www.easymill.com is a website to promote and distribute ERCII software. This site offers the following services.
ERCII is a software publisher, owner of Easymill software and the www.easymill.com & www.easymill.co.uk websites.
ERCII is located at 32 Grande Rue
L’aglatienne - 91530 Egly in France.
Easymill is software for up to 2.5 axis milling.
The user is the person who uses the ERCII software.
1 - PURPOSE AND ACCEPTANCE OF GENERAL AND SPECIAL CONDITIONS OF Easymill AND ITS SERVICES.
2- CONDITIONS OF ACCESS TO SERVICES
Services are available on the Internet at http://www.easymill.com. ERCII may, for maintenance reasons, without notice, temporarily suspend access to the Services or part of the Services with no entitlement to compensation for lack of Service(s). In addition, given the nature of the Internet, the user acknowledges and accepts that ERCII can not be held responsible for any interruptions or changes in access to Services that might result from the network itself, or connection used by the user, or any other cause beyond ERCII direct control. All hardware and software required to use Services are exclusively the responsibility of the user.
2.1Registration to use Service(s) is required
Any person wishing to access the Service(s) is required to register online. By clicking the "Send" button at the bottom of the form, the user expressly agrees to these terms.
2.2 Data Registration
The user agrees to provide true, accurate, current and complete information about their identity, function, the identity of their company and any information requested on the form. The user is committed to regularly updating this information. A hyperlink available when accessing the Service(s) enables the user to make any necessary changes regarding the registration data provided. In the event that the user provides any registration data that is untrue, inaccurate, not current or incomplete, ERCII is entitled to suspend or terminate the account without notice and to refuse any and future access to all or part of the service.
2.3 Attribution of a "unique identifier"
When the user accepts these general conditions of sale and the registration is accepted, ERCII will send a unique ID and a password allowing the user access to the Service(s). The user agrees to only register and use one username and password.The user is solely responsible for any use that might be made of the Service(s) through accessing the Service(s) with the unique ID and password. The user undertakes to inform ERCII immediately of any unauthorized use of the account, and any breach of confidentiality and security of the user’s identification. ERCII will in no case be liable for any loss or damage resulting from any breach of the obligations contained in this article.
2.4 Personal Data
3- USE OF SERVICES
3.1 User’s obligations
The user undertakes to respect the laws and regulations in force, and especially not to use ERCII and Service(s) to create, write, or commit, transmit or communicate any message, information or content of any nature whatsoever, illegal, including offensive, abusive, libellous, abusive, violent, obscene or pornographic, or including a provocation to discrimination or hatred based on race, religion, sex, or other provocative crimes and misdemeanours or likely to impair the operation of computer systems, in any manner whatsoever. Similarly, the user undertakes to respect the rights of others, including the right to respect privacy, and all intellectual property rights (copyright, neighbour rights, right on the databases, trademarks, patents, designs, trade secret ...). In particular, the user will not disclose any confidential or secret information of any nature whatsoever, which the user could access through ERCII or its Service(s). The user further agrees not to mislead or to create any confusion about his identity, the origin of messages or other content that the user sends and not to divert data or information or use them to mislead customers for all or part of the services offered. The user undertakes to respect and enforce secure access to the Service(s), and generally not to interfere with or disrupt access and operation of the Service(s) offered by ERCII. The user undertakes not to broadcast unsolicited messages via ERCII such as advertising, promotional, chain letters or other, and seek consent with ERCII for the establishment of any link or services proposed by ERCII.
3.2 Liability of users
The user is solely responsible for the use they make of all Service(s) available through the easymill.com site, and of any use made from their account. In particular, the use of information, messages or data of any kind available through ERCII services are the sole responsibility of the user, and the decisions or actions taken in managing or accessing his account are entirely the responsibility of the user. The user is the sole judge of the acceptability and usefulness of the site content viewed by him, and accordingly undertakes to use ERCII services carefully and to bear any risks arising. The user is liable in respect of ERCII and third parties for any damages, direct or indirect, of any nature whatsoever caused by content or other material communicated, transmitted or distributed by the user on the ERCII site or through the services it offers. Accordingly, the user undertakes to ensure ERCII and its affiliates or partners, and any appeal against any conviction on this count are the user’s responsibility. The user agrees to submit to any legal recourse taken by ERCII under the law in force.
The billing and payment are available on the easymill.com site. The user agrees to provide ERCII online all the necessary procedures for billing and payment. The user acknowledges and agrees that, to the extent permitted by applicable law, ERCII can not be held liable for any damages, direct or indirect, suffered by a user or a third party, resulting from an error or a default billing and settlement services provided through the ERCII site. The user is solely responsible for paying all taxes due from the use of the services. ERCII reserves the right to change fees for its services. The user will be informed of these changes by appropriate means in the month preceding the change.
4-LIMITATIONS OF LIABILITY
4.1 Contents released
ERCII makes best efforts to ensure the quality of information it disseminates. ERCII can not be held responsible for any messages, information or content that were not directly created or produced by ERCII, including its truthfulness, relevance, and in general any errors or omissions they might contain. Accordingly, ERCII shall not be held liable for any damages whatsoever which could result. The creators and producers of content will be as far as possible identified on the site in relation to relevant content.
4.2 Advertisers or partners
All correspondence, exchange, or relationship of any nature whatsoever, including promotional or commercial established between the user and an advertiser or partner ERCII binds only the user and the advertiser or partner concerned. In particular, any agreement between a user and a partner or advertiser shall only be relevant to them. Accordingly, the terms, conditions, warranties, statements, payment or delivery of any kind which may result are solely those of the user and the advertiser or partner, to the exclusion of ERCII, which can not be held responsible for any loss or damage whatsoever.
4.3 ERCII Services
ERCII undertakes to use its best efforts to provide reliable services. Services are provided to the user as is, the user uses these at his own risk. Service(s) are available based on availability. ERCII does not guarantee that these services fully meet the expectations of the user, that the Service(s) will not be interrupted or will be relevant, complete or error-free. ERCII does not guarantee that any product, service, data or information obtained by the user through the service will be up to the expectations of the user. ERCII cannot be held liable for any failure, interruption of the user’s business, loss of goodwill or profits or loss of data and more generally for any damage suffered by the particular user's computer and consequent use or inability to use the services, acquisition, receipt or downloading information in connection with the use of services, or to unauthorized access to services by another user or third, or modification of information or databases regarding the user, or any other means of using the services. Generally, the user agrees to the extent permitted by applicable law that ERCII cannot be held liable for any damages whatsoever, direct or indirect, tangible or intangible, including any loss of profits or data, or other injuries, resulting from the use of services offered by ERCII or a visit to the easymill.com site.
4.4 Hypertext links
The easymill.com site or its partners or third parties may provide links to other web sites or other resources available on the Internet. ERCII cannot be held liable for any damages of any nature whatsoever resulting from the content of these sites or external sources, including information, products or services they propose, or any use that can be made of these links.
5- INTELLECTUAL PROPERTY
The user undertakes to respect all intellectual property rights of ERCII or any third party, and in particular the rights of trademark, patent, copyright and related rights, and also the right of producers of the databases . The use which may be made of user services protected by intellectual property rights, whether software or otherwise, is obviously not exclusive and is strictly limited to personal use and for the duration of this contract. The user cannot transfer to anyone the right to use the services and protected items they contain and shall not decompile any part of the software.
It is not allowed to use, in whole or in part, any of the protected material to create or exploit alternative applications from such elements. It is understood that the use granted to User hereunder does not include any transfer for the benefit of any kind whatsoever, of any intellectual property right of the elements used, the site itself or its contents. All rights remain in effect unless specific agreement is provided by ERCII, and are the exclusive property of ERCII.
User may not assign the rights and obligations arising hereof to a third party without obtaining the express prior permission of ERCII.
7 - NOTICES
Any notice given hereunder to be made by e-mail. However, ERCII may also choose to send a notification by fax or by post with the details provided by the user during registration.
8-TERM AND TERMINATION
This contract is for an indefinite period. It may be automatically terminated subject to a notification of termination by the user or ERCII, with a notice period of fifteen days. Any failure of the user to any of the stipulations made herein will result in immediate termination of the contract and the prohibition of using ERCII services on ERCII notififying the user. .
9- JURISDICTION AND APPLICABLE LAW
These general conditions are subject to French law, and any disputes that could not be settled amicably shall be brought before the competent courts of Paris.
SPECIAL CONDITIONS FOR USE OF EASYMILL SOFTWARE.
Ref e-NC 2002
The manual and the Easymill software associated with it are the property of ERCII and are protected by copyright. Any reproduction, in whole or in part, is strictly prohibited.
By indicating your acceptance of this License Agreement or by installing and using the accompanying software, you consent to the terms of this contract.
If you disagree with these terms, you should not install or use or copy this software.
GRANT OF LICENSE
This is a license, not a contract of sale between you, the end user, and ERCII.
ERCII grants you a nonexclusive, non-transferable license (except as provided below) to use a copy of the software and accompanying documentation in accordance with the terms established in this license agreement.
The software belongs to ERCII or its licensors and is protected by copyright, and some elements are protected by trademark, and trade secrets, and may also be protected by patents.
In addition to the restrictions and obligations imposed by these regulations, you agree to abide by the following terms::
You have the right to:
a. Install the software on one or more computers.
b. Make (1) copy of the software in machine-readable format only for backup purposes, provided that you reproduce all warnings related to property rights on the copy;
c. Physically transfer the Software from one computer to another, and
d. Transfer or assign (but not rent or lend) your rights to the software permanently if the person receiving them agrees with the terms of this Agreement (including loss of warranty) and if you transfer to that person the original software and all existing copies of software.
You do not have the right to:
a. Edit the software, translate, reverse engineer, decompile, disassemble, create alternative applications from the software, or copy (except for backup purposes) except to the extent that these limitations would be fully or partly prohibited by applicable law.
All these restrictions also apply to the documentation that accompanies the software.
b. Rent, lease or sublet the rights to the software or accompanying documentation in any format whatsoever to anyone without ERCII having previously given written permission, which permission can be given only if the recipient consents to the transfer arrangements for this contract.
c. Remove warnings about rights, labels or marks appearing on the software, documentation, and containers.
All right, title, interest and all copyrights related to software, documentation and any copy made by you remain the property of ERCII.
Copying without permission, the software or documentation, or failure to comply with the above restrictions, will result in breach of the contract and will terminate the contract automatically and ERCII may seek other legal remedies.
LIMITATION OF USE:Operation of the Easymill software requires internet connection by the user and that the ERCII site is operational. ERCII DOES NOT guarantee that its server will be accessible at all times and ERCII reserves the right to discontinue the free and unrestricted use of its software without notice and without any financial compensation.
LIMITATION OF REMEDIES
Your sole and exclusive remedies, according to this license agreement, will be refund, repair or replacement of any defective media under the provisions of the guarantee, the choice of which will be ERCII’s decision.
The maximum liability of ERCII for any claim made by you or any person claiming on your behalf does in any case not exceed the amount actually paid by you for ERCII product(s).
ERCII DO NOT warrant that the functions contained in the software will meet your requirements or that use of the software will be uninterrupted or error free.
The computer software is inherently subject to bugs and potential incompatibility with other software and hardware.
You should not use the software where mistakes or errors could cause damage or substantial injury to persons or possessions, tangible or intangible.
You should ensure that all data files and programs have been properly backed up to prevent data loss which could result in software malfunction. ERCII IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, INDIRECT OR DIRECT LOSS WHATSOEVER ARISING FROM YOUR PURCHASE OR YOUR USE OF ANY PRODUCT PROVIDED BY ERCII, OR UNDER THE WARRANTY, INCLUDING WITHOUT LIMITATION THE INABILITY TO USE, LOSS OF PROFITS, GOODWILL OR SAVINGS, OR LOSS OF DATA, DATA FILES, OR OTHER PROGRAMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR DIRECT DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE EXCLUSION OR LIMITATION ABOVE MAY NOT APPLY TO YOU.
THIRD PARTY SOFTWARE SOLD OR INCLUDED WITH A PRODUCT OFFERED BY ERCII IS NOT GUARANTEED BY ERCII, BUT MAY BE SUBJECT TO ANY WARRANTY THAT THE THIRD PARTY MANUFACTURER DECIDED TO PROVIDE FOR THE PRO9DUCT ACCORDING TO THE DOCUMENTATION INCLUDED WITH THE SOFTWARE.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER BY ERCII OR ITS SUPPLIERS OR DISTRIBUTORS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES REGARDING THE FITNESS OF PURPOSE FOR MARKETING OR PARTICULAR PURPOSES, OTHER THAN THE WARRANTY ABOVE.
YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
The only commitment ERCII provides and your exclusive remedy under this limited warranty, whether civil law or contract or otherwise, will be for ERCII to enable you to download again a version of its software free.
The warranty set out above cannot be transferred by you.
You are permitted to terminate this license at any time by destroying all copies of the software.
ERCII may terminate this license if you violate any term, whatsoever, of this license agreement.
In the event of such termination, you agree to destroy or return the original and all copies of the software.
You agree to be responsible for payment of all taxes resulting from this contract.
Any loan, lease or sublease or (except as provided above) assignment or transfer of any copy of the software that was not authorized will be invalid.
Any software accompanying this license made by a third party and accompanied by a license agreement from that third party is not valid under this contract , you must address that party and not ERCII when it comes to exercise rights you have been granted under this third party contract.
This license agreement herein will be governed by French law. The courts of the jurisdiction of the court of Evry only will be responsible for any dispute concerning the validity, interpretation or execution of the Contract.
This Agreement constitutes the entire agreement between us and supersedes any other communication, advertisement, or interpretation regarding the software and documentation. Copyright 2002 Society ERCII.
e-NC and easymill are registered trademarks of the Company ERCII.