Echosync license

Version 1.4 of April 15, 2023

Echosync is a freeware, with a specific user license which is hereafter fully explained.

In short, you can use the software for free, for commercial or personal use.

Keep in mind that this software is provided as it is and the Author is not giving any kind of guarantee that it works properly for the intended purpose. We cannot be liable if you suffer some losses or damages due to the use of one of our software. In order to avoid data losses, always backup your data and work only on copies.

License Agreement BETWEEN Sylvain Rougeaux, hereafter called “the Author” AND the Licensee, hereafter called “the Licensee”, who is looking to be granted the right to use and/or distribute the Software for free.

1. Preamble

For its own personal needs, the Author has developed the Software. The Author distributes it believing that other users may find it useful.

The use or the distribution of the Software implies the acceptance of this license Agreement in full by the Licensee.

2. Definitions
  • Agreement: all terms, sentences and subjects contained in this Agreement including the preamble.
  • Software: the computer programs called Echosync and Echocli as an executable code with the documentation and the install program provided to the Licensee by the Author.
  • Website: the website owned and administrated by the Author. It is posted on “www.luminescence-software.org”.
3. Subject matter of the Agreement

The Author conceals, free of charge to the Licensee, the right to use the Software.

These rights are non exclusive and entail the right to represent and reproduce the Software according to the French intellectual property code.

4. License boundaries

The Licensee agrees not to decompile, disassemble, operate reverse engineering, or to attempt discovering or rebuilding original code in any ways or methods.

The Licensee may not distribute the Software without the prior written consent of the Author. However, the Licensee is authorized to create any hypertext link enabling the latest version of the Software to be downloaded directly from the Website.

The Licensee agrees no to:

  • remove or hide the Software identification, the origin, or the original intellectual property rights mention,
  • translate, adapt, arrange, modify the Software in any way,
  • create composites or derived pieces of the Software.
5. Data communication through the Website

The Licensee is informed and agrees that the Software communicate with the Website in order to check for new versions. In that likely event, only version identification of the Software is sent. The Licensee may at all time deactivate that feature with the modification of the configuration file.

The Licensee is informed and agrees that the Software communicate with the Website in order to send data about errors encountered in the Software. The Licensee may at all time deactivate that feature with the modification of the configuration file.

The Licensee is informed that the data transmitted and relating to the anomalies may contain personal data. The processing of this personal data is carried out exclusively by the Author himself, as part of a strictly personal activity, in accordance with article 2 of the GDPR.

6. Interpretation of the Agreement

No additional provision may be interpreted as a right given to the Licensee of any other rights than the use or distribution of the Software as described in articles 3 and 4. The rights that are not expressly given by the Agreement are reserved to the Author.

7. Duration and termination of the License

The Agreement is binding for the entire duration of the protection of patrimonial rights of Software works as given by the French intellectual property code. The Licensee may revoke the Agreement at any time, without prior formalities and without prior advice by destroying all Software copies he has.

The rights given by this license are automatically ending without notice from the Author if the Licensee doesn't meet any one of the conditions of the Agreement. In this likely event, the Licensee has to immediately and definitely delete all copies of the Software.

8. Guarantee

The Licensee agrees that the use of the Software is at his own risks and expenses. He takes and bears all risks regarding the Software performance and collateral impact of the Software. The Software is delivered as it is without any guarantee against hidden defects or imperfections.

9. Liability

The Author is not liable to risks coming with the usage or the impossibility of using of the Software.

10. Non Assignment of the Agreement

Neither the Agreement, nor rights, nor obligations of the Licensee are transferable by the Licensee through any kind of law arrangements.

11. Non-waiver

Delay or failure by a party to exercise any right shall not constitute a waiver of that or to any other right or subsequent right to the profit of the other party. Nor shall any partial or single exercise of any other right, power or privilege preclude any other right, power or privilege as granted by the Agreement. No waiver of any terms of this agreement shall be deemed a further or continuing waiver of such terms or any other terms but if stipulated in writing and if signed by both parties.

12. Applicable law

The Agreement is governed by the law of France. When translated into another language, only the French version prevails/is applicable for interpretation.