EULA

This End User License Agreement (« EULA ») governs the use by you or your company of the application, software and their upgrades, patches and updates and associated services that are currently provided or will be provided by ISATECH SAS or any of its subsidiaries or affiliates.

This EULA sets out the conditions under which ISATECH SAS makes the Product available to you (the « user » or « you ») and under which you may use it. By installing or using the Product, you agree to accept and be bound by this EULA at all times. If you do not accept them, please do not install or use the Product. You can return it to your seller for a full refund if necessary.

ISATECH SAS reserves the right to change, modify, add or delete articles of this EULA at any time

1. LICENSING. Isatech SAS grants you the following rights provided that you comply with all the terms and conditions of this EULA:

– Test Cases / Demonstration Scenario’s. You may modify the  » Test Cases / Demonstration Scenario’s  » and distribute copies of these, including your modifications, provided you comply with the distribution requirements described below.

– Redistributable component. You may reproduce and distribute copies of compiled programs and files and distribute these redistributable items as object code as part of your value-added products and/or services, provided you meet the distribution requirements described below. For the purposes of this section, a « value-added product or service » refers to a software product or service, including a web page, that adds important and primary functionality to the redistributable component.

– Distribution requirements. You may only distribute the Test Cases / Demonstration Scenario’s and redistributable code if you comply with the above requirements:

  • > do not use Isatech SAS name, logo or trademarks to market or identify your products or services, unless you are party to a separate agreement giving you these rights,
  • > indemnify, hold harmless and defend Isatech SAS against any claim or legal action, including attorney’s fees, arising from the use or distribution of modified Test Cases / Demonstration Scenario’s or your value-added products and services, or resulting from the use or distribution of modified Test Cases / Demonstration Scenario’s s or your value-added products and services,
  • > include a valid copyright notice on modified Test Cases / Demonstration Scenario’s and value-added products and services that include redistributable items,
  • > allow the redistribution of redistributable items by third parties only in connection with your value-added products and services, (
  • > comply with the terms of this EULA.

 

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use Isatech SAS Internet services associated with the Software in any manner that could damage, disable, overburden or impair these services or interfere with any third party’s use and enjoyment of them. You must not attempt to gain unauthorized access to any service, account, computer system or network associated with Internet-based services.

3. RESERVATION OF OWNERSHIP AND RIGHTS. Isatech SAS reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other laws and treaties relating to intellectual property. Isatech SAS or its suppliers hold the title, copyright and other intellectual property rights to the Software. The Software is licensed and not sold. This EULA does not grant you any rights to the trademarks or service marks of Isatech SAS.

4. THE LIMITS OF REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by this EULA or applicable law notwithstanding this limitation.

5. NO RENTAL OR COMMERCIAL ACCOMMODATION. You are not authorized to rent, lend or provide commercial hosting services with the Software.

6. CONSENT TO THE USE OF THE DATA. You agree that Isatech SAS and its affiliates may collect and use technical information collected as part of the product support services provided to you, if any, regarding the Software. Isatech SAS may use this information only to improve its products or to provide you with personalized services or technologies and will not disclose this information in a form that could personally identify you.

7. LINKS TO THIRD PARTY SITES. Isatech SAS is not responsible for the content of third-party sites or services, links contained in third party sites or services, or changes or updates to third party sites or services. Isatech SAS provides these links and access to third party sites and services to you only as a convenience, and the inclusion of any link or access does not imply endorsement by Isatech SAS of the third-party site or service.

8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-ons or Internet service components of the Software that Isatech SAS may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Isatech SAS reserves the right to discontinue the Internet services provided to you or made available to you through the use of the Software.

9. NO WARRANTY, LIMITATION OF LIABILITY.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU USE THE PRODUCT AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED « AS IS » AND « SUBJECT TO AVAILABILITY ». ISATECH SAS, ITS DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS MAKE NO CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND DISCLAIM ALL OF THEM AND ALL OTHER TERMS, INCLUDING:

  • > ITS CONFORMITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR SAFETY
  • > ITS FITNESS FOR A PARTICULAR PURPOSE;
  • > THE IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT;
  • > ITS MARKET VALUE;
  • > YOUR SATISFACTION.

ISATECH SAS DOES NOT WARRANT THAT THE PRODUCT WILL BE FREE FROM INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE THE RESULTS YOU EXPECT, AS WELL AS FOR ITS INSTALLATION, USE AND RESULTS.

PRODUCT OR AN ASSOCIATED THIRD-PARTY SERVICE. ARE INCLUDED, WITHOUT LIMITATION:

  • > ALL DAMAGES OF ANY KIND, WHETHER RESULTING FROM TORT (INCLUDING NEGLIGENCE AND BREACH OF A LEGAL OBLIGATION), CONTRACT, MISREPRESENTATION (ACCIDENTAL OR NEGLIGENT),
  • > DIRECT DAMAGES,
  • > ACCIDENTAL DAMAGES,
  • > INCIDENTAL DAMAGES,
  • > CONSEQUENTIAL DAMAGES,
  • > INDIRECT DAMAGES.

NOTWITHSTANDING THE ABOVE LIMITATIONS OF LIABILITY, YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DISPUTE WITH ISATECH SAS OR ITS DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO STOP USING THE PRODUCT AND, IF APPLICABLE, TO CLAIM DAMAGES FOR YOUR DAMAGES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE DEVICE THAT DOES NOT MEET THE APPLICABLE LEGAL GUARANTEES, ISATECH SAS’ LIABILITY IS LIMITED TO THE REIMBURSEMENT (DIRECTLY OR INDIRECTLY THROUGH ITS DISTRIBUTION PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL ISATECH SAS, ITS AFFILIATES, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN AN AMOUNT GREATER THAN THE PRICE YOU PAID TO ISATECH SAS FOR THE PRODUCT DURING THE TWELVE (12) MONTHS PRECEDING THE COMMENCEMENT OF YOUR CAUSE OF ACTION.

10. DISCLAIMER OF WARRANTIES. The limited warranty set forth above is the only express warranty given to you and replaces any other express warranty or similar obligation (if any) created by any advertising, documentation, packaging or other communication.

11. TERMINATION. Without prejudice to any other right, Isatech SAS may terminate this EULA if you do not comply with the terms and conditions of this EULA. In such a case, you must destroy all copies of the Software and all its components.

12. PRODUCT MODIFICATION.

ISATECH SAS may modify the Product for any reason or without specific reason at any time and at its discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the changes automatically. You agree that ISATECH SAS may stop supporting the Product as soon as an updated version is available. ISATECH SAS’s distribution partners and associated service providers are under no obligation to provide maintenance or customer support for the Product.

13. APPLICABLE LAW. This EULA is governed by French law. The competent court is the Commercial Court of Rennes (France).

14. THE ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA included in the Software) constitutes the entire agreement between you and Isatech SAS relating to the Software and support services (if any) and supersedes all prior or contemporaneous communications, proposals and oral or written representations concerning the Software, or any other subject covered by this EULA. To the extent that the terms of Isatech SAS’s support services policies or programs conflict with the terms of this EULA, the terms of this EULA shall prevail. If any provision of this EULA is found to be void, invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.