FotoBalloon Standard 2.0.5.0

EULA - End User License Agreement

Notice to users: carefully read the following legal agreement. Use of the FotoBalloon Standard software provided with this agreement (the "SOFTWARE") constitutes your acceptance of these terms. If you do not agree to the terms of this agreement, do not install and/or use this SOFTWARE. Users use of this SOFTWARE is conditioned upon compliance by user with the terms of this agreement.

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WELCOME TO ESOFT IMAGING WORLD !
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For 1 Computer (s)

LICENSING AGREEMENT OF THE END USER
US VERSION

THIS DOCUMENT CONSTITUTES A CONTRACT BETWEEN YOURSELF AND Jérôme MONTEIL. PLEASE READ IT ATTENTIVELY
The present Licensing agreement of the End user of the software FotoBalloon Standard ( the "Contract" ) defines clauses and conditions according to which you are authorized to use the Software. The term "Software" indicates (A) all the contents of floppy disk(s), of CD-ROM(s) or quite other support supplied with the present Contract, including, without that this enumeration is exhaustive, (i) the FotoBalloon Standard software, (ii) the numeric images, photos of archives or other artistic works (the "Archives files"), (iii) the documents appendices explanatory papers ("Documentation") and (iv) if need be, all the upgrades, modified versions, updates, additions and copies of the Software the license of which Jérôme MONTEIL grants you (below collectively the "Updates"). The expression "Number authorized of computers" indicate the number of computers indicated at the head of the present Contract.
Jérôme MONTEIL grants you a non exclusive license of use of the Software, under reserve that you accept the conditions below :
1. Use of the Software
1.1. You can install a copy of the Software on a hard disk or quite other device of stocking of the Number authorized of computers.
1.2. You can install a copy of the Software on a single server of files to download and to install this Software on the hard disk or quite other device of stocking of the Number authorized of computers connected with the same network as the server of files. No other use in a network is authorized.
1.3. You can make a copy of protection of the Software, on the condition of not installing it or using it on a computer.
1.4. USE AT HOME. The main user of every computer on which the Software is installed can also install the Software on a home computer. However the Software installed on this home computer can not be used at the same time as the Software of the main computer.
1.5. ARCHIVES FILES. The archives files are useful for your only internal usage. Quite other use that in personal purposes is strictly forbidden. In particular you can not distribute or transfer these files, in their original form or in a modified form whatever it is.
2. Copyrights. The Software and all the copies you make are Jérôme MONTEILs property, and its structure, its organization and its code constitute commercial consequentive secrets and Jérôme MONTEILs confidential information. The present work is registered on the directory of the Agency for the Protection of the Programs, 119, the avenue de Flandre, 75019 Paris. It is protected in France by the code of the intellectual property, and abroad by the international agreements on the copyright. The violation of one of the rights of the author of the work is an offence of imitation and any imitation is punished in France by the article L. 335-2 of the code of the intellectual property and punished for two years of detention and for 1.000000 FRF. All the copies which you are authorized to make according to the present Contract should contain the same mentions of copyrights and the same opinions relative to the rights of property as those who appear on or in the Software.
You also undertake not to make of the inverse engineering, to dismantle the Software nor to try in quite other way of discovering its code source, except as far as these operations would expressly be allowed by the applicable law in spite of the present ban. Jérôme MONTEIL expressly reserves the right to correct the errors of the Software. Trademarks should be used according to the used manners in the material, including as regards the identification of the holders of the marks.
These marks should be used only to identify the printed exits produced by the Software and this use does not confers you any right of property on the concerned trademark. Except the indicated exceptions higher, the present Contract grants you no right of intellectual property on the Software. The present Contract defines the conditions in which you are authorized to use the Software. It is not a sale contract of the Software.
3. Transfer. You are not authorized to rent, to give in credit lease, to grant a sublicense or to lend the Software. You can however transfer all your rights of use relative to it to another physical or moral person under reserve (1) than you transferred her the present Contract, the Software including all its copies, updates and, previous versions (2) that you keep no copy, including stored in a computer and (3) that the beneficiary accepts clauses and conditions of the present Contract.
4. Software on double support/ Multiple copies / Updates. If the Software works with multiple platforms or languages, if you receive the Software on several supports, or if, besides, you receive several copies of the Software, the number of computers on which all the versions of the Software will be installed should not exceed the Number authorized of computers. You are not authorized to rent, to give in lease, to grant of sublicense, to lend or to transfer the versions or the copies of the Software which you do not use. If the Software is an Update of the previous version of the Software, you should possess a valid license of this previous version to be able to use the Update, and you can use the previous version during sixty (60) days having received the Update, to help you to make the transition towards this Update. After this period, you have no more the right to use the previous version, except in the only purpose to allow you to install the Update.

5. NO GUARANTEE! JEROME MONTEIL CAN NOT NOR WANTS TO GUARANTEE THE FUNCTIONING OF SOFTWARE OR THE RESULTS WHICH YOU CAN OBTAIN FROM IT.

6. LIMITED RESPONSIBILITY. ON NO ACCOUNT JÉRÔME MONTEIL NOR THE OTHER WHICH WAS INVOLVED IN THE CREATION, THE PRODUCTION, OR THE DELIVERY OF THIS SOFTWARE ASSUMES OF RESPONSIBILITY TO YOU IN CASE OF DIRECT OR INDIRECT DAMAGES, INCLUDING NOTABLY OF LOSS, OPERATING LOSSES, LOSSES OF EARNINGS, INTERRUPTION OF ACTIVITY OR OTHER LOSSES OF PECUNIARY NATURE, AND IT, EVEN THOUGH A REPRESENTATIVE OF JÉRÔME MONTEIL WAS INFORMED ABOUT THE POSSIBILITY OF THESE DAMAGES. ON NO ACCOUNT JÉRÔME MONTEIL ASSUME RESPONSIBILITY TO YOU IN CASE OF COMPLAINT Of A THIRD PARTY. THE PERSON REGISTERING THE SOFTWARE ACCEPTS ANY RISKS AS FOR THE QUALITY AND FOR PERFORMANCES OF SOFTWARE.

7. Jérôme MONTEIL however reserves the right to modify the conditions of the present Contract as regards the license of the Updates. The present document constitutes the completeness of the Contract concluded between yourself and Jérôme MONTEIL. It cancels and replaces any statements, discussions, commitments, previous licensing agreements of the end user, the communications and the advertisements concerning the Software.
8. Copy of the present Contract. A copy of the present Contract is available in the Documentation.
9. Respect for licenses. If you are a moral person, you undertake to prove and to guarantee, in the thirty (30) days of any Jérôme MONTEILs demand or one of its accredited representatives, that in the date of the aforementioned demand, you use the Jérôme MONTEIL software in accordance with your licenses Jérôme MONTEIL current.

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