Powertivity add-in – Terms and Conditions
1 Preamble: This Agreement governs the relationship between Licensee (hereinafter: Licensee) and Powertivity (Manuel GRUSON), whose principal place of business is Courbevoie, France (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using Powertivity add-in (hereinafter: The Software) created and owned by Licensor, as detailed herein. Licensor reserves the right to update those terms and conditions at any time. Licensee should therefore check regularly for any changes, which will be immediately applied.
2 License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & Non-transferable, Temporary, Commercial, Royalty free, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
2.1 Limited: Licensee may use Software for his own usage (named user) on a given computer (named computer).
2.2 Time-based: This license is granted temporarily, as long as you have a current active license, and do not materially breach it, and in accordance to the “Term & Termination” chapter.
2.3 Dependent on pre-requisites: The Software is intended to be used in conjunction with Microsoft PowerPoint ®, on a compatible version and operating system. Licensee should check before use the effective compatibility with his configuration. The Software requires the access to the Internet, at installation time and periodically during usage, in order to enforce License conformity. Failure to do so could lead to deactivation of the Software.
2.4 Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license. Licensee may not disclose, distribute, make available, rent, lease, time share, or lend the Software to any third-party.
2.5 Restricted: Licensee will not modify, reverse-engineer, decompile, decode, decrypt, disassemble, or in any way derive the source code of the Software. Licensee may not sublicense Software, including as a part of a larger work containing more than Software.
2.6 Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties.
3 Term & Termination: The Term of this license is defined for a specified time frame, and the License terminates at the end of it. After termination, Licensee should take all dispositions necessary to stop using and remove the Software. Additionally, Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee, with the same effects:
3.1 became insolvent or otherwise entered into any liquidation process; or
3.2 exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
3.3 Licensee was in breach of any of this license’s terms and conditions and such breach was not cured, immediately upon notification; or
3.4 Licensee in breach of any of the terms of clause 2 to this license; or
3.5 Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
3.6 Licensee is using a free version of the Software. In that case, Licensor may terminate at his convenience the license, without prior notice. The Software may consequently stop to function.
4 Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee for the time-based License period, via Credit-Card, PayPal or any other mean, which Licensee will technically allow and which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
5 Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants keeping The Software up-to-date and installing all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
5.1 Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
5.2 Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
5.3 Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the Software’s functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
6 Slide sharing: Licensee has the ability to share slide(s) with other Licensees, and is the sole responsible of it, including the respect of Confidentiality and Intellectual Property constraints. Licensee has the ability to access slide(s) from other Licensees, with no associated Liability or Warranty from Licensor. Licensee has the ability to access slide(s) from the Licensor, provided AS-IS and with the same Liability and Warranty as for the Software. Licensor has the ability to enable or disable slides shared from Licensees, without any justification and without any associated responsibility.
7 Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
7.1 Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor’s request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
7.2 Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
8 Data collection and storage: Licensor may collect during the registration process and/or during the use of the Software personal and technical data, including Personal and Technical identification elements regarding the user and the computer. Those data are used to enforce the conformance of the effective use of the Software to the time-based License modalities. Licensor will not transfer this data to any third-party without Licensee consent to do so.
9 Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code. As a result, Licensor should take all precautions that may be required, including regular data backup and versioning.
10.1 Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
10.2 No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].
10.3 Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software’s incompatibility, performance, results and features, and warrants that he inspected the Software.
11 No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
12 Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
13 Governing Law, Jurisdiction: Licensee hereby agrees not to initiate lawsuits of any kind against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
14 Thanks and Credits: Special credits to: Inno Setup (http://www.jrsoftware.org/ishelp/), WordPress (https://wordpress.org/), WooCommerce (https://woocommerce.com/).