C Pivot 1.0.3

EULA - End User License Agreement

CHORIOTIS END USER LICENSE AGREEMENT

Thank you for choosing C’Pivot. This is a license agreement between you and Choriotis that describes your rights to use the C’Pivot software.
NOTICE TO USER: PLEASE READ THIS AGREEMENT BEFORE OPENING THIS SOFTWARE PACKAGE. IF YOU OPEN, INSTALL OR USE ALL OR PART OF THE PACKAGE C’PIVOT (“SOFTWARE”) AND OTHER MATERIAL RECEIVED IN ASSOCIATION WITH IT, YOU AGREE TO USE THE PRODUCT PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ACCEPT THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED CONTRACT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT OPEN OR USE THIS SOFTWARE PACKAGE.
Choriotis owns all intellectual property in the Software. Choriotis permits you to use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or “Read Me” file associated with such materials.

1 DEFINITION OF TERMS

“Software” means (a) all of the contents of the files, disk(s), CD-ROM(s), online database, or other media associated with this Agreement, including but not limited to (i) Choriotis or third party computer information, source code, object code, bytecode, dynamic-link libraries, shared libraries, header files, executables, scripts, utility programs and CMakeFiles; (ii) related explanatory written or online materials or files, including, but not limited to, user guides and reference manuals (“Documentation”); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Choriotis (collectively, “Updates”). “Licensee” shall refer to the individual licensee, whether as an individual, company, or other organization. “Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. “Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. “Choriotis” means Choriotis 49 Rue de Ponthieu, 75008 Paris, France.

2 LICENSE GRANTS

2.1 General Purpose
Subject to the terms and conditions of this Agreement, Choriotis grants to Licensee the perpetual, non-exclusive, non-transferable, world-wide license to (i) install and use the Licensed Software on any number of compatible computers, and (ii) use the associated user Documentation and online help.

2.2 Terms of Use
The software allows you to access an online service by creating a user account and subscribing to the service. Using the Software implies you accept the terms of use of the service.

2.3 Third Party Website Access
The Software allows you to access third party websites (“Third Party Sites”). Your access to and use of any Third Party Sites, including any goods, services or information made from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by Choriotis.
YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. CHORIOTIS MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.

3 UNAUTHORIZED USE

Sharing the password with a non-subscriber or otherwise making the contents of software available to third parties is strictly prohibited.

4 INTELLECTUAL PROPERTY OWNERSHIP, COPYRIGHT PROTECTION

The Software and any authorized copies that you make are the intellectual property of and are owned by Choriotis. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Choriotis. The Software is protected by law, including without limitation the copyright laws and by international treaty provisions. Except as expressly stated herein, this Agreement is not a sale and does not transfer to the Licensee any title or ownership in or to the Software or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related thereto, and all rights not expressly granted are reserved by Choriotis.

5 LICENSE RESTRICTIONS

Notwithstanding any provisions in this Agreement to the contrary, Licensee may not distribute any portion of the Software. New users shall download a copy of the software from websites authorized by Choriotis.
Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

In addition, Licensee may not modify, adapt, translate or make derived work from the Software. Licensee may not decompile, disassemble, or reverse engineer any object code form of any portion of the Software. However, Licensee may provide their own version of the dynamically linked libraries licensed under LGPL according to LGPL v2.1 terms. Licensee understands and accepts that this exception is at use of their OWN RISK. Choriotis does not provide any assistance for this process.

6 NON-TRANSFERABILITY

Licensee may not rent, lease, transfer, assign, sublicense, cede or grant any rights in the Software, in full or in part, to any other person or entity without Choriotis’s written consent.

7 CONSENT TO USE DATA

You agree that Choriotis and its subsidiaries or suppliers may collect and use technical information associated with, including but not limited to, technical information about your computer, system and application software, and on devices gathered regularly to facilitate updates to the software, technical assistance and other services to you (if any) relating to Choriotis and to verify compliance with the contract. Choriotis may use this information, as long as they do not identify you personally, to improve our products or to provide services or technologies.
Servers that belong to Choriotis and its subsidiaries or suppliers automatically receive and store certain Anonymous Information about you, including interactions with demonstrations, offerings, links, and content on our Service, device IDs, mobile application IDs, connection information, error events, network events, IP address and log information (together “Log Data”). This Log Data is collected passively and may include information such as your Internet Protocol (“IP”) address, operating system type or the domain from which you found the Service. You agree that Choriotis and its subsidiaries or suppliers may collect and process Log Data.

8 UPDATE

Licensee shall receive, or be given access to, the updates to C’Pivot. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. You acknowledge that any obligation Choriotis may have to support the previous versions of the Software may be terminated upon availability of the Update.

9 LIMITED WARRANTIES

Choriotis warrants to Licensee that the Licensed Software will substantially perform the functions described in the Documentation. Choriotis’s sole and exclusive obligation, and Licensee’s sole and exclusive remedy, under this warranty is limited to Choriotis’s using reasonable efforts to correct material, documented, reproducible defects in the Licensed Software that Licensee describes and documents to Choriotis during the subscription period to the service provided by this software. In the event that Choriotis fails to correct a material, documented, reproducible defect during this period, Choriotis may, at Choriotis’s discretion, cancel this Agreement and the licenses granted herein. In such event, Licensee agrees to cancel their subscription to the service and uninstall the software.
THIS LIMITED WARRANTY DOES NOT APPLY TO TEMPORARY RELEASE, PRE-RELEASE (BETA), TESTING, STARTER, EVALUATION, PRODUCT SAMPLES AND WEBSITES. All claims under the warranty must be made, along with your customer details, to Choriotis Customer Service.

10 DISCLAIMER OF LIABILITY

THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY CHORIOTIS AND ESTABLISHES THE SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY OF CHORIOTIS, ITS SUBSIDIARIES OR ITS SUPPLIERS. EXCEPT FOR THE ABOVE LIMITED WARRANTY AND ANY WARRANTY, CONDITION, REPRESENTATION OR CONDITION TO THE EXTENT THE SAME CAN NOT BE EXCLUDED OR LIMITED BY LAW FOR YOU IN YOUR JURISDICTION, CHORIOTIS AND ITS SUBSIDIARIES AND SUPPLIERS PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES AND ONLINE SERVICES AS IS AND WITHOUT ANY WARRANTY AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER BY ACT, CIVIL RIGHT, HABIT, OR OTHERWISE IN RESPECT OF ANY OTHER MATTER, INCLUDING BUT NOT LIMITED TO, PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY OF WARRANTY MAY NOT BE VALID IN SOME STATES OR COUNTRIES. The provisions of Articles 9 and 11 shall survive termination of this Agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this Agreement.

11 LIMITATION OF LIABILITY

IN NO EVENT SHALL CHORIOTIS AND ITS SUBSIDIARIES OR SUPPLIERS BE RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY OR UNDER ANY STATUTE (INCLUDING WITHOUT LIMITATION ANY TRADE PRACTICE, UNFAIR COMPETITION OR OTHER STATUTE OF SIMILAR IMPORT) OR ON ANY OTHER BASIS FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION OR USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR DOCUMENTATION, EVEN IF CHORIOTIS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, DOWNTIME, MAINTENANCE, UNAVAILABILITY OF SERVICE , OR FOR LOSS OF REVENUE, PROFITS, GOODWILL OR BUSINESS OR OTHER FINANCIAL LOSS. IN ANY CASE, THE ENTIRE LIABILITY OF CHORIOTIS AND ITS SUBSIDIARIES OR SUPPLIERS UNDER THIS LICENSE, OR ARISING OUT OF THE USE OF THE SOFTWARE, SHALL NOT EXCEED IN THE AGGREGATE THE PURCHASE PRICE OF ONE MONTH OF SUBSCRIPTION THAT USES THE SOFTWARE (OR THE AMOUNT EQUIVALENT TO ONE MONTH OF SUBSCRIPTION IF THE SUBSCRIPTION IS NOT MONTHLY BASED). THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.

SOME STATES, COUNTRIES OR JURISDICTIONS LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AS OR TO THE EXTENT SET FORTH ABOVE, OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED. IN SUCH STATES, COUNTRIES OR JURISDICTIONS, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE MAY NOT APPLY TO YOU. HOWEVER, ALTHOUGH THEY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION.

12 CHANGES IN TERMS AND CONDITIONS

Choriotis reserves the right at its discretion to change, modify, add or remove the Terms and Conditions of this Agreement at any time and post the changes on the website. Continued use of the program following the posting and such notification of any change to these Terms and Conditions shall constitute acceptance by you of the Terms and Conditions as modified. Choriotis reserves the right to change, modify, suspend or discontinue any or all parts of the program or the material available at any time and reserves the right to restrict your access to parts or all of the Service without notice or liability.

13 TERMINATION

Choriotis reserves the right, at its sole discretion, to terminate this Agreement upon written notice if Licensee has breached the terms and conditions hereof. Licensee may terminate this Agreement at any time by ceasing to use the Licensed Software. Sections 3, 4, 5, 6, 9, 10, 11, 13 and 15 survive any termination of this Agreement and apply fully to any termination. Unless terminated as provided herein by either party, this Agreement shall remain in effect.

14 THIRD PARTY PRODUCTS

This Software uses third-party software components from several sources. Portions of these software components may be copyrighted and licensed by their respective owners. Choriotis thanks any company, developer or maintainer who made available some or part of their software. The source code of any components that may require distribution of source code is included within this software package.
Some software libraries and other third party software included in the Software is free software whose license is governed by the terms of the GNU Lesser General Public License (GNU LGPL), the Berkeley Software Distribution License (BSD), or other licenses. Details are as follows:
(a) Qt library
Qt software is distributed within this package as LGPL license. Please visit Qt website for additional details. http://doc.qt.io/qt-4.8/lgpl.html
(b) Qt Examples; BSD license
Copyright (C) 2016 The Qt Company Ltd. Contact: https://www.qt.io/licensing/
(c) STLplus library
The Software uses in part ntree templates/containers provided by the STLplus library. The library is distributed under BSD: https://opensource.org/licenses/bsd-license.php You may read more here: http://stlplus.sourceforge.net/.
(d) PieChartWithQWT library
LICENSE: LGPL. You should have received a copy of the GNU Lesser General Public license. Please visit: http://www.gnu.org/licenses/old-licenses/lgpl-2.1.en.html Project reference: https://github.com/angelosalatino/PieChartWithQWT
(e) libvcard notice
Copyright (c) 2010, Emanuele Bertoldi (Card Tech srl) All rights reserved.
(f) Qwt library
The program is based in part on the work of the Qwt project (http://qwt.sf.net).
(g) libhunspell
Hunspell library is used for spell checking and is provided with LGPL license.
(h) libxlsxwriter
Libxlsxwriter is released under a FreeBSD license
15 Other Guidelines

Applicable Law and Jurisdiction. This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of France. Licensee agrees not to commence or prosecute any action in connection therewith other than in the city and courts of Paris, France, and licensee hereby consents to, and waives all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the city and courts of Paris, France.
Limitation of Actions. No action, regardless of form, may be brought by either party more than twelve (12) months after the cause of action has arisen. No such claim may be brought unless Choriotis has first been given commercially reasonable notice, a full written explanation of all pertinent details (including copies of all materials), and a good faith opportunity to resolve the matter.

Invalidity and Waiver. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Agreement, unless waived in writing, will not constitute a waiver of that party’s right to enforce each and every term and condition of this Agreement.

LICENSEE ACKNOWLEDGES THAT HE OR SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND CHORIOTIS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT