Hubforge Software License Terms

Creating an Account: You will need to create a Hubforge account to purchase a subscription and access the services that Delysis by ValueFeet agrees to provide to you as part of the subscription purchased. If you are creating an account on behalf of a company, such as your business or employer, you represent that you have the legal authority to enter into this Agreement and to create the account for such company. When creating your account, you agree not to use or provide any false, inaccurate or misleading information.

You may not transfer or disclose your user name and password to any other user. You remain responsible for all activities that occur under your account.

Legal Age: To open or use an account, you must be of the age of “majority” in your country of residence, or have valid permission from a parent or legal guardian to be bound by the Agreement.

Agreement and Acceptance of Terms: Your use of the Software is governed by these terms and conditions, which you accepted when you created your Hubforge Account. These terms and conditions constitute the Agreement between you and Delysis by ValueFeet. The order placed by you for the acquisition of a subscription implies an irrevocable acknowledgement on your part that :

(i) you have read the prior information provided on the Delysis by ValueFeet website regarding the contents of the Agreement, and

(ii) you have agreed to sign the Agreement electronically, and to receive a copy of the Agreement solely by electronic means, and

(iii) you have read these terms and conditions before placing an order, and

(iv) that you have read the Privacy Policy applicable to the Agreement, and

(v) you irrevocably agree to be bound by these terms and conditions, which constitute the purchase agreement (the “Agreement”) between you and Delysis by ValueFeet.

In addition, by using the Software you consent to the transmission of certain personal information about you, during activation and thereafter during any period of use of the Software, in accordance with the Privacy Policy of Delysis by ValueFeet. If you do not accept and/or comply with the terms and conditions of the Agreement, you hereby waive the right to use the Software or its functionality, the warranty set forth below, and any claim against ValueFeet.

Installation and Right to Use: The Software is not sold to you; the subscription grants you only a license to use it. Provided that you comply with all of the terms of the Agreement, we grant you the right to install and run copies of the Software on the devices you own and control. The right to run copies does not confer any additional license rights, provided that each license permits online access to the functionality of the Software to only one user.

If you want more than one user to have access to the Software at the same time, you will need to open sub-accounts and purchase sub-licenses for each of these sub-accounts. The components of the Software are licensed as a package.

Therefore, you may not disassociate or virtualize the components of the Software.

License Term: Your right to use the software is limited to the subscription period. Your subscription will automatically extend at the end of the term, provided you have complied with the terms and conditions of the Agreement. We will notify you before the expiration of the upcoming renewal (one week in advance for monthly subscriptions, one month in advance for annual subscriptions). You will then have the right to waive the renewal, by notifying us before the expiration date, otherwise the subscription will renew without further notice for the same term. After the expiration of your subscription, you will no longer have access to the features of the software.

Activation: Activation is performed using the code that Delysis by ValueFeet will send you after payment of your subscription. Activation associates the use of the software to a specific license. Activation is required for each license or sub-license. Activation identifies any unauthorized modifications to the software and prevents unauthorized use of the software.

Reactivation: You may need to reactivate the software if changes are made to components of your device or the software.

Activation Failure: During online activation, if the software’s licensing or activation features are found to be infringing or no license exists, the activation will fail. If the installed copy of the software is not properly licensed, you will be informed of this during the activation attempt. You will also be prompted to acquire a license for the software.

No modification: You agree not to circumvent or override any technological protection measures included in the Software, or

(ii) disassemble, decompile, decrypt, illegally penetrate, emulate, exploit or reconstruct the logic of the software or any of its components, or

(iii) separate any component of the Software for use on different devices, or

(iv) publish, copy, assign, rent, sell, export, import, distribute or loan the Software, except as expressly authorized by Delysis by ValueFeet; or

(v) transfer the right to use the Subscription Services, or

(vi) use the Subscription Services in any unauthorized manner.

Intellectual Property: This Agreement does not constitute an assignment of any intellectual property rights held by Delysis by ValueFeet in the software or its components. If you provide Delysis by ValueFeet with an idea, proposal or comment (together, “Suggestions”) regarding possible improvements to the Software, you grant Delysis by ValueFeet, free of charge and without the right to any royalty or other benefit whatsoever, all intellectual property rights in such Suggestions, including the right to make or cause to be made modifications to the Software based on your Suggestions, and the right to commercialize the Software incorporating such modifications.

Content: The data recorded or stored by you as a result of using the software (hereinafter “Your Content”), remains your exclusive property. We do not claim any ownership rights to Your Content, for which you remain solely responsible. Under no circumstances shall Delysis by ValueFeet be liable for the loss of Your Content, or for the fact that it contains illegal or third-party material. Nevertheless, but without prejudice to the foregoing, you agree to provide Your Content to Delysis by ValueFeet, and authorize Delysis by ValueFeet to use Your Content for the performance of the services that Delysis by ValueFeet is committed to provide to you under the subscription that you have purchased. You also authorize Delysis by ValueFeet to use Your Content in connection with sales or training presentations to others, provided that Delysis by ValueFeet will maintain your anonymity with respect to Your Content used for such purposes.

Code of Conduct: By entering into this Agreement, you agree to:

(i) not use the Software to violate any law;

(ii) not engage in any activity that exploits human beings or threatens their safety;

(iii) not use the Software to attempt to circulate spam, i.e., unwanted or unsolicited e-mail, postings, contact requests, SMS (text) messages or instant messages;

(iv) not circulate inappropriate content (e.g., pornography, offensive language, encouraging violence or criminal activity)

Delysis by ValueFeet does not circulate inappropriate content (e.g., pornography, offensive material, encouraging violence or criminal activity);

(v) not engage in fraudulent, deceptive or misleading activities (e.g., soliciting money, impersonating someone else, using the Delysis by ValueFeet Services without authorization.

Content Size: We reserve the right to refuse Your Content if it exceeds the storage capacity of our servers or the allowable file size.

Termination of Your Account: Delysis by ValueFeet may terminate your account if you fail to comply with the Agreement, or if your subscription is not renewed. You may close your account at any time and for any reason, without prejudice to the rights of Delysis by ValueFeet to require payment of the subscription until the due date. To close your account, simply use the “deactivate my account” function on our website. When you request to close your account, or if your account is closed due to non-renewal of your subscription, your account will be put on hold for six months, in case you change your mind. At the end of this period, your account will be closed.

Consequences of Closing an Account: In the event of termination of Your Account (whether by You or by us), Your right to access the Subscription Services shall terminate immediately, without prejudice, however, to Delysis by ValueFeet’s rights to demand payment of the Subscription until the due date. The personal data contained in your account or Your Content will be deleted (unless we are required by law to retain it).

Backup of Your Content: We advise you to use a backup program, and to regularly backup Your Content.

Internet access and equipment: The use of the software requires an Internet access and adequate equipment for the proper functioning of this access. Delysis by ValueFeet shall not be liable in any manner whatsoever for any failure or insufficiency of service, on the part of the Internet provider, for the insufficiency of the bandwidth provided by the Internet provider, or for the inadequacy or insufficiency of the equipment used for such Internet access.

Updates: We will notify you by email of information about software updates, or about services related to your subscription. A notice will also be posted on our website. Downloading of corrective updates is mandatory. If you do not download a corrective software update, Delysis by ValueFeet does not guarantee that the version of the system you have licensed will continue to function properly. Enhancement updates will be automatically available the first time you plug them into the Software. Some paid updates to add functionality to the software may be offered. It is your responsibility to notify us of any changes in your contact information.

Support: Customer support is available through our website. You can also send a complaint via our website.

Interference by third parties: Delysis by ValueFeet assumes no responsibility for interruptions or alterations of service due to interference or blockages resulting from applications installed by third parties on the devices used by the Customer to use the Software.

Availability: We make every effort to ensure that the services accessible via the software are available 24 hours a day, 7 days a week. However, all online services are subject to occasional disruptions and outages. In the event of a breakdown or interruption of the service, we will make every effort to restore it as soon as possible, but in no event shall Delysis by ValueFeet be liable for any losses suffered as a result of any interruption of service. Changes to the Agreement. We may amend these terms and conditions of use if

(i) it is required by applicable law, including a change in applicable law;

(ii) it is required as a result of advice and/or injunction based on applicable law; or

(iii) it is necessary for the evolution of the services you benefit from under your subscription;

(iv) it is necessary for technical reasons.

We will notify you of the change prior to its effective date through the user interface, by email or by other reasonable means. Your use of the Software after the effective date of the change will constitute acceptance of the new terms. If you do not agree to the changes, you must discontinue use of the Software and close your account.

No Access to Emergency Services: Delysis by ValueFeet is not obligated to provide emergency services for the Software and the services associated with your subscription.

Miscellaneous: No compatibility with MAC hardware. Delysis by ValueFeet may assign, transfer or otherwise dispose of its rights and obligations under these Terms, in whole or in part, at any time and without notice to you, provided that such assignment, transfer or disposition is not to your detriment. However, you may not assign, transfer or dispose of these Terms or any right to use the software or subscription services. These Terms, as amended from time to time in accordance with the foregoing, constitute the entire agreement between you and Delysis by ValueFeet with respect to your use of the Software or Subscription Services. If a court of competent jurisdiction finds that we cannot enforce any provision of these Terms as written, it will be replaced with a provision that most closely matches the intent of the provision found to be unenforceable, but the remaining provisions of these Terms will not be affected. These Terms are entered into exclusively for the benefit of the parties hereto. They shall not inure to the benefit of any other person, except for the successors and assigns of Delysis by ValueFeet.

Export Regulations: You agree to comply with all applicable national and international export laws and regulations that apply to the Software and/or the Subscription Services, including, without limitation, end-user, end-use and country of destination restrictions.

Governing Law and Dispute Resolution: The Agreement is subject to French law, excluding conflict of law rules. Any dispute concerning the Agreement shall be subject to the exclusive jurisdiction of the Commercial Court of Bordeaux, France.

Warranty: YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATION SYSTEMS ARE NOT FAILURE-FREE AND THAT INTERRUPTIONS IN SERVICE MAY PERFORM FROM TIME TO TIME. WE CANNOT GUARANTEE THAT THE SERVICES WILL OPERATE UNINTERRUPTED, SMOOTHLY, SECURELY OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES OTHER THAN THOSE EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-INFRINGEMENT.

Limitation of Liability: Delysis by ValueFeet shall not be liable in any manner whatsoever for any damage arising as a result of the Customer’s activity. Delysis by ValueFeet only undertakes to provide software that allows the Customer to model the horses’ feet and to configure the shoes that the Customer designs for subsequent manufacture according to the Customer’s specifications.