Table of Contents
The following terms and conditions, together with any referenced documents (collectively, "Terms of Use") form a legal agreement between you and your employer, employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and SAS Tetrane (“Tetrane,” “we,” “us” and “our”). The Terms of Use apply to the demonstration services available on the website where these Terms of Use are presented, including any Tetrane Intellectual Property (as defined below) therein (the “Demo Website”).
By accessing or using the Demo Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Demo Website.
Personally identifiable information collected about you by this Demo Website is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Demo Website.
We reserve the right to terminate or modify the Demo Website in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Demo Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Demo Website to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Demo Website.
You shall use the Demo Website exclusively to test and evaluate the REVEN Axion product and service, and you shall access it only through the registration portal, regardless of any previous registration or access. To access portions of the Demo Website or certain resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Demo Website, and you hereby represent and warrant, that all information you provide is correct, current and complete. You agree that you are solely responsible to us for all activities identified with your access and registration. Tetrane has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.
The Demo Website is a collection of instances attached to some user's email address. The instances you launch are not visible by other users except Tetrane Admin users.
You agree not to access or use (and shall not permit others to access or use) the Demo Website or Tetrane Intellectual Property in any manner:
As between you and Tetrane, all rights, title and interest in and to all the intellectual property rights in the Tetrane Intellectual Property are owned exclusively by Tetrane and its licensors, notwithstanding any other provision in these Terms of Use or any other agreement. The Tetrane Intellectual Property is protected by French and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. As used herein, “Tetrane Intellectual Property” means the information, text, displays, images, video, audio, and user interfaces included in or generated by the Demo Website, and the design, selection and arrangement thereof, as well as the technology that is used by Tetrane to deliver the Demo Website, including: (a) software code (whether in source or object form) including platforms and applications, hardware, algorithms, templates, graphical user interfaces, architectures, class libraries, application programming interfaces, objects, methodologies, and documentation (both printed and electronic) in existence as of the Effective Date or otherwise acquired or developed by Tetrane apart from the services rendered under these Terms of Use; and (b) any derivative works, improvements, enhancements or extensions of the foregoing made by either you or Tetrane. Except as expressly provided in this Agreement, Tetrane does not grant you (and expressly reserves) any rights, express or implied, or ownership in the Tetrane Intellectual Property. No right, title or interest in or to the Demo Website is transferred to you. Tetrane reserves all rights not expressly granted to you herein.
You hereby grant to Tetrane a royalty‑free, fully‑paid, non‑exclusive, non‑transferable, sub‑licensable, worldwide right to use:
Any use of the Demo Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. You are permitted to use the Demo Website only for legitimate business purposes related to your role as a current or prospective customer, supplier or partner of Tetrane. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Tetrane Intellectual Property without Tetrane’s express prior written consent or except as expressly provided in these Terms of Use.
Tetrane, and all related, logos, product and service names, designs and slogans are trademarks or service marks of Tetrane or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
The Demo Website is a shared environment. Tetrane has the right but not the obligation to:
Without limiting the foregoing, Tetrane has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone including any materials on or through the Demo Website. YOU WAIVE AND HOLD TETRANE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TETRANE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TETRANE OR LAW ENFORCEMENT AUTHORITIES.
Direct feedback, comments, suggestions, requests for support and other communications relating to the Demo Website to: demo@tetrane.com. Tetrane shall have a royalty‑free, worldwide, non‑exclusive, transferable, sub‑licensable, irrevocable, perpetual right and license to make, use, sell, offer for sale, import or otherwise incorporate for any purpose, any feedback, and suggestions for improvements or enhancements to the Demo Website and the Tetrane Products.
The owner of the Demo Website is based in Mâcon, France. The Demo Website can be accessed from countries around the world. Access to the Demo Website may not be legal by certain persons or in certain countries. If you access the Demo Website, you do so on your own initiative and are responsible for compliance with local laws. Access to the Demo Website from territories where the Demo Website or any of its services or products are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with all applicable export and related statutes and regulations at your location.
Tetrane cannot and does not promise or warrant that any aspect of the Demo Website is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‑OF‑SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DEMO WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE DEMO WEBSITE, INCLUDING ANY WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE, IS AT YOUR OWN RISK AND PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TETRANE NOR ANY PERSON ASSOCIATED WITH TETRANE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DEMO WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TETRANE NOR ANYONE ASSOCIATED WITH TETRANE REPRESENTS OR WARRANTS THAT THE DEMO WEBSITE WILL BE ACCURATE, RELIABLE, ERROR‑FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DEMO WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TETRANE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE DEMO WEBSITE AND THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL TETRANE, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DEMO WEBSITE, INCLUDING ANY WEBSITE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold Tetrane, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and other costs of defense) resulting from your violation of these Terms of Use or your use of the Demo Website, including, without limitation, any use of the Demo Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Demo Website.
These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non‑contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of jurisdiction in Lyon, France, without giving effect to any choice or conflict of laws provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Demo Website shall be instituted exclusively in the courts of Lyon, France, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You hereby irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You may not access, download, use or export materials posted to the Demo Website in violation of any applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any national agency or authority.
No waiver of these Terms of Use by Tetrane shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Tetrane to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
There are no third‑party beneficiaries to this agreement.
In the event of a dispute, the categorization of any subject matter as either the Demo Website or a Tetrane Product shall be made by Tetrane in its sole discretion, and Tetrane may reclassify as a Tetrane Product subject matter previously included in the Demo Website.
Tetrane may terminate these Terms of Use at any time for any reason by giving you written notice, and all licenses, permissions and other rights granted to you hereunder shall immediately terminate. Notwithstanding the termination of this Agreement for any reason, Sections 3 and 5 herein shall survive.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Tetrane with respect to the Demo Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Demo Website. For the avoidance of doubt, these Terms of Use do not supersede any Master Ordering Agreement, subscription agreement or other agreement pursuant to which you have been granted the right to use or access a Tetrane product or service.