ASPSMART
Legal notices
Last modified: July 12,1999 
© 2000 Advantys. All rights reserved.

Legal information

Information and exclusions
Advantys goes to every effort to ensure the accuracy of all information displayed on this web site. However, as errors and/or omissions may inadvertently occur, the user is invited to check the accuracy of the information with Advantys.

Advantys shall not be held responsible in any way whatsoever for the usage, proper or improper, of information contained herein.

Copyright
Advantys authorizes the use, reproduction and distribution of the information appearing on this site, including all related images, on condition that the following copyright message appear on all reproductions : © 1999 Advantys.

Trademarks
All trademarks and logos appearing on this site are the property of Advantys and must not be used without the prior written consent of Advantys.

aspSmart, the aspSmart logo, Advantys and the Advantys logo are the registered trademarks of Advantys.

General terms & conditions of sale

Object
In submitting his/her order, the client implicitly agrees with the general terms and conditions of sale herein. No dispositions (mail, acknowledgement receipts, etc) sent by the client, other than those provided for in the present document, shall be deemed acceptable by Advantys, unless expressly accepted by the latter beforehand. All information on this site is provided for information only and Advantys reserves the right to modify it at any time with no prior warning.

Legislation
Both parties agree that this contract shall be governed by French legislation.

Information about the software house

 

Major features of the software
All the aspSmart products presented on this site are concerned by the present conditions.
Each software program is sold with its own license (see license contract)
Geographical area covered by the offer : all countries via the Internet.
Delivery : on-line delivery once payment conditions have been accepted.

Price
Prices are shown in French Francs.
Sales tax (VAT) on goods sold is applied at the current rate in France (20.6%).
Invoices sent to the client for the software will show the price including taxes : these will be calculated according to the rate applicable at the time the order was placed.

Secure payment
We to great lengths to ensure the security of all on-line payments on our site, which is why we opted for Payline’s secure payment solution. This system encrypts and secures all the information you provide when you place your order (your credit card number, for example) using the SSL protocol. Absolute confidentiality is guaranteed in so far as your credit card number is sent directly to the bank’s processing center. Advantys is not involved in this process in any way.

Validity of the offer
This offer is valid as of 07.15.1999

Delivery
The software will be delivered via e-mail once payment has been accepted. If you do not receive the software within 72 hours of placing your order on line, please send a message to info@aspsmart.com

Guarantee and after-sale service
See software license

Personal information
The client consents to Advantys’ keeping his/her personal details as provided at the time of order on an internal client database. The client may access and/or amend this information at any time in pursuance of bill n° 78-17 of January 6, 1978.

Litigation procedures
Litigation will come under the jurisdiction of the Paris courts.

License contract
The following terms shall apply to all aspSmart products.

License
By clicking on the accept button, or by installing the software described in the offer or on the invoice, the person or company having taken out the license on one or more products consents to being bound by the present contract and to becoming one of the contracting parties. If the license holder does not accept all the terms of the contract, he/she must click on the appropriate button and should not install or use the software. This license entitles the paying client to use the aspSmart software under the conditions defined hereafter :

This license is governed by French law and is in compliance with the act of parliament passed July 3, 1985 and the European Community directive passed May 14, 1991 which protect software and copyrights.

Advantys grants its clients the non-exclusive right to use a copy of the aspSmart software on a web server (one IP address) when a server license is purchased and on several web servers within the same company where a corporate license is purchased. Any duplication, modification, adaptation, translation or creation of printed material from the software or any modification, adaptation, translation or writing of printed material using the printed matter provided with the software as a source, without the prior written consent of Advantys is strictly forbidden.

Property rights
The license holder is the legal owner of the magnetic medium on which the software is recorded. However, the software itself is not sold : Advantys retains the property rights on the software itself, whichever medium is used to store it upon and at any moment in time : original disks, plus any and all copies of the same which may have been produced subsequently.

Sub license
The license to use aspSmart is granted to the license holder only and cannot be transferred, even freely, to anyone without the prior written consent of Advantys. The license holder shall, under no circumstances, be entitled to transfer, yield, rent or enjoy at any time, be it temporary or permanent, the usage rights which are granted to him/her by the present license.

Limited guarantee
Once the license fees have been paid by the client, for a period of 90 days from the date on which the client downloaded the product from an authorized download site – a period referred to as the " period of guarantee " - Advantys guarantees that the unmodified product, once correctly installed and used, will have the features as described in the corresponding on-line documentation.

This is an explicit guarantee and constitutes the only guarantee offered on the product(s). Advantys offers no other guarantee and consequently excludes all other guarantees, explicit or implicit (be they de facto or de jure) concerning any product or test data provided with a product.

Advantys shall expressly reject all guarantees in respect of the titles, aptitude for commercialization, specific usage or non-violation of the rights of third parties. Advantys does not guarantee that its product(s) will correspond to the license holder’s requirements or function in the conditions chosen by the latter, or that the software product(s) will function perfectly, free of errors and without interruption. Advantys hereby declines all responsibility for the aforementioned reasons. The security mechanisms in the software have their limits and it is beholding to the license holder to ensure the software corresponds to his/her needs.

Advantys shall be under no obligation with regard to the present contract, if the license holder accidentally or deliberately damages the media, alters, modifies or makes improper use of the software ; uses the product(s) supplied with software not written by Advantys or uses it/them on a computer system different from that for which the said software was originally intended ; or if the license holder infringes on the terms of the present contract. The obligations of Advantys within the framework of the present limited guarantee are restricted to modifying or replacing any product which is not in compliance with the guarantee. Where this guarantee is not respected and if the license holder provides Advantys with a written report during the period of guarantee, Advantys will take all reasonable steps to correct or replace the errors or failures free of charge. This is the only exclusive appeal open to the license holder, where the explicit or implicit guarantees are not respected.

However, certain jurisdictions do not accept the exclusion of certain implicit guarantees. The exclusions of the Advantys guarantee in the section of the present limited guarantee nevertheless apply in the widest sense as authorized by current legislation.

The present contract does not exclude guarantees which cannot be excluded by law and any responsibility arising from the same will be limited in this case to the correction or replacement of the product concerned, as decided upon by Advantys.

Vendor liability
Advantys shall under no circumstances be liable for damage indirect, special, accidental or accessory, or any direct damage concerning only the database products supplied with the product, including without restriction damage owing to loss of clientele, work stoppage, computer downtime or malfunction or any other commercial damage or loss, even in cases where Advantys had previous knowledge of the possibility of such damage and whatever the regulations with regard to responsibilities applicable in respect of claims, be they contractual, or based on any other legal basis, or equitable.

With the exception of death or serious injury arising from negligence on the part of Advantys, in so far as current legislation forbids limitation, Advantys shall under no circumstances be liable for damages over and above the amount paid to Advantys for the license by the holder of the license deemed to be the cause of the said damages, even in cases of failure of the principal objective of any limited remedy or invalidity of the sub-section below. Certain jurisdictions do not allow exclusion or limitation of accidental or accessory damages, meaning this exclusion and limit may not be applicable to you. All the information provided with a product on delivery by Advantys is only provided for the purposes of testing and Advantys disclaims all responsibility which may result. The extent of Advantys’ liability with regard to the clause on limited guarantee is defined by this clause.

Personal novation
The client may not yield, transfer, delegate or license the rights or obligations resulting from the present contract, in whatever shape or form, without the prior written consent of Advantys.

Termination / end of contract
Where either party fails to observe the obligations stipulated herein, the present contract shall be terminated by right 15 days after sending a letter to that effect by registered mail with acknowledgement of receipt and which fails to solicit a reaction from the addressee.

The present contract shall be terminated by right, should the client stop payment or if either of the parties is in turnaround or liquidation subject to court supervision.

Litigation
Any disagreement which may arise between the parties with regard to the interpretation and/or execution of the present contract shall by default come under the jurisdiction of the Paris Commercial Court.