1. DEFINITIONS
"Software" means the software that accompanies this Agreement and includes all available user manuals, operating and installation guides, or any excerpts therefrom, in electronic or printed form, regardless of medium.
"Use" of the software means that you have downloaded, installed or are running Numento on a computer or similar device.
"Backup Copy" means a non-transferable copy of this Software created for archival purposes only and not installed or used on a computer or workstation (or by the number of users covered by a user license) except for backup in the event of an emergency situation.
2. SOFTWARE LICENSE
2.1 Authorization - Intuisphere does not transfer ownership of this Software to you; the license granted to you is not equivalent to a sale.
2.2 Installation and Use - You are responsible for installing Numento. Your license to use this software is limited to the number of licenses you have purchased.
You may not permit others to use, copy or evaluate copies of Numento.
Paid versions of Numento can be used for an unlimited period of time, without having to pay a subscription fee.
2.3 Conditions of sale of licenses - Given its nature (software), the right of withdrawal provided for distance selling, can not be exercised by it, in accordance with the provisions of Articles L 121-20-2 et seq. of the Consumer Code. The purchase of a license is therefore firm and definitive and cannot give rise to any exchange or refund.
The demo version of Numento allows you to test all the functionalities of the commercial version.
You therefore agree to check the compatibility of your hosting system by using the free version of Numento before purchasing a license. No claims for refunds due to hosting compatibility problems will be processed.
We strongly recommend that you save the license text on a text document and keep a copy on an external medium, such as a USB stick or external hard disk.
2.4 Restrictions on use - You must use Numento in accordance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, the use, display or distribution of Numento in association with any material that is pornographic, racist, vulgar, obscene, defamatory, abusive, hateful, discriminatory or displays bias based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Numento may only be used on two computers of the licensee. If you install Numento on a multi-user platform, server or network, each user of the software must obtain a separate license. No third party may use or install your copy of Numento. Any assignment, sublicensing, networking, sale or distribution of copies of Numento is strictly prohibited without the prior written consent of Intuisphere. Assigning, selling, sharing, lending, renting, borrowing, networking and transferring use of Numento will be considered a breach of this agreement.
2.5 Laptop Use - If you have purchased a license to use Numento and have installed it on your desktop computer, you may install a second copy of Numento on your laptop for your personal use only.
2.6 Transfer - You are authorized to transfer your copy of Numento to another computer. Once the transfer is complete, you must delete the entire software from the first computer. You may, however, make and use a backup copy in case of emergency.
2.7 Intellectual property restrictions - The Intuisphere name, logo and image file representing Numento must not be used in any way to promote products developed with Numento. Any reuse of resources from the software (images/text/script...) is strictly forbidden. This software contains copyrighted material, trade secrets and other proprietary material. You shall not deliver, disclose or transmit to any third party, directly or indirectly, the contents of this software. You shall not attempt to modify, reverse engineer, disassemble or decompile Numento or alter or remove any proprietary rights notices or copyrights indicating Intuisphere's ownership of such software. You may not create derivative works or other works based on the software in whole or in part. Intuisphere retains exclusive ownership of all right, title and interest in and to Numento and all related intellectual property rights. This software is protected without restriction by French copyright law and by the provisions of the International Copyright Treaty. All rights not expressly granted herein are reserved to Intuisphere.
2.8 Intellectual property: site models
The visual resources (photographs, icons and illustrations) and designs of the site templates offered in the Numento software are subject to copyright and intellectual property rights.
The Numento user may use these visual resources and the designs provided exclusively for the creation of an Internet site created with Numento and not intended for resale.
The user must: not modify, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sell or otherwise use this content in any other medium whatsoever.
The photo credits mentioned on the images of the site models must remain displayed and visible on the sites created with Numento, as they are presented on the models.
The user also undertakes not to use this content in a context that could make the images appear in an unfavorable situation or in a way that could be prejudicial to the models, such as (but not limited to):
(1) use of an image in a pornographic context;
(2) tobacco and alcohol advertising;
(3) advertising for adult clubs or escort services;
(4) attachment to a political cause;
(5) use in a defamatory, illegal, immoral or indecent context.
IN NO EVENT SHALL WEBACAPPELLA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR FAILURE TO COMPLY WITH THE FOREGOING.
2.9 Limitation of Liability - You shall indemnify, hold harmless and defend Intuisphere and its employees from and against any and all claims, proceedings and costs arising out of or related to your use of this software. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL INTUISPHERE AND ITS EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THIS SOFTWARE OR THE USE OR INABILITY TO USE THIS SOFTWARE OR ACCESSORIES, PERFORMANCE OR USE OF ANY OTHER ITEM HEREUNDER BASED ON CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING NEGLIGENCE, WHETHER OR NOT INTUISPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2.10 Warranties - This software is provided to Licensee "as is" without representation, warranty or condition of any kind. INTUISPHERE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SOFTWARE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INTUISPHERE DOES NOT WARRANT THAT THIS SOFTWARE WILL OPERATE CONTINUOUSLY OR ERROR-FREE. WE ADVISE YOU TO MAKE REGULAR BACKUPS.
2.11 Termination - Any breach by you of the terms and conditions of this agreement will result in automatic and immediate termination of this agreement and license. In the event of termination of this agreement for any reason, you agree to immediately cease use of this software and to destroy all copies of this software. Your financial obligations shall survive the expiration or termination of this agreement.
2.12 Confidentiality - By contacting Numento technical support from the Numento website, information about your license, or your computer configuration may be transmitted to INTUISPHERE. This information is used to improve the quality of technical support.
2.13 Resale of licenses - When purchasing Numento licenses for resale to third party users, the resale price may not exceed 10% of the initial selling price on the Numento website.
2.14 Technical support terms and conditions - Learn more...
3. FREE SOFTWARE
3.1 Use of the free version - You may use the free version of Numento for an unlimited period of time. For more information about purchasing a license to use Numento, please visit the Numento website.
3.2 Distribution of the free version - The free version of Numento may be freely distributed, provided that: (a) such distribution concerns only the original archive supplied by Intuisphere. You may not alter, delete or add any files to the distributed archive or modify this software in any way; (b) the limited nature of the free version of this software is not misrepresented; (c) no money is paid by the person receiving the free version of this software; (d) you send Intuisphere a prior email or written notice to the following email address contact@intuisphere.com, stating that you are distributing this free version and, if this software is distributed with other multimedia content or software, that you obtain Intuisphere's prior written consent. To obtain such prior written consent, please contact Intuisphere. Intuisphere may require you to report from time to time the number of units distributed of the free version of the software.
4. GENERAL PROVISIONS
These provisions constitute the entire agreement between the parties and supersede all previous expectations, understandings, communications, representations and agreements, whether oral or written, between the parties. If any provision of this Agreement shall be unenforceable or invalid for any reason, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of the Agreement and such provision shall be severable from the remainder of the Agreement.
5. CONTRACT VALIDATION
By installing the free or paid version of Numento on your computer, you declare that you have read and agree to abide by the software's general terms and conditions of use.
You also agree to provide us with accurate information concerning your identity. Any false or erroneous information may result in the termination of your rights.
