General Conditions of Use

PLEASE READ THESE CONDITIONS CAREFULLY PRIOR TO YOUR USE OF THE SITE.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS AND CONDITIONS AND ITS AMENDMENTS.

For any questions relating to your personal data, you can contact Blue Wave Software by:

Emailing the Data Protection Officer of Blue Wave Software at the following address: bluewave@bluewave.mc.
Using our contact form by clicking here.
Sending a letter to the following address:
Blue Wave Software S.A.M.
Located at 15, Avenue de Grande-Bretagne
MC 98000 – MONACO
PRINCIPAUTE DE MONACO

For any legal question related to the present, you can contact the management of Blue Wave Software at the following coordinates:

Blue Wave Software Headquarters

Blue Wave Software S.A.M.
Société Anonyme Monégasque with a capital of 300.000 euros.
Registered under the Monaco RCI number 81 S 01888.
Statistic number NIS 6202 A 03282.
Intra-community VAT FR 88000018423.
Located at 15, Avenue de Grande-Bretagne
MC 98000 – MONACO
PRINCIPAUTE DE MONACO
Phone : (+377) 93 10 50 30

Service availability

This website is only intended for natural or legal persons wishing to know the activities of Blue Wave Software.

About you

By using the Site, you warrant that:

As a Professional: You are legally entitled to enter into contracts which bind you or have the power to bind your company or any company you represent.
As a person: You have reached the age of 18, or are an emancipated minor, or have obtained the consent of a parent or legal guardian, and have full capacity and competence to adhere to these Conditions which will be legally binding for you.

Right to modify these Conditions

Blue Wave Software reserves the right to modify this site and these Conditions at any time, in particular to reflect the evolution of market conditions affecting its activities, modification of technologies, applicable laws and regulations or the capacities of Blue Wave Software's network.

In the event of modification of these Conditions by Blue Wave Software, the modified Conditions will come into force as of the publication on the Site of the said modified Conditions. Your continued use of the Site after the posting of any amended Terms will be deemed to be your acceptance of those amended Terms. Consequently, you must - and you agree to - take cognizance of these Conditions.

Confidentiality

Blue Wave Software attaches great importance to your privacy and to the Confidentiality of exchanges from the Blue Wave Software website, so your use of the Site is deemed to be your acceptance of the General Conditions of Use.
In addition, if you have not yet read the Legal Notice of the Site, please do so now by clicking here.

Restrictions on use and limited license

This Site contains or uses certain content and material, in particular written material, information, software, source and / or object codes, data, images, videos, music, sounds, brands, texts, designs, logos, icons, audio clips. , digital downloads, data compilations, patents (together, the "Content"), which are derived in whole or in part from material provided by Blue Wave Software and other sources or which are the property of Blue Wave Software or its content providers, and which may be protected by Monegasque and international laws applicable to copyright and intellectual property and other laws, rules and regulations.

You may not modify, copy, reproduce, publish, upload, post, transmit or distribute in any way the content without the prior written consent of Blue Wave Software.

Blue Wave Software prohibits the use of its trademarks, intellectual property rights, distinctive signs or product designations for advertising purposes, to refer to any product or service or for any other commercial purpose without express prior written consent. Likewise, the Content may not be used without express prior written consent.

Likewise:

You may not remove any mention of copyright, trademark or other intellectual property right or mention of ownership contained on the Site or any Content.
You may not use any Content in a way that exceeds the rights granted to you with respect to your use of the Content.
You may not use any data mining software, robot, or similar data collection and extraction tool on the Content, extract any part of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, link, publish, sublicense, assign, transfer, sell, rent or otherwise distribute the Content without the prior written consent of Blue Wave Software.
You may not circumvent any of the mechanisms included in the Content intended to prevent unauthorized reproduction or distribution of the Content.

Acceptable use of the Site by visitors

You may only use the Site for lawful purposes. The site offers the following features:

Presentation of the activities of Blue Wave Software.
Geographic presence of Blue Wave Software.
Contact form.

Via the contact form or contact by e-mail, you cannot engage in acts:

Violent or infringe the rights of Blue Wave Software or any third party including, without limitation, rights relating to patents, trademarks, trade secrets, copyright, rights to respect for private life or any other intellectual property right or private right of any third party.
Which are illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, intrusive, invasive of the privacy of others, tortious, or which contain explicit or graphic descriptions or accounts of sexual acts or which are obscene / pornographic.
Who victimize, harass, degrade, or intimidate an individual or group of individuals because of their religion, gender, sexual orientation, race, ethnicity, age, or disability.
Who caricatures any person, company or entity, including Blue Wave Software and its employees and representatives.
That contain viruses or any other machine code, files or programs which interrupt, destroy or limit the proper functioning of any software or computer hardware or telecommunications equipment, or otherwise make possible the unauthorized use of a computer or a network of computers.
Which encourage conduct which would constitute a criminal offense, or which would give rise to civil liability.
Which violate these Conditions or any other notices or policies published on the Site.
Who are likely to damage, put out of service, overload or deteriorate the servers and networks of Blue Wave Software or its internet host or hinder the operation, or the use and enjoyment of the Site by any other person.

You may not attempt to gain unauthorized access to the Site or to any service, user account, computer systems or networks by means of hacking, password retrieval or by any other unauthorized means and you do not may not reverse engineer, decompile or disassemble the Site or any Content therein.

You may not use the Site or any of the communication tools made available to you through the Site for the purpose of transmitting, directly or indirectly, unsolicited mass communications (including e-mails and instant messages). You may not collect information about users of Blue Wave Software for the purpose of sending unsolicited mass communications, or to facilitate their sending.

Written communications

Applicable laws, rules or regulations may require that some of the information or communications sent to you by Blue Wave Software be in writing. By using the Site, you agree that your communications with Blue Wave Software will be primarily in electronic form. Blue Wave Software will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you consent to this mode of electronic communication and acknowledge that all contracts, notifications, information and other communications that Blue Wave Software provides to you comply, in their electronic form, with any legal requirement according to which they are said communications must be in writing.

Information available on the Site

Blue Wave Software does not guarantee, and assumes no responsibility for, the sincerity, timeliness, accuracy or completeness of the Content. Any conclusions that users may draw from the information presented on the Site are theirs and should not be attributed to Blue Wave Software. You agree that you must assess and assume the risk associated with the use of any Content, including reliance on the fairness, timeliness, accuracy or completeness of such Content.

"Contact" page

You agree to provide correct, accurate, current and complete information about yourself. In the event that you provide information which is incorrect, inaccurate, not current or incomplete (or Blue Wave Software has reasonable grounds to believe that such information is incorrect, inaccurate, not current or incomplete), Blue Wave Software will have the right to terminate any agreement based on your information.

Hyperlinks - redirection

Blue Wave Software has placed hypertext links on the Site that lead to other websites or third party content, in particular on the "References" page. Blue Wave Software has no control over these links or their content or any third party content. Your use of these links will be subject to the terms of use and legal notices of those sites, so Blue Wave Software encourages you to read them before using these sites or providing any information to them.

Limitation of warranty

Blue Wave Software takes care to implement the means to ensure to the users an accessibility of the site under the best conditions, as well as to offer them information for informative and non-contractual vocation.

BLUE WAVE SOFTWARE DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS REGARDING, THE USE OR THE CONSEQUENCES OF THE USE OF THE CONTENT AVAILABLE ON THE SITE OR ON THIRD PARTY SITES IN TERMS OF SINCERITY, ACCURACY, TIMELINESS, RELIABILITY OR OTHERS. YOU (AND NOT BLUE WAVE SOFTWARE) ASSUME THE ENTIRE COST OF EVERYTHING NECESSARY FOR YOUR ACCESS TO AND USE OF THE SITE.

BLUE WAVE SOFTWARE RESPONSIBILITY ARISING FROM THE CONTRACT, THE PRODUCTS AND YOUR USE OF THE SITE IS EXPRESSLY EXCLUDED IN THE FOLLOWING CASES:

IN THE EVENT OF FRAUD OR FALSE STATEMENT ON YOUR PART.
OR IN CASE OF DELIBERATE BREACH OF THE TERMS ON YOUR PART.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BLUE WAVE SOFTWARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE CONTENT AND / OR THE SITE OR THE IMPOSSIBILITY USE.

Events beyond Blue Wave Software's control

Blue Wave Software will not be held responsible if it does not perform, or perform late, any of its obligations under the Terms or any applicable laws, rules and regulations due to events beyond our reasonable control. ("Case of Force Majeure").

A Force Majeure Event means any act, event, non-event, omission or accident beyond our reasonable control and includes in particular (without limitation):

Strikes or other similar action.
Civil unrest, riots, invasions, terrorist attacks or the dangers of terrorist attacks, wars (whether declared or not) or war, suspected or imminent.
Fires, explosions, thunderstorms, floods, earthquakes, subsidence, epidemics or other natural disaster.
The inability to use rail, sea, air, automobile or other means of public or private transport.
The inability to use public or private telecommunications networks.
The laws, decrees, laws, regulations or restrictions of any government.

Blue Wave Software's compliance with the Terms, applicable laws, rules and regulations is deemed to be suspended for the period during which the Force Majeure Event continues and Blue Wave Software will benefit from an extension of execution time during said period.

Indemnities

You agree to defend, indemnify and hold harmless Blue Wave Software and its owners, agents, affiliates, licensors and licensees as well as their directors, agents, employees, contractors and representatives for any liability, claims, judgments and costs they are, including attorney's and expert's fees and costs, arising from (i) your use or improper use of the Site; (ii) your breach of these Terms; (iii) your violation of any law or third party right, including, without limitation, any patent, trademark, trade secret, copyright, right to privacy or any other intellectual property right of any third party; and / or (iv) any use or incorrect use of your identifiers.

Blue Wave Software will notify you in the event of an event that cannot give rise to compensation. Blue Wave Software reserves the right, at its own expense, to assume the defense and exclusive control of any other material that may give rise to indemnification, in which case you must cooperate with Blue Wave Software in order to invoke all available remedies. This defense and indemnity will survive termination of these Terms and your right to use the Site.

International use

Blue Wave Software makes no representation that the Site Content is appropriate or available for use in regions located in the countries receiving the Service.

It is strictly forbidden to access the Site from territories in which the Site Content would be illegal.

The persons who decide to access the Site from regions located outside the recipient countries of the Service do so at their own risk and at their sole discretion, and are responsible for their compliance with the laws, rules and regulations applicable in said region.

Applicable right

These Conditions are written in French and English.

Divisibility

If one or more of these conditions were considered invalid, illegal or not enforceable in any way by the competent authority, these conditions would be separated from the remaining clauses which, they, would continue in force as long as the law allows it.

Dispute resolution procedure

In the event of a dispute, the parties will have the opportunity to resolve their differences amicably. If no amicable agreement was reached, the dispute would then be settled by the Monegasque jurisdiction.

Contact