REVEN PROFESSIONAL

General Terms and Conditions
End User License Agreement

v1.01, 2020/12/10

Introduction

The REVEN Professional product, hereafter described as "the software" is licensed, not sold, to you by TETRANE pursuant to the terms and conditions of this Agreement. TETRANE reserves any right not expressly granted to you. You own the media on which the software is delivered but TETRANE retains ownership of all copies of the software itself. The software is protected by copyright law.

The REVEN Professional license is granted for one named user, for 12 months starting the day it is ordered. The license includes all updates and access to support by email.

The software must be installed and used on one and only one physical computer, with Internet access enabled.

It is possible to transfer the software and its license from one computer to another computer should you need to renew or upgrade your server for example.

You agree that some updates of the software may be mandatory to keep using it.

It is not allowed and possible to use the software on any virtual computer. It is not allowed to transfer the software or its license to anyone. The license is a temporary license subject to full payment of all invoices issued by TETRANE or its distributors. Upon full payment, the license becomes a regular license. If payment for the software is not received in due time, you must immediately stop using it and TETRANE has the right to suspend the license.

Restrictions

You may not distribute copies of the software to another party or electronically transfer the software from one computer to another if one computer belongs to another party. You may not modify, adapt, translate, rent, lease, resell, distribute, or create derivative works based upon the software or any of its proprietary components; You will not and have no rights to decompile, disassemble or reverse-engineer any TETRANE software, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in any TETRANE software, except to the extent expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary.

Limited Warranty and Disclaimers

The software is provided "as is" without warranty of any kind. TETRANE expressly disclaims all implied warranties, included but not limited to the implied warranties of merchantability and fitness for a particular purpose. TETRANE does not guarantee the software or any accompanying materials in terms of their correctness, accuracy, reliability, or otherwise. The entire risk as to the results and performance of the software and written materials is assumed by you.

Complete Statement of Warranty

The limited warranty provided in preceding paragraphs are the only warranties of any kind made by TETRANE on this product. No oral or written information or advice given by TETRANE, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. This warranty gives you specific legal rights. You may have other rights, which vary from country to country.

Limitation of Liability

In no event will TETRANE or its employees be liable to you for any consequential, incidental, or indirect damages arising out of the use or the inability to use the software or accompanying written material. This includes damages for loss of business profits, business interruption and loss of business information. The liability of TETRANE for actual damages for any cause whatsoever is limited to the money paid for the software that caused the damages. You remain the sole and exclusive person responsible as regards compliance in terms of usage, data collection or data processing undertaken using the software.

PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, BUGS, SECURITY ISSUES, VIRUSES...). TETRANE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TETRANE DOES NOT GUARANTEE THE PRODUCTS AND/OR SERVICES, AS WELL AS ANY ACCOMPANYING MATERIALS, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY.... THE CUSTOMER BEARS ALL RISKS AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCTS AND SERVICES AND WRITTEN MATERIALS. BY PLACING AN ORDER AND AGREEING ON THE TERMS, THE CUSTOMERS ACKNOWLEDGES THAT HE IS CLEARLY AND FULLY INFORMED OF ALL ASPECTS, RELEVANT FOR HIM, OF THE PRODUCTS AND SERVICES. ANY LIABILITY OF TETRANE IN RESPECT OF ANY CLAIM, WHETHER OR NOT ARISING OUT OF NEGLIGENCE, SHALL BE LIMITED TO THE PRICE PAID BY THE CUSTOMER TO WHICH THE CLAIM RELATES. IN NO EVENT SHALL TETRANE BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PROFITS, DATA LOSS, REPUTATIONAL DAMAGES... OR FOR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. THIS SHALL APPLY EVEN WHERE SUCH A LOSS WAS REASONABLY FORESEEABLE OR TETRANE HAD BEEN MADE AWARE OF THE POSSIBILITY OF THE CUSTOMER INCURRING SUCH A LOSS.

You agree that you won’t use the software contrary to laws, regulations, and customs, or have any usage that may be forbidden in relation to intellectual property laws and regulations, counterfeiting allegations, or any other exclusive right; trade secret; circumvention of technical protection measures; any agreement, especially any license agreement, terms of services, terms of use, non-disclosure agreement, developer contract, electronic communication regulations.

Free or open source software

The software implements programs governed by a free or open source license. The corresponding list of programs, their license(s)and source code are available at https://github.com/tetrane/tetrane-oss. These programs come with ABSOLUTELY NO WARRANTY; before using, modifying or distributing them, please make sure to read their license and accept the attached terms and conditions; you are welcome to redistribute free or open source software under certain conditions.

BETA PROGRAM

From time to time TETRANE may open a Beta Program for a limited period of time to gather feedback about a new version of its software. Although utilizable by experienced users, the Beta Software is still being developed, tested and evaluated. You may ask to join our Beta Program but TETRANE will make the final decision regarding who may effectively join it. The Beta Program will grant you a free license for a limited period of time.

You will give TETRANE feedback about our Beta Software consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide TETRANE with any Feedback, as part of the testing and evaluation of our Beta Software, you agree that: (a) TETRANE may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any TETRANE product, specification or other documentation; and (b) you will not give TETRANE any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to licence terms that seek to require any TETRANE product incorporating or derived from any Feedback, or other TETRANE intellectual property, to be licensed to or otherwise shared with any third party.

Termination

This license is effective until terminated. It will terminate immediately without notice if you fail to comply with any of its provisions. Upon termination you must destroy the software and all copies thereof. You may terminate this license at any time by destroying the software and all copies thereof. In addition, TETRANE may suspend or terminate your license for any of the following reasons: (i) if you fail to comply with "these General Terms and Conditions and End User License Agreement", (ii) if you use the product in a way that causes legal liability to us or (iii) if we are investigating suspected misconduct by you.

Export Restrictions

The Software is subject to export limitations, restrictions and may be subject to import restrictions by certain foreign governments. Accordingly, we have the right to refuse to sell to people and companies in those countries. You agree to comply with all applicable export and import laws and regulations in your download of, access to, and use of the Software. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country. You also certify that you are not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person. You agree not to use or provide the Software for any prohibited end use.

Disputes

All transactions governed by hereby General Terms and Conditions of supply shall be governed by French law. Arbitration shall then be located in Paris and applicable procedure shall be governed by French law. Procedure shall be held in French, notwithstanding the language of the Terms.