Licence

LICENCE CONTRACT OF THE SOFTWARE

 

NOTICE FOR THE USER: PLEASE READ THE PRESENT CONTRACT CAREFULLY. WHEN COPYING, INSTALLING OR USING THE SOFTWARE AS A WHOLE OR PARTIALLY, YOU ACCEPT ALL OF THE PRESENT CONTRACT’S MEASURES. YOU RECOGNISE THAT THIS CONTRACT IS OF THE SAME NATURE AS ANY OTHER WRITTEN CONTRACT YOU WOULD HAVE NEGOCIATED AND SIGNED.

The present end-user licence Contract (the “Contract”) is a legal agreement concluded between you, single individual user (the “Holder”) and ChrisKatDev.com, MARCILLY-EN-GAULT, FRANCE (« ChrisKatDev »), and governing the PhotosArtist software, which includes the documentation and the software accompanying the present Contract, particularly the programs, the electronic documentation, the readme file, the online help and any other piece of information or documentation related (collectively called the “Software”).

When clicking on the accept button, installing or using the Software, you accept to be held by the present licence Contract’s measures.



If you do not agree with those measures, ChrisKatDev refuses to grant you the Software’s licence. If you do not agree with those measures, click on the corresponding button, do not install, do not copy and do not use the Software.


 

1 Software’s licence


a) Licence granting 

The present Software is granted under licence, and not sold to the Holder by ChrisKatDev. You recognise that the property rights or titles of the Software are not yielded to you.

You are the proprietor of the media on which the Software is saved, but ChrisKatDev conserves the rights, titles and interests bound with the Software, submitted to copyrights, manufacturing secrets, brands and patents, among other property and intellectual property rights (“Property rights”). 

b) Restrictions of use 

b1) In accordance with the present Contract, ChrisKatDev concedes the non-exclusive right to install and use the Software according to its expected use to the Holder, particularly to create electronic photo albums on a computer or workstation.

b2) Backup Copy. You are allowed to perform a reasonable amount of backup copies of the Software, as long as you do not use your backup copies for any other purpose than filing. The Holder should reproduce the copyrights and other property rights present on the original copy of the Software on all backups of the Software.

b3) ChrisKatDev does not concede any right or licence to the Holder, apart from those explicitly conceded above.  

   

c) Other specific restrictions 

In order to remove any ambiguity, the limited user licence conceded above includes the following Software’s use restrictions and limitations.

c1) Reverse engineering and decompiling

The Holder recognises that codes, structures, methods and other elements constituent of the Software are confidential and represent manufacturing secrets of ChrisKatDev. In accordance with that measure, the Holder is not authorised to disassemble, decompile, deconstruct the logic of the Software in order to create source codes stemming from the program constituent of the Software or reduce algorithms, structures or other constitutive elements of the program into a visible form. The Holder is not authorised to alter or translate the Software.

c2) Limited use

Unless stated otherwise explicitly in section 1(a) above, the Holder is not authorised to spread, distribute, alter, copy or order copies of the Software, in its entirety or partially, nor to sell, let, concede under licence or lend the Software without the prior written consent of ChrisKatDev.


 

2 Use of the photo albums in PDF format

 

The Software conceded under licence can only be used to create photo albums in PDF format with photos in JPEG format of which the Holder is the proprietor or rights holder.

The Holder will be able to put these photo albums in PDF format at the disposal of third parties, particularly to be printed.

The photo albums in PDF format cannot be used to make malicious, libellous, fraudulent, indecent, obscene or pornographic documents, or documents representing a counterfeit of intellectual property rights of third parties, nor be used to any other illicit purpose.

You are not authorised to resell a right on a brand relative to the photo albums in PDF format or any by-product.


 

3 Copyrights, brands and patents
 

album-photo-artist, AlbumPhotosFacile, PhotosArtist and the ChrisKatDev and PhotosArtist logos are trademarks, registered or not, of ChrisKatDev or of Christian MÉLINE. This product is governed by the intellectual property laws and has been registered by Christian MÉLINE at the Agence pour la Protection des Programmes (Agency for the Protection of Programs) (APP - 249, rue de Crimée - 75019 Paris).

The Software, including, but not exclusively, the pictures and text featured in it, are protected by international laws on copyrights.



The present Contract does not concede any other right, licence or interest to the Holder regarding the copyrights, brands and patents, other than those conceded above.



The Holder recognises that it will not assert any right, licence or interest other than those conceded in the present Contract and will not question the exclusive property of ChrisKatDev or of Christian MÉLINE on those copyrights, brands and patents. 


 

4 Communication of the present Contract’s measures
 

The Holder accepts to apply itself to informing any user having access to the Software, or to the computer it is installed on, of all applicable restrictions regarding the limited use of the Software, and to fulfil its other duties and obligations in accordance with the present Contract.

The Holder promises to inform ChrisKatDev immediately if it knows of a failure to comply with one of the restrictions stipulated in the present Contract, or if it has reasons to suspect it.


 

5 Termination
 

The present Contract is in force until its termination. The Holder may terminate the present Contract at any time by returning all disks, CD, and the documentation joined to the Software or other copies of the Software in his possession to ChrisKatDev.

The present Contract is automatically and immediately terminated in case of failure to comply with its measures by the Holder, without notice or other actions on ChrisKatDev’s part. In this case, the Holder is bound to destroy all copies of the Software in its possession.


 

6 Improvements
 

The Holder recognises that ChrisKatDev or Christian MÉLINE can, on a non-exclusive basis, use to all purposes, on any known or later-developed media, the suggestions, improvements or other information, ideas, concepts, know-how, copyrighted works and inventions (including Software correctives passed on verbally or in writing) developed by the Holder during the duration of the present Contract (collectively referred to as “Improvements”).

The Holder is bound to notify ChrisKatDev quickly of those Improvements, without any royalty or compensation obligation on ChrisKatDev’s part.


 

7 Absence of guarantee
 

CHRISKATDEV OR CHRISTIAN MÉLINE PROVIDE THE SOFTWARE « AS IS », WITHOUT ANY GUARANTEE. CHRISKATDEV OR CHRISTIAN MÉLINE RULE OUT ANY GUARANTEE, EXPRESSED OR IMPLICIT, INCLUDING BUT NOT EXCLUSIVELY, ANY IMPLICIT GUARANTEE OF MARKETABLE QUALITY AND APPROPRIATENESS TO A SPECIFIC USE ; ANY GUARANTEE RESULTING FROM HAVIT OR COMMERCIAL USE ; ANY GUARANTEE OF ABSENCE OF VIOLATION OF ONE OF THE PATENTS, MANUFACTURING SECRETS, BRANDS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS BELONGING TO THIRD PARTIES. CHRISKATDEV OR CHRISTIAN MÉLINE DOES NOT GUARANTEE THAT THE SOFTWARE’S FUNCTIONS WILL BE IN ACCORDANCE WITH THE HOLDER’S DEMANDS, THAT IT WILL FUNCTION WITHOUT INTERRUPTION OR MISSCARRIAGES, OR THAT ITS FLAWS WILL BE OR WILL BE ABLE TO BE CORRECTED. FURTHERMORE, CHRISKATDEV OR CHRISTIAN MÉLINE RULE OUT ANY GUARANTEE AND DOES NOT MAKE ANY STATEMENT REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF PRECISENESS, ACCURACY, RELIABILITY OR ELSE. NO PIECE OF INFORMATION OR ADVICE COMMUNICATED ORALLY OR IN WRITING BY CHRISKATDEV OR CHRISTIAN MÉLINE OR BY ONE OF ITS AUTHORISED REPRESENTATIVES AND NO OTHER STATEMENT MADE BY CHRISKATDEV OR CHRISTIAN MÉLINE OR ITS AUTHORISED REPRESENTATIVES WILL REPRESENT A GUARANTEE.


 

8 Restriction of responsibility
 

CHRISKATDEV OR CHRISTIAN MÉLINE WILL NOT BE HELD RESPONSIBLE IN ANY CASE OF BENEFIT OR INCOME LOSSES, OF SECONDARY, INDIRECT OR SPECIAL DAMAGES, OF DAMAGES PRONOUNCED AS A DISCIPLINARY MEASURE, OF DAMAGES RESULTING FROM THE USE OF THE SOFTWARE OR RELATED TO THE INABILITY TO USE IT, EVEN IF CHRISKATDEV OR CHRISTIAN MÉLINE OR ITS AUTHORISED REPRESENTATIVES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THOSE DAMAGES HAVE BEEN CAUSED BY THE NEGLIGENCE OF CHRISKATDEV OR CHRISTIAN MÉLINE. IN ANY EVENT, THE TOTAL RESPONSIBILITY OF CHRISKATDEV OR CHRISTIAN MÉLINE FOR ANY DAMAGE, LOSS OR CAUSE FOR ACTION, WHATEVER THE INVOKED FOUNDATION, WILL NOT BE ABLE TO EXCEDE THE PRICE OF THE SOFTWARE ITSELF.


 

9 Generalities
 

a) For any Holder located out or outside of the French territory, the French legislation on software and intellectual property governs the interpretation and the implementation of the present Contract. The Software is protected by the law, including the French and other countries laws on copyrights and by international treaties’ measures.

b) If, for any reason whatsoever, a clause or measure of the present Contract would prove to be illegal or inapplicable in a certain way, it would apply to other persons or in other circumstances than those for which it is considered illegal or inapplicable and would not affect neither the validity nor the application of the other measures in the limits enacted by the law.

c) The present Contract constitutes the entirety of the agreement between the parties regarding the Software, and cancels and replaces all previous or currently valid contracts, or agreements, declarations, guarantees, promises and other communications, in writing or verbal, regarding the Software. Any alteration, modification, variation or renunciation to this Contract will only be valid if it is notified in writing and signed by both parties.