End User License Agreement

This end user license agreement ( "EULA") is entered into by and between You acting as a legal entity for a professional use ( "End User") and ActiveViam SAS, a French corporations with registered offices located at 46 rue de l’Arbre Sec, Paris (75001), France, registered under the number 824 978 852 ( "ActiveViam") and governs the use by End User of Sparkube, a B2B visualization tool that analyses datasets, developed by ActiveViam (the "Software").

By requesting to have access to the Software, downloading or using the Software, End User acknowledges that he/she has understood and agreed with the terms of this EULA. If End User does not accept these terms, End User must not use the Software.

End User and ActiveViam are hereinafter individually or collectively referred to as the "Party(ies)".

  1. Purpose & description of the Software
    1. The EULA sets out the terms and conditions under which End User may download the Software from ActiveViam’s website at https://activeviam.com/en/sparkube (the "Site") and use the Software on a royalty-free basis.
    2. The features and functionalities of the Software are listed on the Site.
  2. Evaluation version
    1. The Software is provided in an evaluation version. It may not include all features and functionalities found in the full version of the Software.
    2. The Software is made available to the End User solely for the purpose of demonstrating the possibilities offered by certain features and functionalities of the Software so End User can evaluate whether to purchase a full license of the Software.
  3. License Grant
    1. Provided that End User complies with all terms and conditions of this EULA, ActiveViam grants End User a limited, revocable, worldwide, one-user, non-exclusive, non-transferrable royalty-free license during the Term to download, install and use the Software solely and exclusively for End-User’s own internal use. Only one license per End User is allowed under this EULA.
    2. This EULA includes the right to represent and reproduce the Software solely for the rights granted as provided herein above.
    3. When End User downloads the Software, End User is provided with the executable code of the Software. End User understands that no source code is provided.
    4. End User may make one copy of the Software in machine readable form for backup / security purposes only, provided that the backup copy must include all proprietary notices contained on the original.
  4. Ownership - Restrictions
    1. The EULA does not convey any assignment of rights to End User on the Software. ActiveViam owns or has all the title, copyright and other intellectual property rights in the Software.
    2. Regarding the elements generated as part of the use of the Software (the "Results"), End User is also granted a right to use such Results as provided under this EULA. However, such Results are not assigned to End User.
    3. End User may not and will not allow a third party to :
      • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Software,
      • adapt, modify, disable any features and functionality of, the Software / the Results, or create derivative works based on the Software/ the Results.
      • rent, lease, lend, sublicense or send the Software / Results or make available the Software or its functionalities to any other End User, remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Software;
  5. Software Support
    1. ActiveViam will not provide any support or maintenance services under this EULA or any other professional services. End User acknowledges that ActiveViam has no express or implied obligation to announce or make available any updates, enhancements, modifications, revisions, or additions to the Software and that this EULA does not give End User any rights in or to any of the foregoing.
    2. ActiveViam or its affiliates may release from time to time Software updates/new versions as they are released. This EULA also applies to all and any component, patch, app and/or add-on of the Software that ActiveViam may make available on the Site, unless ActiveViam provides supplemental or additional license terms along with such release.
    3. To download and access such Software’s release, End User must first accept to be bound with the terms of the then applicable EULA. In addition, such release may require an access to the internet, an updated version of the browser and additional storage space on the device used to download the Software. Failing to meet these criteria may result in the failing to download or install the release.
    4. ActiveViam shall provide End User with the interface information needed to achieve interoperability between the Software and another software or application if requested in writing by End User.
  6. Term and Termination
    1. This EULA is effective from the date the Software is downloaded by End User until and for a maximum duration of one year (365 days). days unless earlier terminated as provided herein (the "Term"). At the end of the Term, the EULA is automatically terminated and shall not be renewed.
    2. ActiveViam may terminate this EULA at any time by sending a notice to End User.
    3. The rights under this EULA will terminate automatically without notice and without compensation from ActiveViam if End User fails to comply with any of the terms and conditions of this EULA, notwithstanding ActiveViam’s the right to claim damages.
    4. The EULA will also terminate if and when End User deletes / erases the Software and any copy made of it.
    5. At the end of the Term, End User must cease all use of the Software and erase all copies, of the Software, the Results and releases.
  7. Data Protection
    1. ActiveViam commits to comply with the French Data privacy law n°78-17 of January 6th 1978 modified in 2004 and the European regulation on data privacy (the "Data Privacy Regulation").
    2. By downloading the Software, End User agrees that ActiveViam, acting as a data controller, collects and processes the following personal data identifying directly or indirectly End User: first and last name, company and professional email address (the "Data").
    3. As part of the execution of the EULA and ActiveViam’s legitimate interest, ActiveViam processes the Data to (i) offer an access to the Software, to (ii) answer questions that End User might have, to (iii) send information to End User on ActiveViam products and services and (iv) to study uses made of the Software in order to improve it. End User can refuse to receive commercial information and communications by clicking on the link "unsubscribe" link / button included on every communication sent by ActiveViam.
    4. The Data is kept during the Term and for a maximum of 3 years after the Term of the EULA or after the last contact with the End User and they are deleted afterwards.
    5. ActiveViam transfers the Data to its partners / subcontractors in charge of providing the access to the Software. However, the Data is not transferred outside of the European Union. In any case ActiveViam executes data transfer agreement with its partners who access and/or process Data.
    6. In addition, ActiveViam commits to implement all measures necessary to ensure the security, integrity of the Data and of their processing.
    7. Pursuant to the Data Privacy Regulation, End User has the following rights regarding his/her Data:
      • Access to / and obtain a copy of his Data;
      • Correct the Data;
      • Claim for the deletion of all or part of the Data when the Data, (i) are no longer necessary for the purposes for which they were collected, (ii) are based exclusively on the consent, (iii) are subject to an opposition;
      • Limit the processing, temporarily, when the accuracy of the Data is disputed, when End User opposed to the processing, when the Data are no longer necessary to ActiveViam but are still necessary in case of court action;
      • Unsubscribe or oppose to the receipt of commercial prospecting messages at any time by clicking on the "unsubscribe" link in any email or communication sent by ActiveViam;
      • Withdraw his / her consent at any time for consent-based processing
      • Obtain the portability of its Data when the automated Data processing is based on consent
      • Provide guidance on the fate of their Data post-mortem
      • File a complaint with the CNIL. To exercise any or all part of rights, End User shall send a message to ActiveViam using the form at this URL and include its name, surname and email address. In order to verify the identity of the person, ActiveViam may request a copy of any identification document before answering to such request.
  8. Warranty
    1. The Software and the Results are provided "as is" and on an "as available" basis, without any warranty of any kind from ActiveViam, either express or implied. To the fullest extent possible pursuant to applicable law, ActiveViam disclaims all warranties express, implied, or statutory, including, but not limited to, implied warranties of merchantability, satisfactory quality or workmanlike effort, fitness for a particular purpose, reliability or availability, accuracy, lack of viruses or infringement of third party’s rights / interest.
    2. ActiveViam does not warrant that the operation of the Software will be uninterrupted or error free.
  9. Limited Liability
    1. ActiveViam will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the Software or any third party application, its content or functionality, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, failure to connect, network charges, in-app purchases, and all other direct or indirect, damages even if ActiveViam has been advised of the possibility of such damages. ActiveViam will not be responsible for any damage caused by End User, its employees, subcontractors or any third parties.
    2. ActiveViam shall only be liable for direct damages and shall not be responsible or liable, for any indirect damage or loss, including but not limited to any damage to or loss of data, caused or alleged to be caused by, or in connection with, the use of Software. Any damages or loss must notified in writing to ActiveViam within 15 days of its occurrence, failure to do so extinguishes such claim.
    3. In any case, ActiveViam’s total liability to End User for all losses, damages, causes of action, arising out of its use of the Software or the Results, or any other provision of this EULA, shall not exceed the amount of 50 euros.
  10. Third Party Application including Open Source
    1. End User agrees that third party applications, software or programs, including solutions offered on an open source mode (the "Third Party Application") may be included with, or downloaded with this Software. ActiveViam makes no representations whatsoever about any of these Third Party Application.
    2. Since ActiveViam has no control over such Third Party Application, End User acknowledges and agrees that ActiveViam is not responsible for such Third Party Application.
    3. End User expressly acknowledge and agree that the use of Third Party Application is at its sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with End User. ActiveViam shall not be responsible or liable, directly or indirectly, for any damage or loss, including but not limited to any damage to or loss of data, caused or alleged to be caused by, or in connection with, use of or reliance on any such Third Party Application available on or through any such Third Party Application. End User acknowledges and agrees that the use of any Third Party Application is governed by such Third Party Application’s terms, EULA and privacy Policy, or other such agreement and that any information or personal data provided by the End User, whether knowingly or unknowingly, to such Third Party Application, will be subject to such Third Party Applications’ privacy policy. ActiveViam expressly disclaims any responsibility for any disclosure of information or any other practices of any Third Party Application. ActiveViam expressly disclaims any warranty regarding whether personal information is captured by any third party application provider or the use to which such personal information may be put by such Third Party Application provider.
    4. End User acknowledges that certain Third Party Application may be subject to open source. The open source license provisions may override some of the terms of this EULA. ActiveViam may provide the applicable open source licenses upon request.
  11. Assignment and Transfer
    1. End User may not assign this EULA in whole or in part to any third party or any of rights or obligations hereunder (by operation of law or otherwise).
    2. End User expressly authorizes ActiveViam to engage any sub-contractor of its choice to perform all or any of its obligations or duties under this EULA and to assign the EULA or, in whole or in part at its sole discretion.
    3. In addition, End User expressly authorizes ActiveViam to assign the EULA to a subsidiary, or to any company or legal entity, in particular in the context of a merger, divestiture, transfer, partial asset contribution or direct or indirect change of control as defined in Article L. 233-3 of the Commercial Code.
  12. General provisions
    1. Non- waiver. Unless otherwise agreed, failure by either Party to exercise any of its rights hereunder or to enforce any provision of this EULA will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.
    2. Severance. If any provision of this EULA (or part of any provision) is held to be void or otherwise unenforceable by any court of competent jurisdiction, such provision (or part) shall, to the extent necessary to ensure that the remaining provisions of this EULA are not void or unenforceable, be deemed to be deleted and the validity and/or enforceability of the remaining provisions of this EULA shall not be affected. In such a case, the Parties will do their best efforts to interpret or renegotiate the concerned provision to achieve as nearly as possible the same economic effect of the original provision and remain in line with the Parties’ intentions.
    3. Modifications. The EULA may be modified at any time and without any prior notice. The applicable version of the EULA that governs the use of the Software is the EULA in force when End User downloads the Software. Any modification of the EULA applies to all the elements previously downloaded by End User and overrides any previous version as soon as End User downloads any release.
    4. This EULA is exclusively governed by the laws of France. In order to resolve amicably any dispute that may arise with respect to the interpretation, the performance and/or the termination of this EULA, the Parties agree to meet after the receipt of a notice sent by registered mail by one of the Parties, with the intent to solve any dispute in an amicable way. Failing for the Parties to reach an amicable settlement by executing a settlement agreement within thirty (30) days following the notification by a Party of the existence of the dispute and making an express reference to this provision, the Parties shall submit their dispute to the Paris commercial court that will have exclusive jurisdiction to settle the dispute.