Component license agreement

© KAP IT

The component (hereinafter referred to as the "Software") you are about to download, including its documentation, is protected under the French intellectual property Code. Ownership of this Software is and shall remain vested in KAP IT, a French company registered under number B 483.404.570 in Evry.

By downloading or installing the Software, you acknowledge your understanding and acceptance of the following terms and conditions, and your authority to do so on behalf of your company (if applicable). KAP IT is only willing to grant to you the right to use the Software under these terms and conditions.

Any use or reproduction of the Software, even partially, outside of the terms and conditions expressed below, is strictly prohibited, would infringe KAP IT intellectual property rights and could result in civil and criminal prosecutions.

No right, title or interest in the Software is transferred to you by this Component License Agreement, except for the non-exclusive right to use the Software under the conditions and limits defined below:

• You are authorized, for your personal use or for the internal use of your company :
  • to make as many copies of the Software as you wish;
  • to integrate the Software in another application if the use of such application is also limited to your personal use or to the internal use of your company.
• You cannot provide the Software to a third party, nor use it for the benefit of a third party, whether on a free or paying basis.
• Despite the foregoing, you are authorized to provide the Software to a third party if all the following conditions are met:
  • the Software must be integrated in an application you developed (hereinafter the "Application");
  • the Application must be exclusively provided to your customers and your customers must be the end users of the Application;
  • the license agreement of the Application must therefore prohibit the customer from granting any right of use or any right of reproduction of the Application to any third party;
  • you must ensure that, before any use of the Application, your customers, end users of the Application, accept and agree, in turn, to abide by the terms of the present Component License Agreement, whether in writing or by clicking on a "Yes" or "I accept" button;
  • the Application must clearly show the intellectual property rights of KAP IT on the Software: the mention "© KAP IT" must appear on the start screen (if any) of the Application and in the "About..." item of the Application menu, as in any documentation on any support, and there must be a link to the KapLab website (http://lab.kapit.fr) in the "About..." item of the Application menu.

You are strictly prohibited from using the Software to develop any other software which would not be directly used by end users, and in particular, to develop another software component likely to compete with the Software.

• In all cases, the rights you are hereby granted relate exclusively to the executable code of the Software: you must not translate, create derivative works, decompile, disassemble, reverse-engineer or try in any other manner to obtain or deduce the source code from the executable code, except in the cases expressly provided by the French intellectual property Code and subject to prior notice to KAP IT.
• Apart from the cases defined above, any distribution or transfer, whether on a free or paying basis, and any commercial exploitation of the Software, in whole or in part, or of any application containing the Software, in whole or in part, are strictly prohibited.

DISCLAIMER - LIMITATION OF LIABILITY : The Software is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, warranty of compatibility with any hardware, software or operating system. KAP IT does not warrant the Software will meet your requirements or that its operation will be uninterrupted, error-free or virus-free. IN NO EVENT WILL KAP IT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE.

ACCESS RIGHT TO THE SOURCE CODE : The source code of the Software is deposited with the APP ("Agency for the Protection of Programs": official French escrow agency). According to Section 6 of APP's General Regulations, you can have access to the source code pursuant to the applicable legislation, or in case of liquidation of KAP IT. Access is only allowed after the approval of the APP's arbitration commission and does not transfer any property rights to you.

This Component License Agreement shall be governed by and construed under the laws of France. It is written in English and French: in the event of divergence between the two versions, the English document will prevail. Any dispute relating to the Software shall be subject to the exclusive jurisdiction of the Paris, France courts.

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