End-User License Agreement of UVI Workstation software (EULA)
As from 2022 June 10th
You (hereinafter “You” or “Customer”) wish to use UVI Workstation software (hereinafter “UVI Workstation”) registered on the website www.uvi.net (hereinafter “Website”).
This End User License Agreement (“EULA”) governs your use of UVI Workstation.
The EULA defines your rights and the conditions of use of UVI Workstation.
Article 1 – UVI Workstation access conditions
UVI Workstation is a free sample player multi-timbral instrument that provides integrated effects.
UVI Workstation is available for download on the Website in two versions, one for Mac OS and the other for Windows. The supported versions for these two operating systems are indicated on the Website.
You can download UVI Workstation directly from Portal, or from the following URL: https://www.uvi.net/uvi-workstation.html#download
An internet connection is required to download UVI Workstation.
Article 2 – How UVI Workstation works
UVI Workstation is completely free and fully compatible with all UVI and UVI-powered instruments. You don’t have to register on UVI’s Website to use UVI Workstation.
However, certain sound libraries utilized within UVI Workstation may require that You have an iLok account for licensing. You can download iLok License Manager software for free and create an iLok account at the following URL: https://www.ilok.com
Article 3 – Intellectual Property
UVI owns all intellectual property rights related to UVI Workstation.
You acknowledge the existence of these property rights and shall not take any action that may compromise, limit or interfere in any way with them. A license is granted to You on UVI Workstation in order to be downloaded and used within the present EULA.
This license granted to You on UVI Workstation expressly prohibits:
- Circumvent the technical limitations of UVI Workstation.
- Reconstruct the software logic of UVI Workstation, decompile or disassemble it, except to the extent expressly permitted by law.
- Publish the software to allow third parties to copy it.
All rights not expressly granted to You under this EULA are expressly reserved by UVI.
Article 4 – Update
You are notified through the Portal or by other means that updates to UVI Workstation may be available to You.
Such updates, patches or modifications may be necessary to enable You to continue using the features of UVI Workstation.
Article 5 – Warranty
UVI Workstation will function substantially as described in the accompanying UVI documentation.
Your access and use may be subject to the terms of your Internet service provider's contract. UVI shall not be responsible for the terms of your contract with your Internet service provider or for any problems that may arise in using or accessing the networks that may affect your use of UVI Workstation.
In the event of technical difficulties with UVI Workstation, UVI will do its utmost to provide you with the necessary support through its support service.
Subject to the legal guarantees from which Consumer Customers benefit, and reproduced hereafter, UVI declines all responsibility in the event of deterioration or loss resulting from incorrect installation of UVI Workstation by the Customers or the use of UVI Workstation with defective, incompatible or incorrectly installed equipment.
Similarly, UVI disclaims all liability for negligence in the use of UVI Workstation by the Customer, for inappropriate use or for use that does not comply with the manuals or restrictions for use provided with UVI Workstation or accessible on the Website.
Article 6 – Duration and termination
The EULA becomes effective at the time of downloading UVI Workstation and lasts for the duration of its use by the Customer.
UVI may terminate this EULA by operation of law in the event of a serious breach by You of these provisions if You do not remedy the breach within 15 days of the formal notice sent by UVI.
In the event of termination of the EULA, You agree to destroy all copies of UVI Workstation that you use, and You will no longer have access to UVI Workstation.
Article 7 – Liability
As UVI Workstation being completely free of charge, UVI cannot be held responsible for the use of UVI Workstation by the Customer.
In any case, if the UVI responsibility should be engaged, UVI shall only be liable for direct damage caused by its fault and which You can prove.
Article 8 – Applicable law and competent jurisdiction
These conditions are subject to French law.
ANY DISPUTE RELATING TO THE EXECUTION OR INTERPRETATION OF THE PRESENT CONTRACT WITH A NON-CONSUMER CUSTOMER SHALL BE BROUGHT BEFORE THE COMMERCIAL COURT OF PARIS.
Disputes with Consumer Customers shall be brought before the competent courts.
Article 9 - Miscellaneous
9.1 If one of the provisions of these conditions should be declared null and void or inapplicable, it will be modified in order to obtain its validity or will be deemed unwritten but will not lead to the nullity or invalidity of these provisions.
9.2 The fact that UVI does not, at any given time, avail itself of any of the provisions hereof, shall not be construed as a waiver of any of the said provisions.
9.3 For Consumer Customers: in accordance with the provisions of the Consumer Code applicable to Consumer Customers, the latter benefit from (i) the legal guarantee of hidden defects under the conditions of article 1641 of the Civil Code for a period of two years from the discovery of the hidden defect as well as (ii) the legal guarantee of conformity under the conditions of article L.224-25-12 and following of the Consumer Code, it being specified that UVI guarantees all its clients against defects in its Products in relation to their characteristics provided on the Site.
In accordance with the French Consumer Code, the provisions of Articles L. 224-25-12, L. 224-25-13, L. 224-25-14, L. 224-25-15 et L. 224-25-16 of the Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced in full below
Article L. 224-25-12 of the Consumer Code:
"The trader shall provide digital content or a digital service that complies with the contract and the criteria set out in Article L. 224-25-14.
Where the contract provides for a one-off supply of the digital content or service, or a series of separate supply operations, the trader shall be liable for any lack of conformity existing at the time of the supply and which appears within two years of the supply.
Where the contract provides for the digital content or digital service to be supplied on a continuous basis, the trader shall be liable for lack of conformity which becomes apparent during the period in which the digital content or digital service is supplied under the contract.
The applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 224-25-25.
The trader is also liable, within the same time limits, for lack of conformity resulting from the incorrect integration of the digital content or service into the consumer's digital environment where this has been done by the trader or under his responsibility, or where the incorrect integration done by the consumer results from shortcomings in the instructions provided by the trader.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.”
Article L. 224-25-13 of Consumer Code:
"The digital content or digital service conforms to the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract ;
2° It is fit for any special purpose sought by the consumer, made known to the trader at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is supplied with all the accessories, including packaging, installation instructions and customer support, to be provided in accordance with the contract;
(4) It is updated in accordance with the contract."
Article L. 224-25-14 of Consumer Code:
"I.-In addition to the compliance criteria set out in the contract, the digital content or service is compliant if it meets the following criteria:
1° It is fit for the purpose normally expected of digital content or a digital service of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as any technical standards, or in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where appropriate, it has the qualities which the trader has presented to the consumer in the form of a trial version or preview before the conclusion of the contract;
3. It shall be supplied in the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° In the case of continuous provision of digital content or a digital service during a given period, it is provided without interruption throughout that period;
5. Where applicable, it is provided with all the accessories and installation instructions and customer support that the consumer may reasonably expect;
6° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 224-25-25 ;
7° It corresponds to the quantity, quality and other characteristics, including in terms of functionality, compatibility, accessibility, continuity and security, that the consumer can legitimately expect for digital content or digital services of the same type, taking into account the nature of these contents or services as well as public statements made by the professional, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling
II - However, the professional is not bound by any public statements mentioned in the last paragraph of I if he demonstrates:
1° That he did not know them and was not legitimately in a position to know them;
2° that at the time the contract was entered into, the public statements had been corrected under conditions comparable to the initial statements; or
(3) that the public statements could not have influenced the decision to contract.
III.-The consumer may not contest compliance by invoking a defect concerning one or more particular characteristics of the digital content or digital service, which he was specifically informed deviated from the criteria for compliance set forth in this article, deviation to which he expressly and separately consented at the time of the conclusion of the contract."
Article L. 224-25-15 of Consumer Code:
"Where, on the occasion of the contract, processing of personal data is carried out by the professional, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, where such failure results in non-compliance with one or more of the compliance criteria set out in this section, shall be treated as a failure to comply, without prejudice to other remedies provided for by these texts."
Article L. 224-25-16 of Consumer Code:
"I.-Defects in conformity which appear within twelve months of the supply of the digital content or digital service shall be presumed to have existed at the time of that supply, in the absence of proof to the contrary. Where the contract provides for the continuous supply of the digital content or digital service during a given period, the burden of proof as to whether the digital content or digital service was in conformity during the contractual period of supply shall lie with the trader in the case of a lack of conformity appearing during that period. The trader shall not be liable for the lack of conformity if he demonstrates that the lack of conformity is directly attributable to the incompatibility between the digital content or service and the consumer's digital environment and that the consumer had been informed by the trader of the technical requirements for the compatibility of that content or service before the contract was concluded.
The consumer is obliged to cooperate with the trader, to the extent reasonably possible, necessary and least intrusive for him, in order to determine whether the lack of conformity is caused by that incompatibility. Otherwise, the burden of proof referred to in the first or second paragraph of I of this Article, shall lie with the consumer provided that the consumer has been informed in a clear and comprehensible manner of his obligation to cooperate before the conclusion of the contract."
Article 1641 of the French Civil Code:
"The seller is bound by the warranty for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them."
Article 1648 paragraph 1 of the French Civil Code:
"The action resulting from prohibitive defects must be brought by the purchaser within two years of the discovery of the defect."