TERMS AND CONDITIONS FOR DOWNLOADING/INSTALLING/USING ANY SOFTWARE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING/INSTALLING/USING ANY SOFTWARE. BY DOWNLOADING/INSTALLING/USING OUR SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW AND ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THIS SOFTWARE.
These terms and conditions of use (“Terms & Conditions”) are an agreement entered into by and between you (hereinafter referred to as "You" or “Your") and DNP Photo Imaging Europe SAS ("DNP PIE") for any and all software or patches (the "Software") downloadable from http://www.dnpphoto.eu website (the “Website”).
These Terms & Conditions constitute the entire agreement between You and DNP PIE and cancel any prior versions of the Terms. You also may be subject to additional terms and conditions that may apply when You use the Software.
DNP PIE offers various Software to download on its Website made by DNP PIE, Dai Nippon Printing Co., Ltd, its affiliate DNP Imagingcomm America Corp or any other affiliate and/or their commercial partners (“DNP PIE and its Partners”).
Specific license agreements (“Specific License Agreements”) are attached with certain Software and will require Your acceptance for downloading and using.
Article 1: Ownership Retained By DNP PIE
DNP PIE and its Partners grant You a non-exclusive, non-transferable license to install/use one copy of the Software in object code only. You agree to notify DNP PIE immediately of any breach of security here.
DNP PIE and its Partners own all titles and copyrights in and to the Software and they have the full right and authority to grant the license granted herein. Your license does not give You any title or ownership in the Software, nor is it a sale of any rights in the Software. The only right granted to You is the right to install/use the Software in accordance with these Terms & Conditions. All rights not specifically granted to You under these Terms & Conditions are reserved by DNP PIE and/or its Partners.
Subject to the provisions of Specific License Agreements, You may make only a single copy of the Software as a backup copy, provided that it includes all notices and markings, including copyright, trademark and other proprietary notices as on the original. Such backup copy of the Software may not be in use at any time unless the original Software is damaged beyond use, and both the original and the copy must remain in Your possession and control.
You may not copy the Software onto any public network. You may not allow others to modify, disassemble, decompile, translate, reverse engineer, reproduce, make derivative works of or enhance the Software. You may not, and You may not allow others to rent, lease, sell, sublicense, export or otherwise transfer the Software to any other person.
In addition to any other rights it may have, DNP PIE may terminate at its sole discretion the use of the Software if You fail to comply with the Terms & Conditions hereof. In such event, You must cease all use of the Software and destroy all copies of the Software and all of its component parts.
At DNP PIE's sole discretion, it may from time to time provide You with updates to the Software. Any such updates shall become part of the Software licensed to You and subject to all of these Terms & Conditions.
Article 2: Disclaimer of Warranties
DNP PIE and its Partners expressly disclaim any and all warranties relative to the Software. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING AND USAGE OF TRADE. YOU HEREBY ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
Article 3: Limitation of Liability
You must make every attempt to safeguard Your data and other files during installation, when upgrading, or when installing the Software or an update.
In no event shall DNP PIE and its Partners be liable for any direct, indirect, special, incidental, or consequential damages, theft, misuse, malfunction whatsoever to You (including, without limitation, deterioration of the hardware, damages for loss of profits, sales or data or for business interruption) arising out of the use of or inability to use the Software, even if DNP PIE and its Partners have been advised of the possibility of such damages. In any event, DNP PIE and its Partners’ entire liability under any provision shall be limited to the amount actually paid by You for the Software.
If any provision of these Terms & Conditions are declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions hereof.
Article 4: Indemnity
You agree to indemnify and hold DNP PIE and its Partners from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Software, Your violation of the Terms, or Your violation of any rights of another.
Article 5: Intellectual Property
DNP PIE and its Partners are the respective owner of all copyrights, trademarks, and more generally, of all intellectual property rights of the Software and its content.
The Software is protected by copyright and/or other applicable law. Any use of the Software other than as authorized under this license or copyright law is prohibited. Any person violating this provision of these Terms & Conditions will be committing an infringement and be subject to legal action.
In accordance to national laws related to Intellectual Property, Your must not use our Software to violate any intellectual property rights, notably trademark, copyright, design, or the right to one's image, without the agreement of the rights’ holder. In no event shall DNP PIE and its Partners be liable for the use that you made of our Software regarding intellectual property right’s holder.
Article 6: Personal Data
The Website has been declared to the French National Commission on Data Protection and Privacy.
All personal data collected and gathered by DNP PIE is processed in as strictly private manner as possible. In application of the French Data Law, You have a right to access, modify, rectify, update and/or delete the data concerning You by contacting us at: email@example.com
The personal data You communicate to us is intended to establish that You agree to this Terms & Conditions; in no case is it intended for commercial purpose.
The personal data You communicate shall only be used internally pursuant to the general terms and conditions of use of the Website.
Article 7: Governing Law and Jurisdiction
These Terms & Conditions shall be governed by the laws of France without regard to conflict of laws principles. Any claim or litigation in connection with these Terms & Conditions shall be submitted to French jurisdictions.
Article 8: Taxes
You are responsible for all taxes or charges imposed by any government or regulatory authority with respect to the delivery and use of the Software, but exclusive of any taxes based upon the DNP PIE's net income.
Article 9: Term
DNP PIE and its Partners reserve their rights to release the Software under different license terms or to stop distributing it at any time, or to modify, suspend or terminate these Terms & Conditions, and/or Your use or/and access to the Software, with or without notice. DNP PIE and its Partners may also delete, or prevent access or use of, all related information and files.
DNP PIE and its Partners may terminate the Specific License Agreement if You breach any of the Terms & Conditions. Upon termination of this Specific License Agreement for any reason, You shall cease using the Software and, if applicable, return the Software to DNP PIE. All provisions of this Specific License Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and DNP PIE's proprietary rights shall survive termination.