LICENSE AGREEMENT
By clicking the “Accept” button, You are bound to Lancôme Parfums et Beauté et Compagnie, whose registered office is located 29, rue du Faubourg Saint Honoré, 75008 Paris, France, and registered with the Paris registry of companies under number 302 387 196, (hereinafter “Lancôme” or “We”) by an undertaking to comply with the terms of this License Agreement regarding Lancôme Be@rbrick Declaring Indigo, as defined hereinafter. Your acceptance of these terms constitutes an indispensable condition to the installation and use of Lancôme Be@rbrick Declaring Indigo.
1. DEFINITIONS
“Agreement” means this License Agreement.
“Date of effect of the License” means the date on which Lancôme Be@rbrick Declaring Indigo is downloaded by you to the Blog.
“Blog” means any internet website featuring posts of which you are the publisher.
“Site” means the URL from which you can download Lancôme Be@rbrick Declaring Indigo.
“Lancôme Be@rbrick Declaring Indigo” means the data processing software you download from the Site, allowing a relay between your Twitter account thread and your Blog. Once downloaded, Lancôme Be@rbrick Declaring Indigo will be accessible from your Blog.
2. LICENSE
As of the Date of effect of this License, subject to the conditions of this Agreement, Lancôme grants You an exclusive, royalty-free and transferable license for strictly personal and private purposes, to the exclusion of any and all commercial uses, allowing You to install and use one (1) copy of Lancôme Be@rbrick Declaring Indigo on the Blog, subject to acceptance of the Blog host, solely for use as a relay for the Twitter thread.
3. LIMITATIONS
To the extent permitted by law, you are prohibited from:
(a) Duplicating, copying or using Lancôme Be@rbrick Declaring Indigo for any other purpose that what is specifically authorized by this Agreement;
(b) Performing or ordering performance of any reverse engineering, disassembly or decompilation of Lancôme Be@rbrick Declaring Indigo, except for purposes of interoperability as defined by law;
(c) Adapting, correcting, updating or modifying Lancôme Be@rbrick Declaring Indigo in any way;
(d) Using Lancôme Be@rbrick Declaring Indigo for any purpose other than relaying the Twitter thread of your Twitter account, and notably of retrieving threads from third party sites;
(e) Creating any derivative work based on any or all of Lancôme Be@rbrick Declaring Indigo;
(f) Disclosing or publishing performance test results concerning Lancôme Be@rbrick Declaring Indigo without prior written agreement from Lancôme;
(g) Leasing or sublicensing Lancôme Be@rbrick Declaring Indigo to any third party;
(h) Concealing, removing or modifying any reference or notice relating to the exclusive rights of Lancôme;
(i) Correcting any errors, flaws, bugs or other operating defects or malfunctions affecting Lancôme Be@rbrick Declaring Indigo;
(j) Taking any action not specifically authorized by this agreement.
4. DELIVERY
The Lancôme Be@rbrick Declaring Indigo is only delivered by electronic downloading from the Site.
You are authorised to download from the Site a (1) copy of the Lancôme Be@rbrick Declaring Indigo and set up it up on the Blog by following the instructions provided at the time of the set up and/or appearing on the Site.
5. INTELLECTUAL PROPERTY RIGHTS
Lancôme Be@rbrick Declaring Indigo is provided under a licence and is not sold.
Without prejudice of the condition mentioned in this agreement, all rights of "BE@RBRICK" is always reserved by MEDICOM TOY CORPORATION and/or its authorized licence(s), and not subject to be licensed.
Lancôme Be@rbrick Declaring Indigo is an exclusive creation for Lancôme, transmitted by Lancôme and produced by Medicom Toy Corporation.
All intellectual property rights related to the Lancôme Be@rbrick Declaring Indigo belong to Lancôme or its licensors only. Lancôme and/or its licensors shall retain all copyrights and other intellectual property rights pertaining to the Lancôme Be@rbrick Declaring Indigo and to all changes, improvements and other works derived from the Lancôme Be@rbrick Declaring Indigo s.
You should keep and reproduce on all copies of the Lancôme Be@rbrick Declaring Indigo, in full or in part, all confidentiality, copyright, patent and trademark statements that appear in the Lancôme Be@rbrick Declaring Indigo.
During the term of this Contract, you are bound to inform Lancôme promptly of any claim about the Lancôme Be@rbrick Declaring Indigo by third parties that you may become aware of.
6. WARRANTY EXCLUSION
SUBJECT TO APPLICABLE LAWS AND REGULATIONS, THE LANCÔME BE@RBRICK DECLARING INDIGO IS SUPPLIED AS IS. Lancôme MAKES NO REPRESENTATION AND PROVISION REGARDING THE LANCÔME BE@RBRICK DECLARING INDIGO , WHETHER FORMAL, impliED OR lEgal, INCLUDING, (AS NEEDED), REGARDING FITNESS FOR A SPECIFIC USE, AVAILABILITY, ACCURACY, LACK OF virus, applicable TO THE LANCÔME BE@RBRICK DECLARING INDIGO , oR RESULTING FROM THE USE THEREOF.
SOME STATES/COUNTRIES DO NOT ALLOW IMPLIED REPRESENTATIONS OR THE LIMITATION OF SOME LOSSES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING exclusions oR limitations ARE LIKELY NOT TO APPLY TO YOU AND YOU MAY BE ENTITLED TO ADDITIONAL RIGHTS.
7. LIABILITY EXCLUSION
SUBJECT TO APPLICABLE LAWS AND REGULATIONS, LANCÔME, ITS SUPPLIERS AND / OR ITS LICENSORS DECLINE ANY LIABILITY FOR DIRECT OR INDIRECT LOSSES AND SHALL NOT BE ORDERED TO PAY EXEMPLARY OR PUNITIVE DAMAGES INCLUDING FOR (i) interruption, (ii) LOSS OF DATA, FILES OR CONFIDENTIAL OR OTHER information, AND (III) ANY OTHER FINANCIAL OR OTHER LOSS rEsultING FROM THE licenSe, FROM THE installation AND THE USE OF, or impossibility to use, THE LANCÔME BE@RBRICK DECLARING INDIGO , its operation, including costs to secure replacement goods, even though LancÔme was aware of such a possibility.
8. TERM AND TERMINATION
Lancôme Be@rbrick Declaring Indigo is granted under a licence for an open ended time. Lancôme may terminate this Contract immediately and at any time.
In the event of the termination of this Contract, you should immediately (i) stop using the Lancôme Be@rbrick Declaring Indigo, (ii) destroy any full or partial copy of the Lancôme Be@rbrick Declaring Indigo and (iii) uninstall the whole Lancôme Be@rbrick Declaring Indigo.
All warranty and liability exclusions specified by this Contract shall remain applicable after the termination thereof.
9. MISC PROVISIONS
Full Contract. This Contract is the full agreement between the parties relatively to its subject matter.
Applicable law and jurisdictional clause. This Contract and all issues relating thereto shall be governed by the French law. Any procedure incurred by either party under this Contract shall be brought before the courts of France, and each of the parties accepts the exclusive jurisdiction of the said courts and subjects itself thereto irrevocably.