Object
In submitting his/her order, the client implicitly agrees with the general terms and
conditions of sale herein. No dispositions (mail, acknowledgement receipts, etc) sent by
the client, other than those provided for in the present document, shall be deemed
acceptable by ADVANTYS, unless expressly accepted by the latter beforehand. All
information on this site is provided for information only and ADVANTYS reserves the right
to modify it at any time with no prior warning.
Legislation
Both parties agree that this contract shall be governed by French legislation.
Information about the software vendor
- ADVANTYS SARL
- RCS PARIS B 400 755 443
- 17 rue de la Baume 75008 PARIS, France
- Telephone +331 4413 4001
- www.advantys.com
- info@advantys.fr
Major features of the software
All the aspSmart products presented on this site are concerned by the present
conditions.
Each software program is sold with its own license (see license contract)
Geographical area covered by the offer : all countries via the Internet.
Delivery : on-line delivery once payment conditions have been accepted.
Price
Prices are shown in EURO.
Sales tax (VAT) on goods sold is applied at the current rate in France.
Invoices sent to the client for the software will show the price including taxes :
these will be calculated according to the rate applicable at the time the order was
placed.
Secure payment
We to great lengths to ensure the security of all on-line payments on our site,
which is why we opted for Payline’s secure payment solution. This system encrypts and
secures all the information you provide when you place your order (your credit card
number, for example) using the SSL protocol. Absolute confidentiality is guaranteed in so
far as your credit card number is sent directly to the bank’s processing center.
ADVANTYS is not involved in this process in any way.
Validity of the offer
This offer is valid as of 07.15.1999
Delivery
The software will be delivered via e-mail once payment has been accepted. If you do not
receive the software within 72 hours of placing your order on line, please send a message
to info@aspsmart.com
Guarantee and after-sale service
See software license
Personal information
The client consents to ADVANTYS’ keeping his/her personal details as provided at the
time of order on an internal client database. The client may access and/or amend this
information at any time in pursuance of bill n° 78-17 of January 6, 1978.
Litigation procedures
Litigation will come under the jurisdiction of the Paris courts.
License
By clicking on the accept button, or by installing the software described in the
offer or on the invoice, the person or company having taken out the license on one or more
products consents to being bound by the present contract and to becoming one of the
contracting parties. If the license holder does not accept all the terms of the contract,
he/she must click on the appropriate button and should not install or use the software.
This license entitles the paying client to use the aspSmart software under the conditions defined hereafter :
This license is governed by French law and is in compliance with
the act of parliament passed July 3, 1985 and the European Community directive passed May
14, 1991 which protect software and copyrights.
ADVANTYS
grants its clients the non-exclusive
right to use a copy of the aspSmart software on a web server (one IP address) when a server license
is purchased and on several web servers within the same company where a corporate license
is purchased. Any duplication, modification, adaptation, translation or creation of
printed material from the software or any modification, adaptation, translation or writing
of printed material using the printed matter provided with the software as a source,
without the prior written consent of ADVANTYS is strictly forbidden.
Property rights
The license holder is the legal owner of the magnetic medium on which the software is
recorded. However, the software itself is not sold : ADVANTYS retains the property
rights on the software itself, whichever medium is used to store it upon and at any moment
in time : original disks, plus any and all copies of the same which may have been
produced subsequently.
Sub license
The license to use aspSmart is granted to the license holder only and cannot be
transferred, even freely, to anyone without the prior written consent of ADVANTYS. The
license holder shall, under no circumstances, be entitled to transfer, yield, rent or
enjoy at any time, be it temporary or permanent, the usage rights which are granted to
him/her by the present license.
Limited guarantee
Once the license fees have been paid by the client, for a period of 90 days from the date
on which the client downloaded the product from an authorized download site – a
period referred to as the " period of guarantee " - ADVANTYS
guarantees that the unmodified product, once correctly installed and used, will have the
features as described in the corresponding on-line documentation.
This is an explicit guarantee and constitutes the only guarantee
offered on the product(s). ADVANTYS offers no other guarantee and consequently excludes
all other guarantees, explicit or implicit (be they de facto or de jure) concerning any
product or test data provided with a product.
ADVANTYS
shall expressly reject all guarantees in respect of the
titles, aptitude for commercialization, specific usage or non-violation of the rights of
third parties. ADVANTYS does not guarantee that its product(s) will correspond to the
license holder’s requirements or function in the conditions chosen by the latter, or
that the software product(s) will function perfectly, free of errors and without
interruption. ADVANTYS hereby declines all responsibility for the aforementioned reasons.
The security mechanisms in the software have their limits and it is beholding to the
license holder to ensure the software corresponds to his/her needs.
ADVANTYS
shall be under no obligation with regard to the present
contract, if the license holder accidentally or deliberately damages the media, alters,
modifies or makes improper use of the software ; uses the product(s) supplied with
software not written by ADVANTYS or uses it/them on a computer system different from that
for which the said software was originally intended ; or if the license holder
infringes on the terms of the present contract. The obligations of ADVANTYS within the
framework of the present limited guarantee are restricted to modifying or replacing any
product which is not in compliance with the guarantee. Where this guarantee is not
respected and if the license holder provides ADVANTYS with a written report during the
period of guarantee, ADVANTYS will take all reasonable steps to correct or replace the
errors or failures free of charge. This is the only exclusive appeal open to the license
holder, where the explicit or implicit guarantees are not respected.
However, certain jurisdictions do not accept the exclusion of
certain implicit guarantees. The exclusions of the ADVANTYS guarantee in the section of
the present limited guarantee nevertheless apply in the widest sense as authorized by
current legislation.
The present contract does not exclude guarantees which cannot be
excluded by law and any responsibility arising from the same will be limited in this case
to the correction or replacement of the product concerned, as decided upon by ADVANTYS.
Vendor liability
ADVANTYS shall under no circumstances be liable for damage indirect, special, accidental
or accessory, or any direct damage concerning only the database products supplied with the
product, including without restriction damage owing to loss of clientele, work stoppage,
computer downtime or malfunction or any other commercial damage or loss, even in cases
where ADVANTYS had previous knowledge of the possibility of such damage and whatever the
regulations with regard to responsibilities applicable in respect of claims, be they
contractual, or based on any other legal basis, or equitable.
With the exception of death or serious injury arising from
negligence on the part of ADVANTYS, in so far as current legislation forbids limitation,
ADVANTYS shall under no circumstances be liable for damages over and above the amount paid
to ADVANTYS for the license by the holder of the license deemed to be the cause of the
said damages, even in cases of failure of the principal objective of any limited remedy or
invalidity of the sub-section below. Certain jurisdictions do not allow exclusion or
limitation of accidental or accessory damages, meaning this exclusion and limit may not be
applicable to you. All the information provided with a product on delivery by ADVANTYS
is
only provided for the purposes of testing and ADVANTYS disclaims all responsibility which
may result. The extent of ADVANTYS’ liability with regard to the clause on limited
guarantee is defined by this clause.
Personal novation
The client may not yield, transfer, delegate or license the rights or obligations
resulting from the present contract, in whatever shape or form, without the prior written
consent of ADVANTYS.
Termination / end of contract
Where either party fails to observe the obligations stipulated herein, the present
contract shall be terminated by right 15 days after sending a letter to that effect by
registered mail with acknowledgement of receipt and which fails to solicit a reaction from
the addressee.
The present contract shall be terminated by right, should the
client stop payment or if either of the parties is in turnaround or liquidation subject to
court supervision.
Litigation
Any disagreement which may arise between the parties with regard to the
interpretation and/or execution of the present contract shall by default come under the
jurisdiction of the Paris Commercial Court.
Per
Developer License
contract
The following terms shall apply to the following
commercial products : aspSmartDate, aspSmartCache, aspSmartSecurity,
aspSmartImage, aspSmartMenu, aspSmartZip, smartXUpload, aspSmartTools Suite.
License
By clicking on the accept button, or by installing the software described in the
offer or on the invoice, the person or company having taken out the license on one or more
products consents to being bound by the present contract and to becoming one of the
contracting parties. If the license holder does not accept all the terms of the
contract, he/she must click on the appropriate button and should not install or use the software.
This license entitles the paying client to use the aspSmart software under the conditions defined hereafter :
This license is governed by French law and is in compliance with
the act of parliament passed July 3, 1985 and the European Community directive passed May
14, 1991 which protect software and copyrights.
ADVANTYS
grants its clients the non-exclusive right to install the aspSmart
software for use by a single developer on a computer with a single set of
input devices, so long as such computer is used only by one developer. The
developer may use the aspSmart
software to design, develop, and test web application. The client may not
network the aspSmart
software and/or otherwise allow it, or any component part of it, to be
used by any more than one developer.
ADVANTYS
grants its clients a royalty-free right to reproduce and distribute the aspSmart
software with its web applications provided that the clients (a) distribute
the aspSmart software only in conjunction with and as a part of its web
application or as an application component; (b) do not use ADVANTYS or
aspSmart 's name, logo, or trademarks to market its web applications without
the express written consent of ADVANTYS;
(c) include ADVANTYS copyright notice for the aspSmart software on its product
documentation, (“This product includes software developed by
ADVANTYS
Copyright
© ADVANTYS 1995-2002. All Rights Reserved”); (d) agree to indemnify, hold
harmless, and defend ADVANTYS, its suppliers and resellers, from and against
any claims or lawsuits, including attorney's fees that may arise from the use
or distribution of its web applications with the aspSmart software components;
(e) do not distribute, bundle, wrap or subclass the aspSmart software as a
component which, when used in a desingtime development
environment exposes the programmatic interface of the aspSmart software.
ADVANTYS reserves all rights not expressly granted to its client in this
license contract.
Property rights
The license holder is the legal owner of the magnetic medium on which the software is
recorded. However, the software itself is not sold : ADVANTYS retains the property
rights on the software itself, whichever medium is used to store it upon and at any moment
in time : original disks, plus any and all copies of the same which may have been
produced subsequently.
Sub license
The license to use aspSmart is granted to the license holder only and cannot be
transferred, even freely, to anyone without the prior written consent of ADVANTYS. The
license holder shall, under no circumstances, be entitled to transfer, yield, rent or
enjoy at any time, be it temporary or permanent, the usage rights which are granted to
him/her by the present license.
Limited guarantee
Once the license fees have been paid by the client, for a period of 90 days from the date
on which the client downloaded the product from an authorized download site – a
period referred to as the " period of guarantee " - ADVANTYS
guarantees that the unmodified product, once correctly installed and used, will have the
features as described in the corresponding on-line documentation.
This is an explicit guarantee and constitutes the only guarantee
offered on the product(s). ADVANTYS offers no other guarantee and consequently excludes
all other guarantees, explicit or implicit (be they de facto or de jure) concerning any
product or test data provided with a product.
ADVANTYS
shall expressly reject all guarantees in respect of the titles, aptitude for
commercialization, specific usage or non-violation of the rights of
third parties. ADVANTYS does not guarantee that its product(s) will correspond to the
license holder’s requirements or function in the conditions chosen by the latter, or
that the software product(s) will function perfectly, free of errors and without
interruption. ADVANTYS hereby declines all responsibility for the aforementioned
reasons.
The security mechanisms in the software have their limits and it is beholding to the
license holder to ensure the software corresponds to his/her needs.
ADVANTYS
shall be under no obligation with regard to the present contract, if the license holder accidentally or deliberately damages the media,
alters,
modifies or makes improper use of the software ; uses the product(s) supplied with
software not written by ADVANTYS or uses it/them on a computer system different from that
for which the said software was originally intended ; or if the license holder
infringes on the terms of the present contract. The obligations of ADVANTYS within the
framework of the present limited guarantee are restricted to modifying or replacing any
product which is not in compliance with the guarantee. Where this guarantee is not
respected and if the license holder provides ADVANTYS with a written report during the
period of guarantee, ADVANTYS will take all reasonable steps to correct or replace the
errors or failures free of charge. This is the only exclusive appeal open to the license
holder, where the explicit or implicit guarantees are not respected.
However, certain jurisdictions do not accept the exclusion of
certain implicit guarantees. The exclusions of the ADVANTYS guarantee in the section of
the present limited guarantee nevertheless apply in the widest sense as authorized by
current legislation.
The present contract does not exclude guarantees which cannot be
excluded by law and any responsibility arising from the same will be limited in this case
to the correction or replacement of the product concerned, as decided upon by ADVANTYS.
Vendor liability
ADVANTYS shall under no circumstances be liable for damage indirect, special, accidental
or accessory, or any direct damage concerning only the database products supplied with the
product, including without restriction damage owing to loss of clientele, work stoppage,
computer downtime or malfunction or any other commercial damage or loss, even in cases
where ADVANTYS had previous knowledge of the possibility of such damage and whatever the
regulations with regard to responsibilities applicable in respect of claims, be they
contractual, or based on any other legal basis, or equitable.
With the exception of death or serious injury arising from
negligence on the part of ADVANTYS, in so far as current legislation forbids limitation,
ADVANTYS shall under no circumstances be liable for damages over and above the amount paid
to ADVANTYS for the license by the holder of the license deemed to be the cause of the
said damages, even in cases of failure of the principal objective of any limited remedy or
invalidity of the sub-section below. Certain jurisdictions do not allow exclusion or
limitation of accidental or accessory damages, meaning this exclusion and limit may not be
applicable to you. All the information provided with a product on delivery by ADVANTYS
is
only provided for the purposes of testing and ADVANTYS disclaims all responsibility which
may result. The extent of ADVANTYS’ liability with regard to the clause on limited
guarantee is defined by this clause.
Personal novation
The client may not yield, transfer, delegate or license the rights or obligations
resulting from the present contract, in whatever shape or form, without the prior written
consent of ADVANTYS.
Termination / end of contract
Where either party fails to observe the obligations stipulated herein, the present
contract shall be terminated by right 15 days after sending a letter to that effect by
registered mail with acknowledgement of receipt and which fails to solicit a reaction from
the addressee.
The present contract shall be terminated by right, should the
client stop payment or if either of the parties is in turnaround or liquidation subject to
court supervision.
Litigation
Any disagreement which may arise between the parties with regard to the
interpretation and/or execution of the present contract shall by default come under the
jurisdiction of the Paris Commercial Court.