The purpose of these general terms and conditions of use (hereinafter referred to as “GTCU“) is to determine the rules of use of the desktop application “Multicam systems” (hereinafter referred to as “Application“) published by Multicam Systems (hereinafter referred to as “Multicam Systems”).
By installing the Multicam Systems Application, as a user, you accept without condition or reservation all the terms and conditions of use defined below. If you do not wish to accept these GTCU, you will not be able to access the Application.
Any use of the Application must comply with these GTCU.
Article 1. DEFINITIONS
Terms beginning with a capital letter within these GTCU, whether used in the singular or plural, shall have the following meanings:
“Application” refers to the “Multicam Systems” software application published and provided by Multicam Systems. The Application is available as a paid licence to access different modules to produce video content in a simple way through intuitive interfaces.
“GTCS” refers to Multicam Systems’ general terms and conditions of sale and the specific terms and conditions of sale applicable to the products and Services it markets, which appear on the Website and apply in the same way to the Website and the Application.
“Services” refers to the various features and services offered by the Application.
“Website” refers to the official website of Multicam Systems whose address is as follows multicam-systems.com
“User” or “You” refers to an adult natural person or a minor natural person who has previously obtained the authorization of his or her parents or the person vested with parental authority.
Article 2. PURPOSE OF THE APPLICATION
The purpose of the Application is to allow you to produce video content under a paid licence to access different modules:
- IN SITU
This list is not exhaustive and may be modified at any time by Multicam Systems.
Article 3. ACCESS TO THE APPLICATION & FINANCIAL CONDITIONS
The Application is proprietary (a paid application).
Article 4. APPLICATION OF THE GTCU AND THE GTCS
The GTCU and GTCS are applicable to any user of the application and Services.
By purchasing the Multicam Systems licence, you accept the general terms and conditions of sale.
The User is invited to read carefully and at each visit the GTCU, which are accessible by hyperlink on the home page of the Application and which may be modified at any time and without notice by Multicam Systems.
The Application may be updated on a regular basis.
Article 5. INTELLECTUAL PROPERTY OF THE WEBSITE AND THE APPLICATION
Multicam Systems is the exclusive owner of all intellectual property rights relating to the Application and its content.
Without prejudice to the provisions of Article 7, none of the provisions of the GTCU may be interpreted as an assignment, transfer, sale, franchise, licence, loan, lease or operating authorization granted directly or indirectly by Multicam Systems for the benefit of the User on the Application.
In addition, the Website, the Application, any software used on the Website or the Application and the data constituting the Website, the Application and their content whatever their nature (text, photography, images, sounds, videos, graphic elements, etc.) (hereinafter the “Properties”) may be protected under intellectual property law and belong to Multicam Systems and/or third parties. The User shall therefore refrain from copying, modifying or integrating the Properties on any medium whatsoever, and from reverse engineering or using any other method to attempt to access the source codes and/or protocols of the Properties.
The User shall also refrain from selling, assigning, licensing, sub-licensing, transferring, guaranteeing or transmitting the Properties in any way whatsoever. It is recalled that all distinctive signs and in particular trademarks and logos are, and remain, the property of Multicam Systems or the holders of the intellectual property rights concerned. Recognizing these exclusive rights on these signs, the User agrees not to make any use of them other than that related to the use of the Website and the Application and not to infringe the intellectual property rights of Multicam Systems or those of the holders of the rights concerned.
Article 6. APPLICATION LICENCE AGREEMENT
Multicam Systems grants the User a personal right to use the Application, its content and Services, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free of charge solely for his/her own use in connection with the use of the Application and Services, to the exclusion of any other purpose.
The User is strictly prohibited from accessing and/or using the source codes of the Application and/or the software components of the Application.
The User does not acquire any intellectual property rights on the Application, the content and/or the Services or any rights other than those granted herein and shall consequently refrain from copying, modifying or integrating the intellectual property rights on the Application on any medium whatsoever, and from reverse engineering or using any other method to attempt to access the source codes and/or protocols of the Properties.
This licence does not grant the User any right to use the content. The User shall therefore refrain from reproducing, representing, adapting and/or exploiting any of the content. The User expressly undertakes that the use of the Application shall in no way infringe Multicam Systems’ rights, and in particular that such use shall not constitute an act of counterfeiting or unfair or parasitic competition of the content.
This user licence is granted exclusively to the User for the duration of use of the Application.
Article 7. USER OBLIGATIONS
The User undertakes in particular:
- not to reproduce the Application permanently or temporarily, in whole or in part, by any means and in any form;
- not to use any software or processes to copy the content without the prior written permission of Multicam Systems;
- not to adapt, modify, translate, reproduce, arrange, compile, decompile, assemble, disassemble, transcode, or reverse engineer all or part of the Application, Services and/or content;
- not to export the Application, to merge all or part of the Application with other computer programs;
- not to issue short quotes, analyses and reproductions for press reviews and other uses expressly authorized by law within the limits and conditions set by the law and subject in particular to mentioning the names of the authors and the editorial source;
- to expressly renounce the use of software or devices likely to disrupt the proper functioning of the Application, nor to take any action likely to impose a disproportionate burden on Multicam Systems’ infrastructures;
- not to extract or reuse, including for private purposes, without prior written authorization from Multicam Systems, a substantial or not part of the content of the databases and archives constituted by the Application;
- not to set up systems likely to pirate the Application and/or content in whole or in part, or likely to violate these GTCU;
- to inform Multicam Systems as soon as they become aware of an act of piracy and in particular of any illegal or non-contractual use of the Application and/or content regardless of the method of distribution;
- not to sell, rent, sublicence or distribute in any way the Application and/or content to third parties, without prior written authorization from Multicam Systems.
In general, any use of the Application and/or Website Properties is prohibited without the express prior written consent of the holders of the relevant exclusive rights.
Article 8. PROTECTION OF PERSONAL DATA
The use of the Website and the Application may result in Multicam Systems and, where applicable, its partners, processing the User’s personal data.
Article 9. AVAILABILITY OF THE APPLICATION
Multicam Systems undertakes to do its best to secure access, consultation and use of the Application Services. For support purpose, the User can authorize that the Application is accessible 24 hours a day, 7 days a week except in the event of force majeure or an event beyond the control of Multicam Systems and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Application. Maintenance interventions are carried out with prior notification to Users.
Article 10. WARRANTY LIMITATION
Access to and use of the Application is at the User’s own risk.
The Application and software are provided “as is” and “as available” without a warranty of any kind.
It is the responsibility of all Users to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any breach.
The User declares that he/she knows and accepts the characteristics and limits of the Internet network and, in particular, the functional and technical performance characteristics of the Internet network; problems related to connection and/or access to the Internet network and/or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to information posted online, response times to display, consult, query or otherwise transfer data; risks of interruption; lack of protection of certain data against possible hijacking or hacking; risks of infection by possible viruses circulating on said networks, etc. for which Multicam Systems cannot be held liable.
Multicam Systems cannot be held liable:
- in the event of a data transmission failure, loss, delay or error that is beyond its control;
- for sending messages and/or data and to a false, incorrect or incomplete address;
- if data were not received, for any reason whatsoever, or if the data it received were unreadable or impossible to process;
- in the event that the User is unable to access or use the Site, Application and/or Services for any reason whatsoever;
- if, for any reason, the connection had to be interrupted.
Article 11. EVOLUTION OF THE GENERAL CONDITIONS OF USE
The applicable GTCU are those in effect at the date of connection and use of the Application by the User.
Multicam Systems reserves the right to modify, at any time, all or part of the provisions of the GTCU without prior notice or information to Users in order to adapt them to changes in the Services or to technical, legal or jurisprudential developments or when setting up new services.
Any modifications made by Multicam Systems to the GTCU will be brought to the attention of Users by simply posting them online. They are deemed to have been accepted without reservation by any User who accesses the Application after the said posting. Multicam Systems therefore recommends that all Users consult the GTCU regularly.
Any new Service incorporating new techniques or features that improve the quality of the existing Services will also be subject to these GTCU, unless otherwise expressly provided.
Article 12. TERMINATION
Multicam Systems may terminate the use of the Application at any time if licensing is not fully purchased.
Upon any termination, the rights and licences granted to You will be terminated and You must cease all use of the Application.
Article 13. CONTACT
Any questions regarding the Application and/or Services should be addressed to: Multicam Systems – 94 rue des Sorins 93100 Montreuil Phone:+33 9 72 58 67 28or via this contact form.
Article 14. APPLICABLE LAW
These GTCU are subject to French law.
Any dispute or controversy relating to the execution or interpretation of these rules and regulations which cannot be settled amicably between the parties shall be submitted to the competent courts within the jurisdiction of the Bobigny Court of Appeal.
Done in Montreuil (FRANCE), 2020 January 1st.