OKDICT SOFTWARE USER LICENSE
1. - The OKDict software and its user documentation are published by KILARGO S.A.R.L, 79 rue du Temple 75003 Paris (RCS Paris B 440 419 729).
2. - The OKDict software is an extension for the OpenOffice.org office suite (and the software derived from OpenOffice.org) which enables searches for definitions of words and expressions in dictionaries accessible via the Internet.
3. - By installing the OKDict software, you undertake to comply with the terms of this user license.
ARTICLE 1 - USER LICENSE
KILARGO S.A.R.L grants free of charge to the LICENSEE a personal, non-transferable and non-exclusive right to use the OKDict software under the following terms:
1.1 - Authorized use
The LICENSEE acting as a natural person is authorized to install the OKDict software in unlimited numbers for personal, non-commercial use and for his own requirements.
The LICENSEE acting as the legal representative of a legal entity is authorized to install the OKDict software in unlimited numbers for non-commercial use by the employees of the legal entity and for the legal entity's own requirements.
Any other reproduction or use is prohibited.
1.2 - Authorized purpose
The OKDict software is an extension for the OpenOffice.org office suite (and the software derived from OpenOffice.org) and its sole authorized purpose is to search for definitions of words or expressions in dictionaries accessible via the Internet.
The OKDict software may not be used for any other purpose.
1.3 - Price
This license is granted free of charge.
1.4 - Duration
The license is granted for the duration of the intellectual property rights concerning the OKDict software as recognized by both French and foreign legislation and international agreements, including any extensions which may be made to this period by national and international legislation.
1.5 - Territory
The license is granted for use throughout the world.
1.6 - Non-transferability of user license
It is expressly agreed that this user license may not be transferred without the written consent of KILARGO S.A.R.L, even in the event of transfer of business, lease management, merger or any other operation following which the LICENSEE's rights may be transferred to a third party.
1.7 - Right of correction
Right of correction is reserved.
1.8 - Interoperability
Information necessary for interoperability of the OKDict software with other software may be obtained by written request to KILARGO SARL, under the conditions indicated in its catalog, and when the legal conditions for access are met.
1.9 - Indication of Authorship
The LICENSEE undertakes not to remove indications of the authorship from the OKDict software.
1.10 - Strict interpretation of license
This user license may not be interpreted as the transfer of any right over the OKDict software. In particular, the LICENSEE is not authorized to:
1.11 - Backup copies
In accordance with article L 122-6-1 II of the Intellectual Property Code, the LICENSEE may make a backup copy of the OKDict software, provided that the sole purpose of this backup copy is to preserve use of the OKDict software.
ARTICLE 2 - RECOMMENDATIONS
2.1 - The LICENSEE must acquaint himself with the user documentation before installing or using the OKDict software.
2.2 - KILARGO S.A.R.L has taken the greatest care in the design of the OKDict software. However, the LICENSEE must install and test the OKDict software on a test machine before using it in a production environment. The LICENSEE is also advised to make a backup and create a restoration point before installing the OKDict software on a machine.
2.4 - The LICENSEE must keep a copy of this user license.
ARTICLE 3 - TERMINATION
3.1 - Cases of termination
In the event of failure by the LICENSEE to comply with any one of the obligations listed herein, this user license shall be automatically terminated, without prejudice to KILARGO S.A.R.L's rights and without prejudice to any damages which KILARGO S.A.R.L may claim.
KILARGO S.A.R.L shall inform the LICENSEE of the termination by any means (postal or electronic mail), indicating the failure to meet obligations in question.
No compensation of any nature whatsoever will be owed to the LICENSEE by KILARGO S.A.R.L in the event of termination of this user license.
3.2 - Uninstalling
In the event of termination of the user license, the LICENSEE undertakes to uninstall the OKDict software from all machines by an irreversible process, within a period of forty-eight (48) hours.
The LICENSEE also undertakes not to keep any copy of the OKDict software stored on any medium.
ARTICLE 4 - GUARANTEE
4.1 - This user license is granted without any guarantee of any nature whatsoever. In particular, KILARGO S.A.R.L does not guarantee that the OKDict software:
4.2 - KILARGO S.A.R.L does not guarantee any quantitative or qualitative, explicit or implicit result of any nature whatsoever, as regards the results obtained through use of the OKDict software.
4.3 - KILARGO S.A.R.L does not guarantee that the definitions in the dictionaries are up to date or free of errors or inaccuracies, or that they do not infringe upon the rights of a third party.
ARTICLE 5 - LIABILITY
5.1 - The LICENSEE bears sole responsibility for the consequences of the installing and use of the OKDict software. The USER therefore bears sole responsibility for any direct or indirect, bodily, material or immaterial, consequential or non-consequential damages, including loss of customers, operating losses or loss of opportunities, which he might incur as a result of the installing and use of the OKDict software, whatever the cause of these damages may be.
5.2 - The LICENSEE bears sole responsibility for the appropriateness of the OKDict software for his needs and for the qualification and competence of his personnel for use of the OKDict software.
5.3 - The LICENSEE undertakes to make sure that the use of the OKDict software does not infringe upon the rights of a third party and does not constitute a criminal offense.
ARTICLE 6 - PARTIAL NON-VALIDITY - INTERPRETATION
6.1 - If any one of the clauses of the license is rendered null and void in the light of a rule of law or legislation in force, it shall be deemed unwritten, but shall not render the license invalid.
6.2 - In the event of any difficulty in interpretation between any one of the headings and sub-headings and any one of the clauses, the headings and sub-headings shall be deemed not to exist.
ARTICLE 7 - APPLICABLE LAW - ASSIGNMENT OF JURISDICTION
7.1 - This contract is subject to French (FR) law.
7.2 - In the event of a dispute, express jurisdiction is assigned to the competent courts of PARIS (75) in France (FR).
7.3 - The law applicable to the software is French (FR) law.