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PYCO-Software-EULA

PLEASE READ CAREFULLY BEFORE PROCESSING A PURCHASE OR DOWNLOAD AS THIS DOCUMENT ALTER YOUR LEGAL RIGHTS:

This End-User License Agreement ("EULA") is a legal agreement between (a) you, the user, either an individual or a single entity and (b) PYCO("us", "we", "our") the provider, that will dictate your use of the software provided.

If you purchase, download and, or use any of the software belonging to PYCO which mentions being subject to this EULA, you automatically accept and agree to be bound by ALL the terms of the bottom agreement.

1. Definitions

a. Software a computer program or set of instructions that controls the operation of a computer or similar electronic device, including in the form of:

  • object code (machine-readable)
  • source code (human-readable).

Where "set of instructions" would correspond, but not be limited to files, folders, images, documents.

b. Non-Commercial means activities undertaken by individuals or entities on the condition, upon receipt of the software, that such software shall not be used in connection with any bid for a commercial contract, development of a commercial product, or any other activity that is expected, or has the potential, to be profitmaking.

c. PYCO is the French society registered under SIRET 897 544 839 00011 and represented by Liam Collod.

d. personal machine represents the computer hardware the software is being run on, which is being used by a single user.

e. "you" or "the user" designate the person or the entity acquiring and using the software. In the event that the user designates an entity then:

(i) the rights granted under this Agreement are granted to that entity and its members;

(ii) you represent and warrant that the individual completing and accepting this Agreement is an authorized representative of the entity and has the authority to legally bind you to the Agreement;

(iii) to the extent that one or more of your members are granted any rights in the software, you will ensure that those members comply with this Agreement and you will be responsible and liable for any breach of this Agreement by any member of your entity.

2. License Grant

PYCO hereby grants You a worldwide, non-sublicensable, non-exclusive, irrevocable license to download and use the software provided by PYCO under the conditions determined by the following license models which have been adopted during the purchase or selection of the software. PYCO is responsible for proposing a clear choice if any, or a clear statement of the License Models (3.) available for the software.

The License become effective from the exact time a software licensed under this EULA is downloaded or bought and bounds you to strictly respect the term defined by the License.

3. License Models

a. Personal

This license grants the utilisation of the software on multiple personal machines as long they all are uniquely used by the user, for Non-Commercial purposes only.

The user may not (a) share (b) distribute any of the content of the software, whether it has been modified or not, without an explicit agreement from PYCO.

The user may modify and adapt the content of the software for himself as long as the above rules are respected.

b. Personal Creative Commons

Licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-sa/4.0/ or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA.

This license grants the utilisation of the software under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • NonCommercial — You may not use the material for commercial purposes.

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

c. Freelance

This license grants the utilisation of the software on multiple personal machines (1.d.) to a single individual, "the user", for Commercial purposes.

The user may not (a) share (b) distribute any of the content of the software, whether it has been modified or not, without an explicit agreement from PYCO.

The user may modify and adapt the content of the software for himself as long as the above rules are respected.

d. Indie

This license grants the utilisation of the software to an entity, "the user", whose gross revenues are strictly inferior to €250,000 a year.

The user may not (a) share (b) distribute any of the content of the software, whether it has been modified or not, to members external to the entity without an explicit agreement from PYCO.

e. Studio

This license grants the utilisation of the software to an entity, "the user", whose gross revenues are superior to or equal to €250,000 a year.

The user may not (a) share (b) distribute any of the content of the software, whether it has been modified or not, to members external to the entity without an explicit agreement from PYCO.

4. Additional Restrictions

Unless authorized in written-form statement by PYCO and, or stated otherwise in the software License Model (3.), you are NOT authorized to:

a. Sell the content produced by PYCO in any way.

b. Misrepresent yourself as the creator of the content.

c. Make the software available to others.

5. Update and support

PYCO is not constrained to any obligation of:

a. Providing technical support to the user unless the License Model (3.) explicitly state otherwise.

b. Updating and maintaining the software.

6. Term and Termination

This Agreement is effective unless terminated. PYCO may terminate this agreement without notice if any term of this agreement is broken or if PYCO estimate the software was not acquired through a PYCO distribution platform.

Upon any termination, you must consent to destroy any software belonging to PYCO in your possession, including potential copies, modified or similar to the original.

7. Limitation of Liability

The software is provided to the user without any warranty of any kind. You agree to download and use the software at your own risk and YOU AGREE TO, AND HEREBY DO:

(i) WAIVE ANY CLAIMS THAT YOU MAY HAVE AGAINST Liam Collod OR PYCO ARISING FROM OR RELATING TO ANY PRODUCTS OR PROFESSIONAL SERVICES, AND

(ii) RELEASE THE RELEASEES FROM ANY LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY ARISING FROM OR RELATING TO YOUR USE OF ANY SOFTWARE OR PROFESSIONAL SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF THE RELEASEES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE.

(b) NEITHER Liam Collod NOR PYCO WILL BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE: (I) LOSS OF INTEREST, PROFIT, BUSINESS, CUSTOMERS OR REVENUE; (II) BUSINESS INTERRUPTIONS; (III) COST OF REPLACEMENT PRODUCTS OR SERVICES; OR (IV) LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL.

(c) NEITHER Liam Collod NOR PYCO WILL BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR EXPENSES.

You understand and waive any claims related to the provided software might not be fully functional and might generate errors or loss of data. In such case you have the ability to contact PYCO, but which is not entitled in any form to answer or take into consideration the provided information.

This Agreement describes certain legal rights. You may have other rights under the laws of your country. This Agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

9. Modification

PYCO reserves all right to modify this EULA without any notice. In the case a software was acquired under an older revision of this EULA, the new EULA revision will start to apply only at the instant it is made public. In case of litigation, the user has to keep the original EULA revision included with the acquired software.

Contact

For any question or concern about this agreement please reach out to :

Liam Collod: pyco.liam.business@gmail.com