License and Service Agreement for SOLIDReporter products of LOGOPRESS SAS
The following terms and conditions (referred to as the "Agreement” or “License Agreement") establish and define the agreement between you (a single individual or legal entity), hereinafter referred to as "you", and LOGOPRESS SAS, hereinafter referred to as LOGOPRESS, whose registered office is located in POUILLEY LES VIGNES 25115 - France and covering all software modules and associated services, paper or digital documents, known as SOLIDReporter and of which LOGOPRESS is the publisher, hereinafter referred to as "the Software" or "the SOLIDReporter software". Unless otherwise stipulated, this contract also covers all changes or corrections to SOLIDReporter to which you may subsequently have access, (i) as part of the warranty described below or (ii) as part of any changes/upgrades that LOGOPRESS may offer for the Software for which you have acquired a right of use.
SOLIDReporter SOLO software is designed to work with SOLIDWORKS® software (published by Dassault Systèmes SolidWorks Corporation) in the unique SOLIDWORKS® version number you choose when installing it.
The SOLIDReporter TEAM REPORT (YYYY) software is designed to collect, process and synthesize data from different users of the SOLIDReporter SOLO software, provided that these users do not use a SOLIDWORKS® version later than the (YYYY) version.
This contract does not apply to the SOLIDWORKS® product.
This Agreement is a license agreement and not a sales agreement.
LOGOPRESS provides you with a non-exclusive and non-transferable right of use defined by the terms of this Agreement. Carefully read the terms and conditions of this Agreement before installing the SOLIDReporter software. By installing the SOLIDReporter software, you accept the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, do not install the SOLIDReporter software and inform us, within 15 days of the invoice date of your wish to obtain a refund of any sums already paid for the use of this product (Note that the sums refunded will systematically be reduced by our service charges and bank charges fixed at €20/license (twenty Euros) or US$25/license (twenty-five US Dollars), depending on the currency of the involved invoice).
1 - SOLIDReporter software license grant:
1. A General licensing conditions:
LOGOPRESS grants you a non-exclusive, non-transferable, perpetual license to use the Software and user documents in electronic form that accompany the Software, under the terms and conditions of this Agreement. This Agreement is given for a single user identified by a single email address. This identification by email address is immutable and works like a paper business card that remains unmodifiable after validation. If the identified user changes, for any reason whatsoever, a new license will have to be purchased (however, in case of an initial input error, you have 3 months after purchase to request the correction of the incorrect email address. The old email address will then be permanently cancelled and deactivated). You are not authorized to use the Software if you are not the owner of the email address declared at the time of registration.
You may not provide access to the right to use the Software to a third party and consequently, you may not sell, license, sub-license, transfer, assign or lease the software and its right to use to another end user. The right of use granted to you is non-transferable. You may not modify the SOLIDReporter software or attempt to decompile or disassemble it to obtain the source code.
1.B Additional licensing conditions for SOLIDReporter SOLO:
- SOLIDReporter SOLO is an add-in for SOLIDWORKS® for a single version of SOLIDWORKS®, to be set at product registration (you therefore need one copy of SOLO per SOLIDWORKS® version used). This licensing policy allows us to offer free maintenance as long as you keep the same SOLIDWORKS® version.
- Your SOLIDReporter SOLO copy can be installed on as many computers as you wish if, and only if, it is used by the same identified user.
- An Internet connection is required when you install/register your copy. Its daily use does not require the Internet except at least once a month for the generation of summary reports.
- Reports can be generated from a maximum of 3 different computers over the same 1 month period (from the first to the last day of the month).
1.C Additional licensing conditions for SOLIDReporter TEAM REPORT:
- SOLIDReporter TEAM REPORT (YYYY) is installed outside SOLIDWORKS®. Its first purpose is to compile and analyze a dataset created by several users of the SOLO version to produce group reports, provided that these users do not use a SOLIDWORKS® version later than the (YYYY) version.
- Your SOLIDReporter TEAM REPORT copy can be installed on as many computers as you wish, if, and only if, it is used by the same identified user.
- An Internet connection is required when you install/register your copy. Its use may also require a connection for generating reports.
1.D License security mechanisms:
LOGOPRESS tries to take all necessary legal and practical measures to eliminate piracy from its Software. In this context, the Software may include a security mechanism that detects the illegal installation or use of copies, and collects and transmits data on these illegal copies. The information collected does not include data created with the Software and belonging to customers (project names, file names, usage time). By using the Software, you agree that such information may be detected, collected, transmitted and then used if an illegal copy is detected. LOGOPRESS also reserves the right to use a locking system to control access to the Software. You are not allowed to use the Software if you are not the owner of the email address declared at the time of registration.
2 - Property rights:
LOGOPRESS, its suppliers or licensors own and retain copyright, trademark, and intellectual property rights of the Software and documentation. The Software is protected by international copyright and intellectual property laws and treaties. The Software is not sold but licensed. You may copy the Software to another storage space for backup purposes only or as provided in this license agreement. You may not remove any copyright or proprietary notices from the Software and/or its documentation.
The Software includes software and documentation from a third party which shall be subject to any obligations or restrictions imposed by such third party’s license terms and which shall only be used by you in connection with the Software and for the term of the respective license grant.
3 - Maintenance Services:
3.A New versions:
Access to any (i) bug fixes and/or (ii) new versions of the SOLIDReporter software may be made at no additional cost via the dedicated website https://www.SOLIDReporter.com under the following conditions:
- Have an active Serial Number for the software
Keep the same SOLIDWORKS® version level as declared when registering the SOLIDReporter software.
The copies provided as part of the maintenance service cancel and supersede the existing copies.
Access to the customer support area may also be provided free of charge, 7 days a week, 24 hours a day, only if the 2 above conditions, described in article 3.A, are met, via our website https://www.SOLIDReporter.com. Within the limits of the availability of our website, this access is open for:
|Report of bugs||Without time limit|
|Assistance in use||Within 12 months of purchasing the license|
|Technical questions||Within 12 months of purchasing the license|
Our support team (subject to reasonable requests from you) will use its best efforts to answer questions by email during its normal working hours.
3.C Impact on the Maintenance when upgrading the SOLIDWORKS® version:
3.C.1 Case of SOLIDReporter SOLO:
Maintenance of the purchased SOLIDReporter SOLO license is exclusively provided as long as you use the SOLIDWORKS® version declared during the Software initial registration.
3.C.2 Case of SOLIDReporter TEAM REPORT:
Maintenance of the purchased SOLIDReporter TEAM REPORT YYYY license is exclusively provided as long as there’s no SOLIDReporter SOLO user who would run a SOLIDWORKS® version (YYYY+1) or later.
4 – Term/Termination:
The license to use the Software covered by this Agreement is granted for an unlimited period of time (subject to the details below in this Article ), as long as the identified user of the Software maintains the same SOLIDWORKS® version level as the one declared when registering the SOLIDReporter software.
(i) in the event of non-payment or partial payment of the Software license beyond 30 days following its order, LOGOPRESS may automatically terminate it, without special notice.
(ii) in the event of non-compliance by you with any of its other obligations under this Agreement, LOGOPRESS, without prejudice to any action for damages, may terminate your right to use the SOLIDReporter software package, after sending you a notice (to the email address declared by you) of default without effect within 15 days of its dispatch date. Such withdrawal shall result in an obligation on your part to immediately stop using the Software. The reservations, terms and conditions stipulated in articles 2, 5, 6, 7, 8 and 9 of this Agreement shall remain in effect after the end of this Agreement.
(iii) you understand and accept that automatic and regular connections to the back office services of our dedicated website https://www.SOLIDReporter.com are necessary for operation of the Software. Therefore, if for any reason LOGOPRESS should stop the development and/or supply of the SOLIDReporter software, LOGOPRESS undertakes to maintain the operation of this website for at least one (1) year after notification of this stoppage. This notification would be made on the website and the Software would therefore cease to operate one (1) year after such notification.
5 - Warranty:
For a period of ninety (90) days from the date of first installation of the Software by you, LOGOPRESS warrants that the performance of the SOLIDReporter software will be substantially in accordance with the indications contained in the digital documentation supplied with the Software. Under this warranty, LOGOPRESS will use reasonable efforts to repair or replace the copy of the software delivered that does not conform. However, if it is found that such efforts would not be sufficient to achieve this compliance, LOGOPRESS may then simply decide to refund the amount you paid for the non-compliant software.
Warranty Limitations and Exclusions:
The LOGOPRESS warranty is not provided in the event that the Software is damaged or destroyed accidentally or voluntarily by a person not belonging to the LOGOPRESS staff or in case you do not fully comply with your contractual obligations under this Agreement. The same applies if the Software is used inappropriately for its purpose or exploited in combination with software or hardware products that have not been expressly recognized as compatible by LOGOPRESS. You acknowledge that the Software uses state of the art technology. Except for the warranty provided under Article 5, paragraph 1 above, and to the fullest extent permitted by applicable law, LOGOPRESS and its distributors provide the Software “as is” without any warranty, express or implied, including any implied warranty of merchantability or fitness for use for a particular purpose, or operation without interruption or any free from defects warranty. You shall in any event be solely responsible for the selection, suitability and efficiency of the Software for its intended purpose and you assume all risks arising from such use.
The warranty described in this Article 5 is the only warranty given by LOGOPRESS with respect to the Software, its documentation and any associated services provided under this Agreement.
6 - Limitation of Liability:
You acknowledge that the value of the products you design, modify, manage may be much higher than the price paid for the Software license. You explicitly agree that you must implement all measures (backups, etc.) necessary to protect yourself against any risk of loss of computer data. The maximum liability of LOGOPRESS arising out of or in connection with this Agreement and each part thereof, including its execution and performance shall be limited, if such liability is not the result of willful misconduct or gross negligence on the part of LOGOPRESS, to the net amount you have paid LOGOPRESS for the Software in the twelve (12) months immediately preceding the date such claim arose.
To the extent permitted by applicable law, LOGOPRESS shall not be liable to you for any indirect, incidental, consequential, punitive, reliance of special damages, including without limitation, damages for lost profits, claims of third parties, advantage, savings or revenues of any kind or increased cost of operations.
To the extent that LOGOPRESS’s liability is excluded or limited, the same also applies to its employees, representatives, affiliates or any other persons it employs in the performance of contractual obligation under this Agreement.
7 - Export Restrictions:
The country of use of the Software is assumed to be the one you specified for the billing address when you purchased it. The Software and documentation delivered under this Agreement are subject to local export control laws and regulations, and may be subject to export or import laws and regulations of other countries, including but not limited to the Export Administration Regulations of the United States of America and its embargoed country list. You explicitly acknowledge your responsibility to fully comply with all such laws and regulations at your sole expense.
8 - Information on Collection and Use of Personal Data:
On the other hand, SOLIDReporter ensuring automatic and/or assisted monitoring of the activity of the user, you and any legal entity on which you depend, acknowledge that you are fully informed of this automated and/or assisted monitoring and accept it, and are solely responsible for determining whether its implementation and the information you will make of it comply with the laws applicable to you in the territory where the Software is used, including but not limited to GDPR.
9 - General Provisions:
Any provision of this Agreement held to be invalid, illegal or unenforceable by a court of competent jurisdiction shall be deemed severed from this Agreement and shall not affect the validity and enforceability of the remaining clauses. The parties agree to promptly attempt to reach an agreement on a substitute clause.
Any provisions which by their nature may be reasonably inferred to have been intended to survive termination shall survive as enforceable rights and obligations.
This Agreement is the entire Agreement between you and LOGOPRESS concerning the SOLIDReporter software and any associated services and supersedes all prior understandings, writings, proposals, representations or communications, oral or written.
This Agreement may be amended only in writing and if duly signed by both parties.
The language of this Agreement is English. If at any time or from time to time LOGOPRESS decides to provide a translation of this Agreement to another language, the translastion shall only be for information and this English version shall be the binding one.
This Agreement is governed by French law, without regard to conflicts of law prin¬ciples. All disputes arising out of or in connection with this Agreement shall be mutually discussed with the aim to reach an amicable agreement. In the absence of an amicable agreement, any disputes shall be settled by the court of Besançon - France.
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