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License Agreement of Obfu-VBA Software

1. PURPOSE

The purpose of the present "Shareware" Agreement is to define the terms in which TOOLOSCOPE SASU (the Licensor), holder of the patrimonial rights on OBFU-VBA, successively grants to the Licensee a free Evaluation License and a paying End User License of OBFU-VBA (the Software).

2. SPECIFIC TERMS OF THE EVALUATION LICENSE

2.1. The Evaluation License is free and initiates at the download of OBFU-VBA.

2.2. the Licensor grants to the Licensee non-exclusive, non-sublicensable, non-transferrable and non-assignable right to use OBFU-VBA ONLY for the evaluation of the features and the performances of OBFU-VBA.

2.3. The Licensee can install and execute OBFU-VBA on a single workstation whose access is restricted to the natural person who realizes the evaluation.

2.4. The Licensee cannot use or distribute the by-products of OBFU-VBA obtained under this License.

2.5. By Downloading the Software, the Licensee declares that he accepts the Agreement and commits himself to respect all its terms.

3. SPECIFIC TERMS OF THE END USER LICENSE

3.1. The End User License is not free and produces its effects after the registration of the Licensee by the Licensor and the payment for the rights of the License.

3.2. The Licensor grants to the Licensee a non-exclusive, non-sublicensable, non-transferrable and non-assignable right to use OBFU-VBA.

3.3. The Licensee can install and execute OBFU-VBA according to his needs on workstations in his ownership and whose access is restricted to himself or to the staff he is responsible for.

3.4. By registering an end user Licence by the Licensor, the Licensee commits himself to respect the Agreement terms, declares he has evaluate the Software and declares that OBFU-VBA meets his needs.

4. DISTRIBUTION

4.1. The Licensee refrains from selling, distributing, sublicensing, showing, adapting, revealing or giving to a third party, for free or not, all or any part of OBFU-VBA.

4.2. Any use not expressly authorized by the Licensor in the present Agreement is illicit, according to the terms and conditions of article L. 122-6 of the Intellectual Property Code.

5. INTELLECTUAL PROPERTY

5.1. The present Agreement brings no intellectual property transfer on the software OBFU-VBA, its documentation, its Licenses or any other document.

5.2. The Licensee makes a commitment to keep on all physical or logical support of OBFU-VBA any property mark which is registered on it, such as, in particular, copyright mention or commercial mark.

5.3. This Agreement does not constitute a grant of license for any of the requirements of the environment necessary for the functioning of OBFU-VBA (such as Windows and Excel, trademarks of Microsoft Corporation).

6. PRIVACY

6.1. Each of the Parties makes a commitment not to reveal the information which will be sent to him within the framework of this agreement or within any exchange bound to the tests, the receipts, the maintenances, the support... (non-exhaustive list) of OBFU-VBA.

6.2. Nevertheless, the Licensee authorizes the Licensor to use his name as a reference in the list of his users.

6.3. Apart in the case of legal exceptions, the Licensee refrains from publishing, revealing or giving to any third party the results, partial or complete, of the evaluation of OBFU-VBA.

7. RESPONSABILITY

7.1. The Licensee recognises that, awarded for free, Evaluation License relieves the Licensor of any liability or responsibility, in all the measure authorized by law.

7.2. The Licensor declares he has used an up-to-date anti-malware software to check the harmlessness of OBFU-VBA. However, the Licensee recognises that he has an obligation to check that the Software does not contain a malware at the receipt of OBFU-VBA, and relieves the Licensor of any responsibility in case of infection.

7.3. The Licensee recognises that it is up to him to check the smooth running and the harmlessness of the by-products of OBFU-VBA and relieves the Licensor of any liability or responsibility regarding the direct or indirect damages that the Licensee or any Third party could suffer because of these by-products.

8. WARRANTY LIMITATION

8.1. the Licensor cannot guarantee that the Software works properly in the technical environment of the Licensor, nor that the Software can be installed or work without risk, in particular for the equipment or the data of the Licensee, who recognises it and takes -himself- all necessary measures to prevent himself and any third parties from direct and indirect damages.

8.2. the Licensor cannot guarantee that the version of the Software of the Licensee will work on future versions of its requirements.

8.3. The Licensee recognises that the Licensor is free of any obligation towards the Licensee concerning the maintenance of the Software or its future evolutions.

9. CANCELLATION

9.1. In case of breach of any commitment of the present Agreement by one of the Parties, not repaired within fifteen (15) consecutive days beginning at the reception of the registered letter with acknowledgement of receipt notifying the breaches in cause, the other Party can assert the termination of rights of the Agreement, subject to any indemnity she could claim because of the aforementioned breaches.

10. MISCELLANEOUS TERMS

10.1. If one of the terms of the Agreement was declared void, the other terms of the Agreement would remain in effect.

10.2. The renunciation of one of the Parties not to take action regarding any breach of the terms of the Agreement by its cocontracting party, shall not be interpreted as a renunciation to take action in the future regarding that breach nor as a renunciation in the execution of the commitment in case.

10.3. The exchanges by electronic ways between the Parties will be considered as evidence provided that their emitter can be duly identified.

10.4. For the execution of the Agreement, the Parties elect domiciles in their respective head offices.

10.5. In case of contradiction between different translations of the Agreement, only the French version shall prevail.

10.6. The present Agreement is governed by French law. Any dispute concerning the application, the execution or the interpretation of this Agreement shall be, of express convention, brought to the Commercial Court of Paris (France).

© 2010-2015 by ToolOscope SASU. © 2016-2018 by Arnaud De Rette. All rights reserved