![]() ![]() Any program owned by a third party, available as part of the Software, may be removed at any time by DxO. Subject as specifically excluded in this Agreement, the Third Party Software will be considered part of the Software. ![]() “Third Party Software” means any computer program which is owned by a third party other than a member of the DxO Group and which is made available to you by us as part of the Software. “License” means the license granted by us to you to use the Software and the Documentation in accordance with the terms and conditions of this Agreement. “Service Hours” means the hours, set out on the DxO Web Site, during which we may provide Software Support to you as described on our Web Site. “Invoice” means the invoices obtained from your distributor or from DxO during an online purchase. “Licensed Copies” means the number of copies of the Software and the Documentation licensed, as applicable and as set forth in your Invoices or your user account. Upon payment of the price, the Feature is considered as full part of the Software. “Features” means any new or optional functionality of the Software offered during the execution of the Agreement in return for payment of an additional price. “Error” means a material and reproducible critical failure of the Software to function substantially in conformity with the Documentation. ![]() “Designated Environment” means the computer equipment and software operating system set out in the DxO release notes, contained either on the Software package or from its download or online sale site and which may be amended on a regular basis. “Damages” means any losses, damages, costs (including reasonable attorney’s fees) or liabilities. This documentation may be printed, “on line” or electronic. “Documentation” means any document supplied to you when you purchase a Commercial Version or Trial version of the Software, which contains a description of the Software and its functionalities. “Delivery Date” means the date of the Software’s download as performed by you. DxO Labs is a company incorporated under French law, registered with the Commercial Register under number 444 777 577, operating under Intra-Community VAT number FR64444777577, and headquartered at 3 Rue Nationale, 92100 Boulogne, France with the telephone number of +33 1 55 20 55 99. “DxO” or “DxO Group” means the company DxO Labs S.A and its direct or indirect subsidiaries. “Agreement” means this agreement and where applicable, the invoice related to the purchase of the Software. Therefore, from your first use of the Software, you agree that DxO Labs or the owner of any Third Party Software included in the Software will be entitled to enforce the terms of the Agreement against you. Your acceptance of the Software and present Agreement will be deemed to occur at the date of your first installation of the Software. If you do not agree to be bound by the terms of this Agreement, do not install the Software. This Use License Agreement (the “Agreement”) is a legal agreement between you (either an individual or a single entity – hereafter “you” or “your”) and DxO Labs for the DxO Labs Software(s) installed at your workstation (the “software”). ![]()
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