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Terms of subscription

CONTEXT
CLAVIS S.A.R.L (CLAVIS) provides online technical and scientific services on the website www.optical-calculation.com. These services include computation pages, tutorials and glossary in the field of photonics. Some of these services are reserved to people having acquired rights of use by a subscription. The present page defines the contractual agreements between a user having subscribed to the reserved service and the company CLAVIS.

DEFINITIONS
Reserved service: services available on www.optical-calculation.com only for authorized people (contractors) having acquired rights of use by a subscription to CLAVIS. They represent all services proposed on the website, therefore including the use of all calculations, all calculations features, all glass catalogs for calculations and the access to all tutorials (see "guide" page).
Contractor: any person or legal entity (company, laboratory, university,etc.) having subscribed or being in the process of subscribing to CLAVIS for using the reserved service available on www.optical-calculation.com.
User: anyone using the service with a license purchased by a contractor.

APPLICATION
Actual "Terms of subscription" apply to the subscription to the reserved service and the use of the reserved service available on www.optical-calculation.com website. The contractor declares to have read and accepted the "Terms of subscription" when subscribing. Any condition contrary to these "Terms of subscription" or any other document can not be opposed to CLAVIS whatever when it may have been brought to its attention. If any provision of these conditions were against the law, only this provision would be invalid.

LICENSE TYPES AND LICENSE ACQUISITION
There are two types of licenses. The "PREMIUM" license gives access to all the reserved services. The "STUDENT" license is for students only and give access to limited services. The services accessible to the different types of license are detailed in the features page. A contractor has the possibility to subscribe to several licenses (multi user licenses). The "STUDENT" licenses can only be aquired by universities and must be purchased with at least one premium license. When buying "STUDENT" licenses, the contractor undertakes to provide proof within 15 days that she/he belongs to a university.

SUBSCRIPTION DURATION
The subscription duration is one year from the date of payment. This duration is one month for a "free trial" subscription. "Free trial" subscription is only authorized once and is available for a period of time at the convenience of the service provider.

SUBSCRIPTION PRICE
The prices for single user and multi users licenses are detailed in the pricing page.
Laboratories and universities get two Premium licenses for the price of one and a 50% discount for more licenses. For this reduction to be applied, the contractors undertake to provide proof of belonging to a laboratory or a university within 15 days after the subscription date. Otherwise, the duration of the Premium license (s) will be reduced to 6 (six) months instead of 1 (one) year.
Any license subscribed by the "free trial" menu is free.

SUBSCRIPTION PROCESS
Paying license(s)
By subscribing, the contractor undertakes to provide exact and accurate information. The registration is done through the "subscription" page. The contractor has to agree the present "Terms of subscription" and click on the "subscription" button to be redirected to a page calculating the subscription price depending on the type of licenses and their number. Once the price is agreed, the contractor is redirected to a page for registering his/her information including email, password, currency and mean of payment. For instant on line payment (i.e. the chosen mean of payment is "Credit Card" or "Paypal"), the subscription is also instantaneous and an invoice is sent automatically to the contractor. For on line deferred payments (i.e. "SEPA debit"), a proforma is instantaneously sent by email to the contractor and the subscription is pending until payment is finalized. The invoice is then automatically sent to the contractor. For "Off line" payments, a proforma with "optical calculation" bank information is instantaneously sent by email to the contractor and the subscription is activated once the payment is carried out. In any case, the subscription starts on the date of payment.
Free trial
By subscribing, the contractor undertakes to provide exact and accurate information. The registration is done through the "free trial" page. The contractor has to agree the present "Terms of subscription" and click on the "Free subscription" button to be redirected to a page for information registration. Once the user's email and password have been registered, an email with an authentication link is instantly sent to him. The subscription is activated once the user has clicked on the authentication link.

USERS REGISTRATION
Each user who is not also a contractor must register on the "login" page by clicking on the "first login" button redirectirecting to the registration page enabling to enter the user email and password as well as the contract reference. For "Premium" licenses, the "contract reference" is the "contract ID" displayed on the "account" page only reachable by the contractor. For "Student" licences, the contract reference is the "contractID" with the suffix "STUDENT". The contractor is responsible to communicate to the users the "contract ID" displayed on her/his "account" page.

USERS ADDITION AND SUBSCRIPTION RENEWAL
The contractor can add users to the current contract at any time. The added users are able to use the reserved services until the end of the current contract. The price of the added licenses is calculated from the price for one year subscription in proportion to the remaining duration.
The contractor can renew her/his subscription for one year at any time. The subscription renewal is then activated automatically at the expiration date of the current subscription.

User addition and subscription renewal are processed by clicking respectively on the "Add user" button and the "Renew" buttons of the account page. These buttons redirect the contractor to a page enabling to select the type and/or number of users to add or include in the subscription renewal. Once the price is agreed, the payment process starts and is identical to the subscription process detailed above.

CONTRACTOR RESTRICTION
The right to use the reserved service is granted to authorized users only. Users are not authorized to transmit their credential to anybody neither to transmit their license to any third party, nor sublicense, loan, lease, distribute, sell or rent it. The contractor agrees to be responsible for the respect by the users of the rules mentioned above. The contractor is also responsible for her/his subscription and undertakes to be the sole contractor of the subscription he has taken out. The contractor is not authorized to transmit her/his credential to anybody neither to transmit her/his subscription to any third party, nor sublicense, loan, lease, distribute, sell or rent it. Likewise, If a contractor notices fraudulent use of her/his account or any of her/his users license, she/he engages herself/himself to immediately notify CLAVIS and change the relevant password.

HARDWARE LIMITATION
The contractor agrees that each user can only access the reserved services from a maximum of two identified different devices. These devices are automatically registered when the user employs them for the first time when logging into the service. A user can however connect from any device other than those registered. In this case, he must register it by replacing one of the two previously registered devices. The device to be replaced is chosen during the logging process in a form automatically displayed in the "login" page.

USER DATA
The contractor understands and accepts that each user is responsible for the data entered on the site. Therefore, the contractor releases CLAVIS from all liability for the loss of any user data.

SERVICE INTERRUPTION
The service can be interrupted or disrupted intentionally for maintenance or unintentionally in the event of a breakdown for example.
Any voluntary interruption or disruption of the service will be notified to the contractor by a banner displayed at the top of the home page on the site. These interruptions will generally be limited to 30 minutes. Any voluntary interruption or disruption of more than one hour issued by CLAVIS responsability will result in an extension of the subscription of the same duration than the interruption/disruption. The contractor thus agrees that no other compensation of any kind is owed to him by Clavis.
Any other event due for instance to a case or of force majeure or to a breach or error by a third party other than CLAVIS and resulting in a malfunction or an interruption of the service or server does not engage the responsibility of CLAVIS. In this case, the contractor thus agrees not to hold CLAVIS responsible for any malfunction, interruption or suspension of service, even without notice, and that no compensation of any kind is owed to him by Clavis.

INTELLECTUAL PROPERTY
The contractor understands and agrees that the service source code is CLAVIS property, that she/he is therefore neither authorized to have acces to nor to obtain it and even less to use it for any purpose including copying, distributing, reselling, reverse-engineering, modifying, adapting, improving, etc. The contractor understands and agrees also that any accessible material of the service (including but not limited to contractor interface architecture, pictures, graphisms, logos, identifying marks, trade names, trademarks, text, tree diagrams, etc.) are the property of CLAVIS and that any publication, reproduction or imitation of it, in whole or in part, without CLAVIS express prior written consent is prohibited whatever the reason and even less for commercial purposes. All these elements (service source code and accessible material) are protected by the provisions of the Code of Intellectual Property. It is recalled that in accordance with the provisions of the Code of Intellectual Property, any offender is liable to civil and criminal penalties provided for counterfeiting. The contractor agrees to comply with the provisions of the Code of Intellectual Property and understands that violation of these provisions may result in cancellation of her/his subscription and in legal action against her/him.

CLAVIS RESPONSIBILITY AND DISCLAIMER OF WARRANTIES
Although CLAVIS makes every effort to provide an effective and secured service and update it regularly, it can not guarantee its perfect accuracy, its completeness, reliability or quick time completion neither that it is bug free, error free, defect free, security breach free or omission free. Accordingly, the contractor acknowledges and admits that the service offered may be interrupted, may contain bugs, errors, defects, security breach or omission. The contractor understands and expressely agrees that CLAVIS cannot be held liable and therefore cannot be sued for the fact that the service is provided with interruption, bugs, errors, faults, security breach, or omission. The contractor recognizes and admits that the service is provided "as is" and "as available", that the use of the service is at her/his sole own risk and that CLAVIS cannot be held responsible for any prejudice of any kind suffered by the contractor, her/his organization or any other third party and arising or supposed arising from the use of the service. CLAVIS expressly disclaims all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by the contractor from CLAVIS or through or from the service shall create any warranty not expressely stated in the terms.
CLAVIS declines all responsibility for the contractor's inability to connect to the service or for the loss of her/his data. CLAVIS can therefore not be sued for resulting damages.
CLAVIS reserves the right to modify, suspend or discontinue the distribution of all or part of this site within existing commitments with the contractors.

LIMITATION OF LIABILITY
The contractor understands and agrees that compensation can be granted only for damage caused solely by the violation of expressly defined obligations incumbent on CLAVIS. In the event that CLAVIS is liable, the compensation that may be due to the contractor may not exceed the amount already paid by the contractor to CLAVIS in execution of this current subscription contract during the last twelve months.

PERSONNAL DATA
Contractor data are obtained from subscription/calculations forms and from cookies. The personnal data management policy is detailed in the privacy page which is part of the present terms.

VARIATION
These terms of subscription may be subject to change in accordance with the law without any notice from CLAVIS.

LAW AND JURISDICTION
Explicitly, after exhaustion of remedies amicably, court award is given to the competent courts of Marseille ( France ) for any dispute arising between the parties, even in case of referred, guaranty call or multiple defendants, with under French law.

ACCEPTATION
The contractor has read these terms and conditions of use and agrees to abide by its terms.

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