Hubforge Software License Terms
Creating an account:You will need to create a Hubforge account to purchase a subscription and access the services Delysis by ValueFeet agrees to provide to you under the purchased subscription. If you are creating an account on behalf of a company, such as your business or employer, you represent that you have the legal authority to enter into this agreement and to create such company's account. When creating your account, you agree not to use or provide any false, inaccurate or misleading information.
You are not allowed to transfer or reveal your username and password to another user. You remain responsible for all activities performed with your account.
Legal age:To open or use an account, you must have reached the age of "majority" in your country of residence, or have valid authorization from a parent or legal guardian to be bound by the Agreement._cc781905-5cde -3194-bb3b-136bad5cf58d_
Contract and acceptance of the conditions:Your use of the software is governed by these terms and conditions, which you accepted when creating your Hubforge Account. These terms constitute the Agreement between you and Delysis by ValueFeet. The order placed by you, for the acquisition of a subscription, entails irrevocable recognition, on your part, that:
(i)you have read the prior information provided on the Delysis by ValueFeet website, relating to the content of the Agreement, et
(ii)you have agreed to electronically sign the Agreement, and to receive a copy only electronically, et
(iii)that you have read these general conditions before placing an order, et
(v)irrevocably agree to be bound by these Terms and Conditions, which constitute the purchase agreement (the “Agreement”) between you and Delysis by ValueFeet.
In addition, by using the software you consent to the transmission of certain personal information about you, during activation and thereafter during any period of use of the software, in accordance with the Policy Regarding the Respect and Protection of Personal Data of Delysis by ValueFeet. If you do not accept and/or do not comply with the terms and conditions of the Contract, you thereby waive the right to use the software or its functionalities, the guarantee provided for below, as well as any claim arbitrary against ValueFeet.
Installation and Right of Use:The software is not sold to you; the subscription only grants you a license to use. Provided that you comply with all of the terms of the Agreement, we grant you the right to install and run copies of the software on devices that you own and control. The right to execute copies does not confer additional license rights, it being specified that each license only allows online access to the software's functionalities to a single user.
If you want more than one user to have access to the software at the same time, you will need to open subsidiary accounts and acquire sublicenses for each of these subsidiary accounts. The software components are licensed as an inseparable whole.
Therefore, you are not permitted to unbundle or virtualize any software components.
Duration of the license:Your right to use the software is limited to the subscription period. Your subscription will automatically extend upon expiry, provided that you have 2 complied with the terms and conditions of the Agreement. We will notify you before the upcoming renewal is due (one week in advance for monthly subscriptions, one month in advance for annual subscriptions). You will then have the right to waive the renewal, by notifying us of your decision before the expiry date, failing which the subscription will be renewed without further notice for the same duration. After your subscription expires, you will no longer have access to the features of the software.
Activation:Activation is carried out using the code that Delysis by ValueFeet will send to you after payment of your subscription. Activation associates the use of the software with a specific license. Activation is required for each license or sublicense. Activation identifies any unauthorized modifications to the software, and prevents any unauthorized use of it.
Reactivation:You may need to reactivate the software, if changes are made to components of your device or to the software.
Activation failed:During online activation, if the license or activation features of the software are found to be counterfeit or no license exists, the activation will fail. If the installed copy of the software is not properly licensed, you will be notified when attempting to activate. You will also be prompted to license the software.
No Modification: You agree not to circumvent or bypass any technological protection measures included in the software, ou
(ii)disassemble, decompile, decipher, tamper with, emulate, exploit, or reconstruct the logic of the Software or any of its components, or
(iii)separate a software component for use on different devices, or
(iv)publish, copy, transfer, rent, sell, export, import, distribute or lend the software, except as expressly authorized by Delysis by ValueFeet, or
(v)transfer the right to use the services attached to the subscription, or
(vi)use the services attached to the subscription in an unauthorized manner.
Intellectual property :This Agreement does not in any way constitute an assignment of any intellectual property rights held by Delysis by ValueFeet in the software or its components. If you communicate to Delysis by ValueFeet an idea, a proposal or a comment (together the "Suggestions"), concerning possible improvements to the software, you grant to Delysis by ValueFeet, free of charge and without right to any royalty or other benefit , all intellectual property rights relating to these Suggestions, including the right to make or cause to be made modifications to the software based on your Suggestions, as well as the right to market the software containing such modifications._cc781905-5cde -3194-bb3b-136bad5cf58d_
Contents :The data recorded or stored by you following the use of the software (hereinafter "Your Content"), remains your exclusive property. We do not claim ownership of Your Content, for which You remain solely responsible. Under no circumstances can Delysis by ValueFeet be held liable for the loss of Your Content, or for the fact that it contains illegal or third-party elements. Nevertheless, but without prejudice to the foregoing, you undertake to communicate Your Content to Delysis by ValueFeet, and authorize it to use it for the performance of the services that Delysis by ValueFeet undertakes to render to you under the subscription you have taken out. You also authorize Delysis by ValueFeet to use Your Content in the context of commercial presentations or training provided to other persons, it being specified that Delysis by ValueFeet will make sure to maintain your anonymity regarding Your Content used for such purposes._cc781905- 5cde-3194-bb3b-136bad5cf58d_
Code of conduct :By entering into this Agreement, you agree to:
(i)do not use the software for the purpose of breaking the law ;
(ii)do not engage in any activity that exploits human beings or threatens their safety;
(iii)do not use the software to attempt to circulate spam, ie e-mails, publications, contact requests, SMS (text messages) or unwanted or unsolicited 3 instant messages;_cc781905-5cde-3194-bb3b -136bad5cf58d_
(iv)not to circulate inappropriate content (e.g. relating to pornography, offensive language, encouraging violence or an activity
Delysis by ValueFeet not to circulate inappropriate content (e.g. relating to pornography, offensive language, encouraging violence or criminal activity);
(v)not engage in fraudulent, deceptive or deceptive activities (e.g. asking for money, impersonating someone else, using Delysis by ValueFeet services without permission._cc781905-5cde-3194-bb3b -136bad5cf58d_
Content Size:We reserve the right to refuse Your Content, if it exceeds the storage capacity limits of our servers or authorized file size.
Closing your account:Delysis by ValueFeet may proceed to close your account if you fail to comply with the Agreement, or if your subscription is not renewed. You may close your account at any time and for any reason, without however prejudice to the rights of Delysis by ValueFeet to demand payment of the subscription until the due date. To close your account, simply use the "deactivate my account" function accessible on our website. When you request the closure of your account, or if it is closed due to the non-renewal of your subscription, it is put on hold for six months, in case you change your mind. When this period expires, your account is closed.
Consequences of closing an account:In the event of termination of your account (whether by you or by us), your right to access the services provided for in the subscription terminates immediately, without prejudice however to the rights of Delysis by ValueFeet to demand payment of the subscription until the scheduled expiry date. The personal data contained in your account or Your Content will be erased (unless the law obliges us to keep them).
Backup of Your Content:We advise you to use a backup program, and regularly back up Your Content.
Internet access and equipment:The use of the software requires the benefit of Internet access and adequate equipment for the proper functioning of this access. Delysis by ValueFeet shall not be liable in any manner whatsoever for any failure or insufficiency of service, on the part of the internet provider, for the insufficiency of the bandwidth provided by it, or the inadequacy or insufficiency of the equipment used for this Internet access.
Updates :We will notify you by e-mail of software update information, or concerning the services attached to your subscription. A notice will also be notified on our website. Downloading patch updates is mandatory. If you do not download a corrective software update, Delysis by ValueFeet does not guarantee that the version of the system for which you have acquired a license will continue to function properly. The improvement updates will be automatically accessible during the first connection following their installation on the software. Some paid updates to add functionality to the software may be offered. It is your responsibility to notify us of any change of contact details.
Bracket:Customer support is accessible through our website. You can also send a complaint through our site.
Third-party interference:Delysis by ValueFeet assumes no responsibility for interruptions or impairments of service resulting from interference or blockages resulting from applications installed by third parties on the devices used by the customer for the use of the software._cc781905-5cde- 3194-bb3b-136bad5cf58d_
Availablity :We make every effort to ensure that the services accessible through the software are available 24 hours a day, 7 days a week. However, all online services suffer from occasional disruptions and outages. In the event of a breakdown or interruption of the service, we will make every effort to restore it as soon as possible, but in no event shall Delysis by ValueFeet be held liable for any losses suffered as a result of an interruption of service. Changes to Contract. We may modify these general conditions of use si
(i) this is necessary under applicable law, in particular due to an amendment thereto;
(ii)this is necessary as a result of advice and/or an injunction based on Applicable Law;
(iii)this is necessary for the evolution of the services you benefit from under your subscription;
(iv)this is necessary for technical reasons.
We will notify you of the change before it becomes effective, through the user interface, by email or by any other reasonable means. Your use of the software, after the effective date of the modification, will constitute acceptance of the new conditions. If you do not accept the changes, you must stop using the software and close your account.
No access to emergency services:Delysis by ValueFeet is not obligated to provide emergency services for software and services associated with your subscription.
Miscellaneous: No compatibility with MAC hardware. Delysis by ValueFeet is authorized to assign, transfer or otherwise dispose of its rights and obligations under these Terms, in whole or in part, at any time and without notice, to the extent that such assignment, transfer or use does not come at your expense. However, you are not authorized to assign, transfer or dispose of these Terms or any right to use the software or services attached to the subscription. These Terms, as applicable as amended from the foregoing, constitute the entire agreement between you and Delysis by ValueFeet with respect to your use of the Software or Subscription Services. If a court of competent jurisdiction finds that we cannot enforce any provision of these Terms as worded, it will be replaced by a provision whose terms approximate as closely as possible the intent of the provision found to be unenforceable, but the other clauses of these Conditions will not be modified in any way. These Terms are entered into exclusively for the benefit of the parties hereto. They may not benefit any other person except the successors and assigns of Delysis by ValueFeet.
Export regulations: You agree to comply with all national and international export laws and regulations that apply to the Software and/or Subscription Services, including restrictions on end users, end uses and destination countries. .
Applicable law and resolution of Disputes:The Contract is subject to French law, excluding conflict of law rules. Any dispute concerning the Contract will fall under the exclusive jurisdiction of the Commercial Court of Bordeaux, France.
Guarantee: YOU ACKNOWLEDGE AND AGREE THAT THE COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FREE OF DEFECTS AND THAT SERVICE INTERRUPTIONS MAY OCCUR OCCASIONALLY. WE CANNOT GUARANTEE THAT THE SERVICES WILL OPERATE UNINTERRUPTED, SMOOTH, SECURE OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES OTHER THAN THOSE EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED BINDING WARRANTIES, INCLUDING WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-MANUFACTURER DEFECT AND NON-INFRINGEMENT.
Limitation of Liability: Delysis by ValueFeet cannot be held responsible, in any way whatsoever, for any damages arising as a result of the client's activity. Delysis by ValueFeet undertakes only to provide software enabling the customer to model the horses' feet, and to configure the shoes that the customer designs himself, for their subsequent manufacture in accordance with the customer's specifications.
SAFETY WARNING: To avoid possible eye strain, discomfort or any other health problem, it is advisable to take regular breaks when using computer equipment, especially screens, especially if you experience any pain or fatigue. If you feel uncomfortable, take a break. Discomfort may manifest as feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using apps can distract you and clutter the environment around you. Avoid obstacles, stairs, low ceilings, valuable and fragile items that could be damaged. A tiny percentage of people can experience epileptic seizures when exposed to certain images such as flashing lights or patterns appearing on the screen. Even people who have never been prone to such attacks may nevertheless have an undiagnosed predisposition. Symptoms include, but are not limited to, dizziness, blurred vision, convulsions, twitching or shaking, disorientation, confusion or loss of consciousness. If you experience any of these symptoms, discontinue use immediately and consult a physician.