TERMS AND CONDITIONS

Color Library (the Product) between (the Parties) you (the Licensee) and ECAL/Ecole cantonale d’art de Lausanne (the Supplier).

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS, CONDITIONS, AND RESTRICTIONS BEFORE INSTALLATION AND USE OF ANY PRODUCT PROVIDED BY ECAL. OPENING THE SEALED SOFTWARE PACKAGE AND/OR INSTALLATION OR USE OF SUCH SOFTWARE PROGRAMS SHALL BE DEEMED TO CONFIRM YOUR ACCEPTANCE OF THESE TERMS, CONDITIONS, AND RESTRICTIONS.

This License Agreement (this “Agreement”) is a legal agreement between you and ECAL/Ecole cantonale d’art de Lausanne, a Swiss state school for the accompanying software, associated media, printed materials, audiovisual content, and “online” or electronic documentation (collectively, the “Product”). By installing or using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to all of the terms of this agreement, uninstall all copies of the Product from your computer and return all Product materials to ECAL for a refund of any license fees paid.

1.  LICENCE

The Product is licensed, not sold. The Product is protected, All components accompanying the Product are copyrighted by ECAL and may not be taken apart, modified, used, or published with other software and may not be distributed or copied in any manner. The product is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. The Licensee must not allow copies of the Product or any part of it to be made or distributed to anyone else. The Licensee may make backup copies of the software for archival purposes only.

The Supplier grants to the Licensee a nonexclusive, non-sublicensable, license to use the Product for his/her own use only on a single device. The Product’s component parts may not be separated for use on more than one computer. This Agreement is personal to the Licensee who agrees not to assign his/her rights under it.

Reproduction and/or redistribution of any portion of the Product are specifically prohibited in the absence of a separate written agreement with the Supplier. Among other things, the Licensee may not rent, lease, transfer, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on this Software Product. The Licensee may not make access to this Software Product available to others in connection with a service bureau, application service provider, or similar business, or use this Software Product in a business to provide file compression, decompression, or conversion services to others.

2.  CONFIDENTIALITY AND DATA PROTECTION

The Supplier will not sell, share, or rent the Licensee’s personal information to any third party or use the Supplier’s email address for unsolicited mail, except for information about his/her purchase, always in compliance with respectively applicable data protection laws.

3.  PAYMENT METHOD

The Supplier exclusively uses PayPal as a payment method.

PayPal accepts the following credit cards: MasterCard, Visa, American Express, Discover.

Having a PayPal account is necessary to make payment via PayPal.

Transactions with PayPal are under their responsibility and their own Terms and Conditions.

4.  PROFILES AND UPDATES

The purchased files can be downloaded directly via a link received by email. The link will be active for only 15 days from the date of the email.

The purchased files are automatically replaced by newer files when updates are available.

If the Licensee decides to download and install the files again, he/she has to know that this may be an updated version and therefore have slight differences. It is the Licensee’s responsibility to archive and backup content.

The Supplier takes no responsibility and gives no warranty when replacing a file with a newer file.

5.  AVAILABILITY

The Supplier does not warrant that the service from the Website will be uninterrupted, timely, or error-free, although it is provided to the best ability.

The profiles available for sale may be withdrawn from sale without notice.

6.  CANCELLATION POLICY

The Supplier does not guarantee the right to cancel and refund an order if the digital files have already been made available to the Licensee.

7.  TERMINATION OF SERVICES

The Supplier has the right to terminate any services agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway.

If the Licensee breaches this Agreement, the Supplier may terminate this Agreement at any time by delivering notice to the Licensee. The latter may terminate this Agreement at any time by removing all copies of the Product from the device(s) on which it is installed and destroying all Product materials.

8.  DISCLAIMER AND LIMITED WARRANTY

—   If the Licensee uses the Product to create or distribute pictures, audio, video, or other content, the Supplier is not responsible for such content, and the Licensee is solely responsible for the property rights, legality, and regulation of all such content, including but not limited to issues of copyright ownership and obscenity regulation worldwide.

—   The Supplier excludes all representations and warranties relating to the Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Website and/or the Supplier’s literature.

—   The Product, all accompanying files, data, and materials are distributed “AS IS” and with no warranties of any kind, whether express or implied. The Licensee must assume all risk of using the program. The warranty covers defects in the software that prevent successfully installing the software in the Licensee’s PC. The warranty does not cover fitness of purpose, nor failure to meet expectations or needs as envisioned by the Licensee.

—   The Supplier excludes all liability for damages arising out of or in connection with your use of the Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the Licensee has advised the Supplier of the possibility of such potential loss), damage caused to Licensee’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential, and incidental damages.

—  The Product is provided without any other express or implied warranties, including without limitation warranties of merchantability or fitness for a particular purpose. Among other things, the Supplier shall not be liable:

(a)  for incidental, consequential, special, or indirect damages of any sort whatsoever, whether arising in tort, contract, or otherwise (including without limitation damages for loss of business profits, revenues, or information, or for business interruption) resulting from the Licensee’s use of the Product or the Licensee’s inability to use the Product, even if the Supplier has been informed of the possibility of such damages; or

(b)  for any claim by any party other than the Licensee. In no event shall the Supplier’s liability to the Licensee exceed the amount the Licensee originally paid for the Product.

—  Licensee’s entire liability and exclusive remedy shall be, at the Supplier’s option, either

(a)  return of the price paid or

(b)  repair or replacement of the software.

—   This Limited Warranty is void if failure of the Product has resulted from abuse, or misapplication. Any replacement Product will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. Neither these remedies nor any Product support services offered by the Supplier are available without proof of purchase from an authorized source.

—  The Supplier does not monitor or review the content of other parties websites which are linked to this Website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by the Supplier and should not be regarded as the publisher of such opinions or materials. Please be aware that the Supplier is not responsible for the privacy practices, or content, of these sites.

—   The Supplier encourages the Licensees to be aware when they leave the Website and to read the privacy statements of these sites. The Licensee should evaluate the security and trustworthiness of any other site connected to the Website before disclosing any personal information to them. The Supplier will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from the Licensee’s disclosure to third parties of personal information.

9.  NOTIFICATION OF CHANGES

The Supplier reserves the right to change this Agreement from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to reread this statement on a regular basis.

10.  GOVERNING LAW AND FORUM OF JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Switzerland relating to intellectual property in general, and to copyrights, patents, and trademarks in particular. You agree to submit all disputes to the exclusive jurisdiction of courts or tribunals located at the Supplier’s location (Lausanne) within the territorial boundaries of Switzerland.

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