Software terms of use

Access to the software products (hereinafter referred to as "Software Products") of ESI GROUP (hereinafter referred to as "ESI") is possible subject to compliance by the User (i.e. the person accessing the Software Product) with the present TERMS AND CONDITIONS OF USE (hereinafter referred to as "TCU").

You are advised to read the TCU each time you visit this website, as they may be amended at any time without notice.

I. ACCEPTANCE OF GENERAL CONDITIONS OF USE

Use of the Software Products, whether free of charge or requiring payment, implies the User's agreement to abide by the TCU.

Where the User has access to Software Products, the ESI Master Agreement or any specific contract ("Agreement") entered into between ESI and the User's company ("Company") to which the User has subscribed shall prevail over the TCU even in the event of contradiction.

The Software Products are intended for reasonable and normal use.

II. LICENCES

Access to Software Products is defined in the quotation drawn up between the User's company and ESI. The quotation ("Quotation") is the contractual document arising from the Agreement which individually designates the Software Product(s), the duration, the territory, the financial conditions and the specific conditions of use (including the type of license).

There are three license categories at ESI:

• Commercial license: contractual authorization to use the Software Product, in the form of a readable object or machine only, for commercial purposes. Use of the Software Product is limited to the Company's own personnel or to external parties working on behalf of the Company, for its own projects or projects for its own customers.
• Trial license: contractual authorization to use the Software Product, in object/machine-readable form only, for the purpose of evaluating the Software Product only. Use of the Software Product is limited to employees, with no right to use it for operational purposes. Trial licenses may under no circumstances exceed a duration of three months (with no possibility of renewal). No trial licenses are granted for controlled products (export control).
• Non-commercial license: contractual authorization to use the Software Product limited to internal needs and not used for the benefit of third parties. Use of the Software Product is limited to the Company's personnel and, if the Company is an academic entity, to its students.

For the trial license and the non-commercial license, the User is not entitled to perform computer services (simulation services) for third parties (such use implying the granting of a commercial license).

The User may not demonstrate the Software Product to competitors or resellers of ESI's competitors.

The duration of access to Software Products is defined in the Quotation concluded between the Company and ESI.

III. ACCESS TO THE SERVICE

ESI undertakes to do everything in its power to provide the User with reliable and rapid access to the Software Products.

The User declares that he/she has accepted the costs and limits of connecting to the Internet.

The User, informed of the minimum specifications communicated by ESI, is responsible for accessing the Software Products in good technical conditions - hardware, software, telecommunications - in order to ensure, in particular, all backup measures as well as protection against possible intrusions.

Installation of the Software Product (and its eventual updates) is the responsibility of the User and must be performed in accordance with the installation instructions provided by ESI. Installation support may be provided under the terms of the Agreement.

The User is solely responsible for access to the Software Product, and any use made of it prior to modification or cancellation of the means of access remains the User's responsibility.

ESI provides technical support to assist Users in resolving technical problems related to the Software Product in accordance with the provisions of the Agreement.

IV. INTELLECTUAL PROPERTY

ESI hereby declares that it is the owner of all intellectual property rights to the Software Product or that it is authorized by the owner of said rights to market the Software Product; and certifies that there is no infringement of any third party's intellectual property rights. Access to the Software Product implies acceptance of a non-exclusive, non-transferable license to use the Software Product, formulated by direct validation on the screen when connecting to the Software Product.

Subscription to any form of access to the Software Product does not entail any transfer of ownership of the Software Product of any kind whatsoever to the User.

The User is free to use the results of data processing by the Software Product (the "Results"). ESI transfers exclusively to the Company all intellectual property rights on the Results for the entire duration of the intellectual property and for the entire world.

The User is also free to make hard copies of the graphical user interface of the Software Product to show or publish the Results. Any publication or representation of the screen must bear a visible mention of ESI Group in the following form: "(software published by ESI Group, reproduction of the screen made with its authorization)".

For the Software Product user manual provided in electronic form, permission to print one copy per User is hereby granted.

As a reminder, the User has NO right :

1. to sublicense or redistribute the Software Product, whether in return for payment or free of charge;
2. extract data, by any means whatsoever, from any database of the Software Product for any use incompatible with the intended use of the Software Product;
3. to correct errors, because only ESI has the right to correct errors;
4. unless authorized by law, reproduce, translate, reverse engineer, decompile, modify or communicate all or part of the Software Product (including source code), including the contents of the user manual, for any purpose whatsoever, or create derivative works based on the Software Product or documentation or any part thereof, or engage or assist any third party to do so, without the written consent of ESI in a separate agreement;
5. publish or communicate to third parties (outside the User’s group or organization, where applicable) reference (or benchmark) results without ESI's prior written authorization;
6. repackage or incorporate directly or indirectly any part of the Software Product into another product:
7. to obtain access to the source code, whether through an escrow agreement or otherwise.

V. RESPONSIBILITY

The User is solely responsible for consulting, selecting, using and interpreting the Results, as well as for any actions deduced therefrom.

ESI cannot be held liable, either to third parties or to the User, for the consequences of the use of search Results by the User or for omissions following an unsuccessful, defective, partial or erroneous search, or for the misuse of the Results obtained.

Consequently, ESI may not be held, by virtue of an express or tacit obligation, to be civilly liable towards the User or third parties for any direct or indirect damage arising from the use of the Results.

In no event shall ESI be liable for any damages whatsoever, including but not limited to, business interruption, loss of data or other financial loss, arising out of the use or inability to use the Software Product. In addition, no assistance provided by ESI in the use of the Software Product shall create any additional warranty with respect to these terms and conditions.

VI. PERSONAL DATA

The information collected is processed for the purpose of managing the supply of all Software Products and services, and for other additional purposes in accordance with the Privacy Policy - personal data https://www.esi-group.com/data-privacy-terms-for-clients .

In accordance with our privacy policy, we collect usage data for billing and accounting purposes and to enhance and improve our products, content and user experience.

In accordance with applicable regulations on the protection of personal data, any person has the right to (i) access, (ii) rectify, (iii) delete, (iv) limit, (v) portability of data where appropriate and (vi) object to processing at the following address dataprotection [at] esi-group.com , subject to proof of identity where appropriate.

VII. BACK TO THE SOFTWARE PRODUCT

ESI shall be free to use without restriction any Feedback on the Software Product communicated by the User to ESI, regardless of the format of communication, and the User shall not be entitled to any rights in or compensation for such modifications. The User waives, releases and assigns all rights, if any, to such ideas, suggestions, modifications or comments to ESI.

“Feedback" means the communication by the User of ideas, suggestions, advice or other information, including but not limited to the results of the User's testing or suggested improvements to the Software Product.

VIII. TERMINATION

If the User does not respect his rights to use the license granted by the Agreement, the Quotation or the TCU, ESI will have the right to immediately terminate the Agreement and therefore the license granted, after formal notice by letter.

Upon receipt of the termination letter, the User undertakes to remove or delete the Software Product, including all backup copies, and to return or destroy all copies of the user manual without delay. The User must immediately send ESI written confirmation that this obligation has been fulfilled.

IX. APPLICABLE LAW - JURISDICTION

For any dispute concerning the interpretation or execution of the TCU, the place of jurisdiction is the court of the district in which the Software Product is used by the Company. The local law of the Agreement (i.e. the law of the place where the Software Product is used), will govern the TCU both for its interpretation and its execution.

For any dispute concerning the execution of several licenses used in different countries, the competent court will be that of the district in which the Company has its registered office.