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license.txt
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========================================
CONVERTIGO PLATFORM LICENCE AGREEMENT
========================================
Any Customer using the Convertigo Platform shall agree to comply with the following license terms:
================
LICENSE TERMS
================
This is a legal agreement ("Agreement") between the organization which is represented by a duly authorized
representative ("You") and the Convertigo entity which grants You the present license as specified in the purchase
order ("Convertigo") for the software product that this license agreement accompanies.
=================
1. Definitions
=================
<< Authorized User >>
Any user of the Software that is authorized to access or use a Software that has been licensed to an Organization
under the terms of this Agreement, provided that in total, the count of all such users does not exceed the total
number of licenses acquired by such Organization.
<< Community Edition >>
* Back-end LowCode
* Front end Low Code
* SQL Connector
* Install on prem
* Deploy to Convertigo Cloud
* 1 environment
* Android APK / iOS IPA & PWA app. generation
* Community Support / No Service Level Agreemment (SLA)
<< Organization >>
The person, partner, entity, corporation, or government entity that is granted a license on the Software and that
shall be responsible for any use of the Software.
<< Software >>
The Convertigo Platform which includes Convertigo proprietary software with Software documentation
(refers to the Software user manual and Software installation guides) and any Software updates acquired through
technical support. The Convertigo Mobility Platform is composed mainly of 3 installation binaries: Software Studio
and Software Server and Software SDK. The Software is distributed by Convertigo in editions which include the
Community Edition, the Starter Edition and the Enterprise Edition.
<< Convertigo Desktop Studio >>
One of the Software core components which is for "Convertigo project" development purposes and delivered as
one installation file for Windows, Mac or Linux Desktops.
The Software Studio installer is installing the Software Studio.
Projects developed with Software Studio are saved into "Project.car" files
to be executed on "Software Servers" in production. "Project.car" files require appropriate Server Configuration Servers
with appropriate activation keys.
<< Starter Edition >>
Community Edition +
* Unlimited apps
* 9/5 Support and SLA
* 99.5% Uptime Guarantee
* Install on prem or Private cloud
* No Code Form Builder
* 2 environments
* LDAP / OAuth/ OpenID Integration
* OffLine data & NoSQL
<< Software Server >>
One of the Software core components which is for production purposes and executes Project.car files developed
with the Software Studio.
The Software Server can be configured to exploit "Project.car" files. The Software Server contains all run time components
to run the Projects.car files produced by Convertigo Desktop Studio.
The Software Server installer is installing the Server Software and an administration console to monitor and
configure Software Server.
<< Enterprise Edition >>
Starter +
* Customer Success Manager
* Billing and Analytics
* DevOps integration
* More than 2 environments
* Cloud Auto Scaling
* RPA Connectors
* SAP Bapi Connectors
* ChatBot & AI support
<< Software SDK >>
One of the core Back end Software component which allows to:
* access Back end low code Servers services directly within development environments such as
XCode, Android Studio
* compile native mobile applications from the aforesaid environments which can access Back end low code Servers.
Such mobile native applications include the SDK Software libraries.
The SDK Software includes Convertigo proprietary developments as well as Third Party Software.
The SDK Software installed within development environments or inside mobile devices can be
freely deployed with no limitations.
The Software SDK has installation binaries corresponding to the targeted development framework
which can be IOS, Android, Angular and others in the future.
<< Third Party Software >>
Software components edited by third party software vendors which are installed or used with the Software
and can only be used as described in Section 7 of this license.
=============
2. Purpose
=============
This Agreement has for purpose to determine the license terms applicable to the use of the Software which may be
distributed in different editions : Community Edition, Starter Edition and Enterprise Edition.
For each edition, specific license terms are applicable.
The use of each edition is subject to the corresponding license terms : license terms for the Community Edition or
license terms for the Starter Edition and the Enterprise Edition here below.
You agree to comply with the license terms for the Community Edition, for the Starter Edition
and for the Enterprise Edition.
=============================================
3. License Terms for the Community Edition
=============================================
The Community Edition allows the use of the Software Studio and the Software Server under Affero GPL V3 License and
can be used for free.
Affero GPL V3 License can be accessed at: https://www.gnu.org/licenses/agpl-3.0.html
The Community Edition allows companies to develop end-to-end applications to multi-devices.
Convertigo provides Software Studio and Software Server with third party software components and with
Back end and Front end components which may be used only as described below:
1- Software Studio and Software Server are delivered under Affero GPLV3 license
(https://www.gnu.org/licenses/agpl-3.0.html).
2- Third party Open Source components are delivered under their respective licenses and can only be used as
described in Section 7 below.
The Third Party Software and the Software components other than the Software Studio and the Software Server
are not subject to the Affero GPL V3 License.
References (calls) to the third party software and Convertigo components can be
removed from the Software Studio and Software Server open source code and can be replaced or redeveloped
upon needs.
Details about the third party software which may be used by Convertigo with Software Studio and Software Server
(the "Third Party Software") well as the corresponding license terms are available at
https://c8ocloud.convertigo.net/EEand3rdpartycomponents/ .
You should read carefully the agreements covering the Third Party Software. Each of these agreements or terms
can be accessed via https://c8ocloud.convertigo.net/EEand3rdpartycomponents/ . By installing and using this Third Party
Software, You accept these Third Party Software license terms and acknowledge that You have read them and
understand them. Convertigo does not sell, resell, or license any of this Third Party Software, and Convertigo
disclaims to the maximum extent permitted by applicable law, any responsibility for or liability related to the Third
Party Software. Any questions, complaints or claims related to the Third Party Software should be directed to the
appropriate vendor.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONVERTIGO MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF ANY THIRD PARTY SOFTWARE,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. In no circumstances will we be liable for any
indirect, incidental, special or consequential damages to You or any third party (including without limitation, loss of
data, loss of profits, computer failure and business interruption), arising out of the use of or inability to use any
Third Party Software, even if Convertigo has been advised of such damages. Your only right or remedy with respect
to any problems or dissatisfaction with any Third Party Software is to de-install and cease use of such Third Party
Software.
======================================================================
4. License terms for the Starter Edition and the Enterprise Edition
======================================================================
The use of the Starter Edition or the Enterprise Edition is submitted to the following license terms as
specified below.
Third party components installed or used with Convertigo Extended Edition components can only be used as
described in Section 7 of this license.
==============================
4.1 Right to Use the Software
==============================
The right to use the Starter or the Enterprise Edition is granted to You by Convertigo under "a per
Session" or "a per User" license for a period of one year which is renewable for successive periods of one year.
Your right to use the Software is conditional upon payment of the license fees due by the Organization, as specified
in the corresponding purchase order.
==================
4.2 License Grant
==================
Subject to the terms of this Agreement and subject to the payment of the appropriate license fees by the
Organization, Convertigo hereby grants You a limited, non-exclusive, non-transferable, non-sub licensable,
revocable right to download, install and use the Software in machine readable, object code form only for
Starter Edition components and Enterprise Edition components, solely for your internal business operations and only
as authorized by this Agreement for the limited duration specified in your agreement with Convertigo.
You agree to be bound by the following limitations:
- if the license is "per Session ", You will not deploy more than the number of Sessions for which You have
been licensed.
- if the license is "per User", You will not deploy more than the number of Devices for which You have
been licensed.
The Software Starter Edition can only be used if a license for the Software Starter Edition is granted to you.
The Software Enterprise Edition components can only be used if a license for the Software Enterprise Edition is granted
to you.
=================================
4.3 Conditions for License Types
=================================
4.3.1 If the enclosed Software is an evaluation version of a Convertigo product, You may use not more than one
copy of the Software for evaluation purposes during any pre-determined evaluation period and only in accordance
with the documentation to determine whether You are interested in acquiring a license to use the Software.
Notwithstanding anything else in this Section 4, a Software provided on an evaluation loan basis shall only be used
by You in a non-production laboratory environment, for internal testing purposes only, to determine whether to
acquire the Software for fair market value, and only at the site to which the Software is shipped or downloaded. A
copy of the results of the evaluation shall be provided to Convertigo, but not to any third party. No reviews may be
published or provided to third parties. All rights and ownership in the Software shall at all times remain solely with
Convertigo.
===============================
4.4 General License Conditions
===============================
Except as otherwise expressly provided in this Agreement, the following rights and limitations apply:
4.4.1 You may make one (1) copy the Software into any machine readable or printed form for backup purposes
only in support of your use of the Software.
4.4.2 You may use the Software in accordance with any documentation accompanying the Software.
4.4.3 You may transfer the Software from one Authorized User to another within your Organization if the other
individual agrees to accept the terms and conditions of this Agreement. If You transfer the Software You must at
the same time either transfer all copies whether in printed or machine readable form to the same party or destroy
any copies not transferred.
4.4.4 You may not rent, lease or otherwise transfer rights to the Software or remove any proprietary notices,
labels or marks.
4.4.5 You may not reverse engineer, create derivative works based on the Software, reproduce, modify, correct,
decompile or disassemble the Software (except to the extent that applicable law overrides).
4.4.6 You may not use, copy, modify, or transfer the Software, in whole or in part, except as expressly provided
for in this Agreement.
4.4.7 You may not distribute the Software to any third parties or permit other entities to use the Software.
4.4.8 If You transfer possession of any copy of the Software to another party in any way other than expressly
permitted in this Agreement, your license is automatically terminated.
4.4.9 You will take all reasonable precautions to prevent third parties from using the Software or any part thereof
in any way that would constitute a breach hereof.
=========
4.5 Term
=========
The Agreement shall be effective upon Your agreement to be bound by the terms of this Agreement, (as
manifested by the conduct described in the preamble above) and shall end upon termination of the license on the
Software. You may terminate the Agreement at any time by destroying the Software and providing written notice
to Convertigo with the License ID described in the Convertigo web base administration of the terminated Software.
Convertigo web base administration access is by default for the ID "admin" and for password "admin" as long as
customers do not personalize it. Convertigo may terminate this Agreement at any time ipso jure for your breach of
this Agreement. Unauthorized copying of the Software or otherwise failing to comply with the license grant of this
Agreement will result in automatic termination of this Agreement and will make available to Convertigo all other
legal remedies. You agree and acknowledge that your material breach of this Agreement shall cause Convertigo
irreparable harm for which monetary damages alone would be inadequate and that, to the extent permitted by
applicable law, Convertigo shall be entitled to injunctive or equitable relief without the need for posting a bond.
Upon termination of this Agreement the license granted herein will terminate and You must immediately destroy
the Software and the back-up copy thereof.
=====================
4.6 Limited Warranty
=====================
For a period of ninety (90) days from the date You receive the Software, Convertigo warrants that the Software will
perform substantially in accordance with the documentation when used as directed ("Limited Warranty"). This
Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse or
misapplication. This Limited Warranty does not apply to evaluation Software which is provided AS IS with no
warranty whatsoever. CONVERTIGO DOES NOT GUARANTEE THAT THE SOFTWARE WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR
THAT CONVERTIGO WILL CORRECT ALL SOFTWARE ERRORS.
======================
4.7 Customer Remedies
======================
Convertigo's entire liability and the exclusive remedy of the Organization shall be: at Convertigo's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet the above Limited Warranty. Any replacement Software will be warranted for the remainder of the original warranty period.
===============
5. Liability
===============
The only type of damages that can be recovered against Convertigo arising from or related to this Agreement
including without limitation in relation to the provision, use, performance or non-performance of the Software,
shall be the direct damages suffered by the Organization, if any, and without expanding on the specific remedies
set out in Section 10 (i) in no event shall the aggregate liability of Convertigo exceed the amount paid by the
Organization for the Software, and (ii) Convertigo shall only be liable for damages incurred during the period of
such failure, delay or nonperformance of the Software. CONVERTIGO SHALL HAVE NO LIABILITY WHATSOEVER TO
THE ORGANIZATION OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS OR
CONTINUED AVAILABILITY OF ANY SERVICE OR SOFTWARE.
EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
IN NO EVENT SHALL CONVERTIGO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES,
DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION OR CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS
ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH THE SOFTWARE, DOWNTIME COSTS, LOSS
OF THE USE OF THE SOFTWARE, COST OF SUBSTITUTE GOODS, FACILITIES, OR SERVICES, COST OF CAPITAL, OR
OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT SUCH DAMAGES
WERE FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE
SOFTWARE OR ANY THIRD PARTY SOFTWARE, EVEN IF CONVERTIGO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
=========================
6. No Other Warranties
=========================
CONVERTIGO DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY SPECIFIED IN THIS AGREEMENT
(EITHER EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, LATENT
DEFECTS, OR NON-INFRINGEMENT AND ANY OTHER IMPLIED REPRESENTATION, WARRANTY OR CONDITION
ARISING BY STATUTE OR CUSTOM OR USAGE OF TRADE RELATED TO THE SOFTWARE. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH MAY VARY FROM JURISDICTION TO
JURISDICTION.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES AND
CONDITIONS. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES OR CONDITIONS RELATING TO THE
SOFTWARE TO THE EXTENT THAT THEY CANNOT BE EXCLUDED AS SET OUT ABOVE ARE LIMITED TO 90 DAYS FROM
THE DATE YOU FIRST INSTALLED THE SOFTWARE ON ANY COMPUTER.
==========================
7. Third Party Software
==========================
7.1 When You install the Software, You will install software from third party software vendors (Third Party
Software). Use of the Third Party Software will be governed by licenses or other arrangements between such
vendors and yourself, including without limitation those software components listed below.
7.2 You should read carefully the agreements covering the Third Party Software. Each of these agreements can
be accessed via https://c8ocloud.convertigo.net/EEand3rdpartycomponents/ or via the urls provided in this Section 7.2. By
installing and using this Third Party Software You accept these Third Party Software licenses or other arrangements
and acknowledge that You have read them and understand them. Convertigo does not sell, resell, or license any of
this Third Party Software, and Convertigo disclaims to the maximum extent permitted by applicable law, any
responsibility for or liability related to the Third Party Software. Any questions, complaints or claims related to the
Third Party Software should be directed to the appropriate vendor.
7.3 SOFTWARE COMPONENTS IN THIS PRODUCT WERE IN PART PROVIDED BY AVIVA SOLUTIONS INC., AND/OR
ITS AFFILIATES AND LICENSORS.
The name of Aviva Solutions Inc. nor the names of its contributors may be used to endorse or promote products
derived from this Software without specific prior written permission.
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL AVIVA BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONVERTIGO MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF ANY THIRD PARTY
SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. In no circumstances will we be
liable for any indirect, incidental, special or consequential damages to You or any third party (including without
limitation, loss of data, loss of profits, computer failure and business interruption), arising out of the use of or
inability to use any Third Party Software, even if Convertigo has been advised of such damages. Your only right or
remedy with respect to any problems or dissatisfaction with any Third Party Software is to de-install and cease use
of such Third Party Software.
7.5 You are solely responsible for adequate protection and backup of the data and equipment used in
connection with any of the Third Party Software, and Convertigo will not be liable for any damages that You may
suffer in connection with using, modifying or distributing any of the Third Party Software.
===========================
8. Intellectual Property
===========================
You do not acquire hereby any intellectual property or other proprietary rights, including patents, designs,
trademarks, copyrights or rights in any confidential information or trade-secrets in or relating to the Software. You
also do not acquire any rights in or related to the Software, or any components thereof, other than the rights
expressly licensed to You under this Agreement or in another mutually agreed upon, written agreement that You
may have with Convertigo. Any grants not expressly granted herein are reserved. The Software is only licensed to
your Organization as expressly set out herein and is protected by copyright and "droit d'auteur". There are severe
penalties both civil and criminal for intellectual property infringement.
=====================
9. Confidentiality
=====================
You acknowledge and agree that the Software was developed at considerable time and expense by Convertigo and
is confidential to and contains trade secrets of Convertigo. You agree to maintain the Software in strict confidence
and not to disclose or provide access thereto to any person except to your employees or contractors with a need
for access to exercise the license rights conferred hereby. You do not have the right to obtain or use any source
code for the Software, and may not translate, reverse engineer, decompile or disassemble, or otherwise attempt to
derive the source code of the Software and agree not to authorize, allow or enable any other person to do so.
=====================
10. Indemnification
=====================
You shall defend, indemnify, and hold harmless Convertigo, Convertigo's suppliers, successors, affiliates, agents and
assigns (each a "Convertigo Indemnified Party") from any claims, damages, losses, or expenses (including without
limitation attorney fees and costs) incurred by a Convertigo Indemnified Party in connection with all claims, suits,
judgments and causes of action (i) for infringement of patents or other intellectual property or proprietary rights
arising from combining with or using any device, system or service in connection with the Software, (ii) for damages
arising from Your breach of Sections 3, 4, 7, 9, 10, 11, 12 and 13 herein, (iii) for libel, slander, defamation or
infringement of copyright or other intellectual property or proprietary right with respect to material transmitted by
You (iv) for any injury, death or property damage arising in connection with the presence, use or non-use of any
portion of the Software (other than such damage to person or property (excluding data) that directly arises from
the use of the Software strictly in accordance with the documentation and user manuals provided by Convertigo
which specifically pertains to such Software) or (v) for claims made by third persons against Convertigo arising from
or related to Your use of the Software (other than such claims that arise solely from the use of the Software strictly
in accordance with the documentation and user manuals provided by Convertigo with the Software which
specifically pertains to such Products or Software). No remedy herein conferred upon Convertigo is intended to be,
nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but
all such remedies shall be cumulative. In the event of the termination of this Agreement for Your breach, You shall
pay to Convertigo all attorney fees, collection fees, and related expenses, expended or incurred by Convertigo in
the enforcement of any right or privilege hereunder (including, but not limited to, telephone, freight, express and
postal charges, expenses of paid investigators and reasonable compensation for time of Convertigo's
representatives).
====================
11. Right to Audit
====================
You agree to keep all usual and proper records and books of accounts and all usual proper entries relating to each
reproduction and user of the Software during the term of this Agreement and for a period of three (3) years
thereafter. During this period, Convertigo may cause an audit to be made of the applicable records in order to
verify your compliance with this Agreement and prompt adjustment shall be made to compensate for any errors or
omissions disclosed by such audit. Any such audit shall be conducted by an independent certified public accountant
selected by Convertigo and shall be conducted during the regular business hours at your Organization's offices and
in such a manner as not to reasonably interfere with your normal business activities. Any such audit shall be paid
by Convertigo unless material discrepancies are disclosed. For such purposes, "material discrepancies" shall
mean three percent (3%) or more of the number of Authorized Licenses pursuant to this Agreement. If material
discrepancies are disclosed, You agree to pay Convertigo for the costs associated with the audit as well as fees for
all additional licenses. In no event shall audits be made more frequently than semi-annually unless the immediately
preceding audit disclosed a material discrepancy.
============
12. Export
============
Export laws and regulations of France and the United States and any other relevant local export laws and
regulations apply to the Software. You agree that such export control laws govern your use of the Software
(including technical data) and You agree to comply with all such export laws and regulations (including `deemed
export` and `deemed re-export` regulations). You agree that no Software will be exported directly or indirectly, in
violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation,
nuclear, chemical, or biological weapons proliferation, or development of missile technology.
=======================================
13. U.S. Government Restricted Rights
=======================================
The Software provided to any agency or department of the United States Government is provided with restricted
rights. By accepting delivery of or installing or using the Software, the U.S. Government or its prime contractor or
subcontractor (at any tier) agrees that notwithstanding anything to the contrary, and to the maximum extent
possible under federal law: (a) the acquisition of such Software is governed by FAR Part 12 or DFAR 227.7202-4, as
applicable and to the extent such provisions are consistent with the Agreement; (b) such Software qualifies as
"commercial computer software" under the applicable procurement regulations; (c) any modifications provided by
Convertigo in connection with such Software are either minor derivative modifications or are of a type generally
vailable in the commercial marketplace; and (d) the U.S. Government will be bound by the commercial terms and
conditions and restricted rights contained in the Agreement, and no other license terms shall be incorporated into
the Agreement except by mutual written consent.
========================
14. General Conditions
========================
14.1 No Third Party Beneficiaries. Except as otherwise specifically stated in this Agreement, the provisions herein
are for the benefit of the parties and not for any other person or entity.
14.2 Waivers. Waiver by either party of any default by the other party shall not be deemed a continuing waiver of
such default or a waiver of any other default.
14.3 Survival. The terms, conditions and warranties contained in this Agreement that by their sense and context
are intended to survive the performance hereof by either or both Parties shall so survive the completion of
performance, cancellation or termination of this Agreement.
14.4 APPLICABLE LAW AND JURISDICTION
THE CONTRACT IS SUBJECT TO FRENCH LAW. ANY LITIGATION RELATED TO THE AGREEMENT, INCLUDING BUT NOT
LIMITED TO, IN RELATION TO VALIDITY, INTERPRETATION, EXECUTION AND/ OR TERMINATION AND RELATED
CONSEQUENCES, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE PARIS COMMERCIAL COURT
("TRIBUNAL DE COMMERCE DE PARIS").
14.5 Severability. If a provision of this Agreement is held to be invalid or unenforceable, such invalidity or
unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather (unless a failure of
consideration would result there from) the entire Agreement shall be construed as if not containing the particular
invalid or unenforceable provision or provisions, and the rights and obligations of each party shall be construed and
enforced accordingly.
14.6 Language. It is the express will of the parties that this agreement and all related documents be drawn up in
English.
14.7 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with
respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements
between the parties hereto with respect thereto. There are no provisions, representations, undertakings,
agreements, or collateral agreements between the parties other than as set out in this Agreement. Further You
acknowledge that no statements or representations made by or on behalf of Convertigo have been relied upon by
You in agreeing to enter into this Agreement. The Agreement may be amended at any time upon mutual
agreement by the parties. Convertigo further reserves the right to make changes to this Agreement by providing
You with reasonable notice of the change by either e-mail or by posting notice of the change at
https://www.convertigo.com . If You continue to use the Software more than sixty (60) days after notice of the change has
been given, You shall be deemed to have accepted this change.