End User License Agreement

This end user license agreement is a legal contract between You ("Licensed to" defined below) and the Author.

1. Definition

The following terms have the following meanings:

  • Software means REQCHECKER™ product developped by Author and the associated component Add-in for Microsoft Word.
  • License means the license to use the Software as set out in this document.
  • Author means KHILOGIC EI company incorporated in France under company number RCS 814 999 629.
  • You means the licensee who is the end user of the Software.
  • Maintenance Service separately purchase Maintenance Service.
  • End Of Maintenance means the end of maintenance service.
  • Upgrade means an updated version of the Software.

BY DOWNLOADING, INSTALLING, USING, COPYING THIS SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE SOFTWARE LICENSE AND DISCLAIMER OF WARRANTY) WITH THE AUTHOR THE OWNER OF ALL RIGHTS IN RESPECT OF THE SOFTWARE. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. IF You DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE THEN DO NOT DOWNLOAD, INSTALL, USE OR COPY THE SOFTWARE.

2. License Conditions

THIS DOCUMENT CONSTITUES A LICENSE TO USE THE SOFTWARE ON THE TERMS AND CONDITIONS APPEARING BELOW. THE SOFTWARE IS LICENSED, NOT SOLD. The Software is Copyright by the Author. The Software is protected by both the French legislation and international copyright treaty provisions.

The Author grants You a non-exclusive, non-transferable license to use the Software for the following purposes and in the following manner:

  • You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the Software without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.
  • You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the Software in whole or in part.
  • You may NOT use the Software to engage in or allow others to engage in any illegal activity.
  • You may NOT transfer or assign Your rights or obligations under this License to any person.
  • The Software contains trade secrets and to protect them You may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software except to the extent that You may be expressly permitted to reverse engineer or decompile under applicable law.
  • You are NOT permitted to grant any sub-licenses of the Software.
  • The Author reserves the right to revoke the above distribution right at any time, for any or no reason.
  • You may NOT use the Software in corporate or commercial environments (applicable for REQCHECKER™ FREE only).

Node-locked licence

REQCHECKER™ FREE, REQCHECKER™ TRIAL, REQCHECKER™ PRO and REQCHECKER™ EXPERT is provided under a "node-locked" licensing model, which restricts the use of the Software to a single specified device or hardware configuration by a single user at a time ("Licensed Node"). The following conditions apply to Your use of the Software:

  • Single Device Limitation: The Software is licensed exclusively for installation and use on the Licensed Node. Installation or use of the Software on any other device or hardware configuration without prior written consent from the Author is strictly prohibited.

  • Non-transferability: The licence is non-transferable. You may not transfer the Software, or any rights under this licence, to another individual or entity, nor may You lease, lend, or sell the Software to anyone else.

  • Hardware Binding: The Software is bound to the specific hardware configuration of the Licensed Node at the time of activation. Any significant changes to the hardware (such as motherboard replacement or hardware upgrades) may result in the invalidation of the licence, requiring reactivation or a new licence.

  • Backup Copies: You are permitted to create one backup copy of the Software for archival purposes, provided that it is not used on any device other than the Licensed Node.

  • Compliance and Audits: The Author reserves the right to audit Your compliance with the terms of this licence. In the event of a breach of this Agreement, the Author may terminate the licence and seek appropriate remedies.

By accepting this Agreement, You confirm Your understanding of and compliance with these constraints related to the use of the node-locked licence.

Floating Token licence

REQCHECKER™ TEAM is provided under a "floating" licensing model, where a limited number of usage tokens ("Floating Tokens") are assigned for concurrent user access across multiple devices or instances. You are permitted to install the Software on multiple devices; however, the number of active instances may not exceed the total number of Floating Tokens granted under this licence at any given time.

The following restrictions apply:

  • Concurrent Usage Limitation: Floating Tokens may only be used to support simultaneous access up to the allocated quantity of Floating Tokens. Exceeding this limit, whether intentionally or inadvertently, is strictly prohibited.

  • Non-transferability: Floating Tokens are non-transferable between users or systems outside of those authorised under this Agreement. Sharing Floating Tokens beyond Your licensed group or network is a violation of this licence.

  • Token Management: You are responsible for maintaining appropriate controls to ensure that the number of active instances does not exceed the licensed Floating Token count, including using SGLM License Manager software.

  • Audits and Compliance: The Author reserves the right to periodically audit usage to ensure compliance with Floating Token restrictions. Any detected violations may lead to the suspension or revocation of the licence.

  • Termination of Unused Tokens: Floating Tokens not actively in use are subject to release and may be reallocated to another authorised device or user within Your organisation as long as the concurrent usage limit is not exceeded.

SGLM License Manager is the floating token manager provided by KHILOGIC EI. Its use is mandatory for the distribution of floating tokens REQCHECKER™ TEAM except when using licences hosted by the Author (REQCHECKER™ TEAM SaaS service or Floating License Hosting service). It ensures distribution and compliance with the above rules. A token is released 15 minutes after the Software is closed so as not to penalise the current user who is still active. In the event of a connection failure between the computer running REQCHECKER™ TEAM and the floating token server, the token is automatically released after 2 hours.

By accepting this Agreement, You acknowledge and agree to abide by these limitations on Floating Token use, and You accept responsibility for ensuring compliance within Your organisation or user group.

3. Intellectual Property and Ownership

The Software is licensed to You for use only upon the terms of this license. The Author retains ownership of all copies of the Software. All rights of any kind in the Software which are not expressly granted in this Agreement are entirely and exclusively reserved to and by the Author. REQCHECKER™ is a trademark of the Author.

4. Warranty Information

TO THE FULL EXTENT PERMITTED BY LAW, THE AUTHOR HEREBY EXCLUDES ALL CONDITIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, NOT EXPRESSLY SET OUT HEREIN. The Software, and all accompanying files, data and materials are distributed "as is" and with no warranties of any kind, whether express or implied. The Author does not warrant, guarantee or make any representations regarding the use, or the results of the use, of the Software with respect to its correctness, accuracy, reliability, currentness or otherwise. the entire risk of using the software is assumed by You. The Author makes no express or implied warranties or conditions including, without limitation, the warranties of merchantability or fitness for a particular purpose with respect to the Software. No oral or written information or advice given by the author, its distributors, agents or employees shall create a warranty, and You may not rely on any such information or advice.

5. Updates

The software is updated regularly. Updates are available online on the official website. The frequency of updates is freely defined by the Author. Upgrading from a paid version REQCHECKER™ PRO, REQCHECKER™ TEAM and REQCHECKER™ EXPERT requires an active Maintenance Service contract.

6. Disclaimer

  • Limitation of Liability: The Author shall not be liable for any damages arising from the use or inability to use the Software, including but not limited to loss of data, loss of profits, or any direct, indirect, incidental, or consequential damages, even if the Author has been advised of the possibility of such damages.

  • No Maintenance or Support Obligations: Outside any maintenance contract in force with You, the Author provides the Software "as is" and makes no representations or warranties regarding the availability of maintenance or support services. The Author is not obligated to provide any updates, enhancements, or modifications to the Software after the initial delivery, and any such services, if offered, shall be at the sole discretion of the Author.

  • Cessation of Business Activities: In the event that the Author ceases business operations for any reason, including but not limited to insolvency, bankruptcy, or any form of termination of business activities, the Author shall have no further obligations to You regarding the Software. This includes, but is not limited to, any obligations related to the provision of maintenance, support, updates, or any other services.

  • Acknowledgement of Risks: By accepting this licence, You acknowledge and accept the risks associated with the use of the Software.

  • Limitation of Remedies: IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS), EVEN IF THE AUTHOR OR ANY THE AUTHOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT DOES THE AUTHOR AUTHORISE YOU TO USE THE SOFTWARE IN SITUATIONS WHERE FAILURE OF THE SOFTWARE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD THE AUTHOR HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORISED USE.

7. Indemnification

You agree that You have tested the Software with its REQCHECKER™ FREE or REQCHECKER™ TRIAL version and that You accept it as is. No refund is allowed after ordering.

8. Termination

This license is effective until terminated. The License will terminate automatically without notice from The Author if You fail to comply with any provision of this License. Upon termination You must destroy the Software and all copies thereof. You may terminate this License at any time by destroying the Software and all copies thereof. Upon termination of this license for any reason You shall continue to be bound by the provisions of Section 2 above. Termination will be without prejudice to any rights The Author may have as a result of this agreement.

9. Changes to the EULA

In the event of an update, the terms of this agreement cancel and replace the previous EULA, which becomes null and void and inapplicable.

10. Third party

You agree with the Third Party Software notices distributed with the Software.

11. Maintenance Service

The Author does not provide any support, Upgrade or other kind of services for the Software under this EULA. You have no rights to any upgrades or enhancements to the Software developed by the Author unless You separately purchase Maintenance Service available for the following licences: REQCHECKER™ TRIAL, REQCHECKER™ PRO, REQCHECKER™ TEAM and REQCHECKER™ EXPERT. The Maintenance Service is available from the date of the payment of the Maintenance Service fee until the End Of Maintenance date. During this period, the following services are available:

  • UPGRADE: the new version of the software published during the period may be licensed to You by the Author
  • CORRECTIVE MAINTENANCE: the Upgrades includes some bug correction when decided by the Author.

You agree with the following limitations: * The Author undertakes to correct only those anomalies that he/she considers to be major for use. * The Author has no obligation regarding any response time. * The Author has no obligation to provide any support services. * A non-renewed maintenance contract is not renewable for one month after its termination date.

12. REQCHECKER™ TEAM SaaS Service

The REQCHECKER™ TEAM SaaS Service is available from the date of service URL delivery for one month. During this period, the following services are available:

  • UPGRADE: the new version of the software published during the period may be licensed to You by the Author
  • CORRECTIVE MAINTENANCE: the Upgrades includes some bug correction when decided by the Author.
  • TOKEN HOSTING: The SGLM License Manager server that distributes your tokens is provided by the author, including cloud hosting, software deployment and activation key updates.

The Author generally provides a service availability above 99.5% (SLA).

13. Floating License Hosting Service

The Floating License Hosting Service is available from the date of service URL delivery for one year. During this period, the following services are available:

  • TOKEN HOSTING: The SGLM License Manager server that distributes your tokens is provided by the author, including cloud hosting, software deployment and activation key updates.

The Author generally provides a service availability above 99.5% (SLA).

14. Governing laws - jurisdiction

This Agreement shall be construed, interpreted, and applied in accordance with the French Law. The Courts of Paris, France shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.

If any part of this License is found to be void and unenforceable it will not affect the validity of the remainder of this License, which shall remain valid and enforceable according to its terms.