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METEODYN SAS with capital of 80000 Euros Headquarters: 14, bd Winston Churchill 44100 Nantes - France
www.meteodyn.com - Ph: +33 (0) 240 71 05 05 - Fax: +33 (0) 240 71 05 06
METEODYN WT RG SOFTWARE END USER LICENSE AGREEMENT
ARTICLE 1 SUBJECT
THE COMPANY admits and accepts that THE SOFTWARE may contain technical
For the duration of the agreement, THE LICENSOR (METEODYN) grants to THE imprecision or mistakes and THE LICENSOR can improve or modify THE
COMPANY (the customer), who agrees, a non-exclusive license of METEODYN WT SOFTWARE at any time.
RG (THE SOFTWARE) use. It is categorically forbidden to THE COMPANY to modify or make any adjustment to
This license is consented and agreed whatever the number of users with the exception THE SOFTWARE.
that these users form a part of THE COMPANY and wholly-owned subsidiaries and THE COMPANY must set up new versions and updates of THE SOFTWARE
affiliates of THE COMPANY. provided by THE LICENSOR.
The SOFTWARE install will be done by THE COMPANY (a user manual is provided
with THE SOFTWARE). ARTICLE 7 CESSION
ARTICLE 2 DURATION It is categorically forbidden for THE COMPANY to assign this contract wholly or partly
to any third party without unequivocal and written agreement of THE LICENSOR. This
This license is granted and agreed for an annual duration. contract commits parties, their successors and rightful claimants.
3-1 Once THE COMPANY subscribes to a license agreement, THE LICENSOR Each party must not divulge any technical or commercial information to a third party
provides a dongle (physical security key) to THE COMPANY allowing it solver access and is responsible for ensuring that its employees and subcontractors honour this
to run new calculations throughout the duration of the license. obligation.
THE LICENSOR agrees to make the standard free exchange of any defective key THE COMPANY must keep confidential technical information related to THE
(unreadable) if its returned previously by THE COMPANY. SOFTWARE and also must not divulge to a third party information enabling it to
This dongle will be neither reproduced nor duplicated nor handed over to any third reproduce THE SOFTWARE.
parties, except as otherwise agreed herein.
ARTICLE 9 WARRANTIES AND LIMITATION OF LIABILITY
3-2 Once the annual license ends, THE COMPANY must restore the dongle to THE
LICENSOR by sending it by registered post with acknowledgement of receipt or by THE LICENSOR must provide a substitute for the dongle in case of dysfunction
handing it over to THE LICENSOR with discharge. attributable to THE LICENSOR within a time of 5 working days following receipt of the
Any deterioration or loss of the dongle during the agreement will lead to a defective dongle.
complementary payment as detailed in article 4 to go to the end of the agreement. THE COMPANY is perfectly informed of THE SOFTWARE way of use and
Non-payment leads the end of the contract. performance thus THE LICENSOR must not be blamed in any case for any direct or
indirect damage linked to THE SOFTWARE.
3-3 THE COMPANY is allowed to print data and results obtained by the use of THE THE LICENSOR does not certify any other warranty than the one of the physical
SOFTWARE. However, published results must mention that there were obtained by existence of THE SOFTWARE accessible by the dongle.
using METEODYN SOFTWARE (source must be clearly mentioned). THE LICENSOR declares that to the best of its knowledge, THE SOFTWARE does
not fake any existing software and thus, THE LICENSOR is free to sell licenses on
3-4 THE COMPANY can subscribe to an optional technical support service. In this THE SOFTWARE.
case, THE COMPANY allows THE LICENSOR and its partners (employees, suppliers)
to collect and to use technical information gathered through assistance services ARTICLE 10 CANCELLATION/AVOIDANCE
provided if necessary, and connected to THE SOFTWARE. THE LICENSOR may use
this information with the aim to improve its products and to provide customers with This contract will be immediately cancelled by full rights without prejudice of damages
customized services or technologies, and must not divulge this information. which would be requested in case that one of the parties would not respect its
obligation.
3-5 In case of Academic license, THE COMPANY must not use THE SOFTWARE for Particularly, THE LICENSOR has a right to suspend or interrupt access to THE
commercial purposes but only for teaching and research. THE COMPANY will have to COMPANY to THE SOFTWARE in case that the latter would transgress clauses of
justify the use of the software for teaching and research articles 5 and 8.
ARTICLE 11 EXPIRATION
ARTICLE 4 PAYMENT PRICE
Once the contract will end for whatever causes, THE COMPANY would cease any
4.1 In consideration for the license, THE COMPANY will pay to the LICENSOR, who use of THE SOFTWARE. On the assumption that THE COMPANY would have used
agrees, an amount calculated according to the number of copies and the duration of METEODYN WT RG brand within the framework of this contract, THE COMPANY will
the license use as specified on the article 2. The payment is due when the contract is stop this use.
signed.
ARTICLE 12 LITIGATIONS
4.2 The renewal of the dongle not returned because of a loss will be invoiced 3 500
(tax excluded) to THE COMPANY. Any litigation connected to this contract would be subjected to French laws and
The renewal of the dongle returned because of deterioration will be invoiced 300 (tax governed by the Court of Justice of Paris. French law shall govern the interpretation of
excluded) to THE COMPANY for management cost. this License Agreement and the rights and obligations of both parties expressed
hereunder.
4.3 The software is delivered to THE COMPANY free of charges for transportation,
packaging and insurance. Any taxes or fees that may be levied by THE COMPANY ARTICLE 13 INVALIDITY
government for the import of the software have to be paid by the THE COMPANY or its
import agent. If any provision of this contract shall be held by a court of competent jurisdiction to be
contrary to law, that provision will be enforced to the maximum extent permissible and
ARTICLE 5 INTELLECTUAL PROPERTY the remaining provisions of this contract will remain in full force and effect.
THE SOFTWARE is protected by laws and treaties related to royalties and intellectual ARTICLE 14 ABSENCE OF NOVATION
property. Through this agreement, THE LICENSOR grants only a license of use for
THE SOFTWARE to THE COMPANY. Property rights, royalties and additional rights of If one of the parties does not request the whole enforcement of certain clauses and/or
intellectual property connected to THE SOFTWARE belong to THE LICENSOR or its measures of this contract, it would not lead to any novation of this contract regarding
suppliers. these clauses and/or obligation. In the event of absence of written dispensation
Thereof, THE COMPANY is not allowed to duplicate, make duplicate, represent, related to these clauses and/or obligation, the latter will remain enforceable.
make represent, adapt, make adapt, distribute, make distribute, lend, make lend, to
grant a sub-license, to diffuse, make diffuse via a network like Internet wholly or as a ARTICLE 15 FORGERY
part of THE SOFTWARE without unequivocal and written agreement of THE
LICENSOR. THE COMPANY must immediately inform THE LICENSOR of any case of forgery,
imitation or forbidden use of THE SOFTWARE.
The Customer is not allowed to reconstitute THE SOFTWARE logic, as well as
disassemble it. Before any dismantling within the framework of an interoperability
allowed by law code, THE COMPANY must let it be known to THE LICENSOR in Date, Company Stamp and Signature:
order to check out the accessibility of required information.
THE COMPANY is not allowed to modify wholly or any part of THE SOFTWARE.
THE LICENSOR shall provide online assistance to THE COMPANY, if the latter
makes a request and on condition that THE COMPANY subscribes to technical
support contract an online assistance with limited time.