This software license agreement (the “Agreement”) sets out the license terms for Intelligence illuxi (the “Licensed Software”) and constitutes a binding agreement between You or the entity you represent (“You”) and Illuxi intelligence ("illuxi").
Please read the following license carefully, before (i downloading the Licensed Software from an authorized website or (ii) accessing the Licensed Software. You agree to have read this License Agreement and have understood, and You agree to abide by its terms and conditions.If you do not agree to the terms of this agreement, you must not download or access the licensed software.
1. GRANT OF LICENSE
The Licensed Software must be used with the illuxi Platform (the Hosted Service). Illuxi hereby grants You a non-exclusive, non-transferable license to use the Licensed Software, including user documentation and updates to which You are entitled under your subscription to the Hosted Service. You agree that You must have a valid Hosted Service subscription in order to use the Licensed Software and that You may not use the Licensed Software if the Hosted Service subscription expires or terminates in any way.
2. THIRD-PARTY PRODUCTS
Le Logiciel sous licence peut contenir des logiciels d'éditeurs tiers. Sans limiter l'applicabilité des autres clauses du présent Contrat, Vous acceptez que (a) le titre des logiciels tiers inclus dans le Logiciel sous licence est la propriété des tiers fournisseurs de ces logiciels et (b) Vous ne distribuerez pas les logiciels tiers disponibles dans le Logiciel sous licence, sauf indication contraire dans les conditions de la licence de ces logiciels tiers.
3. FICHIERS ET DOSSIERS
In order to use the Licensed Software as part of the Hosted Service, illuxi will need your permission to synchronize and store your files or data. Accordingly, You hereby authorize the Hosted Service to access the files stored on your computer, in the folder You have chosen, through the Licensed Software.
4. USE RESTRICTIONS
In addition to all the other terms of this Agreement, You must not:
- use the Licensed Software other than with the Hosted Service;
- Remove any copyright notices, trademarks or other proprietary notices from the Licensed Software or its copies;
- Create copies, except for a backup or archival copy for temporary emergency purposes;
- Rent, lease, license or distribute the Licensed Software or any part thereof in stand-alone form or as part of your application;
- Modify or improve the Licensed Software;
- Reverse engineer, decompile or disassemble the Licensed Software;
- Use the Licensed Software to post or transmit any text, graphics or material that infringes the privacy of others, is false,
deceptive or may infringe the copyright of others or encourage sectarianism, racism, intolerance, hatred or violence towards a person or group;
- Attempt to probe, analyze or test the vulnerability of any system or network;
- Use the Licensed Software to transmit viruses, worms or malicious content; and
- create a load on iluxi servers and other resources using the Licensed Software to transmit files between computers.
5. TECHNICAL SUPPORT
You are entitled to technical support for the Licensed Software as part of your subscription to the Hosted Service.
6. COLLECTION OF USAGE INFORMATION
illuxi collects information relating to your use of the Licensed Software, such as license information, type of installation, configuration of the system on which the Licensed Software is installed, statistics relating to product uptime and the frequency of use of the various features of the Licensed Software (the “Usage Details”). illuxi undertakes to communicate the data collected about your use of the Licensed Software at your request.
7. PROPERTY AND INTELLECTUAL PROPERTY
illuxi owns all rights, title and interest in the Licensed Software. illuxi expressly reserves all rights not granted to You under this Agreement, including the right to discontinue or not release Software, as well as to change prices, functionality, features, capabilities , features, license terms, release dates, general availability, or features of the Licensed Software. The Software is furnished only under license and is not sold to You by illuxi.
The Licensed Software contains information proprietary to illuxi. You agree to take all reasonable steps to maintain the confidentiality of the Licensed Software. You agree to communicate reasonably the terms of this Agreement to the persons you employ who come into contact with or access the Licensed Software, to take all reasonable steps and to ensure that such persons comply with these conditions including, and without limitation, not to authorize such persons, with their knowledge, to use any part of the Licensed Software for any purpose not authorized under this Agreement.
10. DISCLAIMER OF WARRANTIES
illuxi does not warrant that the Licensed Software will be error free. Except as otherwise provided in this Agreement, the Licensed Software is provided "as is" without warranty of any kind, including any implied warranties of merchantability and fitness for a particular purpose, and without warranty as to suitability. performance or results that you may obtain by using the Licensed Software. You are responsible for determining the suitability of using the Licensed Software, and You assume all risks associated with its use, including, without limitation, the risk of program errors, damage or loss. data, programs or equipment, and unavailability or interruption of operations.
11. LIMITATION OF LIABILITY
Under no circumstances will illuxi be held liable towards you or a third party for any particular, incidental, indirect, punitive, consequential damage or damages for loss of profit, operating losses, business interruption or loss of commercial information resulting from the use or inability to use the program, or any complaint from a third party, even if I have been informed of the possibility of such damage. Illuxi's entire liability with respect to its obligations under this Agreement or the Licensed Software will not exceed the subscription fees You paid for the Hosted Service.
Illuxi undertakes to indemnify and defend You against any claim, action or proceeding resulting from a complaint alleging that the Licensed Software infringes or violates any valid Canadian law, copyright or trade secret of a third party. , provided that You (i) promptly inform illuxi in writing of this complaint; (ii) cooperate with illuxi in the defense and / or settlement thereof, at illuxi's expense, and (iii) authorize illuxi to conduct the defense and all settlement negotiations. The above clauses constitute illuxi's sole obligation to You and your sole and exclusive remedy under this Agreement for intellectual property infringement.
illuxi has no obligation of indemnification for claims of infringement resulting or believed to result from (i) any combination, exploitation or use of the Licensed Software with any program or equipment not supplied by illuxi, (ii) any modification of the Software licensed by a third party other than illuxi, and (iii) your failure, within a reasonable time, to implement any replacement or modification of the Licensed Software provided by illuxi.
This Agreement ends at the same time as your subscription to the Hosted Service. You may terminate it at any time by destroying or returning to illuxi all copies of the Licensed Software in your possession. illuxi may terminate the Contract in the event of non-compliance with said Contract or with the conditions of the Service hosted by You and subsequent to your inability to resolve this situation after giving thirty (30) days' notice. Upon termination, You must destroy or return to illuxi all copies of the Licensed Software and certify in writing that all known copies have been destroyed. All provisions relating to confidentiality, disclaimer of warranty and limitation of liability remain in effect after termination of this Agreement.
This Agreement is governed by and interpreted in accordance with the laws of Canada (province of Quebec), excluding its provisions relating to conflicts of laws. This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, agreements or understandings between the parties. Any waiver or modification of this Agreement will only be effective when presented in writing and signed by both parties to this Agreement. If any part of this Agreement is found to be invalid or unenforceable, the other terms should be interpreted so as to reasonably reflect the intention of both parties.