Terms and conditions

Preamble

The present general conditions of sale aim to specify the rights and obligations of the purchaser to with respect to software sold under license.

These general conditions of sale are subject to change at any time without notice.

The latest update of the general conditions of sale is available at the following Internet address : http://fr.lagache.free.fr/netsim/cgv.php

In these general conditions of sale, the expression "software" designates the network simulator.

Art. 1 : Identification of the author of the offer (the "seller")

Francois LAGACHE

364, rte des collines
38210 Morette - FRANCE

Email : logiciels.lagache@free.fr

Website : http://fr.lagache.free.fr/netsim

SIRET : 921 993 655 00015

APE : 6201Z

In these general conditions, the author of the offer is designated by the expression "the seller".

Art. 2 : Identification of the beneficiary of the offer (the "customer")

The beneficiary of the offer is designated in these general conditions of sale by the expression " the customer ".

Art. 3 : Express acceptance of the general conditions of sale

The transmission of a signed purchase order or the partial or full payment of a software license entails the express and unreserved acceptance by the customer of these general conditions of sale.

Art. 4 : Essential characteristics of the product sold

The software is a network simulator for educational purposes. As such, it simplifies protocols, exchanges and settings required.

The customer is invited to download the current version of the software through an Internet browser, by going to the address : http://fr.lagache.free.fr/netsim/acquisition.php

The software is sold as a permanent license, which takes the form of a supplied file. to the customer by attachment as part of his purchase.

The functionalities of the software are specified on the website http://fr.lagache.free.fr/netsim

The seller reserves the right to cease marketing the software without notice.

The cessation of the marketing of the software by the seller may not give rise to any compensation. nor any repair on the part of the seller to the customer.

The seller can in no way substitute for any function of the client company.

The advice given by the seller is given only for the use of the software and in no case for the internal organization or the management of its customers.

Art. 5 : Demonstration offer

Establishments that have not yet ordered the software can benefit from a demo version free and without obligation. This mode is the one activated in the absence of a license placed in the application folder.

In this mode, restrictions are present :

If the customer wishes to use the software without restriction, he must obtain a license to use (as a custom file) and place it in the application folder so that this is activated.

Art. 6 : Offer validity period

The sales offers contained in the website http://fr.lagache.free.fr/netsim overned by these general conditions of sale are valid, unless otherwise indicated, permanently.

Art. 7 : Prices

The current price of the Network Simulator software is indicated on the order form and on the website http://fr.lagache.free.fr/netsim. The price of the license is that in force on the day the order is taken. It is denominated in euros and calculated excluding taxes.

Since the seller does not charge VAT (VAT not applicable, article 293-B of the CGI), the price excluding tax is the price all taxes included.

The price is payable in full and in a single payment :

The seller reserves the right to modify the sale price appearing on its website at any time.

Art. 8 : Acceptance of the offer

The transmission of a signed order form or the partial or full payment of the license has final order value.

The order placed by the buyer is the subject of a confirmation by e-mail from the seller, once the order form has been signed and the payment has been received (case other than a French public educational institution) by check or bank transfer.

All orders are understood to be firm and final and cannot therefore be withdrawn.

Art. 9 : Delivery

The software is available for download at http://fr.lagache.free.fr/netsim/acquisition.php.

The license is sent by e-mail to the e-mail address entered by the purchaser on the order form, by attachment, accompanied by the invoice, as soon as the receipt of the complete order form is made.

As a reminder, it is your responsibility :

The seller cannot be held responsible for the consequences due to an inoperative contact email address or the inability of the customer to place the license file in the same folder as the application he has installed.

Art. 10 : Payment and payment deadline

Payment for the purchase is made :

No discount is granted for any early payment.

Art. 11 : Settlement failures

The buyer guarantees the seller, when sending his payment, that he is in good standing with his banking establishment.

Following any default of payment, the seller reserves the right to demand at any time the full payment of the sums due for the purchase.

Art. 12 : Data confidentiality

The data obtained via the order form are necessary for the processing of the order (supply of the personalized license), its delivery as well as the establishment of the invoice. These data will in no case be disclosed to third parties.

In accordance with article 34 of the law of January 6, 1978, amended by the law of August 6, 2004, the customer has the right to access, modify, rectify and delete data concerning him.

Art. 13 : Responsibility

The seller cannot be held responsible for any errors caused by the Network Simulator. He does everything to ensure the reliability of his software

If the customer encounters a problem while using the software or notices an anomaly, he is invited to contact the seller by email at the address appearing at the top of the order form and the invoice so that the seller makes the necessary changes if possible to resolve this problem.

Art. 14 : Intellectual property

The Network Simulator software is protected by French law and international conventions on intellectual property.

Any reproduction, modification or use not in accordance with the Intellectual Property Code may be the subject of criminal and civil proceedings.

On the other hand, the documents (networks) produced with the Network Simulator are the property of the customer.

Art. 15 : Applicable law

These general conditions are subject to French law of the Commercial Code. This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution. If no amicable solution is found, the Grenoble Commercial Court will be competent in the matter.

Conditions updated November 19, 2022.




Last updated on 28 July 2024