Sarbacane 3, professionnal emailing software
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Introduction
 
1 - Recipients
 
2 - Message
 
3 - Sending
 
4 - Tracking and statistics
Subscriptions
 
Upgrades
 
Business FAQs
Home
 
FAQs
 
Manual
 
Retrieve my licence
 
Support ticket
Who are we?
 
Press
 
Anti-spam policy
 
Terms of use
 
Contact

Other usefull documentation:
Antispam policy | Terms of use



SARBACANE LICENSE AGREEMENT


You are going to use a software product from the Sarbacane Software suite (hereafter named Software) and we wish to thank you. This use does not make you the owner of the Software but it gives you the usage rights subject to the conditions detailed hereafter. By agreeing to install the software, you accept to comply without reservation with the terms and conditions of the present License. If you do not accept any one of the clauses of the license agreement, you must immediately abort the installation process of the Software without validating it.

The licensee’s rights on the software are specified in the present License, to the exclusion of those that have not been explicitly granted by the present.

I – LICENSE LIMIT
Unless stipulated expressly by Sarbacane Software, the License for use of the software is granted to you for only one computer in a single location. In case of inspection, a proof of purchase (original diskette or CD-ROM, invoice or cash slip) will be requested for each certified installation of the Software. In case of an online purchase, you are therefore advised to print the corresponding invoice. The physical transfer of the Software from one computer to another is permitted on the condition that the Software is used only on one computer at a time. Only the backup copy is authorized and will have to be made in accordance with the provisions of article 2 below.

The user is also not authorized to copy the printed documentation of the Software, this being protected by copyright laws.

Any use not envisaged in the previous paragraph is forbidden and in particular, without it being restrictive, you cannot without the written permission of Sarbacane Software:
  - Distribute, grant, lend, sell, give on credit lease, sub license, give or distribute all or part of the software to a third party, in whichever the manner.
  - Alter, dismantle, decompile, adapt, create derived works, integrate into another software, translate or modify, in whichever the manner, all or part of the Software
  - Make copies of all or part of the Software (other than the backup copy under the conditions specified below). IT IS EXPLICITLY STATED THAT IT IS FORBIDDEN TO PUT ALL OR PART OF THE SOFTWARE AT THE DISPOSAL OF THE PUBLIC BY MEANS OF THE INTERNET OR ANY OTHER MEANS, WITHOUT PRIOR WRITTEN PERMISSION OF SARBACANE SOFTWARE.

II – TECHNOLOGY OF REGISTRATION AND MANAGEMENT OF LICENCES
The Software may contain a technology of registration and management if licences. This technology is usually used when opening the software or when using it. It allows the management of multi-users licences and all services available by remote and attached to the licence number. The end-user accredits that this technology uses a secured communication line which links him up with Sarbacane Software by means of Internet or a technology which could be available in the future, and that information collected on the user’s computer(s) where the Software has been installed and which objective is to identify this (these) computers, can be transferred to Sarbacane Software.

For control and statistics reasons may Sarbacane Software analyse information transferred by means of this technology on the Server of registration and management of licences. If any fraud of licence number is suspected, Sarbacane Software will have the right to abrogate the licence concerned and this without any period of cancelation nor reparations. An advanced analysis of the connecting Logs of the Software, particularly the identification of the connecting IP’s of the licensee could be implemented and potentially conferred on appropriate authority.


III – BACKUP COPY
In the case of purchase of the original CD-ROM or diskette and if the original CD-ROM or diskette is used for working with the Software, the present License authorizes you to have a backup copy in the format of your choice. However, from the moment the program is copied on to the hard disk, it is the original CD-ROM that will act as backup. In the case of an online purchase, you are authorized, in addition to the installation of the software on your hard disk, to have a backup copy in the format of your choice.

The sole purpose of this copy is to regenerate the original software in case of accidental corruption. In no case can it be used for other purposes. Keep it in a safe place. Warning: you could be held liable in case of illegal use by a Third party.

The present License is also applicable to the backup copy.

IV – OWNERSHIP
Sarbacane Software holds all the rights for editing and reproducing the Software and its documentation and on every certified copy within the framework of the present License in accordance with copyright laws.

Consequently, you will take all the measures necessary to protect the aforesaid rights and particularly will comply with and will enforce compliance with all the notices and warnings relating to these rights regarding the software components or its backup copy.

V – DURATION – TERMINATION
The present License is granted for a period agreed at the time the Software is supplied. However any violation of the terms and conditions of the present License on your part will give Sarbacane Software the right to automatically terminate the present License without prior notice and without prejudice to the other recourses open to it. In the event of termination, you undertake to stop using the Software and to return it to Sarbacane Software, without delay and on a simple request, as well as its backup copy, if required.

VI – WARRANTY AND LIABILITY
Sarbacane Software does not guarantee in any manner that the Software responds to whatever functionality or to the user specifications irrespective of whether they were written prior to the acquisition or not. Sarbacane Software cannot be held liable for any damages or problems caused by the software under License and which could result from using it. This includes, but not in an exhaustive manner, the hardware, the software, the operating system or any other computer accessory whatever it may be.

The warranty is strictly limited to physical media, which will be exchanged in the event of established defect.

The present warranty applies for the duration of 6 months following the date of delivery, it being understood that in the case of product return, shipping charges are to be borne by the sender. NOTWITHSTANDING WHAT PRECEDES, SARBACANE SOFTWARE CANNOT BE IN ANY CASE HELD LIABLE FOR ANY DAMAGE, DIRECT OR INDIRECT, CAUSED TO YOU OR TO A THIRD PARTY, IN PARTICULAR, INDICATIVE OF AND NOT LIMITED TO, LOSSES OF EARNINGS, EXPENDITURE, LOSSES OF SOFTWARE, CORRUPTIONS OR LOSSES OF PHYSICAL MEDIA BY YOURSELF OR BY A THIRD PARTY, INCLUDING THE EXPENSES OF RECOVERY, REPRODUCTION, OR REPAIR OF SUCH LOSSES OR CORRUPTIONS.

VII – ASSISTANCE IN USING THE SOFTWARE
The present License does not entail any other obligation for assistance by Sarbacane Software regarding the use of the Software. The user will find additional information, permanent user assistance and will be informed of developments and new versions of the software at the web address: http://www.sarbacane.com/uk-us/.

VIII – GENERAL PROVISIONS
The present License is subject to French laws. Any dispute relating to the interpretation of the present license will be brought before the appropriate jurisdiction. The present License is granted for Metropolitan France.

IX – PERSONAL DATA
In accordance with the provisions of the Data-processing and Freedom law of January 6, 1978 (modified by the law of August 6, 2004 relating to the protection of the individuals with regard to the processing of personal data), you have the advantage of a right to access, correct or oppose the collected personal data concerning you at the time of the registration or the use of this Software. These rights can be exercised by contacting us at the following address:
Sarbacane Software - Vie Privée
3 Avenue Antoine Pinay
Parc d'activités des 4 vents
59510 HEM
FRANCE

X - PROVISIONS SPECIFIC TO THE USE OF THE SARBACANE SOFTWARE
A - PRIVACY POLICY
The user must comply with the provisions relating to the privacy policy. Thus, in particular, if the Licensee makes use of personal data for direct marketing purposes, he must allow the concerned person to object to the proposed use of personal data relating to him for free and without any justification.
SARBACANE SOFTWARE reminds you, for your information, that the legislation to be considered is the one of the State in which the licensee who sends the emails has domiciliary status.
The licensee cannot use the Software to send email for publicity purposes without prior consent, clear and specific from the recipient of the messages if they are personal correspondence data.
As a measure of security and to verify the conformity of use of the software with the license agreement, Sarbacane Software will automatically receive by email a copy of the message sent by the Licensee for each campaign sent out from the Software. Sarbacane Software reserves the right to use these copies to identify sender of a campaign sent out with the Software.

B - USE OF THE PERSONALIZED TRACKING SERVICE AND THE PROFESSIONAL ROUTING SERVICE
The conditions of use of the personalized tracking service and the Professional Routing Service proposed as options in the Software are to be found at the following address: http://www.sarbacane.com/uk-us/terms_of_use.asp.
In the case of this optional service, the Licensee is invited to study these conditions and to abide by them during its use.


 
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