Echosync License

Echosync / Echocli is freeware, with a specific user license, accessible in full below.

Your rights in a nutshell

You can use the software free of charge for any purpose (personal or commercial).

Please bear in mind, however, that the author offers no guarantee that the software will function properly. Likewise, the author cannot be held liable for any damage you may suffer as a result of using this software. Clearly, this software is provided free of charge, as is, and its use is at your own risk. To avoid any risk of data loss, back up your data and work on copies.

License Agreement BETWEEN Sylvain Rougeaux, author of the Software, hereinafter referred to as “the Author” AND the Licensee who wishes to have the right to use the Author's Software free of charge, hereinafter referred to as “the Licensee”.

1. Preamble

The Author has developed the Software for his personal use. The Author distributes the Software free of charge in the hope that it may be useful to other users.

The use or distribution of the Software necessarily implies the Licensee's express or tacit acceptance of the Agreement.

2. Definitions

• Agreement: means all of the provisions set forth in this document, it being specified that the preamble is an integral part hereof.
• Software: means the Echosync / Echocli computer program in executable code, including, where applicable, user documentation and installation program, provided to Licensee by Author.
• Site: means the Author's personal web site accessible at www.luminescence-software.org.

3. Purpose of the Agreement

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

These rights of use and distribution are non-exclusive, and entail the granting of the right of representation and reproduction within the meaning of the French intellectual property code on the Software.

4. Limitations of the license

The Licensee may not decompile, disassemble, reverse engineer or attempt to discover or reconstitute the source code of the Software in any way whatsoever.

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

The Licensee also agrees not to:

• remove the identification of the Software, the mention of the ownership of intellectual property rights or any other mention of ownership appearing on the Software,
• translate, adapt, arrange or modify the Software in any way whatsoever,
• create composite or derivative works of the Software.

5. Data communication with the Site

The Licensee is informed and accepts that the Software communicates with the Site in order to check the availability of new versions. In this case, only the version number of the Software and/or its components are sent to the Site. The Licensee may disable this feature at any time by modifying the Software configuration file.

The Licensee is also informed and accepts that the Software communicates with the Site in order to send the Author data relating to anomalies occurring in the Software. The Licensee may disable this feature at any time by modifying the Software configuration file.

6. Interpretation of the Agreement

No provision of the Agreement may be interpreted as conferring on the Licensee, in any manner whatsoever, a right other than a license to use the Software under the conditions set out in Articles 3 and 4 of the Agreement. Any rights not expressly granted to the Licensee by the Agreement are reserved by the Author.

7. Duration and termination of the license

The Agreement is entered into for the duration of the protection of the copyrights of software works granted by the French intellectual property code. The Licensee may terminate the Agreement at any time, without prior formality or notice, by permanently destroying all copies of the Software.

LThe rights arising from this license shall automatically terminate without notice from the Author if the Licensee fails to comply with any of the provisions of the Agreement. In such event, the Licensee shall immediately and permanently destroy all copies of the Software.

8. Warranty

The Licensee expressly acknowledges and agrees that use of the Software is at its own risk. The Licensee therefore assumes all risks as to the quality and effects of the Software. The Software is provided “as is”, with all faults and without warranty of any kind, in particular warranty of eviction, warranty of latent defects and warranty for defective products.

9. Liability

The Author shall under no circumstances incur any liability arising from the use of the Software or the inability to use the Software.

10. Unavailability of the Agreement

Neither the Agreement nor any of the Licensee's rights or obligations thereunder are assignable or transferable by the Licensee under any legal terms whatsoever.

11. Non-waiver

Any failure to exercise or delay in exercising a right or prerogative by one party shall not be deemed a waiver of such right or prerogative in favour of the other party. In the same way, the exercise of a single right or the partial exercise of a right or prerogative does not exclude in advance the exercise of any other right or prerogative provided for in the Agreement. Any waiver shall be ineffective unless stipulated in writing and signed by both parties.

12. Applicable law

The Agreement is governed by French law. In the event that the Agreement is translated into a foreign language, only the Agreement in French shall be deemed authentic.