This End-User Licence Agreement ("EULA")
is a legal agreement between you (or the legal entity
that you represent) and Ellié Computing SARL (a
company registered in France RCS 481 341 824 Nanterre)
for the Ellié Computing Merge product. Ellié
Computing Merge includes computer software and may
include associated media, printed materials, and "online"
or electronic documentation ("SOFTWARE PRODUCT"). The
SOFTWARE PRODUCT also includes any updates, registration
material and supplements to the original SOFTWARE PRODUCT
provided to you by Ellié Computing. Some software
provided with the SOFTWARE PRODUCT (in particular Open
Source libraries) are provided with their own licence
agreement. By installing, copying, or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of
this licence agreement. If you do not agree with this
EULA, do not install or use the SOFTWARE PRODUCT and
destroy ALL the copies of the SOFTWARE PRODUCT in your
possession.
SOFTWARE PRODUCT LICENCE
The SOFTWARE PRODUCT is protected by
copyright and intellectual property laws and international
treaties. The SOFTWARE PRODUCT is licensed, not
sold.
1.
EVALUATION USE. If, and only if, you have
been provided by Ellié Computing with a licence for
the purpose of evaluating Ellié Computing Merge
("Evaluation Licence"), this EULA grants you the following
rights in respect of that Evaluation Licence:
Feature Limited versus Full Featured
Evaluation. Ellié Computing may grant you,
free of charge, a full featured evaluation copy of the
SOFTWARE PRODUCT by any relevant mean (e.g. software
registration key, networked registration...). Such FULL
FEATURED EVALUATION version allows you to
test the SOFTWARE PRODUCT with the same
algorithms as the PRODUCTION licence. The FEATURE
LIMITED EVALUATION version may use additional
algorithms actually reducing the quantity of data
handled by the SOFTWARE PRODUCT.
Running the evaluation software. You may run
copies of the SOFTWARE PRODUCT on an unlimited number
of computers in the sole purpose of determining whether
the SOFTWARE PRODUCT meets your requirements. You may
evaluate the FULL FEATURED EVALUATION SOFTWARE PRODUCT
for a
Trial Period of up to 30 days. When the Trial
Period is complete or if you do not ask for a
Registration Code, you must either terminate your use
of the SOFTWARE PRODUCT, use only the FEATURE LIMITED
EVALUATION or purchase a PRODUCTION licence for the
SOFTWARE PRODUCT. In particular situations, Ellié
Computing can extend this period. Ellié Computing
may request you to certify the number of copies of the
SOFTWARE PRODUCT that you have made and/or are in your
possession or control. Ellié Computing may help
you determine the exact number of licences you need to
purchase to comply with this EULA.
You may (a) give unaltered copies of the
current evaluation version of the SOFTWARE PRODUCT to
any other person, firm or single entity, except for the
purpose of extending their evaluation period; (b)
distribute exact copies of the current evaluation
version of the SOFTWARE PRODUCT through electronic
channels; and (c) make as many exact copies of the
current evaluation version of the SOFTWARE PRODUCT for
the purposes of such personal or electronic
distribution. You may charge a reasonable fee for such
distribution media which must represent the sole cost
of the distribution media, electronic distribution must
be free of charge. Ellié Computing may in its
absolute discretion revoke these distribution rights at
any time for any reason whatsoever.
2.
PRODUCTION USE. If, and only if, you have
acquired from Ellié Computing a production licence for
the SOFTWARE PRODUCT ("Production Licence"), this EULA
grants you the following rights in respect of that
licence:
Feature Limited versus Full Featured Production
Licence. Ellié Computing may grant either
Feature Limited or Full Featured PRODUCTION licences.
Ellié Computing may propose or the End-User may
ask for Feature Limited Production Licence, such
licence grants the same rights as Full Featured licence
in nature but prevents access to certain algorithms of
the SOFTWARE PRODUCT.
Time Limited versus Permanent Production
Licence. Ellié Computing may grant Licences
for a Limited period of time, in which case the Licence
terminate at the end of the period of time specified
unless this period of time is extended by Ellié
Computing (in particular because of an extension
purchase). A Permanent Licence is granted for an
undetermined period of time.
Running the software. Either (a) you may run
any copies of the SOFTWARE PRODUCT, or any prior
version, for the Operating Systems for which the
SOFTWARE PRODUCT is Licensed on any number of computers
with the constraint that a SINGLE NAMED USER uses those
computers to run the software, one at a time or (b) you
may exclusively store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a networked
computer or plugable/removable disk device, in this
case, you must purchase a licence for each separate
COMPUTER on which the SOFTWARE PRODUCT MAY be used
concurrently.
Grouped Licences. Each Licence of a Licence
Group is granted the same rights as a unique
Licence.
Scoped Licence. Ellié Computing may grant
geographical entity or entity scoped (SCOPED) Licences.
Such SCOPED Licence grant ANY number (unless otherwise
stated) of CONCURRENT USERS the right to run the
SOFTWARE PRODUCT as long as they actually fit within
the SCOPE of the Licence.
3.
PERSONAL USE. If, and only if, you have
acquired from Ellié Computing a personal licence for
the SOFTWARE PRODUCT, this EULA grants you the following
rights in respect of that licence:
Running the software. You may run any
copies of the SOFTWARE PRODUCT, or any prior version
for the Operating Systems for which the SOFTWARE
PRODUCT is Licensed, on any number of computers with
the constraint that a SINGLE NAMED USER uses those
computers to run the software, one at a time.
4.
SOFTWARE TRANSFER. The original licensee
of the SOFTWARE PRODUCT may make a single irreversible
transfer of this EULA and SOFTWARE PRODUCT only directly to
an end user. This transfer must include the whole SOFTWARE
PRODUCT including Registration Information. The transferee
of such irreversible transfer must agree to comply with the
terms of this EULA, including the obligation not to further
transfer this EULA and SOFTWARE PRODUCT. The transfer of
the Licence terminates the acceptance of this EULA by the
original licensee, who must therefore comply with the
Termination clause.
5.
TERMINATION. Your licence is effective
upon your acceptance of this EULA and installing the
SOFTWARE PRODUCT. You may terminate this EULA at any time
by destroying the SOFTWARE PRODUCT together with all copies
in your possession. Ellié Computing may terminate this
EULA if you fail to comply with the terms of this EULA.
Upon termination, for wichever reason, you must destroy all
copies of the SOFTWARE PRODUCT installed or backed up.
Please visit the Ellié Computing web site
(http://www.elliecomputing.com) if you wish to purchase
licences to use the SOFTWARE PRODUCT for production
purposes.
6.
OTHER LIMITATIONS.
Alteration. You may not use or create software
which consequential effect is to alter the SOFTWARE
PRODUCT executables in any manner. You may not run such
altered executables.
Registration Mechanism. You may not use or
create software which generate storable or temporary
data which effect is to enable features in the SOFTWARE
PRODUCT unless explicitly and namely authorized to by
Ellié Computing.
Limitations on Reverse Engineering, Decompilation,
and Disassembly. You may not reverse engineer,
decompile, or disassemble the SOFTWARE PRODUCT, except
as stated by French law.
Others Limitations on Use. Except as permitted
by this EULA, you may not nor permit others to use,
copy or transfer the SOFTWARE PRODUCT; distribute,
rent, loan, lease, sub-license or otherwise deal in the
SOFTWARE PRODUCT; alter, adapt, merge or modify the
SOFTWARE PRODUCT in any way for any purpose; remove,
change or obscure any product identification or notices
of proprietary rights and restrictions on or in the
SOFTWARE PRODUCT.
Personal / Technical Information and Privacy.
In order to obtain support or purchase from Ellié
Computing, you may need to communicate personnal or
technical information, in particular input data
necessary to resolutions of technical problems.
Ellié Computing will not communicate this
information to any other entity without prior
anonymization and potential data obfuscation. You can
consult Ellié Computing Privacy Policy at
http://www.elliecomputing.com/home/cnil.asp.
Demonstration Software. If the SOFTWARE
PRODUCT is marked as "For Demonstration", then,
notwithstanding other sections of this EULA, your use
of the SOFTWARE PRODUCT is limited to use for
demonstration, test, or evaluation purposes and you may
not transfer the SOFTWARE PRODUCT.
Reservation of Rights. All rights not
expressly granted are reserved by Ellié
Computing.
7.
UPGRADES. If the SOFTWARE PRODUCT is
labelled or sold as an upgrade (UPGRADE), you must be
licensed to use an eligible product for the upgrade in
order to use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT
made up by the UPGRADE combined with the initial SOFTWARE
PRODUCT is itself licensed as a single product, which use
is governed by this EULA.
8.
MULTIPLE-MEDIA OR PLATFORM SOFTWARE. You
may receive the SOFTWARE PRODUCT in more than one medium
and/or for use with more than one Platform (Operating
System). The type, quantity or size of medium you receive
and the quantity of Platforms supported does not influence
the quantity of Licence nor the number or quality of users
who may run the software.
9.
BACKUP COPY. If you agree with this EULA,
you may keep the original on which the SOFTWARE PRODUCT was
provided by Ellié Computing and an additional copy
media solely for backup or archival purposes.
10.
UPDATES. Ellié Computing may revise
or update the SOFTWARE PRODUCT. It is your responsability
to access these updates when and if provided on Ellié
Computing web site.
11.
GOVERNING LAW. This Licence agreement is
governed by French law.
12.
LIMITED WARRANTY. Ellié Computing
liability will be exclusively limited at its own option,
either (a) refund of purchase price, if any, or (b)
replacement of the SOFTWARE PRODUCT media which is returned
to Ellié Computing with a copy of your receipt or
proof of purchase. This Limited Warranty is void if failure
of the SOFTWARE PRODUCT has resulted from accident, abuse,
or misapplication. Any replacement SOFTWARE PRODUCT will be
warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer.
Good data processing procedure dictates that
any program be thoroughly tested with non-critical data
before relying on it. The user must assume the entire risk
of using the program.
13.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SOFTWARE AND SUPPORT SERVICE IS PROVIDED "AS IS". ELLIE
COMPUTING DISCLAIMS ALL WARRANTIES RELATING TO THE SOFTWARE
OR SUPPORT SERVICE, WHETHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER ELLIE COMPUTING NOR ANYONE ELSE WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE
SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE THE SOFTWARE, EVEN IF ELLIE COMPUTING HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE
PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE.
14.
PARTIAL VALIDITY. If any provision of this
Agreement is held to be illegal, invalid, or unenforceable
under any present or future law, then that provision will
be fully severable, the remainder of this EULA will not be
affected.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS AND THAT YOU HAVE THE RIGHT TO DO SO. YOU
AGREE THAT IT IS THE ONLY STATEMENT OF THE AGREEMENT
BETWEEN YOU AND ELLIE COMPUTING WHICH SUPERSEDES ANY
PROPOSAL OR PRIOR AGREEMENT OF ANY KIND BETWEEN YOU AND
ELLIE COMPUTING OR ELLIE COMPUTING'S REPRESENTATIVE(S)
FOR THE SOFTWARE PRODUCT.
