PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND USING THE APP
By clicking the « accept » or « ok » button, or installing and/or using Antescofo SAS (« Antescofo ») « Metronaut » mobile software application (« the Application »), you expressely acknowledge and agree that you are entering into a legal agreement with Antescofo, and understand and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (« the Agreement »). If you do not agree to be bound by this Agreement please do not download, install or use the Application.
Antescofo may change the terms of this Agreement at any time by posting the changes in the Application.
- Scope of license and restriction on use :
Antescofo grants you a personal, revocable, non-exclusive, non-sublicensable, non-transferable license to download, install and use the Application on any Apple-branded product that you own or control and as permitted by the Usage Rules. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Application as well as upgrades provided by Antescofo that replace or supplement the original Application, unless such upgrade is accompanied by a Custom End User License Agreement. If you sell your Apple Device to a third party, you must remove the Application from the Apple device before doing so.
You shall use the Application strictly in accordance with the terms of the present Agreement and shall not : (a) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application ; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application ; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application ; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Antescofo or its affiliates, partners, suppliers or the licensors of the Application ; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended ; (f) distribute or make the Application available over a network where it could be used by multiple devices at the same time ; (g) use the Application for creating a product, service, software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Antescofo ; (h) use any proprietary information or interfaces of Antescofo or other interllectual property of Antescofo in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Application.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
- Consent to use of data
You agree that Antescofo may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. Antescofo may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- Termination of license
The present Agreement is effective until terminated by you or by Antescofo. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.
Antescofo also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. You agree that Antescofo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application. Antescofo reserves the right to change, limit usage of, charge for continued usage of (of course require you to opt in before incurring any change), and/or discontinue any service at any point in time.
Antescofo may change the price for its services, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. As permitted by local law, you accept the new price by continuing to use the Application’s services after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by stopping to use the service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
- External services
The Application may enable access to Antescofo’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Antescofo is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Antescofo or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Antescofo or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Antescofo is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Antescofo reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
- Intellectual property
The Services are licensed, and not sold, to you under this Agreement. All rights, title and interest in and to (i) the Application and any part thereof ; (ii) text, documents, articles, musical scores, notes, lyrics, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Application ; (iii) the Application products, Application and software ; (iv) content uploaded to or stored on the Application by you ; (v) the trademarks, service marks, and logos contained therein, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated with any of (i) to (v) above are the property of and are owned by Antescofo and its licensors and may be protected by applicable copyrights or other intellectual property laws and treaties. Except as expressely set forth herein, nothing in this Agreement shall be construed as transferring any rights to you or any third party. Antescofo and its licensors reserve any and all rights not expressly granted in this agreement.
Music contents accessible via the Application belong entirely and exclusively to the public domain. We are the producer of all audio recordings displayed in the Application. All of the Application is thus copyright free. However, if you are an intellectual property owner or agent thereof and believe that any content on the Application infringes any rights that you own or represent, then you may submit a notification of claimed infringement to the following email address : email@example.com. We will respond accordingly.
- Payment Policy
You may access parts of Service(s) for free, and other services and products require payment of subscription and/or other fees. By choosing to access the paid content and making the payment you authorize us to charge your credit card or other approved payment method for all the costs and charges (including any additional payment processing fees which may be applicable) you incur by choosing to access the paid content. Fees may be based on one-time or renewing payments as more fully described in the Service. If you choose to sign up for an auto-renewable subscription you understand and authorize that your payment will automatically renew at the end of the subscription period, unless you cancel your subscription before the end of the current subscription period, and give permission for such billing transactions to take place. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your account(s), including your family members or friends. Please note that we may use a third-party payment processor to facilitate your payments. If you make a purchase through a third party application store, including but not limited to the Apple iTunes Store or Google Play Store, or through our Mac, iPhone, iPad applications your purchase will be subject to such third party’s applicable payment policy.
Payment information To access the paid-for parts of Service(s), you must provide a valid and accepted payment information. If the payment information provided by you is declined for payment of your subscription and/or other fees, you must provide us a new eligible payment information promptly or your access to the paid content may be suspended. The paid-for Service(s) begins as soon as the initial payment has been processed. Trials When you register for paid-for parts of our Service(s), including any services and products that require payment of subscription and/or other fees, you may be eligible for a trial period without payment or at a reduced rate. This may vary depending on promotions, type of subscription and the term you select at the time of purchase. We reserve the right, in our absolute discretion, to determine your eligibility for a trial. We may require you to provide your valid payment information to start the trial. Unless you cancel your paid subscription prior to the end of the trial period, after the end of the trial period your subscription for such paid-for parts of our Service(s) will automatically continue as a paid-for subscription billed on a recurring basis until you cancel your paid-for subscription (turn off automatic renewal from your account settings or via the Apple iTunes Store or the Google Play Store). If you cancel your paid-for subscription, then your account will only have access to those parts of our Service(s) that you may access for free. Billing & renewals Our auto-renewable subscription plans may be billed as one payment for the term (e.g. 1, 3, 6 or 12 months) or in monthly instalments charged every month for the duration of the term. The pricing and terms applicable to your subscription may vary depending on promotions, type of subscription and the term you select at the time of purchase. All subscriptions renew automatically using the payment information you have provided for your account, and as such payment details are updated from time to time. When you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information for the renewal fee. If your subscription started with a promotion or trial at a reduced rate, your renewal rate may be higher than your initial rate. Auto-renewal of the subscriptions made on our site can be cancelled at any time before the renewal date from your account settings or by contacting our support. Cancelling auto-renewal of the subscriptions made on our mobile apps is bound to the terms and conditions and applicable payment policy the store operator (e.g. Apple Inc.) has set for the purchasing account. In some cases, your payment billing dates or billing term of your subscription may change if your payment has not successfully settled on the original due date. We will inform you of the billing term change through email. Pricing change Our prices may change in the future. If the pricing for your subscription does change, we will notify you, and provide you an opportunity to review those changes to your subscription. Applying those changes to your account or charging your payment details in connection with an automatic renewal is subject to your approval of the changed pricing. Refunds Except as specifically provided otherwise, any payments are always FINAL and NON-REFUNDABLE, however, without limiting the possibility of a refund (if any) from the application store (in accordance with the relevant terms and conditions applicable to purchases from that application store). 8. Warranty disclaimers NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ANTESCOFO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANTESCOFO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ANTESCOFO BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ANTESCOFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Antescofo’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Commercial items
The Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Applicable law
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Application from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
- Usage Rules
If you are downloading the Application from an applications distribution system, please be aware that such distributor may have established Usage Rules which also govern the use of the Application. You acknowledge that, prior to downloading the Application from a distributor you have had the opportunity to review and understand and will comply with its Usage Rules.
If you download the Application from Apple, Inc. App Store then without derogating from the warranty disclaimers and limitation of liability set forth in the Agreement, you acknowledge and agree that :
This Agreement is concluded between Antescofo and only you, and not with Apple, and Antescofo, not Apple, is solely responsible for the Application and the content thereof. Antescofo is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Antescofo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will to the extent applicable refund the purchase price for the Application to you. Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Antescofo’s sole responsibility. Antescofo, not Apple, is responsible for addressing any claims you or any third party relating to the or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, Antescofo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. You must comply with applicable third party terms of agreement when using your Application You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims regarding the Agreement, please contact Antescofo at:
38 Rue Meslay