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General Terms and Conditions (GTC)
Last update: 06/06/2022
These General Terms and Conditions apply to the purchase of the PureBasic Software User License made by a natural person on the website www.purebasic.com (hereinafter the 'SITE') from the sole proprietorship of Mr. Frédéric Laboureur, with the trade name Fantaisie Software, registered under SIREN 435097290, whose commercial address is located at 10 rue de Lausanne, 67640 Fegersheim, email: support@ purebasic.com (hereinafter the 'SELLER' or 'FANTAISIE SOFTWARE').
Article 1 – DEFINITIONS
The following terms shall be understood in the sense defined below:
GTC: The set formed by the articles of these General Terms and Conditions.
CUSTOMER: Natural person acquiring a License to use the PureBasic Software, as a consumer, as defined by French law and case law. That is, a natural person who acts outside the framework of his usual or commercial, industrial, artisanal, liberal or agricultural activity.
SOFTWARE: PureBasic Software of which FANTAISIE SOFTWARE is the author as well as all of its documentation containing the procedures for implementation, administration and instructions for use.
LICENSE: The right of personal and non-commercial use, non-transferable, non-exclusive and not capable of giving rise to sub-licenses, to install and use the SOFTWARE described in these GTC.
ORDER: Internet page describing the SOFTWARE LICENSE sold by FANTAISIE SOFTWARE to the CUSTOMER and governed by GTC.
TECHNICAL PREREQUISITES: List of materials, environments, data, third party software and devices recommended by FANTAISIE SOFTWARE and adapted to the use of SOFTWARE to be implemented and respected by the CUSTOMER.
Article 2 – PURPOSE AND SCOPE
2.1 . The purpose of these GTC is to define the terms and conditions under which FANTAISIE SOFTWARE transfers to the CUSTOMER the right to use the SOFTWARE in return for payment of the price made by the CUSTOMER.
2.2. The CUSTOMER is clearly informed and acknowledges that the GTC are aimed at consumers and that professionals must contact the SELLER in order to benefit from separate contractual conditions.
Article 3 - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
3.1. The CUSTOMER undertakes to carefully read the GTC and accept them, before proceeding to the payment of a LICENSE order placed on the SITE.
3.2. These GTC are referenced at the bottom of the order page of the SITE by means of a link and must be consulted before placing the ORDER. The CUSTOMER is invited to carefully read, download, print the GTC and keep a copy. By ticking the box “I accept these General Terms and Conditions” the CLIENT acknowledges having read, understood and accepted the GTC without limitation or condition.
3.3. The SELLER advises the CUSTOMER to read the GTC for each new ORDER, the latest version of the GTC applying to any new LICENSE ORDER.
Article 4 – DESCRIPTION OF THE SOFTWARE
4.1. The SOFTWARE offered by FANTAISIE SOFTWARE is a modernized variant of the BASIC programming language. The list of major features of the SOFTWARE are:
- portability: works under Windows, Linux and MacOS X and Raspberry;
- speed: true compiler which produces compact and optimized executables;
- simplicity: uses the BASIC language syntax, very widespread and easy to learn.
4.2. It is the CLIENT's responsibility to ensure that the SOFTWARE meets its needs and constraints. To this end, it is up to the CUSTOMER, prior to the acceptance of the GTC, to find out on the SITE the information necessary for its implementation. Failing this, the Customer acknowledges having been sufficiently informed about the functionalities, characteristics and constraints of the SOFTWARE.
4.3. Under no circumstances may any document drawn up by the CLIENT (Expression of needs, etc.) be taken into account by FANTAISIE SOFTWARE within the framework of the GTC. The provision by FANTAISIE SOFTWARE of adaptation of SOFTWARE to the needs expressed by the CUSTOMER can only be carried out by FANTAISIE SOFTWARE within the framework of a specific contract not governed by these GTC but offered on an optional basis.
4.4. The CUSTOMER must respect the Technical Prerequisites accessible on the SITE which are recommended by FANTAISIE SOFTWARE. It is the CLIENT's responsibility to ensure the evolution of its hardware and software in accordance with the evolution of the Technical Prerequisites.
Article 5 - LICENSE
5.1. In return for payment of the price indicated in the ORDER, the SELLER grants the CLIENT a personal and non-commercial, non-exclusive, non-assignable and non-transferable LICENSE: (i) to install the SOFTWARE; and (ii) to use the SOFTWARE within the framework of the CLIENT's activities, within the limits and according to the provisions defined in the ORDER and the applicable GTC. The SOFTWARE remains the property of FANTAISIE SOFTWARE.
5.2. The duration of the right to use the SOFTWARE provided under these GTC is perpetual.
Article 6 - LIMITATIONS TO THE LICENSE
6.1. The CUSTOMER is not authorized: (i) to reproduce, distribute, transfer or commercialize the SOFTWARE in any way, in any form whatsoever; (ii) to use or permit the use of the SOFTWARE for the benefit of third parties, nor (iii) to modify, adapt, translate or create derivative works from the SOFTWARE. CLIENT may not decompile, reverse engineer or otherwise disassemble the SOFTWARE except as permitted by French law.
6.2. If the CUSTOMER includes third party software as part of its activities with the SOFTWARE, which are not sold by FANTAISIE SOFTWARE, the CUSTOMER agrees to be bound by the terms and conditions specific to these third parties.
6.3. When using the SOFTWARE, you agree to comply with all applicable French laws, rules and regulations.
6.4. You also undertake to respect certain rules of conduct which govern your use of the LICENSE, which are not intended to be exhaustive and may be modified at any time by FANTAISIE SOFTWARE. For example, and without limiting FANTAISIE SOFTWARE's rights to bring an action against you, you may not:
a. create, use, share and/or publish by any means whatsoever in connection with the SOFTWARE a document (text, words, images, sounds, videos, etc.) which would be contrary to a duty of confidentiality, which would infringe a intellectual property right or the right to the protection of an individual's private life or which would incite an illegal act (piracy, distribution of counterfeit software in particular);
b. modify or block the SOFTWARE, impose an abnormal load on it, interrupt, slow down and/or interfere with the normal operation of all or part of the SOFTWARE, its accessibility for other users or the operation of the SOFTWARE's partner networks, or attempt to do;
c. transmit or spread a virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in connection with the SOFTWARE, and/or organize, participate in or be involved in an attack on the servers of FANTAISIE SOFTWARE and/or those of its service providers and partners;
d. create, provide or use other ways to use the SOFTWARE, such as server emulators;
e. spam the chat, whether for commercial or personal gain, by interrupting the flow of conversation with repeated posts of a similar nature;
f. transmit or communicate any material or content that, in the opinion of FANTAISIE SOFTWARE, is or is deemed to be offensive, including but not limited to words that are harmful, illegal, abusive, discriminatory, defamatory, derogatory, obscene, sexually explicit, or objectionable in any way, racial, ethnic or other view;
g. harass or threaten other users of the SOFTWARE;
h. misuse the help desk or complaint buttons or send inaccurate reports to FANTAISIE SOFTWARE;
i. wrongly claim to be an employee or representative of FANTAISIE SOFTWARE or its partners and/or agents;
j. wrongly relying on a guarantee in connection with the SOFTWARE or FANTAISIE SOFTWARE.
Article 7 - INTELLECTUAL PROPERTY
7.1. FANTAISIE SOFTWARE owns all intellectual property rights and other property rights relating to the SOFTWARE, and retains all rights that are not specifically granted to the CUSTOMER hereunder. The CUSTOMER may not alter or delete any proprietary notices or claims that may be contained in the SOFTWARE. FANTAISIE SOFTWARE shall own all rights to any copy, translation, modification, adaptation or derivative work, including any modification or other enhancement or development of the SOFTWARE.
Article 8 – PRICE
8.1. The CUSTOMER will find on the SITE the price of the LICENSE displayed in euros, all taxes included. The price of the LICENSE sold is that in force at the time of registration of the ORDER.
8.2. The invoicing of the LICENSE is carried out at the supply of the SOFTWARE. The invoice is available on the online account.
8.3. FANTAISIE SOFTWARE reserves the right to modify its prices at any time. However, FANTAISIE SOFTWARE undertakes to invoice the LICENSE ordered at the price indicated when the ORDER is registered.
Article 9 – METHOD OF PAYMENT AND SUPPLY
9.1. The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The information that the CLIENT provides to the SELLER when placing an ORDER must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity and the information communicated.
9.2. The CUSTOMER pays the LICENSE online on the third-party site of the payment company or by bank transfer following the instructions indicated on the SITE. The CUSTOMER guarantees the SELLER that he has all the authorizations required to use the means of payment chosen.
9.3. If the online payment company refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER in order to pay for the order by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CLIENT proves impossible, the ORDER will be canceled and the sale automatically terminated.
< br> 9.4. The SOFTWARE is provided as a download once payment has been made by the CLIENT. The Customer will proceed under his sole responsibility for the installation and administration of the SOFTWARE.
9.5. The CUSTOMER undertakes to accept the SOFTWARE ordered on first supply insofar as they comply with the ORDER and their documentation. Any refusal to accept a supply must, in order to be taken into account, be brought to the attention of FANTAISIE SOFTWARE by e-mail firstname.lastname@example.org within forty-eight (48) hours of the supply.
9.6. The SOFTWARE will be provided to the email address indicated by the CLIENT in the personal section available on the SITE.
9.7. The CUSTOMER acknowledges that any modification of the installation or its environment will be under its responsibility.
Article 10 – GUARANTEES
10.1. FANTAISIE SOFTWARE guarantees, for a period of 2 (two) years, that the SOFTWARE will operate, for the most part, in accordance with the description given on the SITE, the ORDER and the articles of these GTC. In the event of a breach of this guarantee of conformity, the CUSTOMER may request compliance, or the reduction of the price or the termination of the contract. However, if the cost of the CUSTOMER's choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the LICENSE or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the customer. To exercise the warranty, the CLIENT must send the SELLER a request by e-mail to the following address: email@example.com
10.2. The SELLER is bound by the guarantee for hidden defects in the SOFTWARE sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it, or would not have given than a lower price, if he had known them at the time of purchase. This warranty allows the CUSTOMER who can prove the existence of a latent defect to choose to return the SOFTWARE and have the price refunded, or to keep the SOFTWARE and have part of the price refunded. However, if the cost of the CUSTOMER's choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the LICENSE or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen. by the customer. The action resulting from latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect. The duration of this warranty is limited to five (5) years after purchase. To exercise the warranty, the CLIENT must send a request to the SELLER by registered letter with acknowledgment of receipt to the following address: 10 rue de Lausanne, 67640 Fegersheim.
10.3. EXCEPT FOR THE WARRANTIES PROVIDED FOR IN ARTICLES 10.1 AND 10.2 OF THESE GTC, FANTAISIE SOFTWARE, ITS LICENSORS AND AUTHORIZED DISTRIBUTORS EXCLUDE ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, EXPRESS OR IMPLIED INDEMNITIES, RESULTING FROM LAW, USAGE, OR ANY DECLARATION PRIOR WRITTEN OR ORAL, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE PROVIDED HEREUNDER. FANTAISIE SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CUSTOMER ASSUMES FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE THE RESULTS THEY EXPECT, AS WELL AS FOR ITS INSTALLATION, ITS USE AND THE RESULTS IT OBTAINS.
Article 11 – WITHDRAWAL
11.1. The CUSTOMER has no right to withdrawal when he has installed the SOFTWARE in his environment in accordance with article L221-28 of the French Consumer Code.
Article 12 – TRANSFER OF OWNERSHIP< br>
12.1. FANTAISIE SOFTWARE remains the owner of the LICENSE until full payment of the price stipulated in the ORDER.
Article 13 – RESPONSIBILITY FOR SAFEGUARDING
13.1. The CLIENT is solely responsible for backing up the data it processes or stores and acknowledges that it is its responsibility to:
• Make backups of its data at a regular rate and adapted to its activity;
• Verify at least once a week the contents of the backups made;
• Use adequate backup media, in good condition and free of contamination.
13.2. The CLIENT must take all necessary measures to protect its information system and in particular with regard to protection against viruses, worms and other hostile intrusion processes.
13.3. Any operations to restore or reconstruct lost or damaged data, programs or files are not covered by these GTC.
Article 14 – PERSONAL DATA
14.1 . The SELLER collects personal data from its CUSTOMER strictly necessary for its activity.
14.2. The CLIENT's personal data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, allow the use of the SITE's services or for accounting purposes.
14.3. The SELLER implements adequate measures to ensure the protection, confidentiality and security of his CLIENT's personal data and to process them in compliance with the provisions in force, in particular European Regulation 2016/679 of April 27, 2016 (GDPR) and french law no. °78-17 of 6 January 1978 known as the Data Protection Act.
14.4. In accordance with French law, the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons), portability and delete their personal data. He can exercise this right by sending an e-mail to the address: firstname.lastname@example.org. It is specified that the CUSTOMER must be able to prove his identity by sending the SELLER a photocopy of his identity document.
Article 15 – MAINTAINING SOFTWARE COMPLIANCE
15.1. The SELLER provides the CLIENT free of charge with the updates necessary to maintain the compliance and security of the SOFTWARE. Available SOFTWARE updates can be viewed on the SITE and downloaded.
15.2. When the CUSTOMER does not install within a reasonable time or performs an incorrect installation of the updates provided by the SELLER in accordance with article 15.1. of the GTC, the SELLER is not responsible for any lack of conformity resulting from the non-installation or incorrect installation of the updates concerned.
Article 16 – SOFTWARE EVOLUTION
16.1. The CUSTOMER is informed and accepts that the evolution of the legislation, technologies and the demand of the SELLER's customers may cause FANTAISIE SOFTWARE to perform SOFTWARE updates. The CUSTOMER is informed and accepts that the developments mentioned above may, at any time, make the SOFTWARE functionalities unsuitable. FANTAISIE SOFTWARE can provide updates to the SOFTWARE that meet new developments, provided that such adaptations of the SOFTWARE do not make it necessary to rewrite a substantial part of the existing SOFTWARE.
16.2. The CUSTOMER is informed and accepts that, within the framework of article 16.1. of the GTC, all or part of the CUSTOMER's environments, in their initial configuration, may not support a SOFTWARE update. FANTAISIE SOFTWARE cannot be held responsible for that.
16.3. Available SOFTWARE updates can be viewed on the SITE and downloaded. Updates would be made at no additional cost to CLIENT.
16.4. The CUSTOMER is entitled to refuse the update or to uninstall it, if the update has a negative impact on his access or use of the SOFTWARE in accordance with the articles of the French Consumer Code.
16.5. Within the framework of article 16 of the GTC, the SELLER cannot be held responsible for the negative effects on the CLIENT's environments resulting from the non-installation within a reasonable time or from the incorrect installation of SOFTWARE updates by the CUSTOMER.
Article 17 – CUSTOMER RESPONSIBILITY
17.1. The SOFTWARE under the GTC will be used by the CLIENT under its sole control, direction and under its sole responsibility. Consequently, the CLIENT is responsible for:
a) The choice and acquisition, prior or future, from third parties of hardware and software intended for use with the SOFTWARE. Their possible incompatibilities with the SOFTWARE and the resulting malfunctions and disturbances cannot engage the responsibility of FANTAISIE SOFTWARE;
b) The project management of its computerization in the event of a multiplicity of suppliers chosen by it;
c) Compliance with the Technical Prerequisites (present and future) in order to avoid harmful consequences such as slowdowns, blockages, data alterations;
d) All consequences, at the SOFTWARE level, resulting from modifications decided and/or carried out by the CLIENT, of its installation or its environment.
17.2. The CUSTOMER is informed that FANTAISIE SOFTWARE is not responsible for the quality, availability and reliability of telecommunications networks, whatever their nature, in the event of data transport or access to the Internet.< br>
The CUSTOMER agrees to indemnify and hold harmless the SELLER, the authorized distributor or any other person against any damage, loss, liability or expense (including reasonable attorneys' fees) relating to any action or claim which may be engaged against one or more of these parties and resulting from the use or possession of the SOFTWARE by the CLIENT.
17.3. In the event that FANTAISIE SOFTWARE's liability is engaged, compensation for all causes combined, principal, interest and costs, will be limited to the direct and foreseeable damage suffered by the CUSTOMER without being able to exceed the sum paid by the latter in return for the LICENSE purchased.
17.4. Under no circumstances may FANTAISIE SOFTWARE be held liable either to the CUSTOMER or to third parties for any unforeseeable damage and for any indirect or consequential damage such as operating loss, loss of profit or image or any other financial loss resulting from the use or inability to use the SOFTWARE by the CLIENT as well as any loss or deterioration of information for which FANTAISIE SOFTWARE cannot be held responsible. Any damage suffered by a third party is indirect damage and therefore does not give rise to compensation.
Article 18 - SELLER'S LIABILITY
18.1. Given the state of the art in use in its profession, FANTAISIE SOFTWARE, which undertakes to take all possible care in the performance of its obligations, is subject to an obligation of means.
IN NO EVENT WILL THE SELLER, ITS AUTHORIZED DISTRIBUTORS OR ITS OWN LICENSORS OR ANY OTHER PERSON CONCERNED BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, FORESEEABLE OR UNPREDICTABLE (INCLUDING IN PARTICULAR IN CASE OF LOSS OF DATA, GOODWILL, USE OF MONEY OR SOFTWARE, INTERRUPTION OF USE OR ACCESS TO DATA, INTERRUPTIONS OF OTHER PRODUCTS OR DAMAGE TO OTHER PROPERTY), RESULTING FROM A BREACH OF THE PROVISIONS OF THESE GTC, OR FROM NEGLIGENCE. IN ANY EVENT, THE GLOBAL LIABILITY OF SELLER, ITS AUTHORIZED DISTRIBUTORS OR ITS OWN LICENSORS OR ANY OTHER PERSON SHALL BE LIMITED TO THE PRICE CUSTOMER ACTUALLY PAID SELLER FOR THE LICENSE WHICH CAUSED THE DAMAGE. THE PROVISIONS OF THIS ARTICLE ARE NOT APPLICABLE TO THE CUSTOMER IN CASE OF CONTRARY MANDATORY PROVISIONS OF APPLICABLE LAW.
Article 19 – FORCE MAJEURE
19.1. FANTAISIE SOFTWARE cannot be held liable in the event of force majeure. Expressly, will be considered as cases of force majeure, in addition to those usually retained by the case law of French courts and tribunals, the blocking of means of transport for any reason whatsoever, the unavailability or stock shortage of materials ordered from the suppliers or subcontractors of FANTAISIE SOFTWARE, the compulsory liquidation of one of its suppliers or subcontractors, the blocking or disruption of the means of communication, telecommunications or postal services.
Article 20 – MISCELLANEOUS PROVISIONS
20.1. Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these GTC cannot affect the validity of the remainder of the clauses of these GTC.
All conditions not expressly dealt with in these GTC will be governed in accordance with the French practice of the retail sector for individuals.
Article 21 – CONTRACTUAL DOCUMENTS AND CONVENTION OF PROOF
21.1. The GTC consist of this document, as well as the ORDER referring to these GTC, which prevail over any other contractual document.
21.2. The Customer acknowledges having read the GTC and accepting them without reservation.
21.3. Acceptance of the ORDER by the CUSTOMER implies acceptance of all the GTC.
21.4. Acceptance of the GTC by electronic means has, between the Parties, the same probative value as the agreement on paper.
21.5. The French version of the GTC shall prevail in the event of any discrepancy or difficulty of interpretation whatsoever between the French and English versions of these GTC.
Article 22 – LAW AND ATTRIBUTION OF JURISDICTION
22.1. These GTC are subject to French law for both formal and substantive rules.
22.2. In the event of a dispute, only the French courts will be competent.
22.3. However, prior to any recourse to a state judge, negotiation will be favored in a spirit of loyalty and good faith in with a view to reaching an amicable agreement in the event of any conflict relating to this contract, including relating to its validity.
22.4. The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below.
22.5. Throughout the negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict subject of the negotiation. By way of exception, the parties are authorized to seize the court of summary proceedings or to seek the pronouncement of an order on request.