END USER LICENSE AGREEMENT

Last updated 07/10/2023

ITLiveMaps Standalone is licensed to You (End-User) by enioka conseil, located at 13 rue du Mail, 75002 Paris (“Licensor“), for use only under the terms of this License Agreement. We are registered in France and have our registered office at 13 rue du Mail 75002 Paris. Our VAT number is FR47840677801.

By using ITLiveMaps Standalone , You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that the various providers of web browsers are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. enioka Conseil, is solely responsible for the Licensed Application and the content thereof.

ITLiveMaps Standalone transacted through the activation of a nominative user account is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You.

This End User License Agreement was created by Termly’s EULA Generator.

1. THE APPLICATION

ITLiveMaps (“Licensed Application“) is a piece of software created to model IT Systems— and customized for the major web browsers (“Browsers“) : Firefox, Google Chrome, Microsoft Edge, Apple Safari. It is used to model various aspects of IT systems and share this model with other users in a visual and interactive way. Furthermore, it can be used to support various specific purposes as Large Project Support, IT Transformation Programs Planning, IT Project Portfolio Management, Application Portfolio Management.

ITLiveMaps Standalone is a specific Edition of ITLiveMaps dedicated to be used as a free demonstration of the capabilities of the full solution, and/or as a restricted usage for individual users, for both personal or professional use.

ITLiveMaps Standalone is not appropriate for use in a multi user environment, and has no intrinsic capabilities of information sharing between users that other editions offer. However, manual sharing of data can be achieved by third party tools to store the data in a file.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate any law or third party licence

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to use the Licensed Application from any Devices that You (End-User) own or control and as permitted by the Usage Rules, with a personal account Registered by our website.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with enioka Conseil‘s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with enioka Conseil‘s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 You may not copy or download the Licensed Application on any computer or device for a local execution or any other use. Only an online use of the Licenced Application is authorized by the present License Agreement.

2.7 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.8 Licensor reserves the right to modify the terms and conditions of licensing.

2.9 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The Licensed Application requires recent web browser versions (Firefox (Version 117+) , Google Chrome (Version 117+), Microsoft Edge (Version 117+), Apple Safari (Version16.5+) ). Licensor recommends using the latest version of the web browsers for security reasons.

3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the supported browsers listed. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 You acknowledge that it is Your responsibility to confirm and determine that the end-user device on which You intend to use the Licensed Application if used in a professional environment is authorized to access the Internet and to use the Licensed Application in your company.

3.5 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. NO MAINTENANCE AND SUPPORT

4.1 enioka Conseil is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application in the Standalone Edition. For support ask for one of the supported Editions (Basic, Standard, or Enterprise).

4.2 enioka Conseil and the End-User acknowledge that the editors of the afore mentioned Browsers have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USE OF DATA

The Licensed Application requires no data but a valid email address that will be used to validate and recover your personal account. This email address will be challenged periodically to check its validity. Information about IT LiveMaps may be sent on this email address to keep you informed on service evolutions and new features. This email address will be destroyed with your account in case you close your account and you will no longer receive any email. Your account can be closed, directly from the website, with effect within one day.

The Licensor guarantees that this personal information collected will not be used nor communicated to any third party and that it will be protected with state of the art practices.

In this edition, the Licensed Application does not handle ANY of your data on its server, all the data is processed locally on your web browser. No data is communicated to the server, except for the initial authentication of your account. Hence, the Licensor has no liability to any information you handle in the Licensed Application.

You acknowledge that Licensor will be able to use Your personal information for this purpose, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor.

The Licensor will not collect or use any technical data and related information about your device, system, and application software, and peripherals.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not offer users any capability to submit or post content to the server. All data stays on the local device where the web browser is used.

Any content shared with other users is shared under the sole responsibility of the users. Neither the Licensor nor the Licensed Application do provide any mechanism to share content or data with others, nor to protect this data that stays only on End User devices.

It is the responsibility of the End User to ensure that the data is properly protected and not stored on public device. As a default, the Licensed Application will propose to save updated data in the (secured) Downloads area of the web browser used. Hence public devices with no secured personal account should not be used to process sensitive data.

7. SAMPLE CONTENT

The Licensed Application offers sample content as fast quick starters and demonstrations of its capabilities.

This Content is the property of enioka Conseil, for a free use in the sole context of the Licensed Application. This content may not be used in other contexts.

The Data produced in the Licensed Application stays however the sole property of the End User, with all permissions to copy it and use it in any context.

8. LIABILITY

8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

8.3 Licensor takes no accountability and responsibility in case of other Limitations of Liability.

9. WARRANTY

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of enioka Conseil‘s sphere of influence that affect the executability of the Licensed Application.

9.3 No support is granted in this Standalone Edition. Still you may notify enioka Conseil about issues discovered by email provided in Product Claims. The defect report will be taken into consideration and further investigated to be reproduced and fixed if possible. No delay, nor response is guaranteed in this process.

9.4 If the user is an entrepreneur or member of a company, no claim on faults can be filed against the Licensor for a use of this limited Standalone Edition.

10. PRODUCT CLAIMS

enioka Conseil and the End-User acknowledge that enioka Conseil, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Enioka
13 rue du Mail
75002 Paris
France
contact@enioka.com

13. TERMINATION

The license is valid until terminated by enioka Conseil or by You. Your rights under this license will terminate automatically and without notice from enioka Conseil if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application. Your access account will be cancelled by enioka Conseil

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

enioka Conseil represents and warrants that enioka Conseil will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

enioka Conseil and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, enioka Conseil, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

enioka Conseil and the End-User acknowledge that the provided Sample Content is the sole intellectual property of enioka Conseil. The End-User may freely use the Sample Content, but is not authorized to copy this Sample Content for use in the context of other solutions or software.

16. APPLICABLE LAW

This License Agreement is governed by the laws of France excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.