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1 Terms and conditions of use GENYMOTION |
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2 Definition of "end user" |
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3 |
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4 A "end user" is a user represented by an unique username and using the software only one a single workstation. |
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5 Free VERSION AGREEMENT : Personal and private use only, exclusion of all other uses |
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6 Binding agreement |
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7 |
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8 By acceptance of this end user license agreement, a legally binding contract and agreement, which sets forth the license and use rights for the software/application developed by GENYMOBILE, is created between the end user/licensee and GENYMOBILE, a corporation with an establishment in Paris (75004), 36, boulevard de Sébastopol. |
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9 |
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10 The end user or the licensee agrees that any time when he accesses, uses the software developed by GENYMOBILE or logs into the software/application of GENYMOBILE, it reaffirms its acceptance and express agreement under these conditions. If the licensee or the end user does not agree to all the terms, he is not authorized to access or use the software/application. By accepting these terms, the licensee or the end user has specifically taken note of all GENYMOBILE’s rights and intellectual property rights, as well as exclusions of responsibilities and guarantees. |
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11 Warning: warranties and representations of the licensee |
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12 |
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13 Licensee and the end user are solely responsible for the use, application, and implementation, and all decisions related to the use, application, and implementation of the software/application developed by GENYMOBILE. |
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14 License granted: Limited |
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15 |
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16 GENYMOBILE grants the end user or the licensee a non-transferable, non-sublicenseable, non-assignable, terminable, limited, and non-exclusive license to access and use the software application developed by GENYMOBILE. |
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17 |
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18 This license is granted to the end user only and exclusively in connection with personal use, the end user is an individual, and not a professional, who downloads the application for personal and private needs, excluding commercial and professional environment. |
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19 |
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20 The end user and the licensee do not have any right or license to, and will not, directly or indirectly, in any manner whatsoever: |
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21 |
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22 assign, transfer, sell, encumber or modify the software/application developed by GENYMOBILE or include this applicationin a product whatsoever, |
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23 |
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24 use or utilize this software/application for any purpose or in any manner that is illegal or in violation of any applicable law or rights of any third party, |
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25 |
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26 Generally speaking, all access, performance or use of the application except as expressly permitted by these terms and any use in accordance to GENYMOBILE’s purpose shall be deemed to be an infringement of GENYMOBILE’s intellectual property rights on its software/application and open all rights and remedies in connection with such infringement. |
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27 No support and no guarantee |
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28 |
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29 GENYMOBILE is not required to provide or make available any support, maintenance, or other services to the end user or to the licensee. |
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30 |
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31 GENYMOBILE may, at any time, take down or shut down access the software/application developed for maintenance, repair, or for any reason whatsoever. |
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32 |
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33 GENYMOBILE makes no warranty with respect to the application developed including, without limitation, regarding the modifications and improvements. |
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34 |
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35 The applicationis provided « as is » and « where is ». |
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36 |
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37 GENYMOBILE provides no commitment, no warranty to the end user or licensee. |
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38 |
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39 GENYMOBILE disclaims: |
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40 |
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41 Any liability of any nature whatsoever, |
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42 |
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43 Any warranty and any support, maintenance or other service, |
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44 |
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45 Any warranty of merchantability, non-infringement, ownership, accuracy, reliability, interoperability with other software or applications, |
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46 |
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47 Any collateral security or quiet enjoyment or the use is not interrupted by virus or error-free, or that the end user will not meet errors, |
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48 |
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49 Any use that is consistent with security needs and specific requirements by the end user or licensee, |
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50 |
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51 Any warranty arising as a result of custom, usage or trade and those arising under Law. |
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52 |
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53 GENYMOBILE shall in no event be liable to the end user or licensee or any third party for any damages. |
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54 Downtime |
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55 |
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56 GENYMOBILE may, from time to time, take down or shut down access to the software/application for maintenance, repair, or service as GENYMOBILEmay deem necessary in its sole discretion (« downtime »). The end user or licensee acknowledges that, during any downtime, he may not be able to access and use some or all parts of the software/application. GENYMOBILE may, but shall have no obligation to, make commercially reasonable efforts to notify to the end user or licensee in advance of such downtime, for example by displaying a notice during access of the software/application. |
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57 |
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58 GENYMOBILE will make commercially reasonable efforts to keep the downtime to a minimum, but in no event GENYMOBILE shall be liable for such downtime. |
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59 Ownership |
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60 |
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61 GENYMOBILE owns and retains all rights to: |
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62 |
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63 the software/application she has developed and all modifications and improvements, |
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64 |
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65 any trademarks, domain names, patents, software, copyrights, trade name and trade secret rights belonging to her, and other intellectual property rights, industrial property rights, and other proprietary rights of any kind, existing anywhere or under any law, |
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66 |
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67 any other technology, invention, concept, system, method, process, and other element of the software/application developed by her, |
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68 |
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69 Any derivative works made from modifications and improvements to the application. |
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70 |
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71 Nothing in this agreement constitutes, or shall be interpreted or construed to constitute, any assignment, transfer or conveyance of any right, title or interest, or (except solely for the license expressly granted to the end user or the licensee under the article « license granted: Limited ») any license or use right, or any right to grant any license or right of use any GENYMOBILE’s property. |
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72 |
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73 The end user or the licensee acknowledges that he can not acquire, by use or by any other means, and will not claim, any ownership, license, or other rights (except solely for the license expressly granted to the end user or the licensee underthe article « license granted: Limited »). |
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74 |
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75 He also agrees to take no action, which may impair or jeopardize the GENYMOBILE’s property and rights. |
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76 |
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77 The end user or the licensee can not make use of any trademarks or any signs owned by GENYMOBILE. |
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78 Basis of bargain |
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79 |
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80 GENYMOBILE grants, free of charge, this license to the end user or licensee who accepts it. |
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81 Infringement |
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82 |
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83 If use of the software/application may be enjoined due to a claim of infringement by a third party then, at its sole discretion, GENYMOBILE may do one of the following: |
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84 |
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85 negotiate a license or other agreement so that the software/application is no longer subject to such a potential claim, |
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86 |
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87 modify the software/application so that it becomes non-infringing, provided such modification can be accomplished without materially affecting the performance and functionality of the software/application, |
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88 |
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89 replace the software/application with non-infringing software/application or, |
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90 |
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91 terminate this license and the end user or the licensee shall stop using the software/application. |
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92 |
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93 Modifications |
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94 |
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95 GENYMOBILE may modify, amend, change, and cancel the license agreement. The end user or the licensee agrees that the acceptance of each such modification, amendment, change, and alteration shall be a condition precedent for the license, the access and use of the software/application. The license shall automatically terminate, without need for any notice, if the end user or the licensee fails to accept such modification, amendment, change when requested. |
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96 |
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97 GENYMOBILE may, when she decides to do, install or make available any update to the software/application including, without limitation, modification, error correction, update, upgrade, enhancement, or change of the software/application. |
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98 |
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99 GENYMOBILE has the right to make any modification at any time, without the obligation to provide any notice or obtain any consent or agreement from the end user or the licensee, and without any right for him to receive any notice or provide any consent or agreement thereto. |
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100 Statistics |
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101 |
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102 GENYMOBILE may, without the prior consent of the end user or the licensee, perform all statistics. |
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103 Termination |
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104 |
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105 GENYMOBILE may terminate this agreement at any time without cause and without need for any notice to the end user or to the licensee. |
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106 |
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107 Upon the termination of this agreement, the end user or the licensee shall immediately cease using the software/application developed by GENYMOBILE. Any use of the software/application after termination of this agreement shall be deemed to be an infringement of GENYMOBILE’s intellectual property rights. |
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108 Forum for disputes and applicable Law |
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109 |
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110 The parties hereto agree that the Paris Court will have exclusive jurisdiction to resolve any dispute between the end user or the licensee and GENYMOBILE. The parties hereby irrevocably consent and submit to, and waive any objection to, personal jurisdiction of such courts. Notwithstanding the foregoing, GENYMOBILE may apply to any court of competent jurisdiction for injunctive relief. |
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111 |
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112 This agreement shall be governed by French Law, exclusive of any of its conflicts of law or international private law rules or principles that would result in the application of the law of any other jurisdiction. |
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113 |
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114 ******* |
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115 |
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116 Terms of the paid Agreement version INDIE : Professional use limited to companies with fewer than three employees |
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117 |
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118 Binding agreement |
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119 |
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120 By acceptance of this end user license agreement, a legally binding contract and agreement, which sets forth the license and use rights for the software/application developed by GENYMOBILE, is created between the end user/licensee and GENYMOBILE, a corporation with an establishment in Paris (75004), 36, boulevard de Sébastopol. |
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121 |
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122 The end user or the licensee agrees that any time when he accesses, uses the software developed by GENYMOBILE or logs into the software/application of GENYMOBILE, it reaffirms its acceptance and express agreement under these conditions. If the licensee or the end user does not agree to all the terms, he is not authorized to access or use the software/application. By accepting these terms, the licensee or the end user has specifically taken note of all GENYMOBILE’s rights and intellectual property rights, as well as exclusions of responsibilities and guarantees. |
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123 Warning: warranties and representations of the licensee |
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124 |
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125 Licensee and the end user are solely responsible for the use, application, and implementation, and all decisions related to the use, application, and implementation of the software/application developed by GENYMOBILE. |
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126 License granted: Limited |
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127 |
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128 GENYMOBILE grants the end user or the licensee a non-transferable, non-sublicenseable, non-assignable, terminable, limited, and non-exclusive license to access and use the software application developed by GENYMOBILE. |
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129 |
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130 The user downloads the application says to do so in a professional and for the purposes of its business which is necessarily a business with fewer than three employees. This so-called INDIE license is limited to the use made in the company, prohibiting the user to subscribe several INDIE licenses. Therefore the licensee warrants, represents and undertakes to use the application solely for this approved use. |
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131 |
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132 The end user and the licensee do not have any right or license to, and will not, directly or indirectly, in any manner whatsoever: |
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133 |
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134 assign, transfer, sell, encumber or modify the software/application developed by GENYMOBILE or includethis applicationin a productwhatsoever, |
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135 |
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136 use or utilize this software/application for any purpose or in any manner that is illegal or in violation of any applicable law or rights of any third party, |
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137 |
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138 Generally speaking, all access, performance or use of the application except as expressly permitted by these terms and any use in accordance to GENYMOBILE’s purpose shall be deemed to be an infringement of GENYMOBILE’s intellectual property rights on its software/application and open all rights and remedies in connection with such infringement. |
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139 No support and no guarantee |
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140 |
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141 GENYMOBILE is not required to provide or make available any support, maintenance, or other services to the end user or to the licensee. |
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142 |
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143 If GENYMOBILE decided to offer support, it would be without warranty of any kind with respect to the response time, this possible response would occur in any event by email. |
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144 |
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145 GENYMOBILE may, at any time, take down or shut down access the software/application developed for maintenance, repair, or for any reason whatsoever. |
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146 |
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147 GENYMOBILE makes no warranty with respect to the application developed including, without limitation, regarding the modifications and improvements. |
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148 |
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149 The application is provided « as is » and « where is ». |
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150 |
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151 GENYMOBILE provides no commitment, no warranty to the end user or licensee. |
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152 |
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153 GENYMOBILE disclaims: |
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154 |
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155 Any liability of any nature whatsoever, |
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156 |
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157 Any warranty and any support, maintenance or other service, |
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158 |
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159 Any warranty of merchantability, non-infringement, ownership, accuracy, reliability, interoperability with other software or applications, |
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160 |
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161 Any collateral security or quiet enjoyment or the use is not interrupted by virus or error-free, or that the end user will not meet errors, |
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162 |
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163 Any use that is consistent with security needs and specific requirements by the end user or licensee, |
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164 |
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165 Any warranty arising as a result of custom, usage or trade and those arising under Law. |
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166 |
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167 GENYMOBILE shall in no event be liable to the end user orlicensee or any third party for any damages. |
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168 Downtime |
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169 |
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170 GENYMOBILE may, from time to time, take down or shut down access to the software/application for maintenance, repair, or service as GENYMOBILE may deem necessary in its sole discretion (« downtime »). The end user or licensee acknowledges that, during any downtime, he may not be able to access and use some or all parts of the software/application. GENYMOBILE may, but shall have no obligation to, make commercially reasonable efforts to notify to the end user or licensee in advance of such downtime, for example by displaying a notice during access of the software/application. |
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171 |
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172 GENYMOBILE will make commercially reasonable efforts to keep the downtime to a minimum, but in no event GENYMOBILE shall be liable for such downtime. |
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173 Ownership |
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174 |
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175 GENYMOBILE owns and retains all rights to: |
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176 |
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177 the software/application she has developed and all modifications and improvements, |
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178 |
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179 any trademarks, domain names, patents, software, copyrights, trade name and trade secret rights belonging to her, and other intellectual property rights, industrial property rights, and other proprietary rights of any kind, existing anywhere or under any law, |
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180 |
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181 any other technology, invention, concept, system, method, process, and other element of the software/application developed by her, |
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182 |
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183 Any derivative works made from modifications and improvements to the application. |
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184 |
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185 Nothing in this agreement constitutes, or shall be interpreted or construed to constitute, any assignment, transfer or conveyance of any right, title or interest, or (except solely for the license expressly granted to the end user or the licensee underthe article « license granted: Limited ») any license or use right, or any right to grant any license or right of use any GENYMOBILE’s property. |
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186 |
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187 The end user or the licensee acknowledges that he can not acquire, by use or by any other means, and will not claim, any ownership, license, or other rights (except solely for the license expressly granted to the end user or the licensee underthe article « license granted: Limited »). |
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188 |
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189 He also agrees to take no action, which may impair or jeopardize the GENYMOBILE’s property and rights. |
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190 |
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191 The end user or the licensee can not make use of any trademarks or any signs owned by GENYMOBILE. |
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192 Basis of bargain |
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193 |
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194 GENYMOBILE grants this license to the end user or licensee who accepts it. |
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195 |
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196 In consideration of the rights granted (professional use limited to companies with fewer than three employees), the licensee shall pay online GENYMOBILE before downloading the application, a fixed annual license fee. |
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197 Infringement |
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198 |
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199 If use of the software/application may be enjoined due to a claim of infringement by a third party then, at its sole discretion, GENYMOBILE may do one of the following: |
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200 |
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201 negotiate a license or other agreement so that the software/application is no longer subject to such a potential claim, |
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202 |
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203 modify the software/application so that it becomes non-infringing, provided such modification can be accomplished without materially affecting the performance and functionality of the software/application, |
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204 |
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205 replace the software/application with non-infringing software/application or, |
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206 |
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207 terminate this license and the end user or the licensee shall stop using the software/application. |
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208 |
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209 Modifications |
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210 |
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211 GENYMOBILE may modify, amend, change, and cancel the license agreement. The end user or the licensee agrees that the acceptance of each such modification, amendment, change, and alteration shall be a condition precedent for the license, the access and use of the software/application. The license shall automatically terminate, without need for any notice, if the end user or the licensee fails to accept such modification, amendment, change when requested. |
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212 |
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213 GENYMOBILE may, when she decides to do, install or make available any update to the software/application including, without limitation, modification, error correction, update, upgrade, enhancement, or change of the software/application. |
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214 |
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215 GENYMOBILE has the right to make any modification at any time, without the obligation to provide any notice or obtain any consent or agreement from the end user or the licensee, and without any right for him to receive any notice or provide any consent or agreement thereto. |
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216 Statistics |
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217 |
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218 GENYMOBILE may, without the prior consent of the end user or the licensee, perform all statistics. |
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219 Duration and Termination |
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220 |
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221 This license is granted for a period of one year, renewable by tacit agreement. GENYMOBILE will remember the deadline to the end user or to the licensee one month before the deadline, with a possible return within 15 days if necessary, with the need to pay the fixed annual license fee fixed. Without payment in this period and one month after the expiry of one year, the license is automatically terminated. |
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222 |
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223 GENYMOBILE may terminate this license if the end user or to the licensee does not comply with the terms of this license for any reason whatsoever. |
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224 |
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225 Upon the termination of this agreement or in the event of non-payment of the license fee, the end user or the licensee shall immediately cease using the software/application developed by GENYMOBILE. Any use of the software/application after termination of this agreement shall be deemed to be an infringement of GENYMOBILE’s intellectual property rights. |
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226 Forum for disputes and applicable Law |
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227 |
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228 The parties hereto agree that the Paris Court will have exclusive jurisdiction to resolve any dispute between the end user or the licensee and GENYMOBILE. The parties hereby irrevocably consent and submit to, and waive any objection to, personal jurisdiction of such courts. Notwithstanding the foregoing, GENYMOBILE may apply to any court of competent jurisdiction for injunctive relief. |
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229 |
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230 This agreement shall be governed by French Law, exclusive of any of its conflicts of law or international private law rules or principles that would result in the application of the law of any other jurisdiction. |
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231 |
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232 ******* |
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233 |
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234 Terms of the paid AGREEMENT: Business use |
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235 Binding agreement |
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236 |
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237 By acceptance of this end user license agreement, a legally binding contract and agreement, which sets forth the license and use rights for the software/application developed by GENYMOBILE, is created between the end user/licensee and GENYMOBILE, a corporation with an establishment in Paris (75004), 36, boulevard de Sébastopol. |
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238 |
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239 The end user or the licensee agrees that any time when he accesses, uses the software developed by GENYMOBILE or logs into the software/application of GENYMOBILE, it reaffirms its acceptance and express agreement under these conditions. If the licensee or the end user does not agree to all the terms, he is not authorized to access or use the software/application. By accepting these terms, the licensee or the end user has specifically taken note of all GENYMOBILE’s rights and intellectual property rights, as well as exclusions of responsibilities and guarantees. |
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240 Warning: warranties and representations of the licensee |
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241 |
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242 Licensee and the end user are solely responsible for the use, application, and implementation, and all decisions related to the use, application, and implementation of the software/application developed by GENYMOBILE. |
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243 License granted: Limited |
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244 |
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245 GENYMOBILE grants the end user or the licensee a non-transferable, non-sublicenseable, non-assignable, terminable, limited, and non-exclusive license to access and use the software application developed by GENYMOBILE. |
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246 |
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247 The end user or licensee who downloads the software/application developed by GENYMOBILE says to do so in a professional environment and/or in relation of the activities of the company. Nevertheless, the pecuniary license is limited to one year per user. Therefore, the end user or the licensee warrants, represents and undertakes to use the application/software only under the above conditions. |
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248 |
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249 The end user and the licensee do not have any right or license to, and will not, directly or indirectly, in any manner whatsoever: |
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250 |
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251 assign, transfer, sell, encumber or modify the software/application developed by GENYMOBILE or includethis applicationin a productwhatsoever, |
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252 |
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253 use or utilize this software/application for any purpose or in any manner that is illegal or in violation of any applicable law or rights of any third party, |
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254 |
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255 Generally speaking, all access, performance or use of the application except as expressly permitted by these terms and any use in accordance to GENYMOBILE’s purpose shall be deemed to be an infringement of GENYMOBILE’s intellectual property rights on its software/application and open all rights and remedies in connection with such infringement. |
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256 Support |
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257 |
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258 GENYMOBILE may, in its sole discretion, directly or indirectly make available, but is not obligated, to provide a support by email regarding this application. Regarding this support, GENYMOBILE will try to give an answer to the questions that would be asked in a reasonable period of about 3 working days, working days agreeing Monday to Friday. |
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259 No guarantee and downtime |
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260 |
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261 GENYMOBILE may, at any time, take down or shut down access the software/application developed for maintenance, repair, or for any reason whatsoever. |
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262 |
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263 GENYMOBILE makes no warranty with respect to the application developed including, without limitation, regarding the modifications and improvements. |
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264 |
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265 The applicationis provided « as is » and « where is ». |
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266 |
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267 GENYMOBILE provides no commitment, no warranty to the end user or licensee. |
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268 |
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269 GENYMOBILE disclaims: |
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270 |
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271 Any liability of any nature whatsoever, |
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272 |
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273 Any warranty and any support, except response within 3 working days, any maintenance or other service, |
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274 |
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275 Any warranty of merchantability, non-infringement, ownership, accuracy, reliability, interoperability with other software or applications, |
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276 |
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277 Any collateral security or quiet enjoyment or the use is not interrupted by virus or error-free, or that the end user will not meet errors, |
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278 |
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279 Any use that is consistent with security needs and specific requirements by the end user or licensee, |
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280 |
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281 Any warranty arising as a result of custom, usage or trade and those arising under Law. |
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282 |
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283 GENYMOBILE shall in noevent be liableto the end user orlicensee orany third partyfor any damages. |
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284 |
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285 GENYMOBILE may, from time to time, take down or shut down access to the software/application for maintenance, repair, or service as GENYMOBILE may deem necessary in its sole discretion (« downtime »). The end user or licensee acknowledges that, during any downtime, he may not be able to access and use some or all parts of the software/application. GENYMOBILE may, but shall have no obligation to, make commercially reasonable efforts to notify to the end user or licensee in advance of such downtime, for example by displaying a notice during access of the software/application. |
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286 |
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287 GENYMOBILE will make commercially reasonable efforts to keep the downtime to a minimum, but in no event GENYMOBILE shall be liable for such downtime. |
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288 Ownership |
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289 |
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290 GENYMOBILE owns and retains all rights to: |
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291 |
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292 the software/application she has developed and all modifications and improvements, |
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293 |
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294 any trademarks, domain names, patents, software, copyrights, trade name and trade secret rights belonging to her, and other intellectual property rights, industrial property rights, and other proprietary rights of any kind, existing anywhere or under any law, |
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295 |
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296 any other technology, invention, concept, system, method, process, and other element of the software/application developed by her, |
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297 |
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298 Any derivative works made from modifications and improvements to the application. |
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299 |
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300 Nothing in this agreement constitutes, or shall be interpreted or construed to constitute, any assignment, transfer or conveyance of any right, title or interest, or (except solely for the license expressly granted to the end user or the licensee under the article « license granted: Limited ») any license or use right, or any right to grant any license or right of use any GENYMOBILE’s property. |
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301 |
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302 The end user or the licensee acknowledges that he can not acquire, by use or by any other means, and will not claim, any ownership, license, or other rights (except solely for the license expressly granted to the end user or the licensee under the article « license granted: Limited »). |
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303 |
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304 He also agrees to take no action, which may impair or jeopardize the GENYMOBILE’s property and rights. |
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305 |
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306 The end user or the licensee can not make use of any trademarks or any signs owned by GENYMOBILE. |
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307 Basis of bargain |
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308 |
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309 GENYMOBILE grants this license to the end user or licensee who accepts it. |
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310 |
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311 In consideration of the rights granted (business use, one license by user for one year), the licensee shall pay online GENYMOBILE before downloading the application, a fixed annual license fee. |
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312 Infringement |
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313 |
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314 If use of the software/application may be enjoined due to a claim of infringement by a third party then, at its sole discretion, GENYMOBILE may do one of the following: |
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315 |
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316 negotiate a license or other agreement so that the software/application is no longer subject to such a potential claim, |
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317 |
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318 modify the software/application so that it becomes non-infringing, provided such modification can be accomplished without materially affecting the performance and functionality of the software/application, |
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319 |
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320 replace the software/application with non-infringing software/application or, |
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321 |
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322 terminate this license and the end user or the licensee shall stop using the software/application. |
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323 |
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324 Modifications |
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325 |
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326 GENYMOBILE may modify, amend, change, and cancel the license agreement. The end user or the licensee agrees that the acceptance of each such modification, amendment, change, and alteration shall be a condition precedent for the license, the access and use of the software/application. The license shall automatically terminate, without need for any notice, if the end user or the licensee fails to accept such modification, amendment, change when requested. |
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327 |
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328 GENYMOBILE may, when she decides to do, install or make available any update to the software/application including, without limitation, modification, error correction, update, upgrade, enhancement, or change of the software/application. |
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329 |
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330 GENYMOBILE has the right to make any modification at any time, without the obligation to provide any notice or obtain any consent or agreement from the end user or the licensee, and without any right for him to receive any notice or provide any consent or agreement thereto. |
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331 Duration and Termination |
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332 |
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333 This license is granted for a period of one year, renewable by tacit agreement. GENYMOBILE will remember the deadline to the end user or to the licensee one month before the deadline, with a possible return within 15 days if necessary, with the need to pay the fixed annual license fee fixed. Without payment in this period and one month after the expiry of one year, the license is automatically terminated. |
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334 |
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335 GENYMOBILE may terminate this license if the end user or to the licensee does not comply with the terms of this license for any reason whatsoever. |
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336 |
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337 Upon the termination of this agreement or in the event of non-payment of the license fee, the end user or the licensee shall immediately cease using the software/application developed by GENYMOBILE. Any use of the software/application after termination of this agreement shall be deemed to be an infringement of GENYMOBILE’s intellectual property rights. |
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338 Forum for disputes and applicable Law |
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339 |
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340 The parties hereto agree that the Paris Court will have exclusive jurisdiction to resolve any dispute between the end user or the licensee and GENYMOBILE. The parties hereby irrevocably consent and submit to, and waive any objection to, personal jurisdiction of such courts. Notwithstanding the foregoing, GENYMOBILE may apply to any court of competent jurisdiction for injunctive relief. |
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341 |
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342 This agreement shall be governed by French Law, exclusive of any of its conflicts of law or international private law rules or principles that would result in the application of the law of any other jurisdiction. |