SINGLE USER LICENSE AGREEMENT
Updated on 5th October 2011
Demo, Lite & Pro Versions
Please read this license agreement carefully (“The License”) before using the Klynt software (“Klynt”). By using Klynt, you agree to be bound by the terms of this License.
Honkytonk Films SAS (“the editor”) developed Klynt for its own needs for the production of documentary programs and interactive documentaries. Considering its potential, the Company then adapted the application so that third parties could use it for their own productions. In this context, the editor grants you, but in no circumstance sells to you, a License over Klynt, its components and the documentation accompanying it, whether it be on a hard disk, a server or any other medium, under the understanding that it is only to be used under the terms of this agreement. The editor reserves all rights which are not expressly conferred to you. The License granted hereby does not include any patent or intellectual property right. You own the medium on which Klynt is installed, but the editor and/ or its licensors remain the owners of Klynt. The rights granted by the terms of this License apply to all updates to Klynt that are designed to replace and/or complete its original version, unless these updates involve a separate license.
Definitions of the components of the Klynt software suite:
The “Application”: the software for editing and publishing the interactive and multimedia Program that is installed locally on the user’s computer.
The “Interactive Program”: the work carried out by the Application which is intended to be published for either a public or private consultation and is accessible via a web browser. The Interactive Program consists of a selection of multimedia content (animated images, static images, audio items, text, static or animated elements, hypertext links, and contents imported from the internet) and an original navigation structure to access these contents. The Interactive Program is read by a Player that comes with the Application.
The “Player”: the reader of the Interactive Program which is made accessible through a web browser. It is supplied with the Application and can be opened directly from the Application to preview the results at any time before publication. It consists of navigational features (menu, play-pause button, links) and its own graphic and ergonomic interface.
Permitted License uses and restrictions
A. The present License allows you to install and use only one copy of the Application on only one computer at a time and only for a single named account user supplied in advance. The present License does not allow the functioning of the Application either on more than one computer, or on a network where it could be used by several computers. You can only make a single copy of the Application for the sole purpose of backup, on the condition that this backup copy shows all relevant information about the copyrights and other property rights shown in the original.
B. The present License does not allow you to:
- copy, print, transfer, forward or publish all or a part of the Application;
- sell, lease out, sublicense, or distribute the Application in any way;
- modify the Application’s software or that of the Player and/ or merge all or any part of their software into other computer programs;
- compile, decompile, disassemble, translate or analyze the Application’s software or the Player, or undertake or attempt to undertake a reverse engineering, except to the extent permitted by law.
It is expressly agreed that you must not correct by yourself any abnormality of the Application whatsoever, the editor alone retaining this right.
C. Certain components of the Application, the Player and open source software designed by third parties accompanying them have been made or may be made accessible to the editor on its website ‘http://www.klynt.net/’ under the collective title “open-source components” or equivalent. You cannot modify or replace these components unless: (i) the resulting modified Application can be used on only one computer, and (ii) you comply with the terms of this Licence and any other clause relating to the use of these components. The editor is under no obligation to provide maintenance, technical or any other kind of assistance to the resulting modified Application or Player.
D. As provided by the License, the terms of the applicable licenses concerning the use of the open source components and applicable legal provisions, you must not copy, decompile, undertake reverse engineering, disassemble, modify nor create products derived from the Application or any part thereof.
Publication of contents from the Application
The Application permits the editing of text, photos, sounds, static and animated images and other contents. At any time, you are able to decide to export your interactive program to back it up and/ or to put it online and make it accessible to the public using the Player that comes with the Application through a diffusion server of your choice or to simply put it on a hard disk.
You are the only one responsible for the contents published from the Application. You, however, hereby undertake not to publish any contents edited with Klynt that may be against the law, notably those relative to the protection of certain people or minors.
IMPORTANT POINT: It is your responsibility to ensure that you have permissions and sufficient usage rights for all contents edited and published with the Application. If in doubt, we recommend that you contact your legal advisor.
A. If you wish to adapt the functions of the Application or of the Player to your needs, to personalize the Player’s graphic and ergonomic features, or to ask the editor for any other services, including the choice of a diffusion server and the putting on line of your interactive program, these services will lead to the establishment of special specifications and a separate agreement, it being understood that the latter will not affect the conditions of the present License, unless otherwise stated.
B. On your request and subject to the editor’s personnel availability, you can also benefit from technical support or from customized training sessions on the telephone, or on your or the editor’s premises. These services, including travel expenses, will be billed at the rates in force on the date thereof.
Transfer of rights
You cannot rent out, lease, lend or sublicense the Application, with the exception of the interactive programs you have designed through the use of the Application and associated Player which you may resell and copy freely without any specific obligation vis-à-vis the editor, including after the expiry of this License.
However, you can proceed with a single and permanent transfer of all your rights to the Application to another third party, provided: a) this transfer involves the entirety of the Application, including all of its components, original data, printed documents and the License; b) you do not retain any copy of the Application, in whole or in part, including any copy stored on a computer or any other storage device; and (c) the receiving party reviews and agrees to accept the terms and conditions of this License. All of the components of the Application will be delivered as part of a single package and cannot be in any way separated or redistributed as individual Applications.
If an update to the Application and/ or to the Player completely replaces (full installation) a previous version of Klynt for which a License was previously granted, you will not be allowed to use both versions of the Application at the same time. While the editor retains the right to continue all versions prior to the update, you will remain responsible for backing up the version of Klynt installed on your computer.
These updates may be governed by a new license agreement (also called “general conditions of use”) that may completely or partly amend this agreement. Should this be the case, this update will be irreversible and it will be your responsibility to review and accept the changes to the license agreement, if any, before installing the update.
Specific terms for the Demo version
Notwithstanding the content in other sections of this License, it is possible that you will initially be provided with a free demonstration version of Klynt. Should this be the case, the Application and the Player associated with that demo version must only be used for demonstration, testing and evaluation and cannot be resold, published or transferred under any circumstances.
Use of the demo version is restricted to 14 days per user and only on one computer, as of the date of installation of Klynt. It is not renewable and may be terminated or prolonged by the editor at any time and without notice for technical or commercial reasons.
NOTE: The title and the intellectual property rights associated with the contents shown on or made accessible through the demo version remain the property of their holder. Their publication is not permitted.
Specific terms for the Lite version and the Pro version
A. The licensing of a Lite or Pro version will give you access to a one time activation key for your personal use. This key will allow you to activate the specific functions for each version during a period determined by the date of the License. Unless otherwise stipulated by the editor, the duration of use of the Lite and Pro versions is not limited.
B. Your rights as a result of this License will be withdrawn automatically without notification by the editor if you do not comply with any one of the terms of its provisions. In such case, you will have to stop any use of the Application and destroy all copies, whether, complete or partial, of the Application.
Reserved version for academic use
If you have acquired the Application at a preferential rate for use in an academic environment, you must meet the final educational user profile to use the Application. This designated group includes students, universities, staff and members of the personnel of an establishment or institution in which education is provided (a university campus, a public or private school, for example). In this case, the use of the Application is strictly limited to projects related to the educational organization, which remains responsible for compliance with the License’s general conditions of use.
YOU ACKNOWLEDGE AND AGREE EXPRESSLY THAT THE USE OF KLYNT IS AT YOUR OWN RISKS AND PERILS AND THAT THE ENTIRE RISKS AS TO QUALITY, PERFORMANCE, ACCURACY AND CORRECT OPERATION LIES WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND THE PLAYER AND ANY SERVICES RENDERED BY THEM ARE PROVIDED “AS IS” WITH ALL DEFECTS AND WITHOUT ANY GUARANTEE OF ANY KIND. THE EDITOR AND THE EDITOR’S LICENSORS (REPRESENTED COLLECTIVELY BY THE EXPRESSION “THE EDITOR”) EXCLUDE BY THE PRESENT LICENSE ALL WARRANTIES AND CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES AND/ OR IMPLICIT CONDITIONS OF MERCHANTABILTY, SATISFACTORY QUALITY, ADEQUACY FOR A PARTICULAR PURPOSE, ACCURACY, EASE OF USE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ALL AS TO THE EDITOR. THE EDITOR DOES NOT GIVE ANY WARRANTY AGAINST THE ABSENCE OF DISRUPTION DURING YOUR USE OF THE APPLICATION, OR TO THE EFFECT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR THE SERVICES PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE FUNCTIONING OF THE APPLICATION WILL BE UNINTERRUPTED OR EXEMPT FROM DEFAULTS, OR THAT ALL APPLICATION’S DEFAULTS WILL BE CORRECTED. NONE OF THE INFORMATION NOR ANY ADVICE, WHETHER COMMUNICATED ORALLY OR IN WRITTING BY THE EDITOR OR BY ONE OF ITS AUTHORIZED REPRESENTATIVES, MAY BE DEEMED AS A GUARANTEE.
SHOULD KLYNT PROVE DEFECTIVE, YOU WILL ASSUME THE ENTIRE COST OF ANY NECESSARY REVISION, REPAIR OR CORRECTION. CERTAIN COUNTRY LAWS ALLOWING NEITHER THE EXCLUSION OF IMPLIED WARANTIES NOR LIMITATIONS ON APPLICABLE CONSUMERS’ RIGHTS, IT IS POSSIBLE THAT THE EXCLUSION AND LIMITATIONS MENTIONED ABOVE MAY NOT APPLY TO YOU.
The Application lists and posts, leads to and provides online web services related to websites and information from around the world on the Internet on sites such as YouTube.com.
In the event of a search using Klynt, as the editor cannot exercise any control over these websites and information, no guarantee is offered with regards to them, especially with respect to, without limitation: (a) their accuracy, their availability, their order, their entirety, their validity, their content or their quality, or (b) in case of obtaining reprehensible or irrelevant results. In certain instances, the contents proposed on the Internet’s being aimed at an adult audience and possibly considered as reprehensible with respect to certain people or to minors, the results of a search or the access to a particular address using the Application can automatically and accidentally produce links or references to such information. By using the Application, you understand that the editor makes no declaration or warranty as to the sites or information displayed or to which access is given by the Application, nor as to any web service provided by the Application in connection with such sites or information. The editor and its representatives cannot in any case be held responsible, directly or indirectly, by you or any other person, for the results obtained by the Application or for any other inaccuracies, errors or omissions therein.
Limitation of liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO CASE WILL THE EDITOR BE LIABLE FOR BODILY INJURY OR ANY ACCIDENTAL INJURY, SPECIAL, INDIRECT OR INCIDENTAL, INCLUDING BUT NOT LIMITED TO, DAMAGE DUE TO A LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGE OR COMMERCIAL LOSS RELATING TO YOUR USE OR YOUR INABILITY TO USE THE APPLICATION, WHATEVER THE CAUSE, REGARDLESS OF LIABILITY RULES (WHETHER FOR BREACH OF CONTRACT, CIVIL LIABILITY, OR OTHERWISE) AND EVEN IF THE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DUE TO FACT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR PERSONAL INJURY, INDIRECT OR INCIDENTAL, IT IS POSSIBLE THAT THIS LIMITATION MAY NOT APPLIY TO YOU.
This License and its interpretation are solely governed by French law with the application of the United Nations Convention on Contracts for the International Sale of Goods being excluded. The parties expressly agree to bring any dispute concerning its interpretation and enforcement before the Paris Commercial Court, this court having exclusive jurisdiction.
If for any reason a provision of this License were found unenforceable, in whole or in part, its remaining provisions will remain fully applicable.
Entirety of Agreement
This License forms the entire agreement between the parties as to the use of Klynt – which is the purpose of this License - and replaces all proposals, prior or current, written or oral agreements, on its subject matter. No amendment or modification to this License will take effect unless set forth in writing and signed by a duly approved representative of the editor. Any translation of this License is done for local convenience. In the event of a disagreement between the French version and any other version, only the French version will apply.
Third parties references
Certain parts of Klynt use or include third party applications and references regarding copyrights. All acknowledgements, licensing terms and warranty disclaimers of such elements appear in Klynt’s electronic documentation with their use being governed by their respective terms.
For any information concerning this license agreement: firstname.lastname@example.org