VB-AUDIO.COM GENERAL TERMS


Version number: 1.0 (May 2019)


ARTICLE 1- ENTRY INTO FORCE AND APPLICATION OF THE GENERAL TERMS:


The present General Terms apply to all software applications accessible on via domain name vb-audio.com (hereinafter the SITE). This version cancels and replaces prior versions.
VB AUDIO reserves the right to amend the present General Terms at any times without notice. However, if the present General Terms are amended, passed orders or downloads shall continue to be governed by the General Terms applicable when the order or download was passed.

All persons (hereinafter USERS) viewing the SITE or downloading an application (hereinafter APPLICATION) or ordering on the SITE are subject to the present General Terms, which they acknowledge that they have read and accepted without any restriction or reserve. In the event of a dispute relating to their content, the SITE's backup system shall have probative force between the parties, which the USER acknowledges and accepts.



ARTICLE 2- CREATION & USE OF THE VB AUDIO ACCOUNT:


The information provided by a USER when they register on the SITE must be accurate. A USER registered with incorrect information, or information which has not been updated, acknowledges and accepts that in the event of a dispute they may not be recognised by VB AUDIO as the registered person or licence-holder. USERS' accounts are strictly personal: they cannot be either loaned, assigned or transmitted to a third party.

The USER is responsible for the security of their password and identifier. It is their responsibility to keep them in a confidential and secure manner.



ARTICLE 3- LICENCE FOR VB AUDIO APPLICATIONS:


3.1 Terms applicable to all licences:


The licence terms set out in the present section apply to all APPLICATIONS accessible via the SITE, whatever the type of licence granted, except for distributor licences.

The USER acknowledges and accepts that before purchasing a licence or installing an APPLICATION in a production environment they are invited to test the application in order to ascertain that the application is suitable for their requirements, and that it is compatible with their environment.

The USER acknowledges and accepts that VB AUDIO grants licences on a non-exclusive and personal basis. No licence can be interpreted as assigning any rights over the APPLICATIONS.

Licences granted by VB AUDIO are granted for the whole world and for the term of copyright according to the legislations, both French and non-French, and international agreements, including any extensions which may be made to this term by national and international legislations.

The USER acknowledges and accepts that they are not authorised to offer the APPLICATIONS for sale, whether or not for payment and, in a general sense, that they are not authorised to make the APPLICATIONS available to the public, by any means whatsoever. The USER acknowledges and accepts that they are not authorised to modify, adapt or arrange the APPLICATIONS in any manner whatsoever.

The USER acknowledges and accepts that they are not authorised to make public or to communicate to a third party a non-public link dedicated to the downloading of an APPLICATION.
The USER acknowledges and accepts that they must satisfy the technical prerequisites stipulated on the SITE, and that should they fail to do so it is possible that the APPLICATION may not be able to be installed or used.

All APPLICATIONS are delivered or made available electronically, and only in an executable or object code form, which the USER acknowledges and accepts.

VB AUDIO does not guarantee any quantitative or qualitative result or any performance, other than those indicated in the user documentation.

The APPLICATIONS are provided without any other guarantee of any kind whatsoever. In particular, VB AUDIO does not guarantee that the APPLICATION contains no errors (e.g. bugs) or operating anomalies.

VB AUDIO does not guarantee that the APPLICATION is compatible or interoperable with software or hardware other than those stated in the required configuration. VB AUDIO does not guarantee upward compatibility with new versions of the software and hardware stated in the required configuration.
The USER is solely liable for use of the APPLICATIONS and bears alone risks relating to their use. The USER acknowledges that they have received from VB AUDIO all information relating to the functions of the APPLICATIONS, in order that they may assess their suitability for their requirements.

VB AUDIO may under no circumstances be held liable for direct or indirect losses relating to use of the APPLICATION, including operating losses or financial losses resulting from use or inability to use the APPLICATION. However, should VB AUDIO be held liable by an enforceable or final legal judgment, such judgment shall be capped at the price of the licence of the APPLICATION, which the USER acknowledges and accepts. In any event, VB AUDIO's liability shall lapse three (3) months after the generating event enabling it to be held liable.


3.2 Terms applicable to "Simple Donationware" licences:


When the SITE's commercial documentation states that the APPLICATION is "Simple Donationware" the price of the APPLICATION's licence is set freely by the USER.
THE USER ACKNOWLEDGES AND ACCEPTS THAT IN ORDER TO ENJOY THIS TYPE OF LICENCE THEY MUST NOT MAKE USE OF THE APPLICATION FOR COMMERCIAL, PROFESSIONAL OR EDUCATIONAL PURPOSES.

It is hereby stipulated, in particular, that installation of VB-AUDIO application on server for commercial, professional or educational purposes also requires one or more licences. To apply for an estimate you can write to: VBAudio.

For a simple professional use of a small amount of licenses (< 10 approximately), it’s recommended to buy them directly on the VB-AUDIO webshop with the default price. For any kind of distribution agreement or volume licensing agreement, you may contact us to: VBAudio.


3.3 Terms applicable to paid licences, as "donationware for downloading" or "donationware for an activation code" or order on the basis of an estimate:


VB AUDIO reserves the right to modify its prices at any time. Prices are valid for such time as they are displayed on the SITE.

Only legally major USERS can pass orders on the SITE.

Prices given are with an immediate payment obligation and cannot be refunded. The USER acknowledges and accepts that they have no right of retraction when the activation key has been sent, or when the download link has been communicated.

Prices are paid online through the operator (Paypal or Payzen) (hereinafter the OPERATOR). Until the OPERATOR informs both the USER and VB AUDIO that payment has been made the price cannot be considered to have been paid. In the event of a dispute relating to payment, the OPERATOR's information system shall have probative force between the parties.

If payment is accepted by the operator, but subsequently rejected (in particular due to an objection or fraudulent use of a means of payment), VB AUDIO may terminate or suspend the granted licence without any legal formality or notice and without prejudice for its right to go to law.

The USER acknowledges and accepts that delivery of the APPLICATION, provision of the download link or delivery of the activation key are conditional on full payment of the price of the licence, and confirmation of it by the OPERATOR.

The USER acknowledges and accepts that when the APPLICATION is provided with an activation key the granted licence authorises one (1) single reproduction of the application on one (1) single machine, and that the activation keys are for a single use, i.e. are intended to be used with one (1) single installed application.

When the APPLICATION is protected by an activation key the USER acknowledges and accepts that the licence is granted for one installation on one (1) machine with inherent technical characteristics. The USER acknowledges and accepts that the activation key will not operate on another machine.

A USER who wishes to obtain a new key due to a change of machine can obtain it via the "webshop" interface on page "My Licenses" of its USER account. The USER acknowledges and accepts that this operation can be made only one single time, and that subsequently it must purchase a new licence if it wishes to install and use the APPLICATION on another machine.


3.4 Terms applicable to distributor licences:


For each ordered distributor licence VB AUDIO grants a non-exclusive, non-assignable right, for the whole world, to:

(i) put up for sale, promote, distribute or resell a licence for the APPLICATION to end users, up to a maximum of the number of distributor licences purchased at the time of the order (one (1) distributor licence enables one (1) licence to be sold to one end user);

(ii) grant a sub-licence for use of the APPLICATIONS to end users, up to a maximum of the number of distributor licences purchased at the time of the order, in the form of a combined product, possibly incorporated in a specific package, provided that the sub-licence is not incompatible with the terms of the present contract; The term "combined product" is understood to mean a single set, which is integrated and interoperable, consisting of the APPLICATION and of a third-party item of hardware or software;


Licences to end users are granted by the holder of the distributor licence for the whole world, and having effect for all time over which intellectual property over the APPLICATION shall last, pursuant to the legislations, both French and non-French, and international agreements, including any extensions which may be made to this term by the national and international legislations. The right of correction must be reserved for the benefit of VB AUDIO by the DISTRIBUTOR.

The DISTRIBUTOR acknowledges and accepts that the APPLICATION can be provided with an activation key authorising one (1) single reproduction of the application on one (1) single machine and that the activation keys are for single usage, i.e. intended to be used with one (1) single installed application. When the APPLICATION is protected by an activation key the licence is granted for one installation on one (1) machine with inherent technical characteristics. The activation key will not operate on another machine. The DISTRIBUTOR must inform the end user thereof.

The right of correction pursuant to the provisions of article L. 122-6-1 of the Intellectual Property Code is reserved by VB AUDIO for all the applications. All other rights not expressly stipulated by this article are reserved.

All the APPLICATIONS are delivered or made available electronically, and only as an executable or object code version.

VB AUDIO does not guarantee any quantitative or qualitative result or any performance, other than those indicated in the user documentation.

The APPLICATIONS are provided without any other guarantee of any kind whatsoever. In particular, VB AUDIO does not guarantee that the APPLICATION contains no errors (e.g. bugs) or operating anomalies.

VB AUDIO does not guarantee that the APPLICATION is compatible or interoperable with software or hardware other than those stated in the required configuration. VB AUDIO does not guarantee upward compatibility with new versions of the software and hardware stated in the required configuration.

The DISTRIBUTOR shall bear alone risks relating to the sale of the applications, and in particular interfaces, integrates, offers for sale, promotes or grants sub-licences over the APPLICATION under its own liability. VB AUDIO may under no circumstances be held liable for direct or indirect damage relating to marketing of the APPLICATION, including operating losses or financial losses. However, should VB AUDIO be held liable by an enforceable and final judgment, this judgement shall be capped at the price of the distributor licence. In any event, VB AUDIO's liability shall lapse three (3) months after the generating event enabling it to be held liable.



ARTICLE 4 - COMPUTING AND FREEDOM:


4.1 Data controller for personal data: 


MONSIEUR VINCENT BUREL- BP5, 24240, Sigoules (France)


4.2 Basis and purpose of processing of personal data:  



The purpose of the processing of personal data undertaken by the SITE is: 

account management
billing and management of licences,
satisfactory operation and security of the SITE
production of SITE viewing statistics

The legal basis of the processing of personal data which we undertake is contractual and is therefore dependent on your consent.  


4.3 The collected data: 


The data which we collect and process is that data which you provide by completing the fields of the site's forms, together with data which you provide when an order is passed.
We also collect the following login data automatically when you browse the site: (IP addresses, dates and times of queries made on our server, types and versions of browsers used, types and versions of plug-ins and operating systems). 

Finally, we use cookies to improve your experience on our website, and for statistical purposes. The Google Analytics cookie automatically collects your IP address in order to identify your city/country, and the pages viewed on this site. Your IP address is anonymised by Google when the location has been identified, and it is sent to us by Google. Data relating to the cookie is kept for 14 months by the company Google Inc. For more information on the Google Analytics service's compliance with the GDPR you can view the dedicated page. You can refuse or delete cookies by configuring your Internet browser accordingly.  We invite you to refer to the help section of your browser.  


4.4: Recipient of the personal data:


The collected data is accessible to our sales department, our accounts department and our IT department. Some of this data is also accessible to our subcontractors i.e.: 
Paypal or Payzen in its capacity of OPERATORS for payment of the orders
OVH which is responsible for hosting the site


4.5: Period for which the personal data is kept: 


The personal data is kept for 5 years from the last login to an account, or 5 years after expiry of a licence. 


4.6. Transfer outside the European Union 


Personal data is not transmitted outside the European Union. 


4.7: Your rights: 


Pursuant to article 77 of the regulation known as the "GDPR" (Regulation no. 2016/679 of 27 April 2016), it should be noted that without prejudice for all other administrative or judicial action, you have the right to lodge a complaint with of CNIL (www.cnil.fr), if you consider that the above-mentioned processing of the personal data constitutes a breach of the applicable legislation in respect of personal data. 

It should also be noted that you also have the right, under certain conditions, to a ask to view your personal data, to rectify or delete it (or limit processing of it), to object to processing, or to withdraw your consent. You also have a right, under certain conditions, to data portability, and to define how your data is to be used after your death. 

For all requests relating to processing of personal data undertaken you can send a request by letter to: VBAudio. A proof of identity which has been certified as accurate may be requested. 


4.8- Data security : 


The data controller has established technical and organisational measures to ensure the security of the processed personal data. If a breach of security of the personal data is identified it shall notify the persons concerned thereof by email. 



ARTICLE 5 – INTELLECTUAL PROPERTY ON THE SITE; MISCELLANEOUS


All content accessible through the SITE is protected by the provisions of the intellectual property code, and international treaties relating to copyright. All rights are reserved by VB AUDIO.

VB AUDIO is a trademark registered with INPI (no. 4330362). All rights are also reserved by VB AUDIO.

Photographs and images on the SITE are non-contractual.



ARTICLE 6 – LEGAL NOTICE:


VINCENT BUREL - BP5, 24240, Sigoules (France)
trading under the commercial name "VB AUDIO"

SIRET : 423 734 177 00045
VAT: FR83423734177

Director of publication: Vincent BUREL

Hosting : OVH - 2 rue Kellermann - 59100 Roubaix - France



ARTICLE 7 - ATTRIBUTION OF JURISDICTION - APPLICABLE LAW - MEDIATION


The present general terms are subject to French law (FR).
The Courts with jurisdiction are those of the city of Paris (FR-75), notwithstanding multiple defendants or impleader.
Pursuant to article L. 152-1 of the Consumer Code, you can use, free of charge, the MEDICYS mediation service, by which we are covered, by electronic means: Medicys
or by postal means: MEDICYS, 73 Boulevard de Clichy, 75009 PARIS.