Terms and conditions

The www.hextrakt.com website is the exclusive property of Hextrakt S.A.S, a French company "par actions simplifiées" (simplified joint-stock company). Our company registration number is RCS 825 395 080 Montpellier (France). Our European Union VAT number is FR 01 825395080.

Hextrakt is located at:

177 Avenue Louis Lumiere
34400 Lunel
France
Email address: contact@hextrakt.com

Hextrakt's website is hosted by Infomaniak

Avenue de la Praille, 26
1227 Carouge
Suisse

License agreement (EULA)

IMPORTANT: THIS IS THE END-USER LICENSE AGREEMENT (EULA) BETWEEN US (THE LICENSOR) AND YOU (THE LICENSEE). PLEASE READ IT CAREFULLY. BY DOWNLOADING, INSTALLING, USING HEXTRAKT SOFTWARE AND DOCUMENTATION, YOU AGREE THAT THIS EULA IS A LEGALLY BINDING AND VALID AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD,  INSTALL OR USE THE SOFTWARE.

1. PARTIES

(a) WE are the company Hextrakt. WE (also referred to as "Us", "Our")
are the Licensor of this EULA. Our principal place of business is at
177 Avenue Louis Lumiere, 34400 Lunel, FRANCE. Our Company
Registration Number is RCS 825395080 MONTPELLIER (FRANCE).

(b) YOU are the "Licensee" of this EULA. YOU are an individual person
who is the license holder of the Software.

2. DEFINITIONS

(a) The "Software" means Hextrakt Crawler. The Software can be
downloaded from our website at http://www.hextrakt.com. The Software
is subject to the terms and conditions of this EULA.

(b) License Price. Licenses are sold by Us, for free or at different
price levels, depending on the features of the Software that YOU wish
to use. Our current offering can be read on Our website.

(c) License Number. The process of obtaining a License Number can be
followed on Our website at http://www.hextrakt.com. The obtained
License Number must be entered in the "License" window of the
Software.

3. 30-DAY FREE EVALUATION PERIOD

YOU may freely install and use the Software during a unique 30-day
(thirty day) evaluation period. It is of YOUR responsibility:

(i) to evaluate the Software and check that the Software is suitable
to meet YOUR specific requirements;

(ii) and to check that the Software will run on YOUR specific hardware
(computer and network infrastructure).

At the end of the evaluation period, YOU may either:

(i) obtain a valid License Number from Us (free or paid) and continue
to use the Software;

(ii) or uninstall the Software.

YOU are not allowed to use the Software for commercial purpose during
the evaluation period.

4. GRANT OF LICENSE

Provided that YOU have obtained a valid License Number from Us and
that you have paid (if non free) the license price;
Subject to the terms, conditions, and limitations set forth in this
EULA, WE hereby grant to YOU a limited, non-exclusive, non-
transferable license to use the Software for a period of 1 (one) year
as follows.

YOU may:
(i) install the Software on one computer, on the condition
that only YOU will run the installed Software at any time.

If the License was paid, YOU may:
(ii) use the Software for YOUR business, internal business or own
private purposes.

If the License was a free one, YOU may:
(iii) use the Software only for your own private purpose. YOU are
not allowed to use the Software for commercial purpose.

YOU may not:

(i) permit any other person to use the Software or to exercise any of
the rights granted by US to YOU in this EULA.

(ii) sell, redistribute, encumber, give, lend, rent, lease,
sublicense, or otherwise transfer the Software, or any portions of the
Software, to anyone without the prior written consent of the Licensor;

(iii) reverse engineer, decompile, disassemble, modify, translate,
make any attempt to discover the source code of the Software, or
create derivative works from the Software.

All intellectual property rights in the Software are and will remain,
as between the parties, the property of the Licensor.

5. THIRD-PARTY SOFTWARE

The Software may embed or be linked statically or dynamically with
other Third-party software. The complete list of the Third-party
software can be found in the "third-party" subdirectory of the
Software.

(a) The Licensee agrees to comply with the terms and conditions
written in the respective Third-Party Software license agreements that
can be read in the "third-party" subdirectory of the Software.

(b) The Licensee agrees and acknowledges that Sections 6 and 7 of this
Agreement shall also govern Licensee's use of the Third-Party
Software.

(c) THE LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE.

6. LIMITED WARRANTY

(a) THE SOFTWARE IS PROVIDED TO THE LICENSEE "AS IS" AND  WITHOUT WARRANTIES. THE LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE.

(b) IN ANY CASE, THE LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE LICENSEE FOR ITS CURRENT SOFTWARE LICENSE UNDER THIS AGREEMENT.

7. DISCLAIMER OF DAMAGES

(a) YOU are hereby informed that the activities of auditing and/or
crawling websites can be harmful for both YOUR infrastructure and the
target website infrastructure. These activities can lead to direct or
indirect damages, including, but not limited to, loss of data,
hardware or software failures, loss of profits. The Software is
running under YOUR responsibility. YOU are responsible especially
for:

(i) requesting all the required authorizations;

(ii) crawling websites in agreement with the target website's owner;

(iii) planning crawls in order to minimize possible damages that might
occur during this activity.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE  LAW, IN NO EVENT WILL THE LICENSOR BE LIABLE TO THE LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY THE LICENSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE  OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.