of this contract is to provide the Client with any and all corrections,
extensions or innovations in PackshotCreator software.
This agreement covers the following services :
The provision of corrections as a result of programming errors by Ortery
in PackshotCreator software.
The provision of specific adjustments, corrections, developments and
extensions in PackshotCreator software (basic software and associated modules)
compatible with the solution.
The provision of programs altered in accordance with changes in
Microsoft or MacOS operating systems, in connection with existing features.
included are the following :
Any form of user training or assistance, including by phone.
Operations and interventions caused by circumstances not covered under
normal use of the applications (such as : system failure, abnormal shutdown,
loss of electric supply).
Errors in software use (such as : the deletion of core information needed
for the software to function properly).
Assistance with software or equipment issued by any entity other than PackshotCreator,
even if these were purchased from PackshotCreator, i.e. operating systems,
Adobe Photoshop, as well as software and any other equipment (such as cameras)
required to operate PackshotCreator software.
Costs incurred for travel or for the provision of services related to
installing a software update on site at the Client’s place of business.
Interventions of any kind on the equipment, solutions, or operating
The non-PackshotCreator components and software tools required for
PackshotCreator software upgrades.
Modifications made especially for the Client (such as specific requested
This contract is concluded with Ortery Technologies, Inc., incorporated
under the laws of the State of California, 15 Hammond Suite 313 – Irvine, CA
92618 – United States of America, for the duration of one year, and comes into
effect on the day PackshotCreator software is registered and downloaded.
Should the contract not be renewed on its anniversary date, the Client
will no longer have the right to access the services arising under Article 1,
in particular software updates and downloads.
If the Client wishes to obtain new software updates following the
non-renewal of the contract, Client will be required to obtain a new contract by contacting PackshotCreator team.
By explicit agreement, PackshotCreator’s duty to provide assistance is
considered solely an obligation of means, where PackshotCreator commits to
making best efforts to deal with the problems expressed by the Client in
Client’s request for assistance, with no guaranteed outcome.
Moreover, the client commits to providing, free of charge, all
information, assistance, and facilities which PackshotCreator may request in
order to fulfil this contract under normal conditions.
Before requesting assistance from PackshotCreator, the Client will
verify whether the equipment and applications have been used in accordance with
all relevant operating instructions.
Any software malfunction noted by the Client must immediately be
reported to PackshotCreator in writing.
Client commits to verifying the proper functioning of the programs
before implementing them for operational use.
PackshotCreator will take all reasonable measures to ensure the accuracy
of the programs, documentation, advice and interventions which it is required
to provide under this agreement.
PackshotCreator commits to rectifying, to the best of its knowledge, any
inaccuracies or omissions which may appear in programs or services which are
directly imputable to it.
monetary damages whatsoever which the Client may claim will be limited to a sum
no greater than 250 €uros per incident, even if the incident
results from several serious errors or grave negligence by PackshotCreator.
PackshotCreator cannot be held responsible for force majeure events such
as fire, water damage, interruptions in power supply, strikes, wars, staff
shortages, transport difficulties, delays by PackshotCreator’s suppliers, as
well as outages, breakdowns or interference due to climatic or other phenomena
PackshotCreator cannot be held liable if a software intervention must be
carried out by the Client or by an external service provider for technical or
Client’s claims for any damage imputable to PackshotCreator are
subject to a limitation period of one year from date of knowledge of the facts
which caused said damage.
The undersigned may not, while the contract is in effect and for a
period of one year thereafter, employ or compensate a member of staff from the
other contracting party in any manner, except by prior written agreement from
the latter. In case of a breach of this clause, PackshotCreator will be
entitled to claim compensation amounting to approximately the gross annual
income of said employee.
This contract cancels and supercedes any prior contract between the
parties established for the same purpose. Any changes must be agreed in writing
by all Parties concerned.
This contract is solely subject to French law, and the courts at the
registered office of PackshotCreator shall have sole jurisdiction with respect
to any disputes arising from it.