30 day trial - Terms and Conditions
1. Scope of Use: MEGA grants the user a non-exclusive, non-transferable access to use the web platform for the term as stated in section 5. The access is granted by MEGA to the user for evaluation purposes only and not for production purposes of any kind. The right to access is granted only for the user’s own internal business operations. All rights not expressly granted are reserved by MEGA.
2. Product: HOPEX
3. Fee: This access is provided to the user through a website and is free of charge.
4. Access to the Service: The user will access the Service through the website by using personalized credentials. Those credentials will be sent to the user by MEGA after registration approval.
5. Term & Termination: The user shall have access to the website for a thirty (30) days period only. This term shall begin at the date of the delivery of the access link by MEGA, and will not be extended. At the end of the term, all data will be destroyed by MEGA and no longer accessible by the user.
6. Intellectual Property: MEGA shall certify that it holds the intellectual property rights to grant the access to the service under these Terms and Conditions and that the use of the service does not infringe any third-party right. The user shall obtain no rights in any MEGA intellectual property right, including third-parties’ right. The user shall notify MEGA immediately upon detection of unauthorized use of intellectual property of MEGA, and agrees to take all measures to prevent such unauthorized use.
The user shall not extract any data provided by MEGA, like methodological databases, by permanent or temporary transfer of all qualitatively or quantitatively substantial content of the database, to another media, by any means and in any form whatsoever.
7. Warranty. The user acknowledges that the service is provided "as is" without further express or implied warranty. In particular, MEGA does not warrant that the service is error free, will operate without interruption, is compatible with the user’s equipment, or will meet the user’s needs. No backups will be performed nor provided by MEGA. MEGA does not warrant the user against any intrusion or fraudulent access to the service by a third-party, or illegal data mining of the data input by the Client for the purpose of this evaluation. MEGA does not warrant the user against any security breach arising during the performance of the service. Therefore, MEGA recommends to user not to input any confidential information.
8. Liability. The user agrees and acknowledges that in no event shall MEGA be held liable for any direct and indirect damages arising out of the performance of the services during the term of the evaluation, including, but not limited to, compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill, for loss of data, cost of substitute software, cost of capital, however caused and regardless of the legal theory of liability, even if MEGA has been previously advised of the possibility of such damages.
9. Effect of Termination. At the end of the term, the user shall cease the use of the service described in clause 1. All data input for the purpose of this evaluation shall be erased from MEGA’s infrastructures at the end of the term as stated in section 5.
10. Confidentiality. All information received by the user for the purpose of the evaluation shall be deemed as confidential. The user agrees not to use or disclose to any third party the confidential information disclosed to it by MEGA and to protect MEGA’s confidential information with at least the same degree of care it uses to protect its own confidential information, but at a minimum to use commercially reasonable efforts.
12. Amendments/Severability. No amendment or modification of these Terms and Conditions, nor any waiver of any rights, will be effective, and the waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. If any provision of these Terms and Conditions is held unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Terms and Conditions shall continue in full force and effect.
13. Governing Law. These Terms and Conditions shall be governed by the laws of France, as applied to contracts to be performed wholly within such jurisdiction, and without regard to the U.N. Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of the courts of France, in any action arising out of or relating to these Terms and Conditions, and agree that any action arising out of or relating to these Terms and Conditions shall be maintained in the same jurisdiction. In the event of a dispute arising out of or in connection with these Terms and Conditions, the party prevailing in such dispute shall be entitled to recover its reasonable expenses, costs and attorneys’ fees, in addition to all other appropriate relief. The English language shall control the interpretation of these Terms and Conditions and all other writings and resolution of disputes between the parties.
Date of revision: 07/09/2016