Software License Agreement

VERY IMPORTANT – READ CAREFULLY:

This Screenpresso Software License Agreement (hereinafter, this « LICENSE ») is a legal agreement between you (either an individual or a single entity) and Learnpulse SAS. (« Screenpresso »), for the software containing this LICENSE or products identified on the Screenpresso.com web site, on the disk or CD-ROM enclosed with the package which contain computer software and associated media and printed materials, and may include « on-line » or electronic documentation (the « SOFTWARE ») and for which the activation-Key(s) are either provided on the back of the enclosed CD case or obtained through Learnpulse or its authorized distributor.

IT IS NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE BEFORE YOU ARE PERMITTED TO CONTINUE TO INSTALL THE SOFTWARE. BY CLICKING THE « I ACCEPT » BUTTON, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY AND TERMINATION PROVISIONS.

If you do not agree to the terms of this LICENSE, close this window to EXIT NOW.

I. OWNERSHIP; LICENSE GRANT.

This is a license agreement and NOT an agreement for sale. Learnpulse continues to own the copy of the SOFTWARE contained on the web site, disk or CD-ROM and all copies thereof. Your rights to the SOFTWARE are specified in this LICENSE, and Learnpulse retains all rights not expressly granted to you in this LICENSE. Learnpulse hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify the SOFTWARE only as authorized below.

II. PERMITTED USES.

This LICENSE grants you the following rights:

A. The SOFTWARE can be used for personal usage (at home) as well as for commercial usage (at work) with and without license key. The following restriction apply for unregistered users (if no license key is found) : Screenpresso is updated each time a new version of Screenpresso is released. This requires that Internet network must be operational: firewall and other HTTP traffic management must not be used to block updates of Screenpresso.

III. PRIVACY POLICY

Refer to Privacy Policy.

IV. PROHIBITED USES.

You may not, without the prior written permission of Learnpulse:

A. Disassemble, decompile or « unlock », decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided in object code form only.

B. Use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.

C. Transfer, rent, lease, or sublicense the SOFTWARE.

D. Distribute the SOFTWARE in a run-time.

E. Distribute the SOFTWARE via a public Internet access.

V. COPYRIGHT.

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and « applets » incorporated into the SOFTWARE) and the accompanying printed materials are owned by Learnpulse or its suppliers. The SOFTWARE is protected by France copyright laws and international treaty provisions. All rights are reserved worldwide. You must treat the SOFTWARE like any other copyrighted material, except that you may, in addition to the copies permitted in this LICENSE, make one copy of the SOFTWARE solely for backup or archival purposes. No part of the accompanying printed materials may be reproduced, transmitted, transcribed, stored in any retrieval system, or translated into any language by any means without the express prior written permission of Learnpulse.

VI. TERMINATION.

This LICENSE and your right to use the SOFTWARE will terminate immediately without notice from Learnpulse if you fail to comply with the terms and conditions of this LICENSE. Upon termination, you agree to destroy the SOFTWARE, including all accompanying documents and copies. This is in addition to and not in lieu of any criminal, civil or other remedies available to Learnpulse.

VII. LIMITED WARRANTY.

A. Softwares are provided « AS IS », without warranty of any kind. Learnpulse does not warranty that the SOFTWARE will be error-free. Learnpulse DOES NOT PROVIDE ANY TECHNICAL SUPPORT.

B. Learnpulse AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE.

VIII. LIMITATION OF LIABILITIES.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS « AS IS » AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IX. THIRD PARTIES.

Screenpresso may use third parties software distributed in binary format. Screenpresso is NOT linked dynamically and NOT linked statically with those third parties. Screenpresso uses them in command line mode only. This page contains details about used third parties and corresponding licenses and owners.

X. GOVERNING LAW

This LICENSE shall be governed by and construed in accordance with the laws of France, without giving effect to any principles of conflicts of law.

XI. JURISDICTION

The parties agree that any disputes arising out of or in connection with this LICENSE shall be submitted to the exclusive jurisdiction of the Courts of Toulouse, France. The parties hereby consent to and waive any objection to the jurisdiction and venue of such courts.

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