I. TERMINOLOGY :
The word "Software" means
the full software package containing application, documentation,
serial number, interpretation and data files.
II. OBJECT :
You can use the Software
only on the condition that you accepts all the terms contained in
this license agreement. On this condition, Astroquick sarl (ASTROQUICK),
a French public company, (ASTROQUICK SARL 10 Parc Club du MillÚnaire - 1025 avenue Henri Becquerel -
F 34000 Montpellier) grants You the right to use the Software.
If you do not agree with these terms and conditions, you should
- break the Software media seal,
- break the Software serial number seal,
- install or use the Software.
You can then return the media containing the Software along with
the package to the location where you obtained it for a full refund.
III. OWNERSHIP AND LICENSE
ASTROQUICK continues to own the
copy of the Software contained in the package and all other copies
that You are authorized to make by this agreement. Your's rights
to use the Software are specified in this agreement, and ASTROQUICK retains
all rights not expressly granted to You in this agreement.
ASTROQUICK grants You, a personal and non-exclusive right to use the programs
You has purchased a License and has received an authorized serial
number and related files (the "Software").
IV. SOFTWARE RIGHTS
BACK-UP COPY :
You are alowed to install and use the Software on one computer,
on the condition that the Software is used only on one computer
at a time. At any time You may immediately prove ownership of the
original Software License.
You can make a copy of the Software, only for demo, back-up or archival
purposes, not-crypted and on the following conditions:
1 - all back-up files be made on media support not connected with
2 - You always keep the original Software and all back-up files
3 - You do not allow any third party to use Software back-up files
4 - You always reproduces all the copyright, trademark and other
proprietary notices which appear on or in the Software.
Any rent or share of the Software is strictly forbiden.
You can transfer all Your's right to use the Software to a third
party, provided that You transfers this agreement and the Software
including all copies, updates and prior versions, and all documentation
to such third party and provided that You retains no copies of
the Software. Such transfer involves the termination of the license
granted to You who has no longer any right to use the Software.
OBLIGATION & ENGAGEMENT :
You may NOT:
1 - Share or rent the right to use the Software,
2 - Copy, distribute, give, publish, partially or completely,
the Software files or serial number,
3 - Use or install the Software on a network server computer (intranet
4 - Modify, translate, reverse-engineer, decompile, disassemble,
partially or completely, the Software, except as otherwise mentioned
by the legislative measures in force.
5 - Remove or alter any Software identification, proprietary notice,
labels or trademarks which appear on or in the Software.
6 - Distribute or publish documents made with the Software except
graphics or paper printed interpretations under the condition
of commercial use defined below.
SOFTWARE PRODUCTION RIGHTS
For the kind of use indicated on the media labels or other
enclosed materials, ASTROQUICK grants the following rights:
"Personnal Use" means the Software production (graphics or
texts) are for private purpose only and can not be sold, published
"Professional Use" means the Software production (graphics
or texts) can be use for business purpose, only on the following
- Do not remove or alter any proprietary notice, labels or trademarks
which appear on or in the Software products,
- Do not use ou share the use of the Software products on or via
- Do not sell, publish or distribute Sotware interpretation products
by other media that paper printed documents, like computer media,
network, email or any other kind of media.
V. TECHNICAL SUPPORT SERVICES
AND UPDATE RIGHTS :
ASTROQUICK is not engaged by editing
new software update.
You have to register at ASTROQUICK by appropriate means to obtain
technical support services and update rights to any Software update
that ASTROQUICK should publish. If You purchase an updated version of the
Software, it is still a single Software and license with the previous
VI. INTELLECTUAL PROPERTY
The Software is the intellectual
property of ASTROQUICK and/or its suppliers and is protected by French
copyright law, international treaty provisions, and applicable laws
of the country in which it is being used.
Trademarks, logos and tradenames quoted on or in the Software are
the property of their respective owners.
Any reproduction whether whole or partial of the Software is only
granted on the absolute condition that it contains all the legal
specifications of the Software property.
VII. WARRANTY & RESPONSIBILITY
ASTROQUICK exclusively warrants
that the Software is recorded on a medium free from defects in materials
and workmanship under normal use and service for a period of ninety
(90) days from the date of delivery as evidenced by a copy of the
sales receipt, provided that You returns the Software to the location
where the Software was obtained.
In case of such failure, ASTROQUICK's entire liability and Your's entire
remedy shall be, at ASTROQUICK's option, either the replacement of the
media, being agreed that the replacement Software will be warranted
for the remainder of the original warranty period, or the refund
of the license fee paid for the Software and the termination of
The software is provided "as is", without warranty of any kind,
either express or implied, including but not limited to the warranties
of performance, merchantability, fitness for any particular purpose,
and non-infringement to third party rights.
More specifically, ASTROQUICK does not warrant that the functions included
in the Software will meet Your's requirements or that the operation
will be uninterrupted or error free. The entire risk and responsibility
as to the use and any product of the Software is with You.
VIII. LIMITED WARRANTY &
Neither ASTROQUICK nor anyone
else who has been involved in the design, production, or distribution
of the software will be liable for any incidental, consequential,
direct or indirect damages caused to licensee, any user or third
party, including but not limited, to the loss of profits, loss of
data or any other financial loss arising from the use of the program
or inability to use it even if ASTROQUICK has been notified of the possibility
of such damages. In any case, ASTROQUICK's liability shall not exceed the
amount of money in application of this license of agreement. The
foregoing does not affect or prejudice Your's statutory rights.
IX. TERM & TERMINATION
This license is effective
until terminated. You may terminate a License at any time without
cause upon written notice. This termination shall not relieve You
from its liability arising before the termination date.
If You fails to comply with any provision of this agreement, this
license and your right to use the Software automatically terminate.
This termination does not prevent ASTROQUICK from claiming any further
Upon termination for any reason, You shall destroy or return the
Software and, any copy made whether partial or whole, to ASTROQUICK. You
shall certify by means of a written document duly signed by a legal
representative that the provisions of the present article have been
respected within a time limit of thirty (30) days from the date
X. MISCELLANEOUS DISPOSITION
No change or modification
to this agreement will be valid unless it is in writing, and is
signed by an authorized officer of ASTROQUICK.
XI. LAW AND COMPETENT COURTS
This agreement will be
governed by the laws in force in the country or state where ASTROQUICK
or the local ASTROQUICK subsidiary or distributor is located. Any dispute,
controversy or claim arising out of or related to this agreement
shall be settled by adjudication before the competent courts of
the country or state where You has obtained this Software. In France
it shall be in Tribunal de Commerce de Montpellier.
YOU ACKNOWLEDGES TO HAVE READ,
UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF
THE AGREEMENT PRINTED ABOVE.