1. The subject of the contract
Neomytic sc, a company incorporated under Belgian law, located at 30 rue Félicien Deneumoustier 5001 Belgrade Belgium, registered with the ECB under number BE 0825.289.955 (hereinafter referred to as "Neomytic") provides a link allowing to download, from the Teamy site (https://www.teamy.be) owned by Neomytic, the Teamy software (hereinafter referred to as the "Software").
This license agreement (hereinafter referred to as the "Contract") is intended to grant non-exclusive rights to use the Software to any natural or legal person within the framework of their activity wishing to benefit from a license to use the Software ( hereinafter referred to as "the user").
The user expressly accepts the conditions provided for in this Agreement and undertakes to comply with them in the context of the use and handling of the Software. < / li>
The Software is intended for use by users of the Microsoft 365 Education platform (school) with sufficient rights s on this said platform.
2. Scope of license
The Agreement is effective upon installation of the Software by the user on a computer.
The user may install the Software on as many devices as desired.
The license to use the Software, granted under the Agreement and for the duration thereof, allows the user to use the Software for its intended purpose and for its needs. clean. This right is non-exclusive.
With the exception of the backup copies necessary to preserve the use of the Software, the user is not authorized to make any copies of the Software.
< li> Unless otherwise stipulated, the use of the Software in its basic version is free.
Certain so-called "advanced" functions of the Software require the purchase of an annual subscription
The user acknowledges that the Software is protected by copyright. The Software and the related copyright belong to Neomytic.
The License does not include the transfer, to the Licensee, of the ownership of Neomytic on the Software, for example copyright or, where applicable, patent rights.
Apart from the rights granted in article 2 of this Agreement, the user is not authorized to reproduce, modify, edit, translate, recompile or decompile the Software, reverse engineer it or manufacture derivative works, whether these operations are temporary or final, partial or complete, or reproduce the Software in a manner other than referred to in points 2.2. and 2.4, or to publish, distribute free of charge or against payment, rent or resell the Software or make it accessible to third parties, for example by means of the Internet.
The Software is deemed to be installed and used as soon as it has been loaded into random access memory and saved in permanent memory of the user's computer. Neomytic does not assume responsibility for the installation of the Software.
Neomytic provides online information for the installation and use of the Software. The user is not entitled to any other assistance or training. Any support or assistance provided by Neomytic must be agreed on a case-by-case basis and will be billed to the user through a contract provided for this purpose.
5. Compensation and assignment
The user is not authorized to grant sub-licenses, to offset his rights towards Neomytic with those held by Neomytic or to assign the License to third parties. li>
The user is not authorized to provide remunerated services to other users through the use of Teamy without financial compensation towards Neomytic. Without prior negotiation, the integrity of income related to the use of Teamy will be due to Neomytic.
6. Guarantee and responsibility
The user acknowledges that Neomytic assumes no risk related to the use of the Software and that the user assumes the risk of damage or loss of data due to use of the Software during the entire period of use of the Software.
The user alone assumes responsibility for purchasing the operating system (s) as well as any (s) ) other license (s) and any other software (s) necessary to allow it to use the Software under the conditions provided for in this Agreement.
Although Neomytic has developed the Software with With the utmost diligence and skill, Neomytic does not guarantee that the Software is free from anomalies and that its operation is uninterrupted and / or error-free, or that errors can be entirely eliminated. Consequently, the user is reminded that it is his responsibility to take all the necessary steps to establish adequate repair plans and any appropriate measure to minimize the harmful consequences linked in particular to a possible interruption of operation or a possible loss. of data generated by the Software as a result of its use.
It is the sole responsibility of the user to constantly check whether an updated version of the Software is available. Hereby, it is expressly agreed that the user is not authorized to demand an updated version of the Software.
The user is aware that it is essential that he has knowledge sufficient techniques to use the Software.
The user accepts that neither Neomytic nor its agents are liable for any damage relating to the Software, unless such damage is due to gross negligence or fault intentional on the part of Neomytic or its agents, or in the event of damage to life, body or health. In any case, Neomytic's liability is excluded for non-material damages and indirect damages, in particular damages relating to the loss of income, turnover, profit, contracts, etc., to the infringement. to the image, or any other immaterial and / or indirect damage.
7. License expiration
The License ends automatically when the Software is uninstalled.
If Neomytic decides to no longer provide a certain module of the Software, Neomytic will announce it in due time on the site Internet https://www.neomytic.be or https://www.teamy.be or any other communication channel known to the user, without the user having, in this case, the right to compensation.
Neomytic has the right to terminate the Contract and, consequently, also the right to use the Software, without formality, with immediate effect and without the user having the right to any compensation. , in case of breach by the user of one of the following obligations:
The user infringes the intangible properties of Neomytic on the software,
Decompiles or modifies the Software, < / li>
Violates the obligation of confidentiality referred to in point 9,
Violates points 5.1 and 5.2 of this Contract,
Carry out acts which could affect harm to the corporate purpose, the value of the business or the reputation of Neomytic.
In the event of breach by the user of another of his obligations incumbent under this Contract, and if this breach is not corrected within 14 days of receipt by the user of a registered letter with acknowledgment of receipt notifying this breach (the date of the first presentation being proof ), Neomytic will be authorized to terminate the Contract under the conditions provided for in article 7.3
8. Software restitution
At the end of this Agreement, whatever the reason for the termination of the Agreement, the user must immediately cease use of the Software and remove all of the constituent elements of the Software. its possession, including the media and all copies made thereof. In this context, the user will confirm in writing to Neomytic that he has fully fulfilled this obligation.
The user is bound by the strictest confidentiality with regard to the Software and the data supplied by Neomytic.
The Software as well as all documents, drawings, illustrations and information remains in all circumstances the exclusive property of Neomytic, sole holder of the intellectual property rights on these documents, and must be immediately returned to Neomytic on request. The user undertakes not to make any use of these documents liable to infringe the industrial or intellectual property rights of Neomytic and undertakes not to disclose them to any third party.
In particular, the The user will take all necessary measures to prevent unauthorized copies of the Software from being made and transmitted to third parties.
The confidentiality obligation comes into force upon the conclusion of this Agreement and will also remain applicable after the expiration of the License and these general conditions.
10. Safeguard Clause
If, for any reason whatsoever, certain clauses of these general conditions or of an agreement between the user and Neomytic are null and void or unenforceable, the validity of the other clauses n will not be affected. The null and void or unenforceable clause shall be replaced by a clause which comes closest to the purpose of the valid clause.
11. Use of data
Neomytic collects personally identifiable information, such as your email address, name, and school address.
Neomytic collects and uses this information to ensure the proper functioning of the software, ensure compliance with the Contract and produce software usage reports.
Neomytic does not sell or rent this data to third parties.
< li> Neomytic does not disclose this data to third parties without the consent of the user.
Neomytic may also contact you through surveys to conduct research on your opinion of current services or of new potential services that may be offered.
On simple request, Neomytic undertakes to provide a copy of the user's data
On simple request, Neomytic undertakes to delete all user data, if the user agrees to no longer use the software and uninstall the software.
12. Competent court
All disputes arising from the conclusion, interpretation, execution or termination of this Contract, will be submitted to the Tribunal de entreprise of Namur notwithstanding multiple defendants or warranty claims, even for emergency procedures or conservatory procedures. Neomytic also reserves the right to bring any dispute before the Courts of the user's domicile.
13. Applicable law and interpretation
This Contract is subject to Belgian law, to the exclusion of any other legislation, in particular the United Nations regulations on the international sale of goods (CISG).