End User Licence Agreement
Axialis IconWorkshop™ - Professional Edition
This End User License Agreement ("EULA") is a legal agreement between YOU as Licensee and Axialis SA - FR.380.298.919 ("AXIALIS") for the software product identified above ("the SOFTWARE"). By installing, downloading, copying, or otherwise using the SOFTWARE, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, promptly return the unused SOFTWARE or delete any copies of this software in your possession. The copyright in the SOFTWARE and its documentation is owned by AXIALIS. Subject to the terms of this EULA, YOU are granted a non-exclusive right for the duration of the EULA to use the SOFTWARE. YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE by virtue of this EULA. Your use of this software indicates your acceptance of this EULA and warranty.
AXIALIS grants you a non-exclusive license to use this SOFTWARE, and any associated documentation, as indicated herein. If you have purchased a Single User License, one copy of the SOFTWARE may be used, for internal use only, by one single user ("the USER"). If you have purchased a Multiple User License (you specified several copies of the SOFTWARE when you purchased it), the SOFTWARE may be used, for internal purposes only, by the number of USERS authorized at the time of purchase. The SOFTWARE is in "use" by a USER when it has been loaded into the temporary memory (i.e. RAM) of the USER's computer.
The USER MAY: (a) use the SOFTWARE in a company, corporate or organization; (b) use icons created with the SOFTWARE in commercial projects; (c) make a copy of the SOFTWARE for archival purpose only; (d) install the SOFTWARE on another computer only if the user change of workstation. In such a case the user must uninstall the software from the previous workstation; (e) install the SOFTWARE on a second personal computer, such as a laptop or a home computer, only if the USER is the main person to use this computer.
The USER MAY NOT: (a) copy and distribute the SOFTWARE or any portion of it; (b) sublicense, lease, rent, or transfer this SOFTWARE to another; (c) cause or permit reverse engineering, disassembly, decompilation or alteration of this SOFTWARE; (d) remove any product identification, copyright notices, or other notices or proprietary restrictions from this SOFTWARE; (e) copy the documentation accompanying the SOFTWARE.
Support and Maintenance
AXIALIS provides support on the SOFTWARE by mean of online help, documentation, tutorials, knowledge-base and all other article freely accessible on AXIALIS websites. Email-based support is provided on Axialis website as part of this license.
During use of the SOFTWARE you may also report any SOFTWARE problem to AXIALIS. If AXIALIS determines that a reported reproducible error in the Software exists and significantly impairs the usability and utility of the Software, AXIALIS agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at Axialis’s sole discretion.
This License is effective until terminated. You may terminate it at any time by destroying the SOFTWARE, together with all copies thereof. This License will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the SOFTWARE, together with all copies thereof.
Copyright - Ownership
This SOFTWARE and its source code are proprietary products of AXIALIS and are protected by copyright and other intellectual property laws. The SOFTWARE is licensed and not sold. You acquire only the right to use the SOFTWARE and do not acquire any rights, express or implied, in the SOFTWARE other than those specified in this License. Interaction or inclusion of parts of the SOFTWARE in third-party products does not mean that the SOFTWARE, or any portion of it, is part of these products nor property of the companies owning these products.
Disclaimer of Warranties
AXIALIS DOES NOT WARRANT THAT: (A) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN COMBINATIONS OF SOFTWARE OR HARDWARE THAT MAY BE SELECTED FOR USE BY YOU; (B) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS, OUTPUT, OR DATA GENERATED BY THE SOFTWARE WILL BE FUNCTIONAL, COMPLETE OR RELIABLE. EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXIALIS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, RELATING TO THIS AGREEMENT AND THE SOFTWARE AND ANY SERVICES PROVIDED TO YOU, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Disclaimer of Damages
THE LIABILITY OF AXIALIS UNDER THIS AGREEMENT, REGARDLESS OF THE BASIS OF LIABILITY OR THE FORM OF ACTION, WILL NOT EXCEED THE FEES PAID TO AXIALIS FOR THE PORTION OF THE SOFTWARE OR SERVICES CAUSING THE LIABILITY. IN NO EVENT WILL AXIALIS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER AXIALIS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SOFTWARE, OR ANY RESULTS OBTAINED FROM OR THROUGH THE SOFTWARE.
Governing Law - Juridiction
This Agreement shall be construed, interpreted, and applied in accordance with the French Law. The Courts of Paris, France shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.