End-User License Agreement (EULA) of KICKLE
This End-User License Agreement ("EULA") is a legal agreement between you and KICKLE SAS
This EULA agreement governs your acquisition and use of our KICKLE software ("Software") directly from KICKLE SAS or indirectly through a KICKLE SAS authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the KICKLE software. It provides a license to use the KICKLE software and contains warranty information and liability disclaimers.
If you register for a free trial of the KICKLE software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the KICKLE software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by KICKLE SAS herewith regardless of whether other software is referred to or described herein. The terms also apply to any KICKLE SAS updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
KICKLE SAS hereby grants you a personal, non-transferable, non-exclusive licence to use the KICKLE software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the KICKLE software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the KICKLE software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- use the Software for any purpose that KICKLE SAS considers is a breach of this EULA agreement
Intellectual Property and Ownership
KICKLE SAS shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of KICKLE SAS.
KICKLE SAS reserves the right to grant licences to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to KICKLE SAS.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Disclaimer of warranty.
To the maximum extent permitted by applicable law, the KICKLE software and services are provided "As is", with all faults and without
Warranty of any kind you expressly acknowledge and agree that, to the extent permitted by applicable law, your use of the KICKLE software and services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. KICKLE SAS and its licensors hereby disclaim all warranties and conditions with respect to the KICKLE software and services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. KICKLE SAS does not warrant against interference with your enjoyment of the KICKLE software or services, that the functions contained in the KICKLE software or services will meet your requirements, that the operation of the KICKLE software or services will be uninterrupted or error-free, or that defects in the KICKLE software or services will be corrected. No KICKLE SAS dealer, agent, or employee is authorized to make any modification, extension, or addition to this disclaimer of warranty. Some jurisdictions do not allow exclusions of implied warranties or limitations on applicable statutory rights of consumers, so the above exclusions and limitations may not apply to you.
Limitation of liability.
To the extent not prohibited by applicable law, in no event will KICKLE SAS or its licensors be liable for any costs of procurement of substitute products or services, lost profits, loss of information or data, or any other special, indirect, consequential, or incidental damages arising in any way out of the sale, license or use of, or inability to use any KICKLE SAS product or service, however caused, regardless of the theory of liability (contract, tort or otherwise), even if KICKLE SAS has been advised of the possibility of such damages. In no case will KICKLE SAS's and its licensors’ total liability exceed the actual money paid for the KICKLE SAS product or service giving rise to the liability. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.
Controlling Law and Severability.
This agreement will be exclusively governed by the laws of France. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.
Updates.
KICKLE SAS shall have no obligation to provide updates or support for the Software. In the event that KICKLE SAS, in its sole discretion, provides your product with updates and/or upgrades to the Software ("Updates"), you agree that KICKLE SAS may, for any reason at any time, terminate any such Updates. KICKLE SAS and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about your KICKLE software, peripherals and other related devices, that is gathered periodically to facilitate the provision of Updates, product support and other services to you (if any) related to the KICKLE software, and to verify compliance with the terms of this agreement. KICKLE SAS may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services to you.
The Software is protected by European copyright law and international treaty. Unauthorized reproduction or distribution of the Software is subject to civil and criminal penalties.
