USER LICENCE AGREEMENT - DJing DJUCED software
V1.2024-12-17
DJUCED
EN- USER LICENCE AGREEMENT - DJing DJUCED software
Version 1 (Agreement version date: 2024-12-17)
USER LICENCE AGREEMENT - DJing DJUCED software
Please read this User Licence Agreement carefully before installing and using Djing DJUCED software.
This user licence agreement (hereinafter the “Agreement”) constitutes a legally valid agreement between you (hereinafter the “Licensee”), and the company Guillemot Corporation S.A., the registered office of which is at 2 rue du Chêne Héleuc, 56910 Carentoir, France, registered with the Trade and Companies Register under number 414 196 758 R.C.S. Vannes (hereinafter “Guillemot”), for the purpose of granting a personal licence to the Licensee, thereby granting the Licensee the right to use the Software as defined in this Agreement and on the terms thereof.
By installing and/or otherwise using the Software, the Licensee confirms having read this Agreement (including its appendices), having understood its terms, having the ability to validly enter into contract (in particular, having reached the age of majority in the Licensee’s state, province, territory, country or jurisdiction) and agreeing to be bound by its terms. If this Agreement is entered into for a legal entity, the Licensee warrants to Guillemot having the power to enter into this Agreement in the name and on behalf of that legal entity, and that there will be only one user within that legal entity.
Guillemot reserves the right to change, modify, add or delete at any time any of the provisions of this Agreement in accordance with the procedures described below in Article 9.
Before installing the Software, the Licensee must ensure that his/her/its hardware complies with the minimum system requirements indicated on the website www.djuced.com for the proper functioning of this Software.
1. DEFINITIONS
1.1. The term “Software” means the DJing DJUCED software, as well as all elements associated with it (documents, databases, etc.), in the version obtained by the Licensee as a result of the subscription of a licence from Guillemot, directly or indirectly. The Software enables disc jockeys (“DJ”) to mix tracks on their computer as training or to host parties.
At the date of the version of this Agreement, there are four (4) Software offers: DJUCED FREE, DJUCED STANDARD, DJUCED PRO and DJUCED PRO+. Each of these offers gives access to a set of features depending on the licence subscribed and/or the DJ controller used. The special conditions of each of these offers, which, unless expressly stated otherwise, are in addition to the general conditions stipulated in Articles 1 to 25 of this Agreement, are specified in the appendix hereto:
- Appendix 1: DJUCED FREE offer,
- Appendix 2: DJUCED STANDARD offer,
- Appendix 3: DJUCED PRO offer,
- Appendix 4: DJUCED PRO+ offer.
The Software is available at least in English and French.
The Software is designed to work with the hardware (processor, memory, etc.) and software (operating system, driver, etc.) configuration indicated on the website www.djuced.com.
1.2. The term “DJUCED FREE” refers to the Software as licensed free of charge by Guillemot to the Licensee. The Software corresponding to the latest DJUCED FREE offer can be downloaded from the website www.djuced.com.
The features of DJUCED FREE are presented in Appendix 1 of this Agreement.
The term DJUCED FREE also includes all updates and upgrades that Guillemot may perform in the future for this DJUCED FREE offer.
1.3. The term “DJUCED STANDARD” refers to the Software as licensed by Guillemot to the Licensee who is a user of a compatible DJ controller marketed under the HERCULES brand of Guillemot. The Software corresponding to the latest DJUCED STANDARD offer can be downloaded from the website www.djuced.com.
The features of DJUCED STANDARD are presented in Appendix 2 of this Agreement.
The term DJUCED STANDARD also includes all updates and upgrades that Guillemot may perform in the future for this DJUCED STANDARD offer.
1.4. The term “DJUCED PRO” refers to the Software as licensed by Guillemot to the Licensee for a one-time payment upon subscription to the Licence by the Licensee.
The features of DJUCED PRO are presented in Appendix 3 of this Agreement.
1.5. The term “DJUCED PRO+” refers to the Software as licensed by Guillemot to the Licensee - for a monthly payment - in the form of a rolling monthly subscription as from the subscription of the Licence by the Licensee.
The features of DJUCED PRO+ are presented in Appendix 4 of this Agreement.
1.6. “Licence” means a licence taken out by the Licensee under this Agreement.
1.7. The term “Licences” means several licences relating to the Software subscribed by the Licensee:
- any of these licences being subscribed under this Agreement, and
- one or more other licences being subscribed under one or more other licence agreements prior to or subsequent to this Agreement.
2. PROPERTY RIGHTS
In accordance with the provisions of the Intellectual Property Code and the provisions of this Agreement, it is recalled that Guillemot and its licensors are holders of the intellectual property rights relating to the Software and the Software documentation, as well as all of their updates, old, current and future versions, and all developments made by Guillemot and/or its licensors. These rights are in no way transferred to the Licensee as a result of this Agreement. No intellectual property rights to the Software are therefore assigned to the Licensee by this Agreement; the Software remains the sole and exclusive property of Guillemot and its licensors.
The Licensee shall refrain from infringing in any way whatsoever Guillemot’s intellectual property rights in the Software. Unless applicable law gives the Licensee more rights, the Licensee is expressly prohibited from using the Software in a manner inconsistent with this Agreement.
Mentions of the rights of Guillemot (or third parties) on the Software and on any accompanying document, whatever they may be, must in any event be maintained. No rights are granted by this Agreement to trademarks, patents and other intellectual property rights owned by Guillemot (or any third party).
3. LICENCE GRANT
3.1. The Software is licensed to the Licensee and is not sold to the Licensee.
The Licensee has a non-exclusive right to use the Software, but the Licensee does not own the Software.
3.2. The Licensee is not permitted to copy the Software to locations outside of the Licensee’s personal local area network - for this network to be considered a personal area network, only the Licensee must be able to access this local area network - nor to make additional copies for use in other networks or locations.
The Licensee acknowledges and accepts that, in accordance with the applicable legal provisions, the Software uses technical devices (such as for example cookies or other technologies) which, during a connection, make it possible to send information relating to the Licensee (IP address, authentication token, etc.) to Guillemot.
The Licensee warrants to Guillemot, its officers, its subsidiaries, their officers, its licensors, its service providers and their service providers, not being subject to special measures relating to the export or import of products in his/her/its country, and not being subject to the legal and/or regulatory provisions of a country prohibiting the import of software.
3.3. If the Licensee sends feedback on the Software to Guillemot, the Licensee gives Guillemot, free of charge, the right to use and share his/her/its feedback in any way and for any purpose. These rights survive this Agreement.
4. SOFTWARE DOWNLOAD - RETRACTION
4.1. The Software can be downloaded from https://www.djuced.com subject to either creating an account with Guillemot and being connected to that account for downloading the Software, or already having an account with Guillemot and being connected to that account for downloading the Software.
4.2. Access to the account at Guillemot for downloading the Software and access to certain features require identifiers.
The transfer of the Licensee’s identifiers to anyone or their use by anyone is prohibited without first obtaining the express consent of Guillemot.
The Licensee’s identifiers are strictly personal and confidential. These identifiers allow access to the Licensee’s account and this account opens access to the features of the Software subscribed to but also to features on various sites (including forum, after-sales service, etc.). The Licensee acknowledges and agrees that the activities carried out under his/her/its account with Guillemot will be qualified as activities carried out by the Licensee only. The Licensee acknowledges and agrees that the Licensee is fully and solely responsible for all activities carried out under his/her/its account with Guillemot. The Licensee acknowledges and agrees that the Licensee is fully responsible for choosing his/her/its password and maintaining the confidentiality thereof (Guillemot recommends that the Licensee create a password consisting of a combination of numbers and letters in uppercase and lowercase and special characters). The Licensee must only use this password on his/her/its behalf at Guillemot.
4.3. To use the Software on his/her/its compatible computer, the Licensee must have access to a compatible electronic communication network. Connection fees (including fees charged by Internet service providers and/or mobile telephone operators) are the sole responsibility of the Licensee. The quality of the Software, the response time or access to certain features may depend on the capabilities of the Licensee’s compatible computer and electronic communication network, which the Licensee acknowledges and accepts. Guillemot can in no way be held responsible for a decline in comfort of the Licensee.
4.4. DJUCED PRO and DJUCED PRO+ offers. The Licensee expressly agrees that the Software will be provided to him/her/it before the expiry of the withdrawal period. The Licensee waives the exercise of his/her/its right of withdrawal and expressly acknowledges the loss of his/her/its right of withdrawal upon the provision by Guillemot (or by one of its subsidiaries or a service provider) of the information allowing him/her/it to proceed with the activation of the subscribed Licence. The Licensee requests from Guillemot that this supply be made by ordinary e-mail and acknowledges and agrees that, by sending this information, Guillemot shall be deemed to have fulfilled its supply obligation.
With regard to Licence activation, any person who wishes to subscribe to the DJUCED PRO offer or the DJUCED PRO+ offer is asked to read the special conditions applicable to the DJUCED PRO offer (Appendix 3) or the DJUCED PRO+ offer (Appendix 4).
5. LICENCE RESTRICTIONS
5.1. The Licensee is not authorised to translate, reconstitute, decompile and disassemble the Software, or reverse engineer, or create derivative works of the Software, or offer the Software in the form of “Software as a service”, except and to the extent otherwise provided by applicable law. If the Licensee makes modifications or derivative works of the Software or Software documentation, Guillemot will - under this Agreement - own such modifications or derivative works.
5.2. The Licensee is not authorised to use, copy, modify, or transfer the Software or any full or partial copy thereof in any manner other than as expressly provided in this Agreement.
5.3. The Licensee is not authorised to use, copy or transfer the Software on a number of computers greater than that mentioned in the special conditions set out in the appendix to this Agreement.
5.4. Access to the features of the Software is reserved for people who have an account with Guillemot.
5.5. In particular, the Licensee is prohibited from undertaking, directly or indirectly:
- Any reproduction of the Software, in any form and on any type of medium whatsoever, notably by modification, merger or inclusion in other software;
- Any reproduction of the Software documentation, in any form and on any type of medium whatsoever, notably by modification, merger or inclusion in other software or other documentation;
- Any reproduction of the Software other than a backup copy, while specifying that the backup copy is the property of Guillemot;
- Any translation, adaptation, arrangement or modification of the Software and Software documentation;
- Any representation of the Software or a copy thereof by any means whatsoever;
- Any representation of the Software documentation or a copy thereof by any means whatsoever;
- Any making available of the Software or a copy thereof, in whole or in part and by any means, such as rental, assignment, sub-licence, sharing, publication, distribution of the Software, any supply of the Software or a copy thereof to other users, or any transfer of the Software or a copy thereof or this Agreement to a third party;
- Any posting, marketing or use of the Software for the benefit of third parties as well as any training of third parties in the use, in whole or in part, of the Software;
- Any decompilation or access to the source code of the Software, subject to and within the limits of the applicable legal provisions;
- Any disclosure of the source code of the Software, subject to and within the limits of the applicable legal provisions;
- Any circumvention of the technical limitations of the Software allowing the Licensee to use it only in certain ways;
- Any modification of or intervention in the Software, whatever its nature, including for the purpose of correcting errors likely to affect the operation of the Software, with the right to correct such errors being reserved solely to Guillemot. Without prejudice to the other provisions of this Agreement, any breach by the Licensee of this obligation releases Guillemot from all of its warranty obligations and responsibilities;
- Any disclosure of the performance of the Software;
- Any use of the Software or a copy thereof in a manner contrary to law, for unlawful or prohibited purposes or for a purpose other than that for which it was designed;
- Any deletion of notices of ownership of the Software or, where applicable, its documentation.
5.6. The Licensee is not authorised to reformat, mix, filter, resynthesize, or otherwise modify the presets, sound samples, and sample music contained in the Software for use in any form of commercial sampling products, packs, or software without Guillemot’s prior express written permission. Nevertheless, the Licensee is authorised to use the presets, sound samples and sample music contained in the Software to create his/her/its own musical compositions to the extent that additional elements are added and if the presets, sound samples and sample music are subject to essential changes.
6. PRICE
The prices of the Licenses are available on the following websites: https://www.djuced.com/, https://shop.hercules.com and https://eshop.hercules.com. These prices are subject to change at any time.
In the event of a price discrepancy on the websites https://www.djuced.com/ and https://shop.hercules.com, the price indicated on the website https://shop.hercules.com prevails.
In the event of a price discrepancy on the websites https://www.djuced.com/ and https://eshop.hercules.com, the price indicated on the website https://eshop.hercules.com prevails.
It is specified that the price of the Licence may be included in an offer made by Guillemot. In this case, the Licensee will not have to pay any additional price to subscribe to the Licence proposed in the said offer (for example, a coupon or voucher inserted in the packaging of a compatible DJ controller marketed under the Hercules brand of Guillemot).
Anyone wishing to subscribe to the DJUCED PRO offer is asked to read the special conditions applicable to the DJUCED PRO offer (Appendix 3).
Anyone wishing to subscribe to the DJUCED PRO+ offer is asked to read the special conditions applicable to the DJUCED PRO+ offer (Appendix 4).
7. ASSIGNMENT - TRANSFER
7.1. The Licensee is not authorised to transfer, sell, rent or lend the Software or any material medium (computer, hard drive, etc.) on which the Software or one or more copies thereof is recorded, nor to lease it, nor to grant a sub-licence, nor to assign any of the rights of the Licensee, nor to delegate or transfer in any way whatsoever one or more rights or obligations of the Licensee under this Agreement to a third party, whether provisionally or definitively.
The Software must be uninstalled prior to the transfer, sale, lease, or loan of any computer on which the Software is installed. The Software and all copies thereof must be erased from any recording medium prior to the transfer, sale, lease, or loan of the said recording medium.
7.2. If the Licensee proceeds or attempts to proceed with the transfer of ownership of any material medium on which the Software is installed or a copy of the Software is recorded, to another natural person or legal entity in a manner different from that described in Article 7.1 of this Agreement, then this Agreement shall terminate automatically and immediately.
7.3. Guillemot may assign this Agreement in whole or in part. This assignment may be for the benefit of any person or company, in the form of sale, contributions or otherwise. Use of the Software by the Licensee after being notified of the assignment of this Agreement shall mean that the Licensee agrees to be bound by the agreements, terms and policies of the next owner of the Software.
7.4. Guillemot is expressly authorised to use any service provider of its choice, and to subcontract equally in order to enable all or part of the use of the Software (including for the provision of all or part of the functionalities), for the services (for example, the processing of requests and complaints), and for the processing of personal data.
8. UPDATES - COMPATIBILITY
8.1. Updates. Software updates will be downloaded and installed automatically. If the Licensee does not wish to receive updates, the Licensee must inform Guillemot in advance and, if the Software allows it, disable the function that allows automatic updates. Otherwise, the Licensee agrees to receive such updates from Guillemot in connection with the use of the Software. If the update is not installed, the Licensee may not enjoy all of the benefits of the Software or the Software may not function properly.
8.2. Compatibility. The Software may not be compatible with hardware and operating systems that the Licensee may purchase or use in the future and Guillemot may not release updates that establish new compatibility.
8.3. DJUCED PRO and DJUCED PRO+ offers. Anyone wishing to subscribe to the DJUCED PRO offer or the DJUCED PRO+ offer is asked to read the special conditions applicable to the DJUCED PRO offer (Appendix 3) or the DJUCED PRO+ offer (Appendix 4).
9. CHANGES
Guillemot may modify this Agreement during its execution, subject to notice to the Licensee. The notice may be given at any time and by any means, including in the form of an ordinary e-mail or in the form of a message appearing in the Software. The changes will take effect at the end of a period of one (1) month from the notice. The Licensee may object to the changes by terminating this Agreement and uninstalling the Software. Any use of the Software by the Licensee after this period of one (1) month constitutes acceptance of these changes.
Guillemot may modify the Software for any reason or for no specific reason, at any time and at its discretion, in particular for technical reasons such as updates, maintenance operations and/or resets intended to improve and/or optimise the Software. The Licensee agrees that the Software may install or download the changes automatically. The Licensee agrees that Guillemot may stop providing technical support for the Software in its previous version as soon as an updated version of the Software is available.
10. PROCESSING OF COMPLAINTS
Any complaint must be the subject of a request to the Hercules support service via https://support.hercules.com.
11. PERSONAL DATA
If the Licensee subscribes to the Licence via the website https://shop.hercules.com or via the installation of the Software downloaded from the website www.djuced.com, Guillemot is the data controller (as defined in Article 4 of Regulation (EU) 2016/679 of 27 April 2016).
If the Licensee subscribes to the Licence via the website https://eshop.hercules.com, the company Guillemot Inc., the registered office of which is at 6300 avenue du Parc, Suite 440, Montreal (Quebec) H2V 4H8, Canada, collects personal data and communicates it to Guillemot.
Guillemot and Guillemot Inc. collect, use and disclose the Licensee’s personal data, in accordance with the terms defined in their Privacy Policies accessible respectively on the following sites: https://shop.hercules.com and https://eshop.hercules.com. Guillemot and Guillemot Inc. may each change their policies at any time at their discretion.
As data controller, Guillemot processes the personal data necessary for the management of Licensees, the management of software downloads, the management of user access, the management of the notification of bugs and other technical problems, the technical monitoring of software and hardware computer products, the technical management of websites and servers, the processing of requests and complaints, and the management of litigation, in accordance with the applicable personal data regulations. The personal data collected from the Licensee by Guillemot are necessary for the legitimate interests of Guillemot (commercial interests - including the proper performance of this Agreement - and organisational, and, as the case may be, in addition, defensive, financial, technical and/or security interests). The processing of billing data is a legal obligation.
The recipients of the Licensee’s personal data are Guillemot, its service providers, its subsidiaries in charge of one or more services and their service providers. Authorities, courts and tribunals, court officers, and ministerial officers are recipients of the Licensee’s personal data in the context of litigation. Authorities, auditors, statutory auditors and state bodies are recipients of the Licensee’s personal data as part of their control mission(s) (invoicing, taxation, etc.). If Guillemot publishes a comment by the Licensee accompanied by the identity of the Licensee and, if applicable, the date of the comment by the Licensee, the public will also be the recipient of these personal data.
The Licensee’s personal data may be transferred outside of the European Union; indeed, some Guillemot service providers and some Guillemot subsidiaries are located outside of the European Union.
Guillemot is also responsible for processing the authentication of the payer if the Licensee subscribes to the Licence via the website https://shop.hercules.com. The processing to authenticate the payer are necessary for the purposes of the legitimate interests of Guillemot and credit card holders (not to be a victim of fraud). Guillemot does not sell personal data to its service provider in charge of processing credit card payments but Guillemot uses its services for payment, analysis and other commercial services. This provider collects transaction information and personal data, which it analyses and uses to operate and improve the services that it provides to Guillemot, including for fraud detection. The Guillemot service provider in charge of processing payments by credit card collects the credit card data (identity information of the holder, card number, country of issue of the card, its expiry date, and, if applicable, its cryptogram). The billing information, e-mail address and purchase history will be communicated to the Guillemot service provider in charge of processing credit card payments for the prevention of fraudulent payments (to authenticate the payer). The payment provider also collects the IP address of the computer used for the payment, for the purpose of authentication of the payer. Depending on the credit card holder’s bank, the Licensee may have to answer one or more additional questions from his/her/its bank but Guillemot cannot know whether personal data will be collected in such a case (Guillemot is not aware of the method used by the said bank). Guillemot informs the Licensee that, as part of the authentication of the payer, its service provider shares with Guillemot and with the service provider’s other customers the characteristics of the Licensee’s computer and the indicators of the Licensee’s activity.
In the event of the Licensee’s express consent or exception to the requirement for consent, Guillemot or its subsidiaries may send the Licensee promotional or advertising e-mails; it is possible (it is a right) to discontinue the sending of commercial information e-mails (either at any time in his/her/its account, or by clicking on an unsubscribe link present in the ordinary e-mail that has just been received).
With regard to his/her/its telephone number, the Licensee, if residing in France, is informed by Guillemot that he/she/it has the right to register on the telephone canvassing opposition list (in France: Bloctel) under Article L223-2 of the French Consumer Code.
In accordance with the amended French Data Protection Act of 6 January 1978, any Licensee proving his/her/its identity has the right to ask the data controller for access to personal data, their rectification or erasure, and the right to oppose or request a limitation of the processing of personal data concerning him/her/it. To exercise these rights, it is sufficient for the Licensee to complete and submit online the contact form available via the website https://shop.hercules.com and under the heading “Contact Us”. If the data subject is not satisfied with Guillemot’s response, he/she/it may lodge a complaint with the competent supervisory authority (in France: the CNIL).
If the Licensee subscribes to the Licence via the site https://eshop.hercules.com, the Licensee may contact Guillemot Inc. via the web page https://support.hercules.com/en/contact-en/ by creating a case with the title “Privacy Policy Questions” and the support category “Personal data” - the Licensee must detail his/her/its question in the description field -, and saving the case.
Billing data are kept for the period required by applicable law. The data of the contracts are kept for a period which depends on their amount and on the existence or not of a dispute. Other data are kept for three (3) years from the last connection of the Licensee to his/her/its account (including the last connection of the Software to the Licensee’s account) or from the last receipt of the e-mail address to which the data are attached. Bank details are not kept by Guillemot.
Payment card data security: Guillemot does not retain credit card or Paypal® account data used for the payment of the price of the subscribed Licence. By completing the payment form, the Licensee transmits his/her/its bank details to the Guillemot service provider in charge of processing payments.
Automated decision-making is used as part of the technical management of websites and servers (for security, therefore including the protection of personal data) and as part of the authentication of the payer (fight against fraud, prevention of fraudulent payments).
12. DISCLAIMER OF WARRANTIES - DISCLAIMER OF LIABILITY
Except as expressly stated this Agreement, Guillemot makes no further representations or warranties with respect to the Software, which is delivered “as is”, or that the Software will remain available or that the languages of the Software will remain available. The Licensee acknowledges and agrees that the Licensee assumes the risks related to the reliability and use of the Software. Guillemot makes no representation or warranty that: (i) the Software will meet the Licensee’s requirements, (ii) the information provided by Guillemot, if any, is accurate, complete and current, (iii) the results that may be obtained by means of the Software will be adequate, reliable or error-free, (iv) the Software is free from defects, including but not limited to viruses or other elements harmful to the Licensee, (v) defects in the Software, whatever they may be, will be corrected, (vi) the Software will necessarily be compatible with any hardware, media or software owned or used by the Licensee, (vii) the features of the subscribed Licence will be accessible on a permanent basis.
The Licensee acknowledges and agrees that the Licensee is solely responsible for securing his/her/its computers, software, servers, social networks, as well as access to the Internet and other electronic communication networks.
13. LIMITATION OF LIABILITY
To the extent required by law, neither Guillemot, nor its subsidiaries, nor their respective officers, directors, shareholders, employees, affiliates, licensors or other representatives shall be liable for any loss or damage arising out of or related to the use or inability to use the Software, including, but not limited to, any indirect loss or damage, loss of data, income, profits or opportunity, any loss or damage related to title to property and any third-party claims, even if Guillemot, any of its subsidiaries, any of its officers, directors, shareholders, employees, affiliates, licensors or representatives has been advised of the possibility of such loss or damage and/or if such type of loss or damage was reasonably foreseeable.
In no event shall Guillemot’s aggregate liability to the Licensee for any damages, losses and claims, whether or not in whole or in part or in contract, as well as for any damages (including, but not limited to, negligence), or otherwise, exceed the last amount paid by the Licensee under the subscribed Licence.
Guillemot excludes any liability related to the Licensee’s failure to update his/her/its contact details (for example, in the event of a notification made by Guillemot to an e-mail address that the Licensee has not kept up to date). The Licensee acknowledges and agrees that the Licensee is solely responsible for updating his/her/its contact information (or failure to update his/her/its contact information).
14. INDEMNIFICATION
The Licensee agrees to defend, hold harmless, and indemnify Guillemot and its subsidiaries, suppliers, and all of their agents, directors, officers, employees, content providers, service providers, licensors, and licence owners, and all other related persons (the “Indemnified Parties”), against all fees or costs, including without limitation the normal legal costs, incurred by the Indemnified Parties as a result of any claim or demand arising out of or related to (i) the Licensee’s use or misuse of the Software; (ii) the Licensee’s breach of this Agreement; (iii) the Licensee’s infringement, misappropriation, or violation of any intellectual property or other rights of Guillemot or third parties; or (iv) the Licensee’s termination of this Agreement. The Licensee agrees to cooperate, to the extent reasonably required by the Indemnified Parties, in the defence of such claim or demand.
15. DURATION - TERMINATION - SUSPENSION
15.1. Duration: This Agreement is concluded from the date of the subscription of the Licence and, where applicable, subject to the corresponding payment made by the Licensee. The date of the Licence subscription and the duration of the Licence are specified in the special conditions set out in the appendix to this Agreement.
Notwithstanding the special conditions set out in the appendix to this Agreement, in the event that the Licence is granted by Guillemot in the form of a voucher or coupon (for example, a coupon inserted into the packaging of a compatible DJ controller marketed under the Hercules brand of Guillemot), then, in this case, the duration of the Licence will be that indicated on said voucher or coupon.
15.2. Termination for misconduct: In the event of a breach by one of the parties of one or more of its obligations under this Agreement, not remedied within fifteen (15) calendar days from the sending of a written notice notifying the said breach, the other party may automatically terminate this Agreement, without prejudice to any compensation to which the latter may be entitled.
In addition, Guillemot reserves the right to immediately, unilaterally and automatically terminate this Agreement and all other licence agreements concluded between Guillemot and the Licensee, without prejudice to any damages, in the event of infringement of Guillemot’s copyrights or in the event of fraud or attempted fraud on the part of the Licensee. In this case, the Licensee undertakes to uninstall the Software from his/her/its computer(s). For clarity, in the event of infringement of Guillemot’s copyrights or in the event of fraud or attempted fraud on the part of the Licensee, all Licences between Guillemot and the Licensee are terminated.
15.3. Modification, deletion, suspension, termination of one or more Software offer(s):
Guillemot may, for any reason whatsoever, in accordance with the provisions anticipated in Article 9 of this Agreement, modify one, several, or all of the Software offers subscribed by the Licensee.
Guillemot may, for any reason whatsoever, according to the terms set out in the appendix to this Agreement, delete one, several, or all of the Software offers subscribed by the Licensee.
Guillemot may, at any time, suspend one, several, or all of the Software offers subscribed by the Licensee, subject to notice to the Licensee (for example, in the event of a dispute with a licensor or in the event of an alleged violation of one or more intellectual property rights of a third party). The notice may be given at any time and by any means, including in the form of an ordinary e-mail or in the form of a message appearing in the Software. The suspension will take effect after a period of one (1) week from the notice and the Licensee will temporarily no longer have access to the features of the offer(s) in question.
Guillemot may cease, at any time, for any reason whatsoever and without notice, to offer the Licensee all or part of the Software offers to which the Licensee has not subscribed.
15.4. Anyone wishing to subscribe to a Licence is asked to read the special conditions applicable to the offer of the Software to which they wish to subscribe:
- Appendix 1: DJUCED FREE offer,
- Appendix 2: DJUCED STANDARD offer,
- Appendix 3: DJUCED PRO offer,
- Appendix 4: DJUCED PRO+ offer.
16. THIRD-PARTY CONTENT AND APPLICATIONS
16.1. Third-party copyrighted content, software, services, or other materials (“Third-Party Content”) may be used or included in the Software.
The Licensee’s use of such Third-Party Content is subject to their respective terms of use. By accepting this Agreement, the Licensee also accepts the additional terms of use referred to therein. Guillemot expressly excludes any warranty related to Third-Party Content and disclaims any liability in this regard.
The Software may contain links to websites, content or Internet resources operated or controlled by third parties (the “Third-Party Sites”). The Third-Party Sites are independent of Guillemot, and Guillemot has no commitment or interest in the Third-Party Sites, their activity, goods, services, content, links, webcasting or any other form of transmission, nor in the modifications or updates of these sites. Links to Third-Party Sites are provided solely for the Licensee’s convenience and the presence of a link or advertisement does not imply the endorsement of Guillemot. The Licensee’s use of Third-Party Sites and the Licensee’s transactions with the owners or operators of Third-Party Sites are at the Licensee’s risk. The Licensee acknowledges and agrees that Guillemot shall not be liable for the Licensee’s use of Third-Party Sites or for the Licensee’s dealings with the owners or operators of the Third-Party Sites.
16.2. Guillemot declines all responsibility for the costs incurred by services provided by third parties required by the Licensee and not offered by Guillemot. This provision notably applies to the costs of transmitting data to a third party from or to the Licensee’s computer or to any type of costs related to additional memory locations.
17. FORCE MAJEURE
The parties shall not be held liable, either individually or jointly, if the non-performance or delay in the performance of any of their obligations, as described in this Agreement, results from a case of force majeure within the meaning of Article 1218 of the French Civil Code.
18. LANGUAGE
The contractual language is French. The translation of this Agreement, if any, into other languages is for informational purposes only and is not binding. Consequently, in the event of inconsistency or divergence between the French version or any other language version, the French version shall prevail.
19. ELECTRONIC WRITINGS
In addition to the legal provisions recognising the probative value of electronic writing, the Licensee acknowledges and accepts the validity and probative force of the click (click used, for example, to tick a checkbox, to actuate a button of a software graphical interface). Computerized records, kept in Guillemot’s computer systems under reasonable security conditions, are accepted as evidence (for example, to prove the use of the Software and therefore the acceptance of this Agreement). Unless there is a manifest error on the part of Guillemot, the data stored in Guillemot’s computer systems have probative force as to the actions of the parties to this Agreement (actions of the Licensee or Guillemot, as the case may be), whether they are carried out via the Software and/or whether they are carried out via one or more Guillemot websites.
20. DISSOCIABILITY
If any term or provision of this Agreement is invalid, illegal or unenforceable for any reason, then in such case the other terms and provisions of the Agreement shall remain in full force and effect.
21. JURISDICTION AND APPLICABLE LAW
This Agreement as well as all disputes and complaints relating thereto are subject to French law.
If the Licensee contracts as a merchant, the French courts will have sole jurisdiction to settle the dispute or complaint (including in summary proceedings).
The relationship between Guillemot and the Licensee is that between a (licensing) licensor and a licensee.
In the event of a dispute between Guillemot and the Licensee (or former Licensee), they will endeavour to find an amicable solution.
To this end, the Licensee (or former Licensee) may make any claim concerning this Agreement, in writing to Guillemot’s customer service via the form available on the website https://support.hercules.com/ and accessible via the “Contact Us” link.
In the absence of an amicable agreement between Guillemot and the Licensee, in accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Licensee (or former Licensee) has the opportunity to refer the matter to the consumer mediator to which Guillemot belongs, namely the Association des Médiateurs Européens (AME CONSO), free of charge, within one year of the written complaint submitted to Guillemot.
Referral to the consumer mediator must be made:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- or by letter sent to AME CONSO, 197 boulevard Saint-Germain, 75007 PARIS.
The procedures for referral to the consumer mediator are available at the following address: https://www.mediationconso-ame.com/le-processus-de-la-mediation-de-la-consommation.html
In accordance with Article L612-2 of the French Consumer Code, the mediator may not review any dispute for which the request is manifestly unfounded or abusive, or where the dispute has been previously examined or is being examined by another mediator or by a court, or if the consumer has submitted his/her/its request to the mediator within a period of more than one (1) year from his/her/its written complaint to Guillemot or if the dispute does not fall within the scope of the mediator’s competence, or finally if the consumer does not justify having attempted, beforehand, to resolve his/her/its dispute directly with Guillemot by a written complaint according to the terms contained in this Agreement.
The purpose of the mediation procedure is to obtain an amicable settlement by mediation of any consumer dispute. However, Guillemot and the Licensee (or former Licensee) remain free to accept or refuse the use of mediation or, where applicable, to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement between Guillemot and the Licensee (or former Licensee), any dispute will be subject to the exclusive jurisdiction of the French courts.
In addition, in accordance with Article 14 of Regulation n°524/2013/EU, the European Commission has set up a platform to facilitate the independent and out-of-court settlement of online disputes between consumers and professionals within the European Union. This platform is accessible at the following address: https://ec.europa.eu/consumers/odr/
For any question relating to this Agreement, the Licensee may contact Guillemot via the “Contact Us” section on the website https://support.hercules.com.
22. CONSUMER RIGHTS
If the Licensee is a consumer, then as a consumer, the Licensee (or former Licensee) may benefit from specific legal provisions relating to consumer law, from which the Agreement cannot derogate. In particular, the limitations of liability or exclusions of warranties included in this Agreement do not in any way affect the rights of a Licensee (or former Licensee) having the status of “consumer”, within the meaning of applicable local law.
23. GOOGLE ANALYTICS ANALYSIS TOOL
To better understand how users of the Software interact with the Software, and to evaluate and improve the Software, Guillemot uses the Google Analytics analysis tool. The Software collects information anonymously via Google Analytics, which is then transmitted to Google. The Software does not store, and does not transmit to Google, any data that can personally identify the Licensee. By installing the Software, the Licensee agrees that non-nominative data will be collected and transmitted to Google. If Licensee does not wish to participate in Google Analytics, the Licensee shall not install the Software.
The collected data transmitted to Google is processed on Google servers located in many countries around the world. They are therefore likely to be processed on a server located outside of the Licensee’s country of residence. The processed data are exclusively used by Guillemot and/or its subsidiaries to help them understand how users of the Software interact with the Software.
Information on how Google uses and protects the data transmitted to it and how the user can control this data is available at the following addresses:
https://www.google.com/intl/en/policies/privacy/partners/
https://support.google.com/analytics/answer/6004245?hl=en
The privacy policy that applies to Google’s services is available at http://www.google.com/intl/en/policies/privacy/.
24. NO WAIVER
By express agreement, the fact that one of the parties has not required the application of any of the clauses of this Agreement shall not be interpreted as entailing a waiver of any of the rights conferred on it by the said clause and shall not imply the waiver of any of its rights, and this fact shall in no way affect the validity of this Agreement.
25. SURVIVAL
The following articles and paragraphs of this Agreement and its appendices shall survive the expiration or termination of this Agreement:
- Article 1. DEFINITIONS
- Article 2. PROPERTY RIGHTS
- Articles 3.2. and 3.3 (LICENCE GRANT)
- Article 5. LICENCE RESTRICTIONS
- Article 7. ASSIGNMENT - TRANSFER
- Article 10. PROCESSING OF COMPLAINTS
- Article 11. PERSONAL DATA
- Article 12. DISCLAIMER OF WARRANTIES - DISCLAIMER OF LIABILITY
- Article 13. LIMITATION OF LIABILITY
- Article 14. INDEMNIFICATION
- Article 15. DURATION - TERMINATION - SUSPENSION
- Article 16. THIRD-PARTY CONTENT AND APPLICATIONS
- Article 17. FORCE MAJEURE
- Article 18. LANGUAGE
- Article 19. ELECTRONIC WRITINGS
- Article 20. DISSOCIABILITY
- Article 21. JURISDICTION AND APPLICABLE LAW
- Article 22. CONSUMER RIGHTS
- Article 24. NO WAIVER
- Article 25. SURVIVAL
- Paragraph 7) of Appendix 2 (DJUCED STANDARD offer)
- Paragraphs 9) and 10) of Appendix 3 (DJUCED PRO Offer)
- Paragraphs 8 c) and d) of Appendix 4 (DJUCED PRO+ offer)
APPENDICES. SPECIAL CONDITIONS
Unless otherwise stated in this Agreement, the special conditions below supplement the general conditions stipulated in Articles 1 to 25 of this Agreement according to the offer subscribed by the Licensee and form an integral part of the Agreement.
Appendix 1: DJUCED FREE offer (No-cost DJUCED FREE licence)
(Date of the version of Appendix 1: 2024-12-17)
1) Features:
The DJUCED FREE offer includes, as of the date of the version of this Agreement, the following features: two (2) virtual turntables; four (4) hot cues; limited FX effects; real-time stems; intelligent music assistant; access to streaming services; access to the Hercules DJ Academy.
DJUCED FREE is used with a mouse and keyboard.
2) Licence restriction:
DJUCED FREE can only be installed on one (1) computer.
DJUCED FREE may be copied to another computer provided that DJUCED FREE is erased from the first computer and that DJUCED FREE cannot be used on multiple computers at the same time.
3) Licence subscription date:
The Licence subscription date corresponds to the date of the first installation of the Software carried out by the Licensee under this Agreement.
4) Duration:
The term of this Agreement runs until Guillemot cancels the DJUCED FREE offer for any reason whatsoever.
5) Expiry date:
This Agreement will automatically expire if, for three (3) consecutive years, there is a lack of contact from the Licensee and a lack of connection of the Licensee to his/her/its account with Guillemot. The burden of proof of a contact from the Licensee and less than three (3) years old lies with the Licensee.
6) Termination:
From the Licence subscription date, the Licensee is entitled to terminate this Agreement at any time after uninstalling DJUCED FREE together with all of its copies, regardless of their form and regardless of their medium. The Licensee may terminate this Agreement via the “Contact Us” section on the website https://support.hercules.com.
7) Deletion of the offer:
For fifteen (15) calendar days from a notice in the form of an electronic writing (examples: an ordinary e-mail or a window appearing in the graphical interface of the Software) announcing the deletion of the DJUCED FREE offer by Guillemot (or by the most recent owner of the Software), the Licensee may, subject to the terms of this Agreement, continue to use his/her/its version of DJUCED FREE.
Appendix 2: DJUCED STANDARD offer (DJUCED STANDARD licence offered and included with compatible DJ controllers marketed under the Hercules brand of Guillemot)
(Date of the version of Appendix 2: 2024-12-17)
1) Features:
The DJUCED STANDARD offer includes, as of the date of the version of this Agreement, the following features:
- General functions: full library and browser; four (4) virtual turntables; intelligent music assistant; automix and smartmix; FX effects; real-time stems; recording; access to streaming services; sampler; quantize; beat jump; slicer;
- Music preparation functions: BPM, grid, key and sentence analysis; intelligent synchronization (BPM and grid); preparation of loops and hot cues;
- Access to the Hercules DJ Academy.
DJUCED STANDARD is used with compatible DJ controllers marketed under the HERCULES brand of Guillemot.
2) Licence restriction:
DJUCED STANDARD can only be installed on one (1) computer.
DJUCED STANDARD can only be used if at least one compatible DJ controller marketed under the HERCULES brand of Guillemot is connected to the Licensee’s computer.
DJUCED STANDARD may be copied to another computer provided that DJUCED STANDARD is erased from the first computer and that DJUCED STANDARD cannot be used on multiple computers at the same time.
3) Licence subscription date:
The Licence subscription date corresponds to the date of the first installation of the Software carried out by the Licensee under this Agreement.
4) Duration:
The term of this Agreement runs until Guillemot cancels the DJUCED STANDARD offer for any reason whatsoever.
5) Expiry date:
This Agreement will automatically expire if, for three (3) consecutive years, there is a lack of contact from the Licensee and a lack of connection of the Licensee to his/her/its account with Guillemot. The burden of proof of a contact from the Licensee and less than three (3) years old lies with the Licensee.
6) Termination:
From the Licence subscription date, the Licensee is entitled to terminate this Agreement at any time after uninstalling DJUCED STANDARD together with all of its copies, regardless of their form and regardless of their medium. The Licensee may terminate this Agreement via the “Contact Us” section on the website https://support.hercules.com.
7) Deletion of the offer:
For one (1) month from a notice in the form of an electronic writing (examples: an ordinary e-mail or a window appearing in the graphical interface of the Software) announcing the deletion of the DJUCED STANDARD offer by Guillemot (or by the most recent owner of the Software), the Licensee may, subject to the terms of this Agreement, continue to use his/her/its version of DJUCED STANDARD.
Appendix 3: DJUCED PRO offer (DJUCED PRO licence: one-time payment)
(Date of the version of Appendix 3: 2024-12-17)
1) Features:
The DJUCED PRO offer includes the same features as the DJUCED STANDARD offer (namely the DJUCED STANDARD offer on the date of the version of this Agreement, and not on the date of a possible subscription to the DJUCED STANDARD offer prior to the date of this Agreement), to which the following paid features are added:
- The following general functions: access to effects for modifying the rhythm, sound and audio of a piece of music (“Extra FX”); day mode for using the Software in all conditions, thanks to a clearer interface; MIDI; a function for resuming the playback of a piece of music at the point where the piece of music would have been after stopping any action that modified the playback of this piece of music (“slip” mode);
- The following music track preparation functions: simple synchronization (BPM only); autocue;
- The following video functions: streaming videos synchronized to the tempo of the piece of music (“VJING”);
- An unlocked mode; and
- The ability to change the functions of the physical controls of a compatible DJ controller marketed under the HERCULES brand of Guillemot (“remapping”).
2) Version of the licensed Software:
The Licence corresponding to the DJUCED PRO offer is granted on the Software in its current major version*, namely with the features available in the DJUCED PRO offer at the time of subscription to the Licence, and compatible with the hardware and operating systems supported at the time of this subscription. Consequently, access to DJUCED PRO in a later version must be subject to a new licence subscription by the Licensee; while specifying that Guillemot reserves the right to upgrade the Software and/or the DJUCED PRO offer, notably by adding new features, deleting existing features or deleting the DJUCED PRO offer.
*The Software versions are written in the form X.Y.Z.; where “X” is a number corresponding to a major version (so X represents a number of major upgrade(s)), “Y” is a number corresponding to a minor version, and “Z” is a number corresponding to a revision of the version disclosed or not disclosed to the public. “Major” developments bring new features to a software, or even completely restructure a software. “Minor” changes mainly bring bug fixes or additions of secondary features (for example, the addition of a shortcut button).
3) Licence grant - Licence restriction:
In consideration of the Licence price paid by the Licensee when subscribing to the DJUCED PRO offer (one-time payment), Guillemot grants to the Licensee, for the period indicated in paragraph 7 below, the non-exclusive, non-transferable and non-assignable right to install DJUCED PRO in accordance with the terms of this Agreement, on a maximum of five (5) computers belonging to him/her/it, for personal use on his/her/its computer system or on his/her/its file server intended for local use within the Licensee’s personal network - for this network to be considered a personal network, only the Licensee must be able to access this local network. Such network shall be owned, acquired and controlled by the Licensee.
The said five (5) computers must all be attached to a single personal e-mail address, with the granted Licence being strictly personal and individual, and the user of the Licence being a single individual.
Any modification of a computer (or, once the limit of five (5) computers has been reached, any modification of the said computers) must be requested on the Hercules technical support website (https://support.hercules.com), by the Licensee, via his/her/its personal space.
Updates, upgrades, patches and modifications may be necessary to allow the Licensee to continue to use the Software on certain hardware, with certain software or services, with certain operating systems, and/or in certain languages.
The DJUCED PRO offer cannot be combined with the DJUCED PRO+ offer.
If, after subscribing to the DJUCED PRO offer, the Licensee subscribes to the DJUCED PRO+ offer, then access to the DJUCED PRO+ features takes the place of access to the DJUCED PRO features (in other words, access to the features of the DJUCED PRO offer is interrupted) and this as long as his/her/its monthly subscription (to the features of the DJUCED PRO+ offer) is not terminated either by Guillemot or by the Licensee or by both, and as long as the DJUCED PRO+ offer is not deleted. The Licensee’s access to the features of the DJUCED PRO offer can only be restored when his/her/its monthly subscription (to the features of the DJUCED PRO+ offer) is terminated by the Licensee and provided, however, that there is no deletion of DJUCED PRO by Guillemot - given that it is not possible to restore something that no longer exists.
4) Activation of the Licence
After having subscribed to the Licence on the website https://shop.hercules.com or https://eshop.hercules.com, the Licensee must activate his/her/its Licence:
- If the Licensee does not have any Software (i.e. if the DJing DJUCED software is not already installed on his/her/its computer), the Licensee will:
(1) first go to https://www.djuced.com to download DJUCED FREE or DJUCED STANDARD,
(2) install DJUCED FREE or DJUCED STANDARD on a compatible computer (the compatible computer on which the Licensee wishes to use DJUCED PRO),
(3) then open DJUCED FREE or DJUCED STANDARD if it does not open automatically (if applicable, the Licensee must authorise its opening),
(4) the Licensee must provide his/her/its identifiers (the identifiers used by the Licensee to connect to the site https://shop.hercules.com or https://eshop.hercules.com and subscribe to the Licence), and
(5) the Licensee must enter his/her/its identifiers in the graphical interface of the Software and then validate.
Using the Licensee’s identifiers, the Software will log into his/her/its Guillemot account and activate the Licence on the Licensee’s compatible computer.
A restart of the Software may be necessary for the activation of the Licence to have visible effects (when the Licence is activated, the features of the DJUCED FREE or DJUCED STANDARD offer are increased until the Licensee has access to the features of the DJUCED PRO offer subscribed by the Licensee).
- If the Licensee already had a version of the Software (i.e. if the DJing DJUCED software is already installed on his/her/its computer), then to activate the Licence, the Licensee must:
(1) open this Software,
(2) the Licensee must provide his/her/its identifiers (the identifiers used by the Licensee to connect to the site https://shop.hercules.com or https://eshop.hercules.com and subscribe to the Licence), and
(3) enter his/her/its credentials in the graphical interface of the Software and then validate.
Using the Licensee’s identifiers, the Software will log into his/her/its Guillemot account and activate the Licence on the Licensee’s compatible computer.
A restart of the Software may be necessary for the activation of the Licence to have visible effects (when the Licence is activated, the features of the DJUCED FREE or DJUCED STANDARD offer are increased until the Licensee has access to the features of the DJUCED PRO offer subscribed by the Licensee).
After activation, a connection of the Software to the Guillemot account (by means of the identifiers used by the Licensee for the subscription of the Licence) is periodically required for the computer used by the Licensee in order to retain access to the features of the DJUCED PRO offer. In the absence of connection, the Licensee will only have access to the features of the DJUCED FREE offer or the DJUCED STANDARD offer until the deletion of this offer or these offers.
5) Software updates and compatibility:
The Licensee subscribes to a Licence to use DJUCED PRO in its major version available at the time of subscription to the Licence. Guillemot shall be liable for any lack of conformity, existing at the time of the provision by Guillemot of the information allowing the Licensee to proceed with the activation of this Licence, and which would appear within two (2) years from this provision. During this period, Guillemot will inform the Licensee of the availability of the updates necessary to maintain the compliance of DJUCED PRO, the consequences of their non-installation by the Licensee, and provide him/her/it with any installation instructions for the said updates.
Guillemot guarantees the Licensee access to its technical support exclusively during this period of two (2) years. Beyond this period, the Licensee will therefore not be able to turn to Guillemot for technical support on DJUCED PRO; Guillemot will not provide an update for DJUCED PRO (for example, the addition of additional features) other than those necessary to maintain compliance. The Licensee will be required to purchase a new Licence in order to obtain the latest available version of DJUCED PRO.
6) Licence subscription date:
The Licence subscription date corresponds to the date of the single payment made by the Licensee when subscribing to the DJUCED PRO offer.
7) Duration:
This Agreement is concluded from the date of subscription to the DJUCED PRO offer, subject to the corresponding payment made by the Licensee. The duration of this Agreement runs until Guillemot deletes DJUCED PRO for any reason whatsoever.
8) Expiry date:
This Agreement will automatically expire if, for three (3) consecutive years, there is an absence of contact from the Licensee, an absence of connection of the Software to the Licensee’s account with Guillemot, and an absence of connection of the Licensee to his/her/its account with Guillemot. The burden of proof of a contact from the Licensee and less than three (3) years old lies with the Licensee.
9) Termination - Consequences of termination:
From the Licence subscription date, the Licensee is entitled to terminate this Agreement at any time after uninstalling DJUCED PRO together with all of its copies, regardless of their form and regardless of their medium. The Licensee may terminate this Agreement via the “Contact Us” section on the website https://support.hercules.com.
In the event of termination of this Agreement (therefore in the event of termination of the DJUCED PRO Licence) by a Licensee who does not have a monthly subscription in force relating to the DJUCED PRO+ offer, the Licensee who has become a former Licensee of this Agreement will only have access to the features of the DJUCED FREE offer or the DJUCED STANDARD offer - if the former Licensee of this Agreement uses a compatible DJ controller marketed under the HERCULES brand of Guillemot - until the deletion of this offer or these offers.
In the event of termination of this Agreement (therefore in the event of termination of the DJUCED PRO Licence) by a Licensee who has a monthly subscription in force relating to the DJUCED PRO+ offer, the Licensee who has become a former Licensee of this Agreement retains access to the features of the DJUCED PRO+ offer (if the former Licensee also retains - except suspension - his/her/its monthly subscription) until the deletion of the DJUCED PRO+ offer or the termination of the monthly subscription to the DJUCED PRO+ offer.
10) Deletion of the offer:
For two (2) years from a notice in the form of an electronic writing (examples: an ordinary e-mail or a window appearing in the graphical interface of the Software) announcing the deletion of the DJUCED PRO offer by Guillemot (or by the most recent owner of the Software), the Licensee may, subject to the terms of this Agreement, continue to use his/her/its version of DJUCED PRO.
Appendix 4: DJUCED PRO+ offer (DJUCED PRO+ licence: monthly subscription)
(Date of the version of Appendix 4: 2024-12-17)
1) Features:
The DJUCED PRO+ offer includes the same features as the DJUCED PRO offer (namely the DJUCED PRO offer on the date of the version of this Agreement, and not on the date of a possible subscription to the DJUCED PRO offer prior to the date of this Agreement), to which is added the following paid feature: broadcast of the lyrics of the piece of music synchronized with the piece of music (“Lyrics”).
Usage of lyrics provided by LyricFind (hereinafter the “Lyrics”) is limited to the personal use of the Licensee, non-commercial use, in accordance with the terms hereof. The Licensee may not reproduce (other than as authorised for his/her/its own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Lyrics provided by LyricFind.
The Licensee agrees that he/she/it is not granted any so-called “karaoke” or “sing-along” rights to Lyrics and the Licensee shall not seek to or remove any vocal track from a sound recording that shall be associated with a Lyric provided to the Licensee.
The Licensee agrees not to assign, transfer or transmit any Lyrics to any third party.
The Licensee agrees that he/she/it shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the Lyrics from any unauthorised usage.
2) Licensed Software versions:
The Licence corresponding to the DJUCED PRO+ offer is granted on the Software in its current version, namely with the features available in the DJUCED PRO+ offer at the time of the Licence subscription, and compatible with the hardware and operating systems supported at the time of the Licence subscription, but also all subsequent versions of DJUCED PRO+ made available by Guillemot to its licensees during the term of this Agreement; while specifying that Guillemot reserves the right to upgrade DJUCED PRO+ and/or the DJUCED PRO+ offer notably by adding new features or deleting existing features; and that these subsequent versions may not be compatible with the hardware and operating systems supported at the time of subscription to the Licence (which implies that the Licensee updates his/her/its hardware and/or operating system at his/her/its expense).
3) Licence grant - Licence restriction:
In consideration of the Licence price paid by the Licensee when subscribing to the DJUCED PRO+ offer as well as the price of the monthly subscription (rolling monthly subscription tacitly renewable from month to month), Guillemot grants to the Licensee, for the period indicated in paragraph 8 below, the non-exclusive, non-transferable and non-assignable right to install DJUCED PRO+ in accordance with the terms of this Agreement, on a maximum of five (5) computers belonging to him/her/it, for personal use on his/her/its computer system or on his/her/its file server intended for local use within the Licensee’s personal network - for this network to be a personal network, only the Licensee must be able to access this local network. Such network shall be owned, acquired and controlled by the Licensee.
The said five (5) computers must all be attached to a single personal e-mail address, with the granted Licence being strictly personal and individual, and the user of the Licence being a single individual.
Any modification of a computer (or, once the limit of five (5) computers has been reached, any modification of the said computers) must be requested on the Hercules technical support website (https://support.hercules.com), by the Licensee, via his/her/its personal space.
The Licensee will have access to each new version of DJUCED PRO+ available during the term of his/her/its subscription, as specified in paragraph 6 below. It will be the Licensee’s responsibility to own a computer compatible with the new version of DJUCED PRO+ and including an operating system supported by this new version of DJUCED PRO+, as well as a connection to a compatible electronic communication network with the speed that this new version requires.
The DJUCED PRO+ offer cannot be combined with the DJUCED PRO offer.
If, after subscribing to the DJUCED PRO offer, the Licensee subscribes to the DJUCED PRO+ offer, then access to the DJUCED PRO+ features takes the place of access to the DJUCED PRO features (in other words, access to the features of the DJUCED PRO offer is interrupted) and this as long as his/her/its monthly subscription (to the features of the DJUCED PRO+ offer) is not terminated either by Guillemot or by the Licensee or by both, and as long as the DJUCED PRO+ offer is not deleted. The Licensee’s access to the features of the DJUCED PRO offer can only be restored when his/her/its monthly subscription (to the features of the DJUCED PRO+ offer) is terminated by the Licensee and provided, however, that the DJUCED PRO offer has not been deleted in the meantime - given that it is not possible to restore something that no longer exists.
If the Licensee attempts to subscribe to the DJUCED PRO offer while his/her/its monthly subscription to the features of the DJUCED PRO+ offer is not terminated, then problems will occur. Therefore, the Licensee will have to wait until the termination of his/her/its monthly subscription to the features of the DJUCED PRO+ offer has taken effect before subscribing to the DJUCED PRO offer - provided that the DJUCED PRO offer has not been deleted.
Updates, upgrades, patches and modifications may be necessary to allow the Licensee to continue to use the Software on certain hardware, with certain software or services, with certain operating systems, and/or in certain languages.
4) Licence price:
Guillemot reserves the right to change the price of the monthly subscription to the DJUCED PRO+ offer. In this case, Guillemot will inform the Licensee in advance by means of a written notice (examples: an ordinary e-mail or a window appearing in the graphical interface of the Software). This notice will be in the form of an electronic writing. The Licensee may oppose the evolution of the price by terminating this Agreement. Any use of DJUCED PRO+ by the Licensee after delivery by Guillemot (or the most recent owner of the Software) of such written notice and expiration of the applicable notice period shall constitute the Licensee’s acceptance of this new price.
5) Activation of the Licence:
After having subscribed to the Licence on the website https://shop.hercules.com or https://eshop.hercules.com, the Licensee must activate his/her/its Licence:
- If the Licensee does not have any Software (i.e. if the DJing DJUCED software is not already installed on his/her/its computer), the Licensee will:
(1) first go to https://www.djuced.com to download DJUCED FREE or DJUCED STANDARD,
(2) install DJUCED FREE or DJUCED STANDARD on a compatible computer (the compatible computer on which the Licensee wishes to use DJUCED PRO+),
(3) the Licensee must then open DJUCED FREE or DJUCED STANDARD if it does not open automatically (if applicable, the Licensee must authorise its opening),
(4) the Licensee must provide his/her/its identifiers (the identifiers used by the Licensee to connect to the site https://shop.hercules.com or https://eshop.hercules.com and subscribe to the Licence), and
(5) the Licensee must enter his/her/its identifiers in the graphical interface of the Software and then validate.
Using the Licensee’s identifiers, the Software will log into his/her/its Guillemot account and activate the Licence on the Licensee’s compatible computer.
A restart of the Software may be necessary for the activation of the Licence to have visible effects (when the Licence is activated, the features of the DJUCED FREE or DJUCED STANDARD offer are increased until the Licensee has access to the features of the DJUCED PRO+ offer subscribed by the Licensee).
- If the Licensee already had a version of the Software (i.e. if the DJing DJUCED software is already installed on his/her/its computer), then to activate the Licence, the Licensee must:
(1) open this Software,
(2) the Licensee must provide his/her/its identifiers (the identifiers used by the Licensee to connect to the site https://shop.hercules.com or https://eshop.hercules.com and subscribe to the Licence), and
(3) the Licensee must enter his/her/its identifiers in the graphical interface of the Software and validate.
Using the Licensee’s identifiers, the Software will log into his/her/its Guillemot account and activate the Licence on the Licensee’s compatible computer.
A restart of the Software may be necessary for the activation of the Licence to have visible effects (when the Licence is activated, the features of the DJUCED FREE or DJUCED STANDARD offer are increased until the Licensee has access to the features of the DJUCED PRO+ offer subscribed by the Licensee).
After activation, a connection of the Software to the Guillemot account (by means of the identifiers used for the subscription of the Licence) is periodically required for the computer used by the Licensee to retain access to the features of the DJUCED PRO+ offer. In the absence of connection, the Licensee will only have access to the features of the DJUCED FREE offer or the DJUCED STANDARD offer until the deletion of this offer or these offers.
6) Software updates and compatibility:
Guillemot shall be liable for any lack of conformity that arises during the term of this Agreement. Guillemot will inform the Licensee of the availability of the updates necessary to maintain the compliance of the Software, the consequences of their non-installation by the Licensee, and provide him/her/it with any installation instructions for the said updates. Guillemot guarantees the Licensee access to its technical support throughout the term of this Agreement.
In addition, the Licensee will benefit, during the term of this Agreement, without additional price, from any updates that Guillemot may offer and that are not necessary to maintain the compliance of the Software (for example, the addition of additional features). During this period, Guillemot will inform the Licensee of the availability of these updates that are not necessary to maintain the compliance of the Software.
7) Licence subscription date:
The Licence subscription date corresponds to the date of the first monthly payment of the subscription made by the Licensee when subscribing to the DJUCED PRO+ offer.
8) Duration - Termination - Suspension - Deletion:
a) Duration:
The duration of this Agreement runs from the Licence subscription date and per monthly period(s) until the Licensee’s monthly subscription is terminated, either by Guillemot or by the Licensee or by both, and until the DJUCED PRO+ offer is deleted.
There is no guarantee of renewal of the Licence, Guillemot may at any time, for any reason whatsoever, delete the DJUCED PRO+ offer subscribed by the Licensee.
b) Termination by Guillemot:
At each monthly due date, Guillemot reserves the right to unilaterally and automatically terminate this Agreement in the event of non-payment by the Licensee of the price of the Licence, without prejudice to any damages to which Guillemot may be entitled. In this case, the Licensee will no longer have access to the paid features of the Software from the date of non-payment.
c) Termination by the Licensee:
The Licensee may terminate his/her/its subscription, at any time, by clicking on “Terminate your contract” on the home page of the sites https://shop.hercules.com or https://www.djuced.com/. In this case, the Licensee will continue to have access to the paid features of the Software until the end of the rolling month already paid.
In the event of termination of this Agreement (therefore in the event of termination of the DJUCED PRO+ Licence) by a Licensee who does not have another licence agreement in force relating to a DJUCED PRO offer, the Licensee who has become a former Licensee of this Agreement will only have access to the features of the DJUCED FREE offer or the DJUCED STANDARD offer - if the former Licensee of this Agreement uses a compatible DJ controller marketed under the HERCULES brand of Guillemot - until the deletion of this offer or these offers.
In the event of termination of this Agreement (therefore in the event of termination of the DJUCED PRO+ Licence) by a Licensee who has another licence agreement in force relating to a DJUCED PRO offer, the Licensee who has become an former Licensee of this Agreement will regain access to the features of the DJUCED PRO offer unless the DJUCED PRO offer is deleted; the former Licensee of this Agreement will regain the features of the DJUCED PRO offer to which he/she/it has subscribed under this other licence agreement (he/she/it will therefore regain the features of the DJUCED PRO offer as they were on the date of his/her/its subscription to the DJUCED PRO offer and not the features of the DJUCED PRO offer as they are on the date of termination of this Agreement).
d) Consequences of termination by Guillemot:
Except in the event of termination of this Agreement by Guillemot due to infringement of Guillemot’s copyright or in the event of fraud or attempted fraud on the part of the Licensee, if the Licensee, before subscribing to the DJUCED PRO+ offer:
- had subscribed to the DJUCED PRO offer, then, in this case, the Licensee will regain access to the features of the DJUCED PRO offer - except in the event of deletion of the DJUCED PRO offer - via his/her/its subscription prior to the DJUCED PRO offer;
- had not subscribed to the DJUCED PRO offer, then, in this case, the Licensee may have access to the Software either via the DJUCED FREE offer or via the DJUCED STANDARD offer if the Licensee uses a compatible DJ controller marketed under the Hercules brand of Guillemot.
The Licensee who cancels his/her/its subscription to the DJUCED PRO+ offer and then subscribes to the DJUCED PRO offer will not be required to uninstall the Software if he/she/it subscribes to the DJUCED PRO offer within three (3) calendar days following the termination of his/her/its subscription to the DJUCED PRO+ offer.
e) Suspension of the Licence:
Guillemot reserves the right to suspend the Licence in the event of failure to update the Licensee’s payment method preventing Guillemot from receiving the amount of the Licence price on a monthly basis. In this case, the Licensee will no longer have access to the features of the DJUCED PRO+ offer from the date of non-payment. The Licensee will again have access to the features of the DJUCED PRO+ offer when Guillemot has received the amount of the Licence price. The Licensee undertakes to regularly update his/her/its bank details and payment information.
f) Deletion of the offer:
The Licensee will be informed of the deletion of the DJUCED PRO+ offer by a notice in the form of an electronic writing (examples: an ordinary e-mail or a window appearing in the graphical interface of the Software) announcing the deletion of the DJUCED PRO+ offer by Guillemot (or by the most recent owner of the Software).
Guillemot will use commercially reasonable efforts to ensure that the Licensee can use DJUCED PRO+ until the last day of the current rolling month of the Licensee’s subscription.