WEBDEV SaaS (Development version) License Agreement By installing and using WEBDEV SaaS, you agree to the terms of the following license:CUSTOMER means the entity or an individual who subscribes to SOFTWARE offered by COMPANY for professional use only. The LICENSE MANAGER is the individual who assigns licenses to the different DEVELOPERS. A DEVELOPER is a user associated with a SOFTWARE license, identified by an email address. COMPANY shall mean PC SOFT, whose head office is located at 3 rue de Puech Villa, BP 444 08, 34197 Montpellier, France. SOFTWARE shall mean WEBDEV SaaS. APPLICATION shall mean a program or a set of programs developed with SOFTWARE. Subscription means the purchase of a limited right to use SOFTWARE under the terms and conditions detailed in the order form accepted by COMPANY, in this SaaS License Agreement, and in the General terms and conditions. The Subscription is associated with a DEVELOPER, for the current version and for any updates, unless such update includes its own license agreement, which would apply then. | | 1. License |
The Subscription purchased by CUSTOMER gives the DEVELOPER the non-exclusive, personal, non-transferable, limited in time right to use SOFTWARE. This license agreement is valid for the duration of the Subscription as set out in the order form accepted by the COMPANY, and subject to the timely payment of the Subscription price by the CUSTOMER. If the Subscription is not renewed, the licenses will expire at the end of the Subscription period (see General terms and conditions).
1. Internet connection
To use SOFTWARE, an Internet connection is required at first launch and at regular intervals. This connection allows the DEVELOPER to authenticate on the Subscription servers. SOFTWARE can then be used in offline mode for a given amount of days. This time period can vary. A regular Internet connection is required to extend offline access. You can see the expiration date in the general options of SOFTWARE. If the expiration date is reached and the device has not been connected to the Internet, SOFTWARE can no longer be used. The DEVELOPER must check this date before traveling or programming an extended period of offline use. If necessary, the DEVELOPER click on the "Traveling / Limited Internet access" or use an equivalent option link to extend the period of offline use. 2. Use conditions
SOFTWARE can be installed on multiple computers. However, SOFTWARE must be used on a single computer by a single DEVELOPER at any given time. SOFTWARE is considered used as soon as it is loaded in the "computer memory" (also called RAM). The DEVELOPER, identified by their email address, can use their license to run SOFTWARE installed on different computers. In this case, the DEVELOPER needs an Internet connection to authenticate. Users can only change to a different computer a given amount of times per day and per month. If this limit is exceeded, the DEVELOPER will not be able to use SOFTWARE on another computer for a given amount of time. If the DEVELOPER tries to use the same identifier to run SOFTWARE on multiple computers simultaneously, a message will appear to notify them that by continuing on their current session, all other sessions will be automatically closed. Any unsaved data will be lost. The DEVELOPER will be solely responsible for these losses.
If the Subscription management servers encounter a problem, a specific procedure enables the DEVELOPER to access a backup server for a given time period.
| | 2. Subscription Pricing |
The applicable SOFTWARE Subscription pricing can be found at www.windev.com. The right to use SOFTWARE is subject to the payment of the Subscription price. COMPANY may immediately interrupt access to SOFTWARE if CUSTOMER fails to pay the Subscription price. This price can be changed without notice.COMPANY may modify the price, interrupt or reduce the duration of any of the Subscription plans. COMPANY shall inform CUSTOMER of the termination or any significant changes made to the Subscription plans. CUSTOMER may terminate the Subscription contract if they do not agree to these changes. For more details, see General terms and conditions.
| | 3. Privacy |
For more information on how the COMPANY collects, uses, shares or processes information about the CUSTOMER, the DEVELOPER and its use of the SOFTWARE, please see Privacy policy.
| | 4. SOFTWARE ownership |
This SOFTWARE is the property of the COMPANY. CUSTOMER has only acquired the right to use SOFTWARE under the terms and conditions detailed in the General terms and conditions, and in this SaaS License Agreement.
| | 5. Use |
CUSTOMER agrees to use SOFTWARE for its intended purpose. Modifying, trying to modify, disassembling, or trying to disassemble this SOFTWARE is forbidden. CUSTOMER shall not remove (or try to remove) the copyright mentions that may be displayed and/or included in SOFTWARE.SOFTWARE shall not be rented, leased or shared. WEBDEV shall not be used to create and distribute all or part of a development tool, software for application creation and program building, or any other software of a type similar to WEBDEV. Contact us if you have any questions. The functions for generating PHP code can only be used to create a stand-alone APPLICATION. The code generated with SOFTWARE may not be reused in other software development products. The code generated by this feature shall not be included in a software (freeware or shareware) that could be a competitor of WEBDEV or WINDEV, in part or in full. The photographs, illustrations and images contained in the examples, templates, skins and skin templates can only be used in their initial context. Any use, reproduction, representation, adaptation or copy, in full or in part, in any format, by any existing or forthcoming process, is forbidden. The images and animations available from the image catalog must be exclusively used in the APPLICATIONS developed with SOFTWARE. These images shall not be sold or distributed. Their use in products or sites other than the APPLICATION is forbidden. The images cannot be separated from the APPLICATION that uses them.
| | 6. Required licenses |
This version does not allow you to deploy the created applications. To deploy, a "WEBDEV Application Server" license must be own by the SERVER.
Except for the APPLICATIONS created in PHP mode only that do not require "WEBDEV Application Server".
| | 7. Absence of liability |
7.1. SOFTWARE and documentation are sold as is, WITHOUT ANY WARRANTY as to performance, merchantability or fitness for any particular purpose. COMPANY shall not be held liable for damages of any nature whatsoever, including data loss or deterioration, financial or operational loss, discrepancy between the information contained in the documentation and the actual behavior of SOFTWARE, or in case SOFTWARE behaves differently than expected. CUSTOMER is solely responsible for the performance and support of the programs created using SOFTWARE.
7.2. Neither COMPANY nor anyone else who has been involved in the design, the production, or the distribution of SOFTWARE will be liable for any incidental, consequential, indirect or special damages caused to CUSTOMER, any user or third party, even in case of negligence, including but not limited, to the interruption of the good order work of SOFTWARE, the loss of profits, loss of data, loss of brand image, increase of overheads or any other financial loss arising from the use of SOFTWARE or inability to use it even if COMPANY has been notified of the possibility of such damages.
7.3. CUSTOMER acknowledges and agrees that COMPANY may only be liable for direct damages.
7.4. To the maximum extent permitted by applicable law, and except for indemnification obligations, breach of confidentiality and/or intellectual property rights provisions, and breach of CUSTOMER's payment obligations, COMPANY's liability shall not exceed the license fees paid and/or payable by CUSTOMER to COMPANY under the order form giving rise to the claim for the twelve (12) months preceding the event giving rise to the claim.
7.5. It is expressly agreed that any claim for damages against COMPANY arising in connection with these terms and conditions and the use of SOFTWARE will be time-barred twelve (12) months after the event that triggered the claim.
| | 8. Report generator |
The report generator and all the printout modules must be used on a site mainly developed in WEBDEV. The printout features (including the printout in PDF format) are exclusively reserved to the sites or applications developed in WEBDEV. It is expressly forbidden to use the report generator with other tools, languages or generators.
| | 9. Special cases |
9.1 Features linked to services
Before using a feature related to other services or applications, and in particular to Google, we strongly advise you to refer to the corresponding license agreements.. Some restrictions may apply. The content of the licenses may change over time.
COMPANY declines all responsibility for the use that may be made of the native access functions. Please make sure that you comply with the license of service provider.
9.2 AI WLanguage code generation
By enabling this feature, you accept that the content of your code can be analyzed by COMPANY, on the servers managed by COMPANY.
Collected data is fully anonymized and contains no information that could directly or indirectly identify CUSTOMER. The data collected is used exclusively for the following purposes:- generation of code suggestions,
- training and improvement of AI-based WLanguage code generation algorithms.
All collected data is anonymized before being integrated into the AI training corpus. COMPANY implements security measures that comply with current standards to guarantee data privacy and integrity
| | 10. Third-party software |
Licenses for third-party software and libraries used by WEBDEV
Licenses for third-party software and libraries used by WEBDEV can be found on Licenses for third-party software and libraries used by WINDEV, WEBDEV and WINDEV Mobile. It is the CUSTOMER's responsibility to comply with all applicable third-party license conditions. |
Use of JQUERY
If the APPLICATION uses multiline controls with content anchored in height, the JQuery license applies fully.This license is as follows: Copyright (c) 2011 John Resig, http://jquery.com/
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Deploying PHP sites on Windows Azure
If the APPLICATION uses PHP site deployment on WINDOWS AZURE, the license of the "Windows Azure Command-Line Tools" software applies fully. This license is as follows: Copyright (c) 2010, Microsoft Corporation
All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: - Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of Microsoft Corporation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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Installed fonts
The "Open Sans" font installed and used by SOFTWARE is subject to the "Apache License" license. The text of this license can be found in the "Help" subdirectory of SOFTWARE. This text is also available on Licenses for third-party software and libraries used by WINDEV, WEBDEV and WINDEV Mobile.
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OCR
The OCR provided by SOFTWARE is subject to the "Apache License". The text of this license can be found in the "Help" subdirectory of SOFTWARE. This text is also available on Licenses for third-party software and libraries used by WINDEV, WEBDEV and WINDEV Mobile. If the APPLICATION uses OCR, it is subject to this license. In this case, this license will be automatically copied to the APPLICATION directory.
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Use of Chromium libraries
SOFTWARE uses Chromium libraries. These libraries are subject to the Chromium license. The text of this license can be found in the "Help" subdirectory of SOFTWARE. This text is also available on Licenses for third-party software and libraries used by WINDEV, WEBDEV and WINDEV Mobile.
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Use of Scintilla libraries
SOFTWARE uses Scintilla libraries. These libraries are subject to the "Lexilla, Scintilla, and SciTE" license. The HFSQL Control Center and WDScript tools included with SOFTWARE are also subject to the "Lexilla, Scintilla, and SciTE" license. |
Midjourney
SOFTWARE uses the Midjourney platform. This platform is subject to the Midjourney license terms.
The text of this license can be found here.
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Pexels
SOFTWARE uses the Pexels platform. This platform is subject to the Pexels license terms.
The text of this license can be found here.
| | 11. License acceptance |
By keeping and using this software, you indicate that you understand and agree to the terms of this SaaS license agreement. By accepting this SaaS license agreement, you indicate that you agree to the terms of all third-party software license agreements.
In case of conflict between this SaaS license agreement and the COMPANY's General terms and conditions, the terms of the COMPANY's General terms and conditions will prevail.
This contract cannot be modified, except by an original letter initialed by the COMPANY's general director.
This license agreement is governed by French law. Any dispute arising therefrom shall be subject to the exclusive jurisdiction of the courts where COMPANY has its registered office.
PC SOFT,
3, rue de Puech Villa
BP 44 408
34197 Montpellier Cedex 5
France |
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