These general conditions of use apply to the use of the license of the software DC-Scope available on www.easyvirt.com. EasyVirt SAS, a French company headquartered in Nantes (France), 2 Alfred Kastler.
DOWNLOADING, INSTALLING, COPYING, USING THE SOFTWARE CONSTITUTES YOUR FULL AND COMPLETE ACCEPTANCE OF THE TERMS OF LICENSE AGREEMENT (“AGREEMENT”) OF DC SCOPE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE. “YOU” MEANS THE PHYSICAL OR LEGAL PERSON WHO AGREES TO BE BOUND BY THIS AGREEMENT, ITS EMPLOYEES AND THE THIRD PARTY CONTRACTORS THAT PROVIDE YOU WITH SERVICES. YOU SHALL BE RESPONSIBLE FOR ANY BREACH OF THE TERMS OF THIS AGREEMENT BY THOSE EMPLOYEES AND THIRD PARTY SUBCONTRACTORS.
1. CONCESSION AND RIGHTS OF USE OF THE SOFTWARE
This Agreement grants You a limited, non-exclusive, non-transferable right to use a copy of the Software in the form of an object code.
“Software” means the software products licensed to you under this Agreement, including, but not limited to, any linked components provided with the Software (application programming interfaces, associated media, documentation printed, online or electronic, and all their updates and patches.) The Open Source software components provided with the Software are licensed to you under the terms of the applicable license agreements included with those licensed software components. The licenses for the Open Source software are available upon request from email@example.com.
1.2 License limitations
You are not allowed to copy the Software or remove any of the titles, trademarks, trade names, copyright notices, captions, or other proprietary notices contained on the Software. You are not granted any rights to EasyVirt trademarks or service marks.
You are not allowed to (i) assign, lease, sublicense, distribute or otherwise transfer, in whole or in part, the Software to a third party; (ii) provide, communicate, disclose or otherwise make available, or permit the use of the Software, in whole or in part, by any third party without the prior written consent of EasyVirt; (iii) modify or create derivative works based on the Software; or (iv) create, develop, license, install, use or deploy any third party software or services for the purpose of circumventing, enabling, modifying or providing any access, authorization or right in violation of the technical restrictions of the Software , with the additional license terms stipulated by EasyVirt in its product documentation, and / or in a notice and / or with the provisions of this Agreement. Unless otherwise authorized by EasyVirt, you may not decompile or disassemble the Software, reverse engineer or otherwise attempt to obtain the source code, in whole or in part. Before exercising any rights you believe to have on the basis of legal provisions, you must send EasyVirt a written notice of 30 days to firstname.lastname@example.org and communicate to EasyVirt all information to evaluate your request. You may use the Software to perform performance tests and evaluation studies internally, which you (and not an unauthorized third party) may publish or disseminate to the public, provided that EasyVirt has reviewed and approved the methodology, assumptions and other parameters of the study. To make a request, please contact EasyVirt at email@example.com.
EasyVirt retains all rights, title and interest in the Software and all copyrights, trade secrets, patents, trademarks, and other intellectual and industrial property rights and exclusive rights.
3. SUPPORT SERVICES
DC Scope support is only guaranteed under a maintenance or subscription contract.
EasyVirt or the distributor will not provide support services during the trial version of DC Scope.
4. DURATION AND TERMINATION
4.1 Duration and termination
With the exception of a subscription or purchase contract, the agreement will be terminate after the expiration of the applicable trial period following your download of the Software. In the event of non-compliance with the terms of this Agreement, EasyVirt may terminate this Agreement immediately and without notice.
4.2 Effect of termination
Upon termination or expiration of this Agreement, for any reason, any right, license or permission granted to you in connection with the Software will terminate immediately and you must: (i) immediately discontinue the use of the Software, in whole or in part ; and (ii) destroy, delete or permanently uninstall any copy of the Software installed or copied by you.
5. GUARANTEES AND RESPONSIBILITIES
5.1 Exclusion of guarantees
TO THE MAXIMUM EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF APPLICABLE LAW, EASYVIRT AND ITS LICENSORS MAKE THE SOFTWARE WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ANY OTHER PROVISION OF THIS AGREEMENT OR ANY CORRESPONDENCE WITH YOU, AND EASYVIRT AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5.2 Limitation of liability
LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, EASYVIRT AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOST ECONOMIC OPPORTUNITIES OR LOST PROFITS, LOSS OF USE, INTERRUPTION OF ACTIVITY, LOSS OF DATA OR ANY OTHER INDIRECT, SPECIFIC, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON LIABILITY, SHALL BE BASED ON CONTRACTUAL LIABILITY, LIABILITY, NEGLIGENCE OR LIABILITY FOR DEFECTIVE PRODUCTS OR ANY OTHER BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. THE RESPONSIBILITY OF EASYVIRT AND ITS LICENSORS IS IN ANY CASE LIMITED TO THE CONTRACTUAL LICENSE FEES YOU HAVE PAID, IF ANY, FOR THE SOFTWARE THAT HAS BEEN GIVEN TO YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE IMPAIRABLE PROVISIONS OF APPLICABLE LAW, AND EASYVIRT OR ITS LICENSORS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY EVEN IF THEY MAY HAVE FAILURE TO MAKE ANY REMEDIES THAT WOULD BE OTHERWISE OPEN TO YOU.
6. DATA COLLECTION
In order to perform its functions and validate the information that concerns the License Key, DC Scope collects and send the following information to our servers: License Key, Number of Virtual Machines, DC Scope version, DC Scope Build and DC Scope last connection date. DC Scope does not record any personally identifying information: no names, no email addresses, no private data from other apps, and so on.
7.1 Extensiveness of the Contract
This Agreement states the entire liability of EasyVirt and your exclusive remedy with respect to the Software and supersedes the terms of any correspondence or advertising relating to the Software. You acknowledge that this Agreement constitutes the entire agreement between You and EasyVirt with respect to the Software and that there is no other prior or contemporaneous agreement, promise, representation or description with respect to the Software.
The titles used in this Agreement are for ease of reference only and do not affect the interpretation of this Agreement.
7.3 Waiver and Modification
Failure by either party to exercise or waive any of its rights under this Agreement will not constitute a waiver of such rights. This Agreement may only be modified or any of the rights it confers may only be waived by a written document signed by the party to whom it is opposed.
If any provision of this Agreement is declared invalid or illegal, it shall continue to apply to the extent permitted by law and the other provisions of this Agreement shall continue to be valid and enforceable.
7.5 Applicable law
This Agreement is governed by French law, regardless of the place of use.
In case of dispute and after the failure of any attempt to find an amicable solution, the French courts will be competent to recognize this dispute.
If one or more stipulations of the present General Conditions of Use are considered as invalid or declared as such under a law, a decree, a regulation or following a final decision of a competent jurisdiction the other stipulations will retain all their force and their range.
If you have any questions about this Agreement or if you would like to contact EasyVirt for any other reason, please send your correspondence to: EasyVirt, 2 Alfred Kastler Street, 44300 NANTES or e-mail to firstname.lastname@example.org