Terms and conditions for use of the software. Read carefully
Software : The word "Software" means the full software package containing the application, the documentation, data, the interpretation, the username and the password, the application, documentations, all the files and data, graphics, pictures, patterns, symbols, icons, texts, interpretations, source codes, scripts and pieces of scripts, internet addresses, connection and session, server ports.
Microcomputer: An internet terminal with a compatible web browser (PC, Mac, Iphone, Ipad, netbook, etc.).
Login system: A username and a password are necessary for you to be connected to the software.
User account: All the data you will need to use the software, including the permission to access the software and personal data of the user.
You can use the Software only on the condition that you accept all the terms contained in this license agreement.
On this condition, AstroQuick, a French public company, (ASTROQUICK SARL 10 Parc Club du Millénaire - 1025 avenue Henri Becquerel - 34000 Montpellier - France) grants you the right to use the Software.
If you do not agree with these terms and conditions, you should not order or use the software.You can then ask for a full refund.
Using the software will therefore mean you accept full terms and conditions of the agreement.
III. OWNERSHIP AND LICENSE
The software and its documentation are exclusively owned by ASTROQUICK. This ownership is protected by both French laws and international treaties.
By purchasing this product, you also acquire the right of personal use but you will never own the software.
Besides you have no right over brands, commercial titles or any other distinctive signs, patterns, patents from ASTROQUICK or any of its licensors.
It's totally forbidden to rent or lend this software, or to even sell the license to someone else.
ASTROQUICK grants you, according to the agreement, to use the software for yourself in the terms and conditions of the agreement by precising that the right of use is exclusively granted to you.
IV. SOFTWARE RIGHTS OF USE
You are the only one who is granted the right to use this software on several computers, on the only condition that the software is used on one computer at a time.
A simultaneous use of the software on more than one computer is forbidden, ASTROQUICK will therefore have the right to automatically disconnect and delete your account as soon as it detects simultaneous opened sessions, especially coming from several IP addresses or web browsers.
A. CONFIDENTIALITY OF YOUR LOGIN
You must always keep your login and password confidential.
Consequently you aknowledge you are the only one responsible for anything happening to your ASTROQUICK account.
If you use the software from a public computer (office, cybercafé, cell phone, etc.) you need to make sure you don't activate the auto memory preset of your login.
In case you accidentally lose or give your login, you aknowledge you will automatically change your password in the software ("License and account").
In case someone else uses your account, ASTROQUICK is allowed to disconnect and automatically delete the user account and also to cancel your license with no refund.
In case someone tries to hack your account and to steal the software components, methods, techniques, scripts...ASTROQUICK will automatically cancel the license and delete the account (with no refund) and will even sue you in case it costs to fix any issues with the software and servors.
B. OBLIGATION AND COMMITMENT :
You commit yourself to communicate any change of postal or email address to ASTROQUICK in 10 days, either by email or by updating your online profile: http://www.astro-quick.com/online-shop-customer-area.php.
In case of a wrong address and if you don't answer its emails, ASTROQUICK is allowed to cancel your account and license with no refund.
You will NEVER :
1 - Share or rent the right to use the Software,
2 - Copy, distribute, give, publish, partially or completely, the Software files or serial number,
3 - Use or install the Software on a network server computer (intranet or internet),
4 - create an internet link to a web page, a picture or any element or component of the website to the software.
5 - Modify, translate, reverse-engineer, decompile, disassemble, partially or completely, the Software, except as otherwise mentioned by the legislative measures in force,
6 - delete the copyright-protection software, brand, commercial name, copyright or symbols of the software or documents created with this software,
7 - Distribute or publish documents made with the Software except graphics or paper printed interpretations under the condition of commercial use defined below,
C. RIGHTS OVER DOCUMENTS AND WORKS PRODUCED BY THE SOFTWARE
The rights of use of the documents and works produced by the software varies according to the designation written on your purchase invoice.
Personal Use: means that the use of the software and its documents/works is strictly personal and can't be sold, published or distributed.
Professional use: means the Software production (graphics or texts) can be use for business purpose, only on the following conditions :
- Do not remove or alter any proprietary notice, labels or trademarks which appear on or in the Software products,
- Do not use ou share the use of the Software products on or via a network,
- Do not sell, publish or distribute Sotware interpretation products by other media that paper printed documents, like computer media, network, email or any other kind of media.
It doesn't matter if you use the software personally or professionally, ASTROQUICK will send you a right of reproduction of the sky charts only if you send a written document explaining the nature of your publishing project (of course this right is subject to intellectual property rights whose terms are defined by ASTROQUICK.
ASTROQUICK has the right to keep people from copying its software, especially the sky charts, on any illegal publication with no moral values.
D. USE LIMITATION
You acknowledge and accept the fact that the software is counting how often it is used and that the right to use it is granted under certain technical restrictions like the server or the data transmission frequence.
Even though ASTROQUICK has set no restrictions, ASTROQUICK may choose anytime to set such limitations, especially concerning the number of requests as far as graphics and astrological interpretations.
In case the use of the spftware goes beyond those restrictions, ASTROQUICK will be allowed to cancel your license and you will get a partial refund (proportionally to what you haven't used yet as far as your registration).
Commercial limit of the PRO version only : the number of laid out reports is limited to a total of 600 units a year, regardless of the interpretation modules used.
This limit does not apply to reports "AstroBasic" or to "PDF Report" reports, nor to textual interpretations ("Publication" menu of non-formatted interpretations).
If your total consumption of laid out reports (RTF and HTML formats) were to exceed this limit, all of these reports will no longer be available until the end of your annual license, or until the anniversary date of your license two years or more.
ASTROQUICK may publish or sell updates or new versions of the software. If such thing happens (but it's not set in stone), ASTROQUICK will grant you the right to use those updates for free during for the duration of your registration.
VI. INTELLECTUAL PROPERTY :
The Software is the intellectual property of ASTROQUICK and/or its suppliers and is protected by the French copyright law, international treaty provisions, and applicable laws of the country in which it is being used.
Trademarks, logos and tradenames quoted in the Software are the property of their respective owners.
Any reproduction whether whole or partial of the Software is only granted on the absolute condition that it contains all the legal specifications of the Software property.
If you decide to use a personal license as a professional purpose, even for free, and to edit documents created by the software with no written agreement or legal mentions, ASTROQUICK will be allowed to cancel your license with no refund.
VII. WARRANTY & RESPONSIBILITY :
ASTROQUICK warrants the functioning of the software, in accordance with the user's manual, for standard (and free) internet browsers such as Firefox or Safari. Non standard browsers such as Microsoft or Internet Explorer are excluded.
Even though ASTROQUICK is always trying to give the best continuous service with the best conditions of availability of the software, you acknowledge that the software may not always be operational and accessible everytime.
ASTROQUICK is only selling you the software and you acknowledge that ASTROQUICK isn't responsible for problems with the network (interconnection of several computer systems) that may interfere with the service and performances of the software.
You acknowledge that the use of the ASTROQUICK software is at your own risk.
The software is provided "as is", without warranty of any kind, either express or implied, including but not limited to the warranties of performance, merchantability, fitness for any particular purpose, and non-infringement to third party rights.
More specifically, ASTROQUICK does not warrant that the functions included in the software will meet your requirements or that the operation will be uninterrupted or error free.
You are entirely responsible for the use of the software and the results you will get.
This warranty won't keep you from any other legal warranty as long as this one is applicable.
VIII. LIMITED WARRANTY & LIABILITY:
Neither ASTROQUICK nor anyone else who has been involved in the design, production, or distribution of the software will be liable for any incidental, consequential, direct or indirect damages caused to licensee, any user or third party, including but not limited, to the loss of profits, loss of data or any other financial loss arising from the use of the program or inability to use it even if ASTROQUICK has been notified of the possibility of such damages.
In any case, ASTROQUICK's liability shall not exceed the amount of money in application of this license of agreement. The foregoing does not affect or prejudice your statutory rights.
IX. TERM & TERMINATION :
This license is effective until terminated.
You may terminate a License at any time without cause upon written notice. If you stop using the software for whatever reason, the money collected for each license will remain ASTROQUICK's.
If You fails to comply with any provision of this agreement, this license and your right to use the Software automatically terminate.
This termination does not prevent ASTROQUICK from claiming any further damages.
Except deletion request from you, your User Account is kept at least 2 years after the license expires.
Within 24 months after the expiration of your license, you can get free access to the Software and your Account, on request by email (time limited to 24 hours and a request by quarter).
PRICES AND FAITHFULNESS
If you renew your subscription at least 30 days before expiration, you will get a free month subscription every subscription year (within the limits of 6 free months).
By renewing your subscription at least 30 days before expiration, you will keep getting the best of your current version. If prices increase, the cost of your subscription won't change and if prices decrease, the cost of your subscription will reduce as well (except during discount periods)
In case you decide to change your version for another version of the software less than 29 days before expiration, no fidelity rebates will be postponed. The free subscription will last 30 days and won't be used for a refund.
Licenses are contracted to their nominal duration and are not refundable or transferable to another duration or lower version, they are redeemable only to an upper version.
In case of lower fares or punctual discount, no claims will be admissible.
X. RIGHT OF ACCESS AND PERSONAL DATA :
Both parties agree that the emails they exchange will be the equivalent of a written proof.
You acknowledge that the software saves personal data that are securized and strictly confidential while you are subscribed to it. ASTROQUICK will have the right to use data (flux meter, chronometric meters, system alerts, log files, cache memory files and errors files) connected to the use of the software.
Unless you need a technical assistance, ASTROQUICK will NEVER access your personal data: your birth data and eventual astrological interpretation files.
ASTROQUICK will not be held responsible for the loss of your data on the server of the software, it's your own responsibility to save your data regularly.
XI. CASE OF ASSOLUTE NECESSITY:
ASTROQUICK will not be held responsible for the delays or errors in the execution of any obligations that would be due to a case of absolute necessity such as legal suspension, social movements, picket lines, network failure, financial recovery or compulsory liquidation of subcontractors.
XII. LAW AND COMPETENT COURTS :
This agreement will be governed by the laws in force in the country or state where ASTROQUICK or the local ASTROQUICK subsidiary or distributor is located.
Any dispute, controversy or claim arising out of or related to this agreement shall be settled by adjudication before the competent courts of the country or state where you have obtained this Software.
In France it shall be in Tribunal de Commerce de Montpellier.
If for whatever reason one or all of the above dispositions were cancelled, other dispositions will still keep their meaning and value.