the parties or any of them, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Section 12: General Provisions
The present license, including its appendices, expresses the entirety of the agreement between the parties and replaces any former agreement, writing or oral examination, concerning its scope. Any modification of this agreement will be made through an endorsement signed by the parties.
This Agreement shall be governed in accordance with the laws of France and the parties hereby consent to the exclusive jurisdiction of the French courts.