End User License Agreement
This user license agreement is concluded between you, natural or legal person, "the end user", and JYL Software - France - creator, developer and publisher of the Software.
The terms of this contract apply to the installation, use of the Software and its Documentation regardless of the license acquisition formula, including for free trial purposes.
This contract defines the rights and / or restrictions that you accept by checking the proposition "I accept the terms of the license agreement"
If you disagree with the terms and conditions of this contract, you are not entitled to install or use this Software.
Preamble: Protection of personal data
The Software allows, by design, to store, process and communicate personal data securely. It is the responsibility of the data controller to verify the legality and legitimacy of their collections and processing of personal data according to the applicable legislation.
Definitions
By the term Software, JYL Software means all Software applications in executable version for which you have acquired the license as well as their respective documentation. By the term Documentation, JYL Software means all operating documents, in whatever form, relating to the Software.
By the term Licensee, we mean the natural or legal person who legally acquired the license to use the Software.
Subject to accepting the following clauses and terms, JYL Software grants you, as a licensee or user of the trial version, a non-exclusive license to use the Software and documentation in accordance with what is indicated in this contract.
As a licensee or user of the trial version, you are not authorized to:
Modify, translate, reproduce, disassemble, disassemble, or in any way derive the source code of the Software or the documentation accompanying it.
Use the Software as a basis for preparation for other computer programs or related work.
Sell, sublicense, distribute, grant rights, make available for use by third parties all or part of the Software.
Make all or part of the Software files available to users on a web page as a separate, reusable, or transferable file.
Compliance with specifications
JYL Software warrants that the supplied Software operates in accordance with the product specifications. The designers and programmers have taken great care in this. This can not exclude that the Software, due to its technicality may possibly contain errors likely to jeopardize its perfect working order.
JYL Software will endeavor to correct any error communicated to it which would reveal a lack of conformity of the current and unmodified version of the Software with the specifications announced. JYL Software reserves the right to invoice the Customer for any service performed by JYL Software following the communication of an error by the Customer which would later prove to be attributable to the equipment, to Software not supplied by JYL Software, or modification of the Software.
Liability limitations
With the exception of actions for personal injury insofar as they are based on a fault or negligence of JYL Software, JYL Software's responsibility towards the Customer for direct damage under the terms of this contract (whatever the form of the the action brought, contractual or tortious) may in no case exceed the amount of the fee paid by the Customer to JYL Software for the Software or the services giving rise to the action brought. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the restrictions included in this agreement do not necessarily apply to certain customers.
IN NO EVENT SHALL JYL Software BE LIABLE FOR ANY INCIDENTAL DAMAGE, IN PARTICULAR, WITHOUT LIMITING THIS LIST, FOR LOSS OF DATA, LOSS OF PROFIT OR OTHER SIMILAR LOSS, WHETHER ORIGIN EVEN IF JYL Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
User responsibility
The user is solely responsible for the preservation of his data.
JYL Software declines all responsibility for the loss or theft of the Software, these components or user data.
Non-compliance with obligations
In the event of failure to comply with the obligations of this contract or non-payment if there is a due, the non-defaulting party may, after prior written notice, without prejudice to its other rights, either immediately suspend the execution of its own obligations hereunder, that is to cancel this contract, 15 days after the formal notice not followed up. JYL Software may also terminate this contract without notice in the event of receivership or liquidation of the Client, as well as in all cases where the Client comes to cease its activity or be the subject of any collective procedure.
Termination of the contract by the Customer
In the case of a single fee license (Acquisition or Update), the Customer may not demand any reimbursement from JYL Software, regardless of the duration of use of the Software.
In the case of a license with a periodic fee (Annual fee, Subscription), termination will only be possible at the end of each period. The only fees payable are those which will remain due, subject to possible late payment interest for late payment, at the end of the current period. The initial fee will not be refunded and will remain with JYL Software as a penalty clause.
Transfer
The Software and its documentation are non-transferable and non-transferable to any natural or legal person.
Software ownership
The Software remains the exclusive property of JYL Software with all rights attached to it. All copies of the Software provided by JYL Software or made by the Customer or user of the trial version (whether in machine-readable form or in printed form and including documentation, translations, compilations, as well as updates) are and remain the exclusive property of JYL Software. The Client or user of the trial version acknowledges that the Software contains confidential information and trade secrets of JYL Software and therefore undertakes to use the Software only for its own internal needs, not to copy the Software other than for backup purposes, to take all appropriate measures with regard to persons having access to it, whether by way of instructions or otherwise, in order to comply with its obligations under the present contract.
User protection
In order to ensure the protection of users in the event of judicial liquidation of JYL Software without resumption of activity, the sources of major versions of the Software are regularly deposited with the agency for the protection of programs in Paris.
disputes
With the exception of the customer's obligation to pay JYL Software, none of the parties will be responsible for any failure in the performance of its obligations originating in causes beyond its control.
If any provision of this contract is declared invalid for any reason by the court of a competent jurisdiction, the other provisions remain nonetheless valid.
No action, whatever its form, originating in this contract, may be brought by either party more than two (2) years after the occurrence of the event by constituting the foundation.
For French versions:
The Software may contain several versions of this user license agreement, on various media, including user documentation and updates.
In the event of ambiguity or contradiction, the French-language electronic version of the user license agreement included in the latest version of the Software must be considered as the reference version prevailing and prevailing over any other version.
For foreign versions:
Foreign language contracts are translations: in the event of a dispute, the prevailing contract is the French language contract.
THIS USER LICENSE AGREEMENT IS SUBJECT TO FRENCH LAW. ANY LITIGATION RELATING TO THE PERFORMANCE OR INTERPRETATION OF THIS AGREEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE BREST COMMERCIAL TRIBUNAL in France.
All costs incurred by JYL Software in or outside of the courts, in the event that JYL Software is involved in legal proceedings or a legal dispute with the user, will be borne by the user.
Conditions of sale
Free Trial of the Software
The trial version, called the evaluation version, which can be downloaded from our site, is granted free of charge. The user has a limited number of weeks, starting from the creation of a database to test the main features of the Software. At the end of this period, upon sending his order, he will receive the software will activate allowing him to use additional functions; the data entered during the test phase will be usable. In the absence of an order, the trial version will no longer be usable and the data entered will no longer be accessible.
Acquisition
The acquisition of the software license takes effect on the date of its installation by the customer and remains in force for an indefinite period unless terminated in accordance with the provisions described in the license agreement.
On the other hand, free assistance is only valid during the current license contract.
Annual or Monthly subscription "update and assistance"
In case of acquisition of the license, the customer can benefit from an annual subscription service "update and assistance". This service allows, when it has been subscribed and paid for by the customer, to automatically benefit from all the updates of the Software as well as assistance for each year in which this subscription is subscribed.
In the event that the customer no longer wishes to take out this annual subscription, it is sufficient for him not to renew the request. The canceled subscription can in no case be resumed, the customer wishing to acquire a new version of the Software must subscribe to the "Update" service described below.
"Update" service
The acquisition of the license allows you to benefit from the "Update" service. This service includes updating the product and its documentation as well as assistance for the duration of the contract. The upgrade price depends on the original version of the Software purchased.
Annual or monthly license
The annual or monthly license is a formula which allows the customer to use the license of the Software and its documentation for the chosen period. It gives access to assistance and the supply of any update published during the contract.
Delivery
The delivery costs are borne by the customer by download.
Prices
The license and service prices as well as the fees to be paid by the customer will be those in force on the payment due date as they will appear in the current JYL Software tariff. Any rate increase after the date of signature will be notified to the Customer by JYL Software without notice. If he does not accept the proposed increase, the Customer will have the possibility of terminating the Service, subject to the increase, at the end of the current annual period.
Payment
All amounts due are due and paid before the download.
Assistance
JYL Software's software support service, hereinafter referred to as Support, is available by email during working hours (9:00 am to 12:00 pm & 2:00 pm to 5:00 pm) Monday to Friday.
It is accessible by the person responsible for processing personal data made in the software, hereinafter referred to as the Customer.
Assistance can be contacted by the Customer to obtain assistance in using the software or in checking its proper functioning.
Contract length
Assistance is free for the duration of the contract following the acquisition of the license.
Outsourcing of your personal data processing
The Customer may, during a request for assistance, subcontract to Assistance specific operations on its processing of personal data. Within the framework of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from May 25, 2018 (hereinafter, "the European data protection regulation").
Description of the processing that may be subject to subcontracting
The Customer authorizes Assistance to process on their behalf the personal data necessary for their assistance request.
The types of operations performed on the data are of the order of analysis or restoration of their consistency.
The purpose of the processing is assistance to the use of the software by the Customer. The personal data processed are, not exhaustively, personal data, contact details, events in school life and all those contained in the software. The categories of persons concerned are those contained in the software, not exhaustively, administrative staff, teachers, students, pupils and / or managers. For the execution of assistance services, the Customer may make the database of its software under contract available to Assistance from time to time.
JYL Software's obligations towards the Customer
The Assistance undertakes not to process the data solely for the sole purposes that are the subject of the support.
The Assistance undertakes to process the data in accordance with the client's documented instructions. If the Assistance considers that an instruction constitutes a violation of the European data protection regulation or of any other provision of Union law or of the law of the member states relating to data protection, it shall immediately inform the Client. .
The Assistance undertakes to guarantee the confidentiality of personal data processed under this contract and to ensure that the persons authorized to process personal data under this contract:
- agree to respect confidentiality or be subject to an appropriate legal obligation of confidentiality;
- receive the necessary training in the protection of personal data. JYL Software undertakes to take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default
Subcontracting
JYL Software undertakes not to subcontract its support activities.
Right of information of the persons concerned and exercise of the rights of the persons
It is the Customer's responsibility to provide the information to the persons concerned by the processing operations at the time of data collection. When the persons concerned exercise requests to exercise their rights to the Assistance, Assistance will send these requests as soon as they are received by email to the Client.
Notification of personal data breaches
The Assistance notifies the Customer of any personal data breach after having become aware of it, by electronic means. This notification is accompanied by any useful documentation in order to allow the Customer, if necessary, to notify this violation to the competent supervisory authority.
Security measures
JYL Software undertakes to implement the following security measures:
- a secure protocol for sending databases;
- a temporary and secure connection method so as not to have to share connection secrets;
- regular tests to guarantee the effectiveness of technical and organizational measures to ensure the security of processing.
Sort data
At the end of the support service relating to the processing of this data, the Assistance undertakes to destroy all personal data and all copies existing in its information systems.
Data protection officer
The Assistance will communicate to the Customer, on request, the name and contact details of its data protection officer.
Register of categories of treatment activities
JYL Software declares to keep in writing a register of all the categories of processing activities carried out on behalf of the Client including:
- the name and contact details of the client on whose behalf he is acting;
- the categories of processing carried out on behalf of the Client.
Customer's obligations towards JYL Software
The Customer undertakes to:
- provide Assistance with the means necessary to provide it with the support it requests;
- document in writing any instructions concerning the processing of data by the Assistance;
- ensure compliance with the obligations provided for by the European data protection regulations in the same way as assistance.