Last updated: 17-April-2019

THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY CLICKING THE “ACCEPT” BUTTON, INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT AND THE COMPANY’S PRIVACY POLICY (AS DEFINED BELOW). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “LICENSEE” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT COMPLETE THE INSTALLATION PROCESS, THE COMPANY WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO LICENSEE, YOU MUST NOT INSTALL OR USE THE SOFTWARE OR DOCUMENTATION AND YOU MUST PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT.

1. Definitions

• “The Company” means Intuilab SAS.
• “Software” means the Intuiface Composer, Intuiface Player, Intuiface Analytics, IntuiPad, Intuiface Management Console, Intuiface Cloud, Intuiface API Explorer and any Intuiface Extension programs supplied by The Company herewith, and any and all Updates thereto.
• “Licensee” means an individual or other legal entity who has accepted the terms of the Agreement.
• “Licensing Plan” means month-to-month subscription, annual subscription, or perpetual licensing plans.
• “Account” means Licensee and Licensing Plan information including the email address and password chosen by the Licensee to access the Software.
• “Experience” means all the assets (primarily media, code and metadata files) produced or included by the Software for the Licensee as the result of the Software’s authoring step.
• “Content” means any data, text, links, video, audio, artwork, graphics, images, or any other content directly or indirectly used in an Experience.
• “Documentation” means program documentation, user manuals, handbooks and other materials describing the use, design, installation, operation and maintenance of the Intuiface Software, and whether in a printed or digital form.
• “Agreement” means this present document.
• “Parties” means The Company and the Licensee.
• “Updates” is defined in Schedule A.
• “Privacy Policy” means The Company’s privacy policy available at intuiface.com/privacy-policy.

2. License

• The Agreement governs the rights to use the following parts of the Software:
  1. Intuiface Composer, enabling the authoring of Experiences on a given computer;
  2. Intuiface Player, enabling the execution of one Experience on a given device;
  3. Intuiface Analytics, enabling the transfer of data collected from one Experience on a given device to The Company database server in the cloud, the visualization of these data as charts within dashboards and the sharing of such dashboards;
  4. IntuiPad, enabling remote interactions between a given device and executing Experiences;
  5. Intuiface Management Console, enabling the remote management of the Software and Experiences via a Web browser;
  6. Intuiface Cloud, enabling the remote storage of Licensee Content, should the Licensee elect to use this part of the Software;
  7. Intuiface API Explorer, enabling the exploration of API-accessible content and the direct importation of that content into Intuiface Composer;
  8. Any Intuiface Extension, extending Intuiface capabilities with any licensed parts of the Software;
• The Company may, at its sole discretion, grant the Licensee a Free License (i.e. Composer Free or Analytics Free Plan), a Commercial License or a NFR (Not For Resale) License for the Software. Unless otherwise stated, the Free License Terms are applicable to the use of the Software if the Licensee has not acquired a Commercial License for the Software or has not obtained an NFR (Not For Resale) License for the Software. The Free License Terms are also applicable to the use of the Software on any devices that are not covered under any NFR Licenses or Commercial Licenses the Licensee may have.
• The Commercial License Terms are applicable to the use of the Software if the Licensee has acquired a Commercial License for the Software. The NFR (Not For Resale) License Terms are applicable to the use of the Software if the Licensee has been provided with an NFR License for the Software by The Company.
• Licensee shall maintain as personal and confidential the password chosen by Licensee. Licensee is prohibited from transferring or sharing its password with or to any other person other than the authorized parties referred to in Section 2(e)(2) below. It is Licensee’s sole responsibility to protect its password from unauthorized use and for any and all actions taken using them.
• Use Restrictions: Licensee shall not, directly or indirectly:
  • use (including make any copies of) the Software beyond the scope of the license granted under this Section;
  • provide any other party (other than an end user of Intuiface Player), including any subcontractor, independent contractor, affiliate, or service provider of Licensee, with access to or use of the Software, unless Licensee ensures that such other party has been made aware of and agrees to accept the terms and conditions of this Agreement, or has agreed with Licensee to terms and conditions governing such other party’s access to and use of the Software that are materially consistent with, and no less restrictive than, the terms and conditions of this Agreement, and Licensee shall be solely responsible for the other party’s full compliance with all terms and conditions of this Agreement;
  • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof;
  • except as expressly permitted by The Company, incorporate the Software or any part thereof in, any other programs;
  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
  • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software or Documentation, including any copy thereof;
  • except as expressly set forth in Section 6(b), copy the Software, in whole or in part; or,
  • use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to The Company’s commercial disadvantage.

3. Free License Terms

• The Company grants the Licensee a non-exclusive, non-transferable, non-sublicensable, royalty-free, limited license to use the Software and any Content supplied by The Company, only in accordance with the terms and conditions set forth herein. The Licensee agrees not to transfer, assign, rent, lease, sublicense, lend, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software to any other person or entity whether or not over a network or on a hosted basis, including in connection with the Internet or any Web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service, and that any attempt to do so in any other way shall render the license null and void.
• The Software has limitations, including the display of a watermark that must remain visible at any time and a limited number of data points collected. These limitations may be stated on The Company web site, in accompanying Documentation or during execution of the Software. If the Licensee wishes to use the Software without these limitations, the Licensee needs to acquire a Commercial License.

4. Commercial License Terms

• The Company grants the Licensee a non-exclusive, non-sublicensable, non-transferable (except as provided below), personal, limited license to use the Software and any Content supplied by The Company, only in accordance with the terms and conditions set forth The Licensee agrees not to transfer, assign, rent, lease, sublicense, lend, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software to any other person or entity whether or not over a network or on a hosted basis, including in connection with the Internet or any Web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
• The Company may grant the Licensee the right to transfer his/her license rights for the Software to another person or legal entity under the conditions that the Licensee transfers the Software in its entirety and the receiving party has been made aware of and agrees to accept the terms and conditions of this Agreement.

5. NFR (Not For Resale) License Terms

• The Company grants the Licensee a non-exclusive, non-transferable, non-sublicensable, limited license to use the Software and any Content supplied by The Company only for evaluation, promotional and/or review purposes, only in accordance with the terms and conditions set forth herein. The Licensee agrees not to transfer, assign, rent, lease, sublicense, lend, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software or any features or functionality of the Software to any other person or entity whether or not over a network or on a hosted basis, including in connection with the Internet or any Web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service, and that any attempt to do so in any other way shall render the NFR License null and If the Licensee wishes to use the Software for other than the stated purposes, the Licensee needs to acquire a Commercial License to use the Software. The Company may, at its sole discretion, decide to extend the Licensee the allowed usage of the Software beyond the stated uses and will inform the Licensee thereof by contacting the Licensee by email, by phone or in writing.
• Licensee may transfer the Software to another device provided that such use is governed by this Agreement. The Licensee may not transfer his/her license rights for the Software to another person or legal entity. If the Licensee knows of anyone else who should obtain an NFR License for the Software, the Licensee should contact The Company by Web contact form, email, phone or in writing.

6. Ownership

• The Company shall remain the owner of the Software and Content supplied and of all the subsequent copies made, in whatever medium, by or for the Licensee with the exception of software listed in Schedule B.
• The Software and Content supplied by The Company, together with all its associated Documentation, remains the copyright of The Company with the exception of software listed in Schedule B. Any copy of the Software or The Company Content not expressly authorized by The Company is strictly forbidden, with the exception of one copy to be made by the Licensee solely for backup purpose.
• Parts of the Software are protected by U.S. Patent No. 8,390,577.
• All right, title and interest in the Licensee Content shall remain the exclusive property of No license or ownership interest is granted by Licensee to The Company with respect to the Licensee Content except as expressly set forth herein.
• Licensee acknowledges that The Company is the sole and exclusive owner of all right, title and interest in and to The Company Software, The Company Content and the Documentation, including, without limitation, all copyrights, trademarks, patents, trade secrets and other intellectual property rights related thereto. Nothing contained herein shall create, nor shall be construed as, an assignment to Licensee of any right, title or interest in or to The Company Software, The Company Content or the Documentation; it being acknowledged that all right, title and interest in and to The Company Software, The Company Content and the Documentation is expressly reserved by The Company.  Licensee agrees that it will do nothing inconsistent with The Company's ownership of, or rights in, The Company Software, The Company Content or the Documentation.

7. Limited Warranties

• The Company warrants that, for a period of ninety (90) days from the date of installation: (i) when used with a recommended hardware configuration, the Software will perform in substantial compliance with the Documentation supplied with the Software; and (ii) that the media on which the Software is furnished will be free from defects in materials and workmanship under normal The warranties set forth in this Section will not apply and will become null and void if Licensee breaches any material provision of this Agreement, or if Licensee, whether or not in violation of this Agreement: (i) modifies or damages the Software, or the media on which it is provided, including abnormal physical or electrical stress; or (ii) misuses the Software, including any use of the Software other than as specified in the Documentation. The Licensee expressly agrees that software is never entirely free of flaws. THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
• No oral or written information or advice given by The Company, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
• The Licensee’s sole and exclusive remedy for a breach of the warranties set forth in paragraph (a) above is to cease to use the Software and return a copy of the Licensee’s invoice and a description of the problem. The Company will use reasonable commercial efforts to supply the Licensee with a replacement copy of the Software that substantially conforms to the Documentation, or provide a replacement for defective media, at its The Company shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, negligence, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration.

8. Maintenance, Support and Update Services (“Services”)

• The Company shall provide to Licensee, at no or additional charge depending on the Licensing Plan, Services in accordance with Schedule “A” (as modified from time to time by The Company) attached hereto.
• The Company shall not be obligated to provide Services to Licensee if any of the following occur:
  1. Licensee fails to maintain all associated system hardware and software at the latest code revision level deemed necessary by The Company for proper operation of the Software;
  2. Licensee fails to incorporate all Updates to the Software as provided to Licensee by The Company;
  3. Licensee or third party modifies the Software;
  4. The claimed defect, error, or malfunction was caused, in whole or in part, by individuals other than The Company, by negligence or misuse of the Software by Licensee or by products, equipment, or software other than the Software; or
  5. The Company discontinues the line or item of Software as to which Licensee requests Services, provided The Company provides to Licensee fifteen (15) day notice of such discontinuation.
• The Licensee is in breach of this Agreement.
• The Company shall not be required to perform any Services at Licensee’s If Licensee requests on-site services, he/she shall pay The Company at The Company’s then current per diem rate plus reasonable travel and lodging expenses and related costs.

9. Limitations of Damages

• NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OR CORRUPTION OF CONTENT, DATA OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• THE TOTAL LIABILITY OF EACH PARTY FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, WILL BE LIMITED TO THE AMOUNT PAID BY THE LICENSEE FOR THE SOFTWARE UNDER THE AGREEMENT, EXCEPT THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO THE AMOUNTS SPECIFIED IN §10.a BELOW.
• The Company will not be responsible or liable to Licensee, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning, or Licensee equipment, loss and destruction of property, or any other circumstances or causes beyond The Company’s reasonable control.

10. Patent Infringement

• The Licensee agrees to promptly notify The Company in writing of any action or claim based on the infringement of a patent by the use of the unmodified Software delivered by The Company. The Company agrees that, if notified promptly in writing of any legal action (and/or any demand prior to such action) dealing with the infringement of a patent by the use by the Licensee of the unmodified Software as delivered by The Company, The Company shall defend and pay the resulting costs, damages and interest finally awarded by a court of competent jurisdiction against Licensee as a result of, or for amounts paid by Licensee under a settlement of, a claim against Licensee, on the condition that The Company is given the sole control of the defense and/or all related negotiations with a view to reaching an amicable settlement, and that Licensee cooperates fully to the extent necessary, and executes all documents necessary for the defense of such claim, provided further that any settlement unconditionally releases Licensee of all This §10.a shall survive the termination of this Agreement. The Company shall have no liability to Licensee under this Section: (i) if any infringement is based upon Licensee's use of the Software in combination with any software not furnished by The Company, (ii) if the Software is used in a manner for which it is not designed or permitted, (iii) if Licensee fails to timely implement any Update or modification, or replacement of any Software made available to Licensee by The Company; or (iv) if the infringement is based upon modifications of the Software by party other than The Company.
• If a final injunction is obtained against Licensee's use of the Software by reason of such infringement, or if in The Company's opinion the Software is likely to become the subject of a claim for such infringement, The Company may at its choice and at its expense, either (i) obtain for the Licensee the right to continue using the Software, or (ii) replace or modify the Software in such a way that it ceases to be in infringement of a patent, or if, in the judgment of The Company, if (i) and (ii) are not feasible, to terminate this Agreement and credit the Licensee with a sum equal to the net according value of the said Software, normal depreciation shall be taken into account.
• The remedies set forth in this Section 10 shall be Licensee's sole and exclusive remedies in the event of a successful claim of infringement.

11. Internet Connectivity and Privacy

• Automatic connection to the Internet. The Software, when in use, may cause Licensee’s device, without notice, to automatically connect to the Internet and communicate with The Company website or The Company domain for purpose such as license validation and providing Licensee with additional information, features, or functionality. Unless otherwise specified in §11.b to §11.e, the following provisions apply to all automatic Internet connections by the Software when in use:
  1. Whenever the Software makes an Internet connection and communicates with The Company website, whether automatically or due to explicit user request, the Privacy Policy shall apply. The Privacy Policy allows tracking of website visits.
  2. Whenever the Software connects to The Company over the Internet, certain Licensee information is collected and transmitted by the Software to The Company pursuant to the Privacy Policy.
  3. If Licensee accesses The Company online service or activates or registers the Software, then additional Account information may be transmitted to and stored by The Company pursuant to the Privacy Policy.
  4. As permitted by applicable law or as consented to by Licensee, The Company may (a) send Licensee transactional messages to facilitate The Company online services or the activation or registration of the Software or The Company online service, or (b) deliver in-product marketing to provide information about the Software and other The Company services using information including but not limited to platform version, version of the Software, and license status.
• The Software, when in use, may cause Licensee’s device, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installation on the device and (b) notify The Company of the results of installation attempts.
• The Software, when in use, may require Licensee to (a) activate or reactivate the Software, or (b) register the Software. Such requirement may cause Licensee’s device to connect to the Internet without notice on install, on launch, or on a regular basis thereafter. Once connected, the Software, when in use, will collect and transmit information to The Company. Software or Licensee may also receive information to detect or prevent fraudulent or unauthorized use not in accordance with a valid license or subscription. Failure to activate or register the Software, validate the subscription, or a determination by The Company of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription and The Company will endeavor to provide Licensee with notice of any such termination or suspension.
• Licensee may deactivate and uninstall the Software from its device. Deactivation requires Internet connectivity.
• Use of online The Software, when in use, may cause Licensee’s device, without additional notice, and on an intermittent or regular basis, to automatically connect to the Internet:
  • to facilitate Licensee’s access to content and services that are provided by The Company or third parties
  • to send data to services that are provided by The Company in the context of Intuiface Analytics
• Licensee shall notify The Company immediately of any breach of security or unauthorized use of the Licensee Account. Although The Company will not be liable for Licensee losses caused by unauthorized use of the Licensee Account, the Licensee may be liable for the losses incurred by The Company due to unauthorized use.
• Each party agrees not to use, for its own benefit or the benefit of any third party, except as expressly permitted by this Agreement, nor disclose to any third party (except as required by law or pursuant to a court decree or to the party’s attorneys, accountants or other professional advisors as reasonably necessary) any Confidential Information of the other party (as defined below) and shall take reasonable precautions to protect the confidentiality of such information. “Confidential Information” means any material or information disclosed by Licensee to The Company, either directly or indirectly, where the confidentiality or proprietary nature of such material or information is reasonably apparent under the circumstances, including, without limitation, Licensee Content. The Software constitutes Confidential Information of The Company. This §11.g shall survive the termination of this The foregoing shall not prohibit or limit either party's use of information: (i) previously known to it; (ii) independently developed by it without reference to the other party's Confidential Information; (iii) acquired by it from a third party without continuing restriction on use; or, (iv) which is or becomes, publicly available through no breach by it of this Agreement.

12. Limitations on Use of Intuiface Cloud

Should Licensee elect to use Intuiface Cloud:

• Licensee shall be solely responsible for all activity associated with the Licensee Account, including, without limitation, any published Licensee Content.
• Licensee represents and warrants that all Licensee Content that is published to the Intuiface Cloud shall be Licensee’s wholly original material (except for material that Licensee is using with the permission of its owner), does not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity, and is not forbidden by the laws of the Licensee country of Licensee agrees to indemnify, defend and hold The Company, its officers, directors, members, managers, employees, affiliates, shareholders, agents, successors, representatives, and assigns harmless from and against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees) arising out of or related to any breach of the foregoing warranty.
• Licensee will not use Intuiface Cloud to collect, manage or process sensitive information, and The Company will have no liability of any kind if Licensee breaches this
• Licensee shall be solely responsible for keeping a duplicate or backup copy of all Licensee Content; The Company does not accept any responsibility or liability for the loss of Licensee Content.
• Licensee grants The Company access to the Licensee Content’s metadata to aid in enhancement of the Software, independent of the Licensee’s Licensee grants The Company a limited, royalty-free, non-exclusive right to process the Licensee Content solely as necessary to provide the Services for Licensee’s benefit as provided in this Agreement.
• For an Account with unlimited storage on Intuiface Cloud, The Company reserves the right to limit the size of the storage if unfair use of this storage is “Unfair use” includes but is not restricted to excessive storage of content unrelated to the Licensee’s business or storage of content deemed excessively large, all in the judgment of The Company.

13. Promotion of License Use

• As a proof point for the effectiveness of Intuiface for interactive experience creation, Licensee grants The Company the right to post the company logos of Licensee to the Intuiface website and any other promotional material.
• No statements will be attributed to these companies and logos will be immediately removed from circulation upon request.

14. Agreement Termination

• The term of the Agreement begins at the Agreement acceptance date and is for an indeterminate period of time. Either Party may terminate this Agreement in the event of a material breach by the other Party by providing notice to the other Party, unless the other Party cures the breach within thirty (30) days from date of the notice of the breach.
• In the event of a termination of the Agreement, the Licensee shall cease all use of the Software and certify to The Company in writing within eight (8) days from the date of termination, that all use of the Software has been ceased, all copies of the Software have been destroyed, and that no copy of the Software has been retained.

15. Legal Government of the Agreement

• This Agreement shall be governed by the laws of France. In the case of any claim, litigation or other dispute regarding the interpretation or the execution of the Agreement, including termination, the Parties agree to attempt to come to an amicable arrangement through a conciliation They shall have remedy, in the case where it is necessary, to the arbitration of a mutually acceptable expert appraiser. However, if the disagreement persists, the Parties consent to the jurisdiction of the Tribunal de Commerce de Toulouse, France. This jurisdiction will apply equally to any injunction or incident request or where there is plurality of Requesters or Defenders.
• This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or All questions concerning this Agreement shall be directed to The Company at https://support.intuiface.com/hc/en-us/requests/new.

16. Validity of the Agreement

• The invalidity or inefficacy of whatever clause of the Agreement shall not affect the validity of efficacy of the other terms of the Agreement.
• In the case where a clause of the Agreement might be declared null and void in part or in whole by any court whatsoever, the parties agree to come together to substitute a valid clause to the same effect and it shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
• The omission or the waiving by one or the other of the parties of the execution of a particular clause or of the exercising of any right whatsoever stemming from this Agreement shall not constitute a precedent, novodamus or a renunciation relative to the future execution of any clause or the future exercise of any right accorded under the Agreement, or the non-respect of its clauses.
• The terms of the Agreement may not be altered except by annexes duly signed by the two parties.
• Any and all notices shall be in writing (including fax or email) and shall be given to the party by delivery via a third party overnight express mail service, fax or email. Notice shall be deemed effective immediately upon personal delivery or delivery by recognized commercial overnight courier, or upon confirmation of successful transmission, in the case of a fax or e-mail transmission.
• This Agreement, together with all schedules, and exhibits attached hereto, constitutes the sole and entire agreement between Licensee and The Company with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

Intuiface, Intuiface Composer, Intuiface Player, Intuiface Analytics, IntuiPad, Intuiface Management Console, Intuiface Cloud, Intuiface API Explorer, any Intuiface Extension trademarks and logos are either registered trademarks or trademarks of Intuilab SAS in France and/or other countries.

 

Schedule A: Maintenance, Support and Update Services

In reference to Agreement’s article “Maintenance, Support and Update Services”, the provided Services are described hereafter.

• Customer Assistance: Licensee may submit information requests related to the Software via The Company Support web site (https://support.intuiface.com) to The Company to ask routine questions or seek advice relating to the normal use and functioning of the Software. If The Company decides in its sole judgment to act upon a request, The Company will provide reasonable assistance to the Licensee in utilizing the Software and in identifying and providing solutions or alternatives, if possible, for problems found therein. Assistance will be conducted by via The Company Support website.
• Software Issue Reporting: Licensee may submit to The Company software service requests identifying potential issues in the Software. Requests must be in writing and directed to The Company via The Company Support web site. The Company retains the right to determine the final disposition of all requests, and will inform Licensee of the disposition of each request. If The Company decides in its sole judgment to act upon a request, it will do so by providing an Update as described below.
• Software Updates: As permanent solutions are developed for known Software issues, The Company may incorporate them from time to time in scheduled Updates. These Updates may also include those enhancements and extensions or other changes to the Software as determined by The Company to be suitable to the uses made of the Software by Licensees. The Company will provide Licensee who benefits from the Services with such Updates as they are released. The Company may develop and provide Updates in its sole discretion, and Licensee agrees that The Company has no obligation to develop any Updates at all or for particular issues. The Company will provide instructions and/or Documentation that The Company considers to be reasonable and necessary to assist in a smooth transition to use a new Update. Updates can be applied to any version of 1) Composer Free, 2) Composer and Player with active subscription licenses, 3) Player with a perpetual license, 4) Composer with active Maintenance, Support and Update entitlement for perpetual licenses, 5) Composer with expired Maintenance, Support and Update entitlement for perpetual licenses, but only for those versions available before Maintenance, Support and Update entitlement expiration, and 6) Intuiface Analytics. Maintenance. Support and Update Services do not include any new version or new release of the Software that The Company may issue as a separate or new product, and The Company may determine whether any issuance qualifies as a new version, new release, or Update in its sole discretion.

Schedule B: List of software used in the Software

The Software uses:

• NET, FFmpeg, LibVLC, and nVLC under the LGPL V2.1 license,
• Video codec patent licenses granted by MPEG LA to The Company,
• Awesomium© 2010 Khrona LLC. All rights reserved. Awesomium is a trademark of Khrona LLC,
• Boost under Boost Software License,
• TinyXML under the zlib license,
• OSC under a BSD-style open source license,
• ManyMouse, Copyright (c) 2005-2008 Ryan Gordon and others,
• Book from Mitsu Furuta, Deep Zoom For WPF, Blake.NUI for WPF, Ionic.Zip, WPFExtensions.dll, WPF Toolkit Extended, PropertyTools for WPF, Microsoft Enterprise Library, DotWay.WPF.Controls, Taygeta.Core, Taygeta.Controls, under Microsoft Public License (Ms-PL),
• Toolkit.Common, under Farseers Toolkit Common License,
• Net under a specific open source license,
• PDFNet SDK copyright © PDFTron™ Systems Inc., 2001-2012.
• js-xslx, cordova, pdfjs, webfonts, babylonjs, webfontloader, Google APIs Client Library for .NET, Log4Net, win-beacon, websocket, XamlAnimatedGif under the Apache License, Version 0,
• Eventemitter, GMap.net, Node.js, node-cron, psd.js, QRCode.Net, iscroll, jquery, jquery-ui, modernizr, wow-book, spectrum, lodash, es-6-collections, keyboard, moment, numeral-js, systemjs, es6-module-load, electron, Assimp.Net, JSON.NET, Closed XML, Easy WebCam, cordova-plugin-bluetoothle, threejs, websocket-sharp, is-electron-renderer, lodash, yargs, fs-extra under the MIT license,
• q, gl-matrix, box2d, under custom but MIT style license,
• Virtual Keyboard Layout files , nouislider under a WTFPL license,
• openlayers3, JavaScript.NET, Assimp, AssimpToJson, ZeroConfService under a BSD-2 license,
• Cefsharp, under CefSharp License,
• ScheduleTimer under a Code Project Open License,
• Raven-sharp under a BSD3 license.

More details about each license can be found in the Help/Credits menu of the Software.