End-user license agreement (“EULA”)

The terms below are minimum license terms which an end-user shall apply when using and ALE Software or an ALE’s products or solutions embodying a Software.

Please read the following agreement in English carefully before installing, downloading, or using this Alcatel-Lucent Enterprise software or documentation: IF YOU DO NOT UNDERSTAND THE ENGLISH LANGUAGE, DO NOT USE THE SOFTWARE OR DOCUMENTATION, and cancel the installation or downloading. You may obtain a copy in your local language from the authorized entity that provided You with a copy of this software or documentation.

Veuillez lire attentivement le texte de licence en Anglais ci-dessous avant d’installer, télécharger, ou utiliser le logiciel ou la documentation Alcatel-Lucent Enterprise: SI VOUS NE COMPRENEZ PAS LA LANGUE ANGLAISE, N’UTILISEZ PAS LE LOGICIEL OU LA DOCUMENTATION, et annulez l’installation ou le téléchargement. Vous pouvez obtenir un texte de licence en langue française auprès de l’entité autorisée à Vous communiquer une copie du logiciel ou de la documentation.

Acceptance: Read the following agreement carefully before installing, downloading, or using the Software or documentation (“Software”): by clicking on the “Accept” button while installing, downloading, and/or otherwise by installing, downloading or using the Software, You agree to the terms and conditions of this agreement. If You do not agree to all of the terms and conditions of this agreement, promptly click on the "Decline" or "I Do Not Accept" button, cancel the installation or downloading, or destroy or return the Software to the entity authorized by ALE to provide You with a copy of it, or to an ALE company if you obtained the copy directly from an ALE company. YOU AGREE THAT YOUR USE OF THE SOFTWARE, OR YOUR USE OF THE SOLUTION EMBODYING THE SOFTWARE, CONSTITUTES ACKNOWLEDGEMENT THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.

As used in these license terms (the “License terms”), the following terms shall have the following meaning: “Licensor” means ALE International, a French company registered under number 602 033 185 RCS Nanterre and having its registered office at 32 avenue Kléber, 92700 Colombes, France, or any entity Controlling, Controlled by or under common Control, directly or indirectly, with ALE International but only during the time that such Control exists. “Control” for the purposes of this definition means the ability to determine the management policies of a company or other entity through ownership of a majority of shares, by control of the board management, by agreement or otherwise “Controlling” an “Controlled” shall be interpreted accordingly. “Licensee” means You ; “Software” means the machine readable (object code) version of the computer programs purchased from Licensor, either incorporated in the products you purchased from Licensor or provided by Licensor as a stand-alone product ; unless otherwise specified, Software shall include copies and maintenance release or major release thereof. The License terms also benefit to the third-party publishers.


  • 1. GRANT OF LICENSE

    • Licensor, grants to You and to You only (end-user accepting these License terms), the "Licensee", a non-transferable, non-exclusive and personal license (herein the “License”) to use the SOFTWARE solely in connection with the operation of such Products, and for your own internal business purpose. Such License shall be subject to payment in full of any specified license fee provided however that, in absence of any specified fee, the License shall be deemed to be royalty free. For the avoidance of doubt, this License shall not be deemed a sale, a sale of a copy of a program, a lease, a rental or a loan.


  • 2. USE AND COPY RESTRICTIONS

    • Except as permitted herein or with ALE written consent, you shall not, nor attempt to (a) reverse engineer, disassemble, decompile (including but not limited to review of data structures or similar materials produced by the SOFTWARE) or re-create the source code from the SOFTWARE, except to the extent (i) such a possibility is granted to you by law for interoperability and (ii) such law cannot be superseded by the foregoing prohibition), or (b) translate, modify or create derivative works based on the SOFTWARE or accompanying written materials, or (c) distribute, sell, assign, pledge, sublicense, rent, use for timeshare or subscription service or hosting or outsourcing, publish any results of benchmark tests run on the SOFTWARE, make the SOFTWARE available in any manner to any third party for use in the third party’s business operations, title to SOFTWARE from passing to You or any other party, lease, deliver or otherwise transfer or grant access to the SOFTWARE nor permit any other person to do any of the foregoing, (d) remove from the SOFTWARE any of the trademarks, trade names, logos, patent or copyright notices or markings or add any other notices or markings to the SOFTWARE. Subject to the restrictions above, you may make one (1) copy of the SOFTWARE solely for backup purposes if and to the extent required. You must reproduce and include the copyright notice on the backup copy. The SOFTWARE is (are) subject to a restricted license and can only be used in conjunction with ALE’s products or solutions embodying the SOFTWARE. You are responsible for Your agent’s, contractor’s, outsourcer’s, customer’s and supplier’s use of the SOFTWARE on Your behalf (use authorised by Your agent, contractor, outsourcer, customer and supplier for Your internal business operations only) and compliance with these Lisence terms. You permit ALE to: (i) audit Your use of the SOFTWARE and will provide reasonable assistance and access to information in the course of such audit and (ii) report the audit results to third party(ies) publisher(s) of the SOFTWARE or assign such audit right to such third party(ies) without any costs for them.


  • 3. OWNERSHIP OF SOFTWARE - INDEMNITY

    • 3.1 As the Licensee, you only own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but Licensor and/or its third-party suppliers/publisher(s) shall retain ownership of all patents, copyrights, trademarks, trade names, trade secrets and other intellectual proprietary rights relating to or residing in the SOFTWARE. The SOFTWARE may include: (i) source code that a third-party publisher may provide as part of its standard shipment, which source code shall be governed by the License terms, and/or (ii) third-party technology not owned by the third-party SOFTWARE publisher, as mentioned in the License terms or in ALE products or solutions’ documentation or as otherwise notified by ALE, which is appropriate or necessary for use with the third-party SOFTWARE (such third-party technology is licensed to You only for use with ALE products or solutions under the terms of this third party’s license agreement if specified in ALE products or solutions or as otherwise notified by ALE, but not under these License terms).

    3.2 Subject to article 6 below, Licensor shall defend Licensee against any claim, action or proceeding brought against Licensee based upon a substantive allegation that the SOFTWARE infringes any patent or copyright of any third party (a "Claim"), and shall indemnify Licensee against, and hold Licensee harmless from, any and all costs and damages finally awarded against Licensee that are directly attributable to such Claim, provided that (a) Licensee delivers to Licensor written notice of the Claim and of any actions taken in connection therewith without undue delay and in no event later than fifteen (15) business days after Licensee first receives notice thereof, and (b) Licensee grants to Licensor the sole authority to assume the defense thereof, and the sole right to settle the Claim, through counsel chosen solely by Licensor, and (c) Licensee reasonably cooperates with Licensor in connection therewith.

    If a Claim would have the result of limiting Licensee’s rights, Licensor shall use best efforts, at its own expense and option, to (i) modify the SOFTWARE to the extent required to render it non-infringing, (ii) to replace it with comparable non-infringing SOFTWARE (iii) to obtain any third party license required to enable the Licensee to use the affected SOFTWARE or (iv) to return the purchase price to Licensee less a reasonable allowance for use. Licensee shall not enter into any settlement of such Claims or proceedings without the prior written consent of Licensor.

    Licensor shall have no responsibility or indemnification obligation for any Claim by a third party to the extent the claim or loss is based upon any of the following:

    (i) compliance with plans, specifications or designs furnished by Licensee;

    (ii) use of the SOFTWARE by Licensee in combination with other products or equipment which are not supplied by Licensor;

    (iii) use of the SOFTWARE by Licensee, other than in accordance with the instructions of Licensor;

    (iv) modification of the SOFTWARE by or for the Licensee.

    Licensee shall defend Licensor against any Claim or other infringement claim, and indemnify Licensor against, and hold Licensor harmless from, any and all costs and damages incurred by Licensor arising therefrom, if the alleged infringement arises out of one of the circumstances listed in paragraphs (i) to (iv) above, in each case to the extent that such Claim would not have arisen had such circumstances not occurred.


  • 4. WARRANTY DISCLAIMER

    • TO THE EXTENT ALLOWED BY APPLICABLE LAW THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR AND ITS THIRD-PARTY SUPPLIERS/PUBLISHERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT ITS OPERATING WILL BE UNINTERRUPTED. LICENSOR AND ITS THIRD PARTY SUPPLIERS/PUBLISHERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE, OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.


  • 5. TERMINATION

    • This License will terminate automatically without notice from Licensor if it expires or if you fail to comply with any provision hereof. Upon termination You shall discontinue use and destroy at your own costs and expenses the written materials, SOFTWARE’s related documentation and all copies of the SOFTWARE, including back-up copies, if any.


  • 6. LIMITATION OF LIABILITY.

    • EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, RESELLERS OR SUPPLIERS/PUBLISHERS BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOSS OF PROFIT OR LOSS OF REVENUE OR LOSS OF DATA OR DATA USE, COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING HEREIN SHALL AFFECT ANY RIGHTS UNDER ANY THIRD AGREEMENT. TO THE EXTENT THE FOLLOWING LIMITATION OF LIABILITY IS NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE LIABILITY OF LICENSOR EXCEED, IN THE AGGREGATE WHICHEVER THE NUMBER OF CLAIMS UNDER THIS LICENSE, THE LICENSE FEES APPLICABLE TO THE SOFTWARE UNDER THIS LICENSE. YOU SHALL NOT REQUIRE A THIRD-PARTY PUBLISHER OF THE SOFTWARE TO PERFORM ANY OBLIGATIONS OR INCUR ANY LIABILITY NOT PREVIOUSLY AGREED BETWEEN SUCH THIRD-PARTY PUBLISHER AND ALE.


  • 7. EXPORT CONTROL.

    • Licensee agrees that it shall comply with all supply, export, import and re-export laws and regulations of France, the United States of America, and of the countries of origin of the SOFWTARE and all countries where the SOFTWARE is used, imported, exported or re-exported, including those regulations applicable to dual usage of goods. Neither the SOFTWARE, nor any direct product thereof, shall be exported directly or indirectly in violation of applicable laws.


  • 8. MISCELLANEOUS

    • 8.1 You may not assign, sublicense or transfer this License, the SOFTWARE, or any rights or obligations hereunder without the prior written consent of Licensor. Any such attempted assignment, sublicense, or transfer will be null and void.

    8.2 If any term or provision of this License is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain valid and in full force and effect. Failure or delay in enforcing any right or provision of this License shall not be deemed a waiver of such right or provision.

    8.3 If Licensee is an agency or instrumentality of the United States Government, the SOFTWARE is “commercial computer software” and “commercial software documentation” and pursuant to FAR 12.212 of DFARS 227.7202 (and provisions succeeding to such provisions) as applicable, use, reproduction and disclosure of the SOFTWARE is governed by these License Terms.

    8.4 To the extent allowed by law, this License shall be governed by and construed in accordance with the law of France, without regard to conflict of laws principles. To the extent allowed by law, any dispute arising there from shall be submitted to the exclusive jurisdiction of the Courts of Paris. Should federal laws of the United States of America (or laws of one of the federated States) be however found applicable by courts or tribunals, the Uniform Computer Information Transactions Act is expressly excluded.


  • 9. OTHER TERMS

    • 9.1. Embedded third party software: Cryptzone Mindterm:

    This Product is Powered By Cryptzone MindTerm.

    Copyright 1997-2016 Cryptzone North America, Inc. All rights reserved.,

    - Copyright (c) 2000,2001,2002,2003 ymnk, JCraft,Inc. All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

    2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

    3. The names of the authors may not be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JCRAFT, INC. OR ANY CONTRIBUTORS TO THIS SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    - License for ISNetworks' MindTerm SCP modifications

    Copyright (c) 2001 ISNetworks, LLC. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

    2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

    3. The end-user documentation included with the redistribution, if any, must include an acknowledgement that the software contains code based on contributions made by ISNetworks

    THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    9.2. Embedded third party software: Oracle Directory Server Enterprise Edition

    This Product is Powered By Oracle Directory Server Enterprise Edition (ODSEE).

    You commit yourself that the embedded programs are embedded in X86 physical servers with maximum 2 processors.