Terms & Conditions for use

 

1 Preamble

1) The present Terms & Conditions for use are agreed between:

On the one hand, ASBL PRODUCTIONS ASSOCIEES with registered office at 1060 Brussels, rue Coenrats, 72, registered at the Banque Carrefour des entreprises under number 896.755.397 and validly represented by M.  Massimo BONGIORNO, administrator of the activity « Onikanabo »

Hereafter “the Licensor”

and 

– on the other hand, the user wishing to acquire one or several licences relating to one of the software programmes created and developed by M Massimo BONGIORNO

 

Hereafter “the licensee”

 

2) The services offered on the present website consist of authorising the Licensee to acquire one or several exploitation licences relating to software created and developed by M. Massimo BONGIORNO, who invoices the present exploitation licences through ASBL PRODUCTIONS ASSOCIEES (SMARTBE).

 

Any use or consultation of the services provided by the present website, whether free, payable or requiring the creation of a user account, assumes that the Licensee recognises being informed and accepting and irrevocably complying with the present Terms & Conditions for use.

 

The Licensee has the right to print out the Terms & Conditions for use and to keep a copy thereof. Furthermore, the use of some services can imply that the Licensee accepts the specific conditions or a user licence or in compliance with the specific conditions on the webpages of those services. Unless otherwise indicated, those specific rules will apply cumulated with the Terms & Conditions for use.

 

3) Any registration on the present website requires the acceptance without reservation of the present Terms & Conditions for use.

In case of disapproval of the Terms & Conditions for use the Licensee shall refrain from registering or requesting a licence for exploitation relating to the software of the Licensor.

If the Licensee acts on behalf and in the name of his employer, he confirms having received the necessary proxy and power to enter such a commitment. The fact of becoming a member of the present website entails the full and absolute acceptance of the present Terms & Conditions for use which will be accessible at all time on the present website and in particular at the time of registration of the Licensee’s details.

 

4) The Terms & Conditions for use represent the only agreement between parties and prevail over any other  document. If a condition should default, it will be considered regulated by the applicable customs.

 

5) The Terms & Conditions for use can be modified at any time. The Licensee will be informed by mail of the modifications to the said Terms & Conditions for use. The present modified Terms & Conditions for use will be published on the present website and the amended and/or modified provisions will automatically enter into effect fifteen (15) days after the said publication on the said website. Such a modification or amendment of these conditions will not affect the contracts concluded before the effective date.

 

6) The Licensee who wishes to be granted and exploitation licence for one of the software programmes of the Licensor declares having full legal competence to do so.

The Licensor may change legal and physical entity at any time. In that case, the Licensor will be kept informed of said change.

For any information, question, advice or order follow-up the customer service of the Licensor is at the service of the Licensee at the following address: sales@onikanabo.com

 

2 Proposed services

 

1) The present website enables any user to obtain one or several exploitation licences relating to the software created and developed by the Licensor who also holds all the intellectual and industrial property rights on the latter.

 

2) Various types of licences:

 

1. A) TRIAL Licence:

The Licensor authorises the Licensee to exploit, free of charge, this licence of the Software “KeyHydra 2“ under the following explicit conditions:

 

– the copy and public distribution right of the said software

– exclusively for free and non-commercial use

– for the whole world

– limited to 200 features uses per 3DSMAX session for a total of 1000 features uses. [Feature stand for :  Keyboard shortcuts, Maxscripts, and or Modifiers].

 

1. B) Personal Licence

The Licensor authorises the Licensee to exploit this updated licence of the Software “KeyHydra 2“ and its modifications and improvements under the following express conditions:

– one Single user for one computer.
– for period of 1 Year [Free software updates included during the subscription period].
– you are granted a limited, non-exclusive, non-assignable and non-transferable license to use this software.
– the copy and public distribution right of the said software and its modifications and improvements
– for commercial and non-commercial use [Freelance, Student, Personal]
– granting all the updates to the software free of charge for the duration of the License
– for the whole world.
– internet connexion is required for license activation once per 3DSMax session.

– against payment of the sum of 29,99 Euros VAT included per computer.

PAYMENT METHOD :  PAYPAL, VISA, MASTERCARD, AMEX

1. C) Studio Licences

The Licensor authorises the Licensee to exploit this updated licence of the Software “KeyHydra 2“ and its modifications and improvements under the following express conditions:

 – for 10 users to 20 Users for the same company (this licence cannot be exploited by the franchised, filial companies, sisters companies, …..)

– for period of 1 Year [Free software updates included during the subscription period].
– you are granted a limited, non-exclusive, non-assignable and non-transferable license to use this software.
– the copy and public distribution right of the said software and its modifications and improvements
– for commercial use [Companies]
– granting all the updates to the software free of charge for the duration of the Licence
– for the whole world.
– this kind of license require a local licensing server and active internet connexion.
– will work only on One Network.

– against payment of the sum of 399 Euros VAT included per site.

PAYMENT METHOD :  PAYPAL, VISA, MASTERCARD, AMEX

 

1. D) Free KeyHydra 1

The Licensor authorises the Licensee to exploit this updated licence of the Software “KeyHydra 1“ only and its modifications and improvements under the following express conditions:

– for 1 users to 20 Users for the same company
– for period of 1 Year [No updates included during the license period].
– you are granted a limited, non-exclusive, non-assignable and non-transferable license to use this software.
– the copy and public distribution right of the said software and its modifications and improvements
– for commercial and non-commercial use [Companies, Freelancers, Stduents]
– for the whole world.
 

– against payment of the sum of 0 Euros VAT included per site.

PAYMENT METHOD :  PAYPAL, VISA, MASTERCARD, AMEX

 

 

5) The password of the Licensor that allows him to identify himself to benefit from these services is personal and confidential. He is sole responsible for its use and shall not divulge it to third parties.

 

6) The Licensor reserves the unilateral right to forbid access to all or part of the site to any physical or legal entity:

– which would contravene the present Terms & Conditions for use,

– which would use personal data to which it could have access via the website to propose payable products or services or to proceed with large-scale mailing of unrequested messages in email inboxes of other internet users (”spamming”), for any other commercial purpose, or in any other unauthorised way.

– which would affect the reputation of said website in any way,

– which would affect the intellectual rights of third parties,

– which would use the software for illegal purposes

 

7) The Licensor reserves the right to modify the price of the various exploitation licences of the software. The thus modified price will be published on this Website and communicated by mail to the Licensee. The changed and/or amended sums will however not apply to licences granted before the effective date of the new tariff before their expiry.

 

3 Privacy policy

 

1) The data processed by the Company are two-fold:

– those communicated by the Licensor, and

– those automatically collected.

 

2) In order to facilitate the access of the Licensee to his personal personal account, to Licensor can register by cookie:

– His access code

– His password

A cookie is a small file sent by the server of the Licensor that is saved on the hard disc of the Licensee’s computer. It keeps the trace of the visited site and contains a number data relating to the visit. The cookies of the Licensor above all ensure the operation of the website (technical session cookies).

 

The Licensor also uses cookies to:

– more efficiently update the present website,

– contact the Licensee later for all the purposes below and

– for statistics purposes.

 

3) According to the DGPR, the Company accepts that the Licensor collects its personal data, as:

-its identity

- its permanent residence

- its e-mail address

- its number of GSM

 

The Licensor will manage a register of personal data protected against the computing attacks. It possesses, as such, an obligation of conduct.

 

The information mentioned above are used for the following purposes:

– In order to give the Licensee access to the licences for use present on the said site,

– In order to create statistics on the visit frequency of the various sections of the Licensee and his various sites,

– In order to send out invoices or order forms for licences for use on his sites,

– To send the Licensee information, commercial or otherwise, on his activities, those of the companies in his group, or any useful communication for the achievement of his business purpose or the business purpose of the companies in his group, including the sale of products and services,

– To quickly contact the Licensee,

– To better identify the interests of the Licensee,

– To facilitate browsing and searches of the Licensee on the present website.

 

4) If required by law the prior approval of the Licensee is requested when collecting his data on that objective. If the Licensee in future no longer wishes to be contacted (in particular by electronic mail), all he needs to do is contact the Licensor by email to: sales@onikanabo.com

 

5) Employees of the Licensor with access to the Licensee’s data have a strict confidentiality obligation.

 

The Licensor may have a partnership or special relations with advertising agencies active online that should receive the details of the Licensee as a sub-contractor. Technology evolves. The Licensor could therefore have to apply treatments which are not yet planned in the present document. In that case, the Licensor will contact the Licensee before re-using his data, in order to inform him of changes in the regulation and to give him the opportunity, if necessary, to refuse that re-use.

 

In conformity with DGPR, the Licensee has a right of access to information relating to him and a right to rectify. On request he therefore has the possibility to know personal data about him and to rectify possible errors. If he wishes to exercise those rights, he can contact the Licensor at the address mentioned at the bottom of the present document. Also, it can ask at any time for the abolition of its personal data of the Register of Data which is managed by the Licensor. In this last case, the licence of software will end automatically.

 

Of course, he can always opt to modify his personal data. For that purpose, he should go to his personal account and modify his details.

 

In case of problem, the Licensee can contact the Licensor on the following address:

Productions associees – Onikanabo – 14821,

Rue Coenraets, 72

1060 Bruxelles

Belgium

email: sales@onikanabo.com

 

4  Intellectual property

 

1) The Licensor holds all the Intellectual and Industrial Property rights (author rights, drawings, models, brands, software, database rights …) relating to all the software and elements of the present website (including texts, diagrams, logos, buttons, images, HTML code, database and icons) either visual or audio, including the underlying technology. They remain the full and exclusive property of the Licensor.

2) The software, developments, information, logos, drawings, brands, models, slogans, charts are also protected by the intellectual and industrial property rights. Unless if explicitly authorised by the Licensor for that purpose, through one of the above-mentioned licences for use, the Licensee is not authorised to modify, reproduce, lease, lend, sell, distribute or create original and derivative work based in full or in part on the software and elements present on the present website.

 

It is therefore forbidden, without having obtained a licence for use from the Licensor, to copy, distribute, modify or create an identical, similar or competitive derived or identical element to the software and elements distributed on the present website, including the protected concept and lay-out, to inverse the concept or assembly and in any other way to attempt finding the source code, to sell, allocate, sub-licence or transfer in any way any right linked to the present website and its content.  Any copy, translation, adaptation, modification or use in any way of all or one of the software programmes and protected elements of the website, in any form and in  any way is strictly forbidden without prior written approval of the Licensor. Any request in the matter can be sent to the following email address: sales@onikanabo.com

 

3) Unless explicitly rejected, without justification being necessary, the creation of a hyperlink to the homepage of the website on the following address: http:www.onikanabo.com and http:www.keyhydra.com  is authorised. Any hyperlink to an internal page of the present website is therefore forbidden, unless prior and explicit authorisation of the Licensor.

 

In any case, the link concerned by the rejection or prohibition above shall have to be immediately removed at the simple request of the Licensor.

 

5 Liability

 

1) The Licensor cannot be held liable for any indirect damage such as loss of earnings, data, customers, any financial or commercial prejudice, any lost revenue or any immaterial prejudice.

 

2) The liability of the Licensor cannot be involved for any inconvenience or damages inherent to the use of the software, namely service interruption, external intrusion or the presence of computer viruses, or any fact qualified as act of God, in accordance with jurisprudence.

 

6 Termination

 

The Licensor has the right to terminate the Contract in full or in part, at all times from the date of effectiveness of the Contract:

 

– in case of default by the Licensee to any obligation imposed on him by the present Terms & Conditions of use, eight (8) calendar days from receipt by the Licensee of an email or a registered letter with proof of receipt with notice to remedy the relevant default and remained without effect. In that case, the Licensor can terminate the present contract by right, subject to any damage and interests the Licensor could claim by virtue of the present document.

 

– if the Licensee is the object of a bankruptcy, liquidation or legal reorganisation procedure, subject to the valid legal provisions and regulations.

7 Miscellaneous

 

1) Under the hypothesis that one of the clauses of the present Terms & Conditions for Use would be null and void because of a change in legislation, regulation or a judicial decision, this cannot in any way affect the validity and respect of the present Terms & Conditions.

 

2) The Licensor reserves the right to implement some modifications of the said Terms & Conditions of use it required, in particular in case of technical, legal or judicial evolutions or following the launch of new services by the present website.

The Licensee will be advised of those modifications by email, on the address provided upon registration.

 

3) The present Terms & Conditions for use will never be considered to be aby partnership, joint venture, or any other association between the contractual parties. No obligation arising from the law of 1978 on employment contracts may apply to the relations between parties.

 

8 Right of withdrawal

The Licensee recognises that granting a licence for exploitation relating to software constitutes an exception to the obligation of a right of withdrawal which therefore does not apply in this matter.

 

9 Allocation of competences

 

The present Terms & Conditions of use are exclusively ruled by Belgian law. Any opposition relating to their interpretation, their application and their termination is the competence of the French language courts of justice in Brussels (Belgium).

 

In case of contention or dispute, the parties shall do anything in their power to find amicable solutions before starting possible legal proceedings.