00. PackshotCreator Software Insurance

00. PackshotCreator Software Insurance

Article 1
The purpose of this contract is to provide the Client with any and all corrections, extensions or innovations in PackshotCreator software downloaded from the PackshotCreator website : https://user.packshot-creator.com/.
 
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.
The provision of programs altered in accordance with compatibility modifications in Canon or Nikon cameras. The list of supported devices is available on the following page : https://esupport.packshot-creator.com/portal/kb/articles/02-compatible-cameras.
 
Not 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 systems.
The non-PackshotCreator components and software tools required for PackshotCreator software upgrades.
Modifications made especially for the Client (such as specific requested features).
 
Article 2
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 on the https://user.packshot-creator.com/ website.
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.
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 from the internet address: https://user.packshot-creator.com/, which will be invoiced at the rate applicable at the day upon which the new request is made.
 
Article 3
The client may request assistance on the website https://esupport.packshot-creator.com.
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.
 
Article 4
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.
 
 
Any 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 or viruses.
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 security reasons.
The 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.
 
Article 5
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.
 
Article 6
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.
 
Article 7
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.

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