Notepan software End-User License Agreement (EULA)
Last updated: April 7, 2023
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY.
This End-User License Agreement (referred to as “EULA”) creates a legal agreement between You (“User”) and Maxence Champy (the “Editor”) and govern Your use of the software Notepan (the “Software”). By downloading, installing, contracting, copying, accessing or using the Software, you accept the terms of this EULA. Use of some services included in or accessed through the Software may be subject to additional terms and conditions.
IF YOU DO NOT AGREE WITH THIS EULA, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS NOR USE THE SOFTWARE.
THE SOFTWARE IS NOT SOLD TO YOU BUT PROVIDED WITHIN THE FRAMEWORK OF A LICENSE.
“EULA” : means this End-User License Agreement and its conditions.
“Editor” / “We” : means Maxence Champy, Individual Entrepreneur registered with the Reims Trade & Companies Register under number 897 392 007, manufacturer, supplier and sole owner of the software called Notepan.
“User” / “You” : means the individual or the company accessing or using the Software.
“Software” : means the software program named Notepan provided by the Editor and downloaded by the User on a Compatible Computer, including without limitation : the software in itself, futures updates of this software, its object code and source code, its documentation, its data structure, its data and settings (whether they are stored in a database, text file or any other format), its graphical elements and interfaces, any images, texts, videos, songs or audio samples. The Software allows You to create, edit and play Handpan tablatures.
“Compatible Computer” : means a computer with the recommended operating system and hardware configuration as stated here.
“Content” : refers to any content, in particular Handpan tablatures, that You or any other user can create and share through the Software.
“Website” : refers to the Notepan website and API, accessible at the URL https://www.notepan.fr.
“Online Services” : refers to some online services accessible through the Software, such as : publishing Your Content on the online library in order to share it with other users, browse this library to explore its Content or download any of this online Content to use or save on Your own Compatible Computer.
“Membership” : means your subscription, free or paid, to on of the service options available. Your ability to use certain Software’s functionalities and Online Services is governed by Your subscription plan.
2. Use of the software
2.2 The use of Online Services requires the User to have Internet access. The User may be required to connect to the Internet and log in at any time, in particular after a period of inactivity. The Software may automatically connect to Internet, at any time and without notice, to verify User’s Membership validity or check the availability of Software upgrade.
2.2 Most of the Software’s functionalities and Online Services require the User to have a paid membership. A free trial period of 14 days is offered to You in order to try the Software before any subscription. This trial grant you access to all Software’s functionalities and Online Services with the following limitation: you can download a maximum of 10 tablatures from the online library.
3. License grant
3.2 Functionalities and services offered within the framework of a paid subscription (“Paid Membership”) stay available as long as the Paid Membership is current and active. If the Paid Membership is not renewed at the end of its term, or if the User fails to pay the applicable membership fees, the functionalities and services related to this Paid Membership will stop functioning. Upon the expiration or termination of the Paid Membership, and subject to its continuous compliance with this EULA, the User retains the right to use functionalities of the Software and Online Services that are free, and may buy another Paid Membership at any time.
3.3 You must in no event use, nor allow others to use, the Software or this EULA for commercial purposes without first obtaining the authorization to do so from the Editor. You can ask for this authorization by sending an email at firstname.lastname@example.org or via our contact form. The Editor reserves the right to refuse your demand, for any reason.
4. Intellectual property
4.1 This license confers no title or ownership in the Software and should not be interpreted as a sale of any right in the Software.
4.2 The Software, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Editor, even after installing the Software on Your device. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without the Editor’s prior permission.
4.3 The User accepts not to, directly or indirectly:
- Sell, rent out, lease, license, sublicense, distribute, market or exploit the Software
- Modify, represent, reproduce, reverse engineer, decompile or disassemble the Software, in whole or in part
- Remove, modify or disable any copyright, proprietary notices or trademark indications
5.1 You are responsible for all Content that You post to the Software, including its legality, reliability, and appropriateness, and for all activity that occurs under Your account. You represent and warrant that the Content is Yours, or You have the right to use it.
5.2 By posting Content to the Software, You grant the Editor and other users of the Software a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Software. You retain all rights in the Content that You submit on Notepan, and You may modify or remove it at any time and for any reason.
6. Limitation of liability
6.1 To the maximum extent permitted by applicable law, in no event shall the Editor be liable for any special, incidental, indirect or consequential damages whatsoever, including but not limited to : damages for loss of profits, loss of data or other information, for business interruption or for personal injury related to the use of or inability to use the Software, even if the Editor has been advised of the possibility of such damages.
6.2 Notwithstanding any damages that You might incur, the entire liability of the Editor and any of its suppliers under these EULA shall be limited to the amount actually paid by You for or through the Software in the 12 months immediately prior to the incident causing the liability, or 50€ if you have not purchased anything for or through the Software. This limitation of Editor’s liability represents your sole and exclusive remedy for any claim you may have against the Editor in relation to the Software.
7. Warranty disclaimer
7.1 YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE EDITOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF: CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY, SECURITY, FITNESS FOR A PARTICULAR USE OR YOUR REQUIREMENTS, NON-INFRINGMENT, MERCHANTABILITY OR YOUR SATISFACTION.
7.2 The Editor does not warrant that the Software will be uninterrupted or error-free, that defects can or will be corrected, or that the Software is free of viruses, malwares or other harmful components. You assume all responsibility for selecting the Software to achieve your intended results, and for the installation of, use of, and results obtained from the Software.
7.3 The Editor has no obligation to provide any specific Content, and other users that have shared Content through the Software can delete it, at any moment and for any reason. You have no warranty that the Content that motivated your desire to use the Software will be available in the future.
8.1 You are solely responsible for any damage caused to the Editor, other users of the Software or any other individual or legal entity as a result of Your violation of this EULA.
8.2 You agree to indemnify and hold harmless the Editor from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in a way related to your access to or use of the Software, your User Content or your breach of any of these Terms.
9.1 This EULA is effective from the earlier of the date You download, install or use the Software, until terminated by You or the Editor according to its terms.
9.2 The Editor or the User may terminate this EULA at any time and for any reason. This EULA will terminate automatically if the User fail to comply with any or the terms and conditions of this EULA.
9.3 Upon termination of this EULA, the User must immediately uninstall the Software and destroy all copies of the Software and its Content, full or partial, in its possession.
10. Changes to this EULA or to the software
10.1 The Editor may, from time to time, modify this EULA. Such changes will be effective with or, as applicable, without notice to You. You can review the most current version of this EULA by clicking on the “Legal terms” link located in the footer of our Website. By continuing to access or use the Software after any revisions become effective, You agree to be bound by the revised EULA. If You do not agree to the new terms, You are no longer authorized to use the Software.
10.2 The Editor may modify the Software, at any moment and for any reason, in particular to provide updates, patches or to improve and/or optimize the Software. You agree that the Software may install and download the modifications automatically.
10.3 Updates may modify or delete certain features and/or functionalities of the Software. You agree that the Editor has no obligation to provide any updates or continue to provide or enable any particular features and/or functionalities of the Software to You.
11.1 If You provide any feedback, comments, ideas, improvements or suggestions with respect to the Software, You accept that the Editor shall be free to use these suggestions for any purpose and in any way without any credit or compensation to You.
12. Legal points
12.1 This EULA is governed by French law. Its execution and interpretation fall within the jurisdiction of the French courts. If this EULA is translated into any other language, the French version shall prevail in case of a dispute.
12.2 If any provision of this EULA is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the EULA will remain in full force and effect.
12.3 A failure or delay by the Editor to enforce any part of this EULA is not a waiver of his right to later enforce that or any other part of this EULA.
13. Entire agreement
13.1 This EULA, together with any additional agreements you may enter into with the Editor, shall constitute the entire agreement between You and the Editor concerning the Software.
If you have any question about this EULA, or if You need assistance or information concerning the Software, You can contact the Editor:
* THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW. In some countries you may have additional rights and/or the preceding may not apply to you.
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