BVIEW, in its freeware version (hereafter “the Software”), is a software published by BUF COMPAGNIE whose functions are as following:
- PLAYBACK: Playback all industry standard Image sequence & movie from both disk or RAM sources
- REVIEW: Split view to compare tracks, review in specific color context and annotate
- EXPORT: Simple video edit, batch processing, export to sequence or movie.
The Software, currently in beta testing, is available by the publisher by free downloading from the website www.bufsoftware.com to any natural or legal person for test purpose.
Downloading, installing and using the Software on its freeware version entail full and entire acceptation of the provisions of this License.
The only binding version of this License is the one currently displayed online for the entire duration of the use of the Website, until a new version replaces it.
Article 1 – Definitions
Software: means the BVIEW software in beta and freeware version, provided to Licensees for test purpose.
Licensee: means any natural person (adult 18 or older) or legal person, wishing to download, install and/or use the Software for test purpose and to report any malfunction to the Publisher.
Publisher: means the company SAS BUF COMPAGNIE, registered with the Trade and Company Register of Paris under number 320 074 388, whose registered office is located at 3 rue Roquepine 75008 Paris, exclusive owner of the intellectual property rights on the Software and its components.
Feedback: means any note or report sent by the Licensee to the Publisher for test of the Software purpose, such as bug reports, test results, use reports.
Article 2 – Intellectual property
BVIEW Software is the Publisher’s exclusive property. Such Software is protected by laws and international treaties on copyright and by other laws.
The Publisher owns and keeps all rights, titles and interests inherent and afferent to the Software, including all copyrights, patents, trade secret rights, registered trademarks and other intellectual property rights.
This License does not transfer to the Licensee any title inherent or afferent to the Software. The Licensee does not acquire any right on the Software, except the ones specified in Article 4 of this License.
Article 3 – Object
Article 4 – Rights to use the Software
Through this License, the Publisher grants to the Licensee the right to use the Software under the conditions specified by this License.
Apart from and without prejudice to the rights granted above, the Licensee shall not – and shall not allow anyone –, partly or entirely:
– sell, rent, borrow, lease, under-license, transfer the rights of the License to a third party, or distribute the Software in any way;
– modify the Software and/or merge all or part of the Software in other computing programs, create derivative works based on the Software;
– compile, decompile, disassemble, translate, analyse, reverse engineer the Software or try to do so, and in general, try to discover the source code of the Software, other than within the strict limits permitted by law.
Any copy of the Software could be done only for safeguarding purpose and shall indicate the copyrights and other property rights information contained on the original.
As the Publisher retains this right, the Licensee shall not correct by him/herself any and all anomaly.
Article 5 -Test and evaluation procedures
By downloading and using the Software, the Licensee has the possibility to test, evaluate and analyse the BVIEW Software in all its operational aspects and characteristics, functionalities, capacities and performances.
The Licensee undertakes in all circumstances to comply with requests and instructions that the Publisher can give to him/her during all the test phase.
The Licensee may provide his/her operational experience, analysis, suggests and comments (including, without limitation, bug reports and test results) to the Publisher (altogether, hereafter the “Feedback”).
These Feedbacks will be sent to the following address: firstname.lastname@example.org
The Licensee grants to the Publisher, a free of charge, non-exclusive and worldwide authorization to reproduce, distribute, use to produce derivative work, publish, use, sell and export the Feedback he/she will send to the Publisher. The Licensee acknowledges that he/she composed the Feedback by him/herself.
This authorization does not entail an obligation for the Publisher to use the Feedbacks provided by the Licensee.
Article 6 – Guarantee
The Licensee expressly acknowledges that the Software is supplied in a test state and that its installation and its use are conducted at the Licensee’s own risks.
The Licensee acknowledges that the Software may contain bugs, errors or other failures that can cause system crashes. He/she acknowledges that the Software may not meet the Licensee’s specific requirements, and that the Software may not provide any protection against potential threats.
Consequently, the Publisher grants no express or implicit guarantee covering the operation or performance of the Software and the risks listed in this Article. As well, the Publisher excludes any non-infringement of third party’s rights guarantee.
Furthermore, the Publisher does not guarantee that the eventual errors will be corrected.
Consequently, the Licensee must remind that he/she is responsible for taking all the steps needed to adopt adequate repair plans, and that he/she will take any appropriate measure to minimise the harmful consequences related to, including without limitation, a possible discontinuation of use or a possible data loss generated by the Software by its use.
No information or piece of advice given by the Publisher or its authorized representatives either verbally or in writing can constitute any guarantee.
Article 7 – Liability
Under no circumstances the Publisher shall be liable to the Licensee or any other person in case of loss, costs, shortfalls, harm to reputation or personal, accidental, special damage, direct or indirect, incidental or consequential suffered by the Licensee or any third party, including, without limitation, loss, inaccuracy or corruption of files or data, loss of an opportunity, cost of obtaining a product, a service or a substitute technology, or any loss resulting from the use or inability to use of this product, howsoever the cause.
Moreover, under no circumstances the Publisher shall be responsible for any problem with the computers or materials used by the Licensee to use the Software.
This liability exclusion will remain valid with no limit on its duration, even if the Publisher has been advised of the possibility of such damages.
Article 8 – Term
The License is enforceable until the provision of a General Availability version of the Software from the Publisher. The Licensee’s rights under this License will be automatically terminated without notice from the Publisher if the Licensee fails to comply with any provision of this License.
Upon the expiry of the License or in case of anticipate termination for any reason, the Licensee shall cease any use of the Software, delete it from his/her computer and destroy all complete and partial copies of the Software.
Article 9 – Applicable Law
The License set forth herein is governed by French law and is subject to the jurisdiction of the Courts having their jurisdiction for the Publisher’s registered office.
Article 10 – Language
This License is written in English Language. Any translation of this Agreement is provided for the user’s convenience only and has no legal effect.
In case of contradiction between some versions of this License, the French language shall prevail on any other language.