Terms of Use “The Cala Mama Data Station” Test Version

1. Scope

1.1 The following terms of use apply to the use of the software “The Cala Mama Data Station” of The Cala Mama Company, 2 rue Guenot, 75011 Paris, France (“The Cala Mama Company”) by the user.

1.2 Terms of use of the user that deviate from these terms of use shall not apply, even if The Cala Mama Company does not expressly object to them.

2. Subject matter of the contract

2.1 The Cala Mama Company provides the user with the computer program “The Cala Mama Data Station”, the user documentation (user manual), and other associated material, hereinafter collectively referred to as the Software, for use. The Cala Mama Data Station is a computer program for data analysis developed by The Cala Mama Company.

2.2 The software is provided to the user permanently by means of download. For this purpose, The Cala Mama Company makes the software available for retrieval on the website calamama.io/download. No password is required for retrieval. The software is immediately usable as a test version.

2.3 The Cala Mama Company provides the user with the software as a free test version. Apart from the ability to open existing project files, the test version of the software offers the full range of functions described on the website “calamama.io”.

2.4 By acquiring a license key, the user can unlock the full scope of the software.

3. Usage rights, breaches

3.1 Upon download, the user receives the non-exclusive, temporally unlimited right to use the software to the extent granted in this usage agreement. The software may only be used by a single natural person, who may install it on any number of their own devices but use it on only one device at a time. Permitted use includes the installation of the software, loading, displaying and running it, as well as its intended use by the user. Under no circumstances does the user have the right to rent out the acquired software or otherwise grant a usage right to a third party, to publicly reproduce or make it available by wire or wirelessly, or to provide it to third parties for a fee or free of charge, e.g. by way of application service providing or as “Software as a Service”. Sections 3.2 and 3.3 remain unaffected.

3.2 The grant of rights in Section 3.2 does not affect the usage rights to which the user is mandatorily entitled by law, in particular under Article L122-6-1 of the Code de la propriété intellectuelle (backup copy in II, decompilation in IV). Should the creation of a backup copy be necessary to secure future use, the user shall visibly affix to the created backup copy the note “backup copy” as well as a copyright notice of the manufacturer.

3.3 The user is entitled to pass on the software free of charge. In this case, the user shall completely cease use of the software, remove all installed copies of the software from their computers, and delete all copies located on other data carriers or hand them over to The Cala Mama Company. Upon request by The Cala Mama Company, the user shall confirm in writing the complete implementation of the measures mentioned or, where applicable, set out the reasons for longer retention.

3.4 If the user uses the software to an extent that exceeds the scope agreed in this usage agreement, the user shall immediately acquire the usage rights necessary for the permitted use. All rights to which The Cala Mama Company is entitled by law and by contract remain reserved.

3.5 Copyright notices, serial numbers, and other features serving to identify the program may not be removed or altered from the software.

4. Updates & liability

4.1 Without being obliged to do so, The Cala Mama Company provides the user, at its own discretion and free of charge, with updates that may modify the functionality of the software.

4.2 Installation of the updates is carried out by the user. Upon making the updates available, The Cala Mama Company will give the user the opportunity to inform themselves about their content.

4.3 The Cala Mama Company is liable for damages only in accordance with the statutory provisions applicable to the free-of-charge provision of software and updates.

5. Final provisions

5.1 The user may transfer rights and obligations arising out of or in connection with this agreement to third parties only with the prior written consent of The Cala Mama Company. Article L442-3, c) of the Code de commerce remains unaffected.

5.2 Amendments and supplements to the contract concluded between the Parties on the basis of these terms of use require writing. This also applies to any amendment or cancellation of this clause.

5.3 The law of France applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

5.4 The place of performance is the registered office of The Cala Mama Company. The courts of Paris have exclusive jurisdiction over all disputes arising out of and in connection with this contract when the contract is concluded between merchants (commerçants), pursuant to Article 48 of the Code de procédure civile.

5.5 Should any provision of this agreement be or become wholly or partially void, invalid, or unenforceable, the validity and enforceability of all other provisions shall not be affected thereby. The Parties shall replace the void, invalid, or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid provision in legal, economic, and factual terms. The same applies to any unintended gaps in the provisions.