General conditions of use
Licence of use :
A non exclusive licence of use is granted to the User for use of the software, on the sole conditions set out in this contract. The licence of use is un-transferable and free, excluding internet connection costs according to the chosen operator, which must be paid for by the user. The provision of the Software does not constitute either a sale or a rental. This Software remains the property of Lacaze Energies and must be considered as such by the user.
Acceptance and modification of the conditions of use :
Any use whatsoever of the Software implies the necessary and automatic acceptance by the User of the conditions of use, as well as any possible later modifications, without any other formality. The modified conditions of use come into force once they are on line; it is up to the user to read them and to conform to them. The user will be held responsible for the non respect of the conditions of use.
Use of this software is subject to a prior written agreement (via the names of the users communicated by Lacaze Energies), who reserve the right to suspend use without warning and without being required to justify the reasons. The provided software and products may be modified at any time, without prior warning and without any indemnity whatsoever. The results are the synthesis of ratios of consumption communicated by the AICVF and of the experience acquired over more than 50 years by Lacaze Energies in the field of hot water production.
Intellectual property rights :
The software is protected by the code of intellectual property and the provisions of international treaties, as well as all the applicable legislation of author’s rights.
All rights of intellectual property relative to the Software (particularly, but not limited to, those pertaining to any image, photograph, animation, video, sound, music, text and mini application integrated in the software), to printed documentation which may accompany it and to any copy of the software, are held by Lacaze Energies. In consequence, any reproduction of the manual or the technical documentation associated to the software is prohibited. All rights not expressly conceded with this licence are reserved by Lacaze Energies. Only the copying and diffusion of the description of materials destined for the recommendation of these materials are authorised.
The violation of one of these software rights of author is an infringement of copyright offence sanctioned in France by article 335-2 of the code of intellectual property.
Engagement of the user :
The User agrees to respect the Conditions of Use. It is up to the user to have all the equipment and software necessary for internet browsing, with the appropriate technical and performance capacities.
The User will take all necessary measures to ensure that his employees and agents, or other persons under his direction or control having access to the software or the accompanying documentation, respect the terms of this licence contract.
The access codes for the software are nominative and may not be loaned or rented or sold or otherwise commercialised or made available to, or used for the profit of, third parties in any form whatsoever, either free or for payment.
The User guarantees Lacaze Energies against any illegal or wrongful and/or unauthorised use of the information accessible through the software, by himself or a third party.
The User guarantees Lacaze Energies against any modification of the information accessible through the software, by himself or a third party.
The User guarantees Lacaze Energies against any action which may be brought against him, or any complaint which may be placed against him, including by a third party, as a result of the use of the software in conditions, which may not be in conformity with the conditions of use. This guarantee covers any sum which Lacaze Energies may be held to pay for whatever reason, including legal fees and fees for judgements acknowledged or pronounced.
Exclusions of the guarantee :
The use of the Software is not accompanied by any guarantees whatsoever. The information provided is only given as a guide and will not be held as the responsibility of Lacaze Energies, and which cannot in any case replace the advice and the validation of a specialist in the field of thermics and hydraulics.
Lacaze Energies does not guarantee that the software will function correctly in every computer environment or that its operation is infallible. Lacaze Energies cannot in any case be held responsible for perturbations or interruptions to access to the internet network.
Lacaze Energies excludes all responsibility for damage, direct or indirect, connected to the use or performance of the software, particularly for loss of benefits, loss of income, loss or alterations to data, loss of clients, or any commercial trouble whatsoever resulting in the use or the incapacity of use of the software, to bad functioning or its failure, for whatever reason.
Information technology and liberty :
In conformity with articles 39 and following of the Law No. 78-17 of 6 January 1978, modified on 6 August 2004, relative to information technology, files and liberties, the user benefits from a right of access and rectification of information concerning him. The User who wishes to exercise this right and communication of information concerning him may contact:
ZI – BP 2
46120 LEYME (France).
Relevant law and competent jurisdiction :
This contract is governed by French law.
If a contractual disposition is held as invalid or declared as such in application of a law, a regulation or as a result of a final decision by a competent jurisdiction, the other dispositions retain all their force and power.
Any dispute relating to the validity, interpretation, execution or cancellation of this contract will be subject to the competent French jurisdiction; only the tribunals at CAHORS will be considered competent.