End User License Agreement (Eula)
SWEALINK SOFT WEB ART LINK, SASU with a capital of €23,000, whose registered office is located at 23 rue d’Aguesseau, 92100 Boulogne-Billancourt, registered under the number 799323068 RCS Nanterre (“SWEALINK”) is the exclusive worldwide distributor of the software “Vox Protect” (“the Software”), an extension module (also called Plugin or Add-on) whose main object is the irreversible manipulation of recorded human voices, intended exclusively for sound and audiovisual professionals.
Vox Protect is intended for confirmed users acting in a professional capacity (“User” or “you”).
This End User License Agreement is between SWEALINK and the User.
The download, installation or use of the Software constitutes the User’s unreserved acceptance of the provisions of this Eula.
This contract may not be subscribed by a consumer, that means any natural person who acts for purposes not falling within the scope of his commercial, industrial, craft, liberal or agricultural activity.
The protective provisions of consumer law therefore do not apply.
Even if the User is a natural person acting as a consumer, HE EXPRESSLY WAIVES HIS RIGHT OF RETRACTION, in accordance with Article L. 221-28 of the French Consumer Code providing for this option for contracts “13) Of provision of digital content not provided on a material medium the performance of which has begun with the prior express consent of the consumer and express renunciation of his right of withdrawal.”
The installation or use of Vox Protect implies full and unconditional acceptance by the User of this End User License Agreement (“Eula”).
The User is informed and agrees that, to date (February 2022, refer to the information on the SWEALINK website to date):
1 – Purpose of the Eula
Through this Eula, SWEALINK hereby grants the User the non-exclusive and non-transferable personal right of use of the Software, for the territories of the world, under the following terms and conditions.
The User shall not grant any sub-license of the Software, free of charge or for a fee, by transfer or provision of any kind.
2 – Definitions
In this Eula, the following terms will have the following definition:
User: individual or legal entity party to this Eula and using the Software;
Software: Vox Protect, an extension module compatible with Third Party Applications;
Third-Party Applications: software and IT sound processing utilities with which Vox Protect is compatible;
Use: opening the Software and processing a sound file;
3 – Term
The duration of this Eula is chosen by the User among the proposals of SWEALINK.
4 – Access to the Software
To access the Software, the User must:
- Go to the SWEALINK website or its partners allowing the download of the Software;
- Create a user account and fill in his business details;
- Choose the type of license you want: free trial 48H, monthly or annual subscription, perpetual license, etc.
- Hold or purchase the PACE Ilok Activation USB Key at www.ilok.com where account creation is mandatory to use the USB key.
- Accept this Eula;
- Pay the price of the chosen license;
- Download the Software and install it on one or more workstations
The Software can therefore be installed on several machines, but used by only one User at a time, on a workstation connected to the Internet on which the USB key is plugged.
The same applies to any updates, to which the User will have access, as soon as they are made available by SWEALINK on its website.
5 – Use of the Software, limits
The User chooses whether or not to use the Software under his sole responsibility, without the assistance of SWEALINK in particular in this choice. In particular, the latter makes no commitment as to the suitability of the Software with the specific goals and needs of the User.
The User shall benefit from updates (“update”) and new versions (“upgrade”) of the Software for monthly or annual subscription licenses only. In the case of a perpetual license, only updates are included in the purchased license.
It is the responsibility of the User to ensure that its personnel have acquired the necessary training for the proper use of the Software.
The installation of the Software is carried out by the User under his own responsibility, in accordance with the instructions related to the machines and workstations used and in accordance with the functionalities of the Third Party Applications.
The User is authorized to install the Software on any workstation and machine of his choice.
The User is expressly authorised to use the Software to perform treatments and services for himself and his clients, for their public or private use, by all modes and processes worldwide without any time limit.
The User shall not sell, rent, translate, adapt, modify, decompile, disassemble, reverse engineer, create derivative software, sublicense, lend or distribute the Software.
The User shall not rewwwuce or distribute the content of the license keys.
It shall also refrain from assigning its rights and obligations arising from this Eula.
Without prejudice to any other rights, in the event of non-compliance with its obligations hereunder by the User, SWEALINK may terminate this Eula, without the User being entitled to compensation or reimbursement.
6 – Intellectual Property
This license does not grant the User any intellectual property rights in the Software, which remains the entire and exclusive property of its creators, publishers and/or assigns.
The User undertakes to comply with the proprietary notices appearing on the Software, media or documentation.
SWEALINK expressly reserves the exclusive right to intervene on the Software in order to allow it to be used in accordance with its purpose and in particular to correct errors and make updates.
The User is therefore formally forbidden to intervene or to involve a third party on the Software.
On the other hand, the User undertakes to notify SWEALINK of any errors or malfunctions in the use of the Software.
The choice to correct these errors or malfunctions is the sole responsibility of SWEALINK which, in any event, retains ownership of any corrections, without the User being able to claim any intellectual property rights over these corrections and improvements.
7 – Warranty
SWEALINK warrants that it is the owner of the intellectual property rights enabling it to enter into this Eula and that this Eula is not liable to infringe the rights of third parties. It also guarantees that the Software is entirely original and does not constitute, in whole or in part, any infringement or unfair competition.
The User is required to use the Software in accordance with applicable laws and regulations in the country where the Software is used.
As voice is a personal data protected by laws and regulations, in particular the European Regulation No 2016/679, known as the General Data Protection Regulation (GDPR), the User assumes sole responsibility for its compliance with the applicable rules.
The User guarantees SWEALINK and the creators and/or successors of the Software against any recourse of any natural or legal person, private or state, having as origin the use of the Software by the User.
8 – Liability
The Software is provided “as is” and “as available” to date.
The User declares that he is a qualified professional and expressly acknowledges having received from SWEALINK all the necessary information enabling him to assess the suitability of the Software to his needs and to take all the necessary precautions for its implementation and exploitation.
The User uses the Software and the results obtained by its implementation under its sole responsibility, without possible recourse against SWEALINK or the beneficiaries of the Software. In particular, the liability of SWEALINK and/or the creators, publishers and assigns, cannot be incurred due to errors, whatever the cause, in the results obtained, which it is up to the User to verify.
SWEALINK and/or the creators, publishers and assigns of the Software shall not be held liable for the accidental destruction of the User’s data, to which it belongs to safeguard them.
In any event, the liability of SWEALINK and/or the creators, publishers and assigns is limited to the compensation of direct damages to the exclusion of indirect damages such as commercial damage, loss of customer or business, loss of a chance, loss of profit, financial costs, damage to the brand image being specified as the total amount of compensation or compensation possibly due to the User by SWEALINK and/or the creators, publishers and assigns of the Software is limited to the price paid by the User for this license. The User waives, for the remainder and within the limits provided by law, any recourse against SWEALINK and/or the creators, publishers and assigns, for any reason whatsoever, related to the Use of the Software.
9 – Confidentiality
Each of the parties to this Eula shall reciprocally refrain from communicating to any person, directly or indirectly, all or part of information of any kind, commercial, industrial, technical, financial, nominative, etc., that would have been communicated to it by the other party, or known to it in connection with the performance of this Eula.
Each Party acknowledges that any disclosure would be injurious to the interests of the other Party and would incur liability.
This reciprocal commitment will continue for 5 years after the normal expiry of this Agreement until such time as the confidential information and data have entered the public domain.
10 – Reciprocal Reference
Each of the parties authorises the other to use its name and quality as a customer or supplier reference, in its advertising communication, orally, in writing or by any other means, in particular upon request of potential customers. This stipulation can be cancelled for the future at any time unilaterally by simple e-mail.
11 – Termination of the License
In the event of termination of this license for any reason, the User will immediately delete any copy of the Software in its possession, including any copy installed on a machine or workstation.
It is strictly forbidden to make or keep copies, in whole or in part.
12 – Applicable law – Language of the contract
By express agreement between the parties, this contract is subject to French law, to the exclusion of any other legislation.
It is originally written in French as “Contrat de Licence d’Utilisateur Final, Cluf”. The present Eula is a faithful translation into English language but only the French text shall prevail in the event of a dispute.
ANY DISPUTE RELATING TO THE CONCLUSION, INTERPRETATION, EXECUTION OR TERMINATION OF THIS CONTRACT SHALL BE SUBMITTED EXCLUSIVELY TO THE COMPETENT COURT OF NANTERRE (FRANCE), INCLUDING FOR SUMMARY PROCEDURE, NOTWITHSTANDING ANY APPEAL OR PLURALITY OF DEFENDANTS.