1. Purpose

This license agreement constitutes a contract between the corporate user ("User") and OSE.

This agreement defines the rights and conditions of use for the ProlynkSuite Advanced and/or ProlynkSuite Machine software, hereinafter individually or collectively referred to as "ProlynkSuite" or "Software".

The conditions mentioned below, as well as any additional conditions communicated to the User by OSE, are important and together form the present contract applicable to the User. These terms also apply to any services and updates for this software, unless accompanied by other terms.

By using the software, the User accepts all the terms of this agreement and consents to the transmission of certain information during the activation and use of the software. If the User does not accept the terms of this agreement and refuses to comply with them, they are not authorized to use the software or its features.

  1. Installation

The installation of ProlynkSuite Advanced software is carried out by the User at their own risk.

The installation of ProlynkSuite Machine software is performed by OSE.

  1. Conditions of Use

A project executed in ProlynkSuite Machine must originate from ProlynkSuite Advanced. It is prohibited for the User or any third party to develop software intended to execute ProlynkSuite Machine.

This license is granted to the User under the following conditions:

  • Worldwide, paid, and non-exclusive license;
  • The license may only be used on one computer at a time;
  • The User has the right to transfer the software license within the same company or group, provided that the transfer is limited to the national level and does not extend to another country other than the one in which the license was granted; 

Online Services in the Software: Certain features of the software utilize online services to provide the User with information on software updates or extensions, or to enable them to retrieve content, collaborate with others, or enhance the development experience. Throughout this agreement, the term "software" includes these online service features.

  1. Duration

The validity period of the license is specified in the user interface.

The license will be activated once payment is made by the User.

Trial License: The trial license is valid for the duration mentioned in the user interface or in the commercial offer from OSE or its distributor. Upon the expiration of the trial period, the new license will become active upon full payment by the User.

  1. Training

It is the User's responsibility to ensure that their staff has received the necessary training to effectively use the Software.

  1. Adaptations / Extensions

The User is prohibited from translating, adapting, modifying, exporting, or merging the Software with other software.

The User is not allowed to develop or enable third parties to develop extensions for the Software.

  1. Reproduction

The User strictly prohibits any permanent or temporary reproduction of the Software, in whole or in part, by any means and in any form, including during loading, displaying, executing, transmitting, or storing the Software.

The User is prohibited from reverse-engineering, decompiling, or disassembling the logic of the software, or attempting in any other way to derive the source code of the software unless and only if the terms of a third-party license agreement governing the use of any open-source components included in the software allow it.

  1. Backup Copy

The User is not authorized to create a backup copy of the Software. OSE undertakes to provide the Software installer promptly in the event of reported failure.

  1. Support / Warranty

OSE provides comprehensive technical support in case of software bugs. We are committed to assisting our customers and resolving any technical issues encountered with our software.

Software Updates: No automatic updates are performed. However, OSE may propose updates. The installation of these updates is at the discretion of the customer.

In the event of non-installation of updates by the User, OSE reserves the right to no longer maintain the necessary support for non-maintained software versions.

Error Correction: OSE expressly reserves the exclusive right to intervene in the Software to ensure its proper use and, in particular, to correct errors.

Data Collection: The Software may collect information about the User and how they use it, and transmit it to OSE. OSE may use this information to provide services and improve its products and services.

As part of the warranty, OSE will be responsible for correcting errors or replacing defective Software, excluding any other direct or indirect damages, including those related to the unavailability of the Software, regardless of the duration.

As the Software is a standard software designed to meet the needs of a wide range of users, OSE cannot guarantee its adaptation to the specific needs of the User.

Antivirus Warranty: OSE guarantees that the Software is free from any viruses at the time of delivery.

OSE is committed to making every effort to promptly remedy any reported anomalies during the warranty period.

  1. Assignment

The User is prohibited from assigning, for any reason and in any form, either for a fee or free of charge, the license or any of their rights and obligations to a third party.

  1. Intellectual Property

This license does not grant the User any intellectual property rights to the Software, which remains the sole and exclusive property of OSE.

The User undertakes to respect the proprietary notices on the Software, media, or documentation.

Additionally, the User may not:

  • Circumvent technical restrictions in the software.
  • Remove, reduce, block, or modify any legal notices from OSE or its suppliers in the software.
  • Use the software in contravention of the law.
  • Share, publish, rent, or lease the software.
  • Provide the software as a standalone offer or combine it with their own applications usable by others or transfer the software or this agreement to a third party.

Third-Party Components: The software may include third-party components accompanied by separate legal notices or governed by other agreements.

  1. Liability

The User uses the Software and the results obtained through its implementation at their sole responsibility, with no recourse against OSE. Specifically, the Licensor's liability cannot be incurred due to errors, regardless of their cause, in the results obtained, which it is the User's responsibility to verify. OSE's liability is excluded in cases where the User has not complied with the conditions of use specified in the documentation or if they have intervened themselves or had a third party intervene on the Software.

OSE shall not be held liable for the accidental destruction of User data, which is the User's responsibility to back up.

In any case, the Licensor's liability is limited to the price of this license.

This limitation applies even if OSE had or should have been aware of the possibility of damages.

  1. Termination of the License

OSE reserves the right to terminate the license in the event of the User's breach of these conditions. 

In case of non-payment of the annual fee, the license will be terminated automatically without prior notice.

If the annual fee is not paid within the scope of a multi-year commitment, the client will have to pay the license fee as calculated based on the actual duration of their commitment.

  1. Entire Agreement

This agreement, as well as the terms regarding supplements, updates, and technical support, constitute the entire agreement concerning the Software.

  1. Export

The User must comply with all national and international export laws and regulations regarding the software, which may contain restrictions on destinations, end-users, and end-use.

  1. Applicable Law and Dispute Resolution

By express agreement between the parties, this agreement is subject to French law, to the exclusion of any other legislation.