[C4B PortFolio], "Adobe AIR Framework & Powerbuilder framework and object libraries" for Bacardi-Martini Salesmap software.
NOTE TO THE USER: THIS IS A CONTRACT CONCLUDED BETWEEN YOURSELF AND COMPONENTS FOR BUSINESS s.a.r.l., A SWISS COMPANY. BY INSTALLING THE SOFTWARE (AS DEFINED HERE BELOW) YOU CONFIRM YOUR ACCEPTANCE TO BE BOUND BY ALL THE CLAUSES AND CONDITIONS OF THE PRESENT CONTRACT.
This license agreement of the end user of COMPONENTS FOR BUSINESS s.a.r.l. comes with the software [C4B – PortFolio for Salesmap] and documents explaining the use of the software. The present contract and all the ensuing questions will be governed by the Swiss law.
The term "software" relates to upgrades, modified versions, or updates of the software for which COMPONENTS FOR BUSINESS s.a.r.l. granted you the license. Please read this contract carefully. If you do not understand this contract or if you believe that this contract does not apply to you, please contact customer services at COMPONENTS FOR BUSINESS s.a.r.l.
The present contract is a license agreement, and not a sales contract. COMPONENTS FOR BUSINESS s.a.r.l. remains the owner of this copy of the software and any other copy which the present contract authorizes you to make.
As soon as you accept this contract COMPONENTS FOR BUSINESS s.a.r.l. grants to you a non-exclusive license to use the software, provided that you accept the following:
1. Use of the software
You are authorized to install the software on a hard disk or another storage device and to make back-up copies of the software. By way of the present contract, COMPONENTS FOR BUSINESS s.a.r.l. grants you the right to use a copy of the software [C4B PortFolio] on a computer.
You will make sure that no copies will be made of the software [C4B PortFolio] and the documentation and that no copy can leave your premises, if they are not the back-up copies according to the established procedure.
2. Copyrights and trademarks.
The Software is the intellectual property of COMPONENTS FOR BUSINESS s.a.r.l. It is furthermore protected with regards to the copyright law under European legislation, the capacities of international treaties and the applicable laws in the country where it is used. COMPONENTS FOR BUSINESS s.a.r.l. retains all the title deeds, the copyright and the other exclusive rights of the software [C4B PortFolio].
You do not gain any rights to the software other than those specified in the present contract. Its structure, organization and its code are valuable trade secrets and confidential information owned by COMPONENTS FOR BUSINESS s.a.r.l. You cannot modify, adapt, translate, reverse engineer, decompile, dismantle the software or try in some other way to discover the source code and it is forbidden to reproduce the software’s code or to translate the format of this code. You can use trademarks but only to identify printed output data produced by the software, in accordance with the rules for the use of trademarks, including the identification of the name of the mark’s owner. Such use of any trademarks confers you no rights of ownership over this mark. The present contract does not grant you any intellectual property rights to the software.
3. Acceptance
By accepting the present contract or by accepting the invitation to install from the System Administrator, you admit to being cognizant of the characteristics of the software [C4B PortFolio].
4. Limitations.
The right of use and the present contract are personal and non-transferable. By accepting the terms of this contract, you are forbidden to rent, to sell, to communicate the software [C4B PortFolio] in full or in part with a third party.
5. General provisions.
If any of the provisions in the present contract are deemed as null and void and not enforceable, the validity of the remaining provisions remains unaffected and continue to be applicable and enforceable. The present contract will be automatically cancelled in the event of non-compliance with its terms on your part.
6. Guarantee
For every software license, COMPONENTS FOR BUSINESS s.a.r.l. guarantees that the software, unless it is modified by you, will perform the functions described in the documentation supplied for a period of one hundred and eighty (180) days as from the delivery date of the software,. By way of the guarantee, COMPONENTS FOR BUSINESS s.a.r.l. is committed to correcting the errors indicated during the period of cover. Your guarantee is valid under the following conditions: - You identify and present the error. - COMPONENTS FOR BUSINESS s.a.r.l. is informed of the error - The error must be reproducible within the contractual limits of use. - You must have satisfied all your contractual obligations.
7. Responsibility
You assume all responsibility other than that assumed by COMPONENTS FOR BUSINESS s.a.r.l. within the framework of the present contract.
COMPONENTS FOR BUSINESS s.a.r.l. cannot be considered liable for any possible financial, commercial damages or other damages whether direct, indirect, incidental or subsequent loss (including and without being limited to any damage from loss of income, interruption, loss of data or any other economic loss), whatever it may be, that could result from the use of the software’s forms [C4B PortFolio], even if COMPONENTS FOR BUSINESS s.a.r.l. was already informed of the possibility of such a loss. In any event, the liability of COMPONENTS FOR BUSINESS s.a.r.l., according to the terms of this contract, will be limited to the cost of the purchase price paid for the license.
8. Contractual limits of use
The object libraries of [C4B PortFolio] are made to work in WINDOWS XP, SEVEN ( 32 bits), Windows 8, Android and iOs.
9. Miscellaneous
This software is partially based on the work of ' Independent JPEG Group’
10. Applicable law in Switzerland
The present contract is governed by Swiss law (with the exception of the rules of conflicts of laws). The present contract is not governed by the United Nations Convention on Contracts for the International Sale of Goods, nor by the Uniform Law on the formation of contracts for the international sale of goods, nor by the Uniform Law relative to the international sale of goods, nor by any law, any regulation or any regulations of any kind based on the aforementioned Convention and the aforementioned Uniform Laws. The application of the aforementioned Convention and the aforementioned Uniform Laws is expressly excluded. You agree with COMPONENTS FOR BUSINESS s.a.r.l. that the proof of your acceptance and the existence of the present contract are sufficiently reported with the electronic recording of the agreement, which you generate by clicking the appropriate box and/or by the fact that the software could be installed.
11. Duration
In the case of a demonstration version, unless there is a specific agreement, this agreement is applicable for a period of two months.