Terms of Use

User Agreement

1. Important Notice

1.1. PLEASE READ CAREFULLY

BY USING THE WEBSITE OR ANY OTHER SERVICE PROVIDED BY THE COMPANY, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THESE TERMS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY'S CODE OF CONDUCT, CONSTITUTE AN AGREEMENT BETWEEN YOU AND IRRQUEST GROUP, THEREFORE A LEGAL CONTRACT BETWEEN YOU AND IRRQUEST GROUP (“IRRQUEST®”, “IRRQUEST® GROUP”, “EDXIRR”, “EDXIRR by IRRQUEST®”, “BUSINESS GAMES by IRRQUEST®”, OTHERWISE MENTIONNED AS “WE” OR “OUR”). PLEASE READ THESE TERMS CAREFULLY BEFORE YOU CONTINUE TO USE THE WEBSITE OR PURCHASE ANY PRODUCT OR SERVICE.

1.2. WHAT IF YOU DO NOT AGREE?

IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT SUBSCRIBE OR USE, AND DISCONTINUE USING THE WEBSITE AND ANY OTHER SERVICE PROVIDED BY THE COMPANY.

2. Definitions

2.1. “Affiliate”

means any entity that either directly or indirectly controls, is controlled by, either fully or partially as generally accepted (which usually represents more that 20% of the voting stock in consideration), or is under common control with the subject entity.

2.2. “Company”, “IRRQuest Group”, “IRRQuest® Group”, “IRRQuest®”, “edXirr”, “edXirr by IRRQuest®”, “Business Games by IRRQuest®”, “WeAreValuE WAVE”, “We”, and “Us”

refer to IRRQuest Group represented by Olivier Rochet, with its address at BP14 78421 Carrières sur Seine, France.

2.3. “Content”

means the information operated and owned by IRRQuest® Group and owner(s) of, including, but not limited to, text, graphics, photographs, images, videos, sounds, illustrations, software and proprietary tools or algorithms.

2.4. “Customer” and “You”

refer to the persons’, including the Users of the Services, entity or agents and authorized representatives accepting this agreement by using the Websites, and by using any provided Services.

2.5. “Customer Data”, “User Data”, and “Your Content”

refer to the information uploaded or submitted to us or through the use of the Services by the Customer or any User using the Customer provided access to a Service.

2.6. “IRRQuest® Server” and “Server”

refer to the server(s) that host Server-based Solutions such as without limitation websites, web applications or documentation, which contribute to run the Service.

2.7. “Marks”

refers to the Services and Company's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how including, but not limited to, proprietary algorithms, frameworks, concepts and methods, and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the software and systems.

2.8. “Order Form”

means the subscription, which can include a free trial subscription, and ordering documents for Services or Software-as-a-Service purchased that are executed hereunder by the parties. Customer Affiliates may purchase Subscription Services subject to the terms of the Agreement by executing Order Forms hereunder.

2.9. “Software” and “Server Software”

refer to the software that runs either on IRRQuest® Group’s (or owner(s) of) servers to visualize Customer Data, or directly on Customer’s web browser, to provide part or all of the Services.

2.10. “Service”

means any service, either free or paid, that IRRQuest® Group may provide to Customer through its Websites or offline set forth following an agreement describing the scope, price and other terms for answering a Customer’s request for service.

2.11. “Subscription Service”

means any online or offline Service, either free or paid, provided by IRRQuest® Group via the Company’s Websites and any of their respective sub domains, or such other websites designated by IRRQuest® Group and associated services.

2.12. “Term”

refers to the initial term as set forth in the Order Form (the “Initial Term”), which Initial Term may include a free Trial period as expressly defined in the Service Offering and referenced to in the Order Form, by Customer as well as all the successive renewal periods, collectively referred to as the “Term”.

2.13. “Third Party Offerings”

means Services delivered or performed by Third Parties, that are not IRRQuest® Group’s Affiliates, or other online, web-based applications or other Subscription Services, and any associated offline products or services provided by Third Parties, who contribute to deliver the Services.

2.14. “User” and “End User”

refer to Customer’s or its Affiliates’ employees, consultants, contractors or agents who are authorized by Customer or its Affiliates to access and use the Services.

2.15. “Website”

refers to any of the Websites owned by IRRQuest® Group and its Affiliates; depending on the context it is mentioned in, it may also refer to the corresponding domains of the websites.

3. Term, Termination and Cancellation Policy

3.1. The Initial Term of this Agreement shall be as set forth in the Order Form.

The Initial Term shall begin upon commencement of the Services to Customer, including any Trial period. After the Initial Term, this Agreement shall automatically renew. AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. If Your payment method, such as a credit card, reaches its expiration date and You do not edit your payment method information or cancel, you acknowledge, agree and authorize Us to continue billing your credit card and you remain responsible for any uncollected amounts.

3.2. This Agreement may be terminated:

By either party by giving the other party thirty (30) days prior written notice subject to a minimum $50.00 charge as an early cancellation fee payable by Customer,
By Company in the event of nonpayment by Customer,
By Company, at any time, without notice, if, in Company's sole discretion and/or judgment, Customer is in violation of any term or condition of this Agreement,
By Company as provided herein.

3.3. If You cancel this Agreement, upon proper notice to Company, prior to the end of the Initial Term or any Term thereafter:

You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;
Company may (but is not obligated to) refund to You all pre-paid fees for unused subscribed services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment, provided that, You are not in breach of any terms and conditions of this Agreement; and/or
You shall be obligated to pay one hundred percent (100%) of all charges for all Services for each month remaining in the Term. Any cancellation request shall be effective thirty (30) days after receipt by Company, unless a later date is specified in such request.

3.4. Company may terminate this Agreement, without penalty:

If the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or
Immediately, if Company determines that Customer’s use of the Services, the Website or the Customer Content violates any Company term or condition. If Company cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, Company shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, You shall be obligated to pay one hundred percent (100%) of all charges for all Services for each month remaining in the Term and Company shall have the right to charge You an administrative fee of a minimum of $50.00.

3.5. Upon termination of this Agreement for any cause or reason whatsoever:

Neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein, such as in the limitation of liability/warranty or intellectual property Sections.

4. Your Privacy

4.1. Privacy statement

Your privacy is important to us. This privacy statement explains what personal data we collect from you and how we use it. We encourage you to read the summaries below and to contact us if you'd like more information on a particular topic.

4.2. Use of Cookies

We - and/or our hosting services provider and/or third parties - use cookies.

Cookies intend to be used at first to provide you with the best possible experience as a Customer of our Services, relying on existing marketing tools such as Google Analytics and Webmaster Tools, Bing Webmaster Tools, Twitter and other social media platforms and tools. In any way they should be intrusive or unproper to your use of the Services. If you notice any such unintended use, please immediately inform us and we will take all appropriate measures to improve the situation wherever it is to improve the quality of our Services and preference of our Customers.

4.3. Product-specific information

The product-specific details sections provide additional information relevant to particular IRRQuest® products. This statement applies to the IRRQuest® products listed below, as well as other products that display this statement. References to IRRQuest® products in this statement include, without limitation, Company’s Services, Websites, apps, software and frameworks provided as a service.

4.3.1. edXirr products and services
4.3.1.1. General description

edXirr consists of set of solutions, of which software as a service and online collaborative tools that support both educational and professional purposes. Solutions may be, as paid subscription services, purchased as a whole or by module depending on the available offer at the time of service subscription. Some edXirr modules may also be provided as part of other paid Services.

4.3.1.2. Uses and User Data

edXirr solutions may be provided and used in different ways and with different scopes and purposes, so that the information gathering and use may differ:

4.3.1.2.1. Uses

edXirr solutions may be used either in a standalone way under a single-user license agreement, or in a collaborative way under a multi-user license agreement: please refer to the license section of the Agreement. Customer may opt for different options regarding the way Users will use the service, such as:

Submit data electronically, so that information may be processed: to provide a paid service such as – without limitation – management solutions, training solutions and reporting services, to provide feedbacks or additional information or additional custom service or support. Submission may include data inputs through edXirr solutions, files attachment, or specific forms that help us manage Customer satisfaction the best way, which means for us limiting privacy intrusions to the strict minimum required to provide the best possible quality and continuously improve our Services, and promoting as much as possible volunteer information submission by Customer.
Share information with other Users or with the Company through multi-user use of the Service.

4.3.1.2.2. User Data

edXirr solutions may either store data inputs by Customer locally, which means through their local infrastructure to access the service over the Internet, for example in a web browser, or centralize information on our servers, either physical or virtual, hosted by our own or by a hosting service provider. User should take the appropriate security measures to ensure the protection and availability of sensitive Data.

4.3.2. Business Games products and services
4.3.2.1. General description

Business Games by IRRQuest® include the famous Business Games Trilogy made of Buy&Sell, Invest&Grow and Create&Build. However, any product or service explicitly refered to as a “Business Games by IRRQuest®” product or service, is included in this category. Business Games by IRRQuest® generally consist of both online and/or standalone materials such as website information and media, software or documentation.

4.3.2.2. Uses and User Data

Business Games by IRRQuest® online solutions may be accessed through free trial subscription and/or paid services, basically under a standard 2 users licence. User Data include, without limitation: games data, scores, as provided by the Customer on purpose.

4.3.3. Other products and services

Other products and services details shall be furnished at the time they are proposed for sale and result in an update of the Privacy policy.

4.4. Children

Our product and services are not directed to children under 13 without express parental consent and guidance. We therefore do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us and we shall proceed with the child’s account termination and information removal.

4.5. Security

We are concerned with the security of the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via mobile device, or via electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

4.6. Contact

May you need additional information or want to review or remove all or part of the personal information we collect about you, please contact us via email at customerlove@irrquestgroup.com or via mail at the following address: IRRQuest Group - General Data Protection - BP14 78421 – Carrières-sur-Seine – France.

5. Your Content

5.1. Ownership and Responsibility of Your Content

Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

5.2. Sharing Your Content

When you share Your Content with other people, or give access to Your Content to other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content and do not give access to Your Content or do not choose such Services that allow You to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Company cannot be held responsible for Your Content or the material others upload, store or share using the Services.

5.3. You grant Us a worldwide royalty-free intellectual property license

To the extent necessary to provide the Services to you and others, to protect You and Company, and to improve Our products and services, You grant to IRRQuest® Group a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services.

6. Code of Conduct

6.1. Rules

By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

6.1.1.

Don’t do anything illegal.


6.1.2.

Don’t engage in any activity that exploits, harms, or threatens to harm children.


6.1.3.

Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).


6.1.4.

Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, or any other unauthorized action on the Services).


6.1.5.

Don’t circumvent any restrictions on access to or availability of the Services.


6.1.6.

Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).


6.1.7.

Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted information or other copyrighted material, resale or other distribution of unauthorized materials).


6.1.8.

Don’t engage in activity that violates the privacy of others.


6.1.9.

Don’t help others break these rules.

6.2. Enforcement

If you violate these Terms, we may stop providing Services to you or we may close your account. However, we cannot monitor the entire Services and make no attempt to do so.

6.3. Termination

Without any substantial argument or proof of any violation as expressed above, We reserve the right to terminate the Service at any time, however with no other purpose than protecting the interest of the Company, and in the best appropriate manner with regards to the circumstances.

7. Disclaimer and Limitation of Liability/Warranty

7.1. Disclaimer of Warranty

Customer agrees to use all Services and any information obtained through or from Company, at Customer's own risk. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF COMPANY, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "COMPANY PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES.

NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR ANY PROCESSED INFORMATION THROUGH THE SERVICES.

COMPANY IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S THIRD PARTIES VIA THE SERVICES PROVIDED BY COMPANY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY COMPANY PERSON WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

7.2. Limitation of Liability and Warranty

7.2.1.

IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO COMPANY BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.


7.2.2.

COMPANY CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. COMPANY WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM OR ON ANY SYSTEM THROUGH THE USE OF THE SERVICES.


7.2.3.

COMPANY SHALL NOT BE LIABLE IN ANY WAY TO CUSTOMER OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.


7.2.4.

YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT INTERNET BASED SERVICES ARE NOT FAULT-FREE AND OUTSIDE OUR POWER. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR (AS FOR SERVICES THAT PROVIDE SUCH DATA SAVINGS FUNCTIONALITIES), ASSUMING IT HAS BEEN GUARANTEED OTHERWISE, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.


7.2.5.

The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability).


7.2.6.

Notwithstanding anything to the contrary in this Agreement, Company's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.


7.2.7.

Customer understands, acknowledges and agrees that if Company takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that Company shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Company.


7.2.8.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

8. User License

8.1. User license granted to Customer

8.1.1. Scope

The following apply to any of the Services that use, in part or as a whole, the software-as-a-service solutions “edXirr”, “edXirr by IRRQuest®”, “Business Games by IRRQuest®” or any other Mark referring the Software, in part or as a whole.

8.1.2. Grant of license

Subject to the terms and conditions of this Agreement, Company hereby grants Customer, and Customer accepts, a non-exclusive, non-transferable, paid-up license to use the Software as follows:

8.1.2.1. edXirr Single User license:

User shall be a named User, whose name and surname along with contact information are provided through the Order Form. User can use any web browser that is compatible with the Service, so that the use of the Software is not linked to only one computer or browser.
User will be provided a personal account login and password to access the Service, and it is Your responsibility, as part of Customer responsibilities provisioned herein, to maintain the confidentiality of Your account number, account name and password, particularly to comply with the Code of Conduct. In case of any doubt, User shall inform the Company immediately, so that User account information can be suspended and renewed.
User must be the sole person to access the Service by using the personal account provided to; otherwise will the Company automatically upgrade the Service accordingly to the real Use of the Service, or decide to terminate the Agreement, and bill the Customer the fees difference from the notice of a breach of this Agreement.
User must not copy, reproduce, modify, reverse engineer, disassembly, or attempt to, any of the code of the Software or have any behavior that constitutes a breach as set forth in this Agreement with regards to the Code of Conduct, or our Intellectual Property, licensors’ or service providers’. In particular, You are not allowed to expose any API or program that allows programmatic access to any code constituting the Software, and Customer must include the copyright notice Parts of this webpage that is defined by the original information is Copyright © Olivier Rochet on all resulting web pages and source files.
If your product is either labeled “Standard Edition” or “Professional Edition”, you have a royalty-free right to print and distribute the output of the Software as is, which is the web pages that appear on the End User computer, or any other device through which User access the Service in the conditions agreed in the Order Form.
If your product is labeled “Professional Edition”, you are allowed to integrate the Software user interface as part of a website or commercial application and to resell the web pages or applications that contain access and use of the Software. In such case, a single User license means you resell a single User license of your commercial application or web page. We strongly recommend You to contact Us in that case to provide us with the appropriate information so that we can propose the most appropriate Service.

8.1.2.2. edXirr Multi User license:

Users may be numerous in the limit of the product or service subscribed through the Order Form. Customer shall name a key User in the order form, which shall represent the group of Users aimed to access the Services, and be the User contact. Each User shall be named users though, and the key User defined in the Order Form shall communicate the Users name, surname and contact information no later than the start of their using the Service. Except for the key User, You are allowed to replace at any time any other User with another, in the limit of the total number authorized, by contacting Us: former User account will be cancelled and replaced with creating the new User account, and Company will charge You an administrative fee of a minimum of $15.00. Users can use any web browser that is compatible with the Service, so that the use of the Software is not linked to only one computer or browser.
Each User will be provided a personal account login and password to access the Service, and it is Your responsibility, as part of Customer responsibilities provisioned herein, to maintain the confidentiality of Your account number, account name and password, particularly to comply with the Code of Conduct. In case of any doubt, User shall inform the Company immediately, so that User account information can be suspended and renewed.
Each User must be the sole person to access the Service by using the personal account provided to; otherwise will the Company automatically upgrade the Service accordingly to the real Use of the Service, or decide to terminate the Agreement, and bill the Customer the fees difference from the notice of a breach of this Agreement.
Users must not copy, reproduce, modify, reverse engineer, disassembly, or attempt to, any of the code of the Software or have any behavior that constitutes a breach as set forth in this Agreement with regards to the Code of Conduct, or our Intellectual Property, licensors’ or service providers’. In particular, You are not allowed to expose any API or program that allows programmatic access to any code constituting the Software, and Customer must include the copyright notice Parts of this webpage that is defined by the original information is Copyright © Olivier Rochet on all resulting web pages and source files.
If your product is either labeled “Standard Edition” or “Professional Edition”, you have a royalty-free right to print and distribute the output of the Software as is, which is the web pages that appear on the End User computer, or any other device through which User access the Service in the conditions agreed in the Order Form.
If your product is labeled “Professional Edition”, you are allowed to integrate the Software user interface as part of a website or commercial application and to resell the web pages or applications that contain access and use of the Software. In such case, a multi User license means you shall resell a license of your commercial application or web page in a way that the total number of Users the access the Service shall not exceed the maximum authorized number of Users in the multi User license as ordered in the Order Form. We strongly recommend You to contact Us in that case to provide us with the appropriate information so that we can propose the most appropriate Service.

8.1.2.3. Business Games two (2) Users license:

User can use any computer or device that is compatible with the use of the Software. IRRQuest Group shall not be liable in any way for the materials and other softwares required to run the Sofware properly, except the Software itself.

The price is for two (2) Users, represented by the person or entity who purchased the product. If you intend to use the software for more than two (2) unique users, you should order as many files as necessary. You are not allowed to copy, reproduce or distribute the software files, except an additional copy for your personal backup purpose.

User must not copy, reproduce, modify, reverse engineer, disassembly, or attempt to, any of the code of the Software or have any behavior that constitutes a breach as set forth in this Agreement with regards to the Code of Conduct, or our Intellectual Property, licensors’ or service providers’. In particular, You are not allowed to expose any API or program that allows programmatic access to any code constituting the Software, and Customer must include and comply with the copyright notice Copyright © Olivier Rochet.

You are not allowed to resell the Software, neither in part nor as a whole.

You have a royalty-free right to print and distribute the output of the Software as is.

8.2. Free Trial period

Some Services may be subscribed and include a free Trial period (“Trial Services”). If You have registered for Trial Services, IRRQuest® Group will make the Trial Services available to You until:

The end of the Trial period, unless otherwise extended in Our discretion,
The start date of any paid Subscription Services ordered by You, or
The date on which Company elects in its sole discretion to terminate Customer’s access to Trial Services (“Trial Services Term”). You acknowledge and agree that the features and functionality of the Subscription Services may be limited during the Trial Services Term, or in some cases may provide more functionalities for an upgrade trial purpose than the ones corresponding to the ordered through the Order Form. Except as specifically set forth in this document, these Terms of Use shall apply to Your use of the Subscription Services during the Trial Services Term. Additional Trial terms and conditions may appear on the registration web page for the Trial Services. Any such additional terms and conditions are incorporated into these Terms of Use by reference, are legally binding and will govern in the event of a conflict with these Terms of Use.

8.3. Paid Subscription Services

Company will make any purchased Subscription Services available to You pursuant to these Terms of Use and the relevant Order Form during the subscription term as set forth in the Order Form (the “Subscription Term”). You agree that your purchase of Subscription Services are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Company regarding future functionality or features. Your use of the Subscription Services includes the right to access all functionalities available in the purchased Subscription Services as of the effective date of the Order Form. Subsequent enhancements to the Subscription Services made generally available to all subscribing customers will be made available to You at no additional charge. However, new features, functionality or enhancements to the Subscription Services may be marketed separately and may require the payment of additional fees. Company will determine, in its sole discretion, whether access to such new features, functionality or enhancements will require an additional fee. Unless otherwise set forth in an Order Form, these Terms of Use will apply to any updates, upgrades and new modules or offerings subsequently provided by Company to You as part of any purchased Subscription Services.
You might also request and order other Services in addition to the Subscription Services such as training, audit or consulting Services: all of them shall be deemed part of and subject to these Terms of Use.

8.4. Paid or Free Downloads

8.4.1. Scope

The following apply to any of the Paid or Free Downloads, unless specified otherwise, that include Software or Framework related items, such as: source files, documentation, marks, etc., and other Paid or Free Downloads, such as: eBooks, Audio files, etc.

8.4.2. Grant of license
8.4.2.1. Software or Framework related Downloads

Subject to the terms and conditions of this Agreement, Company hereby grants Customer, and Customer accepts, a non-exclusive, non-transferable, license to use the Software or Framework as follows:

User can use any computer or device that is compatible with the use of the Software or Framework. Company shall not be liable in any way for the materials and other softwares or data required to run the Software properly, except the Software itself with regards to the initial Offering.
The price, unless specified otherwise, is for a unique named User, represented by the person or entity representative who purchased the product. If Customer intends to use the Software for more than the number of included unique users in the price, Customer should order as many files as necessary. User is not allowed to copy, reproduce or distribute the files, except an additional copy for personal backup purpose.
User must not copy, reproduce, modify, reverse engineer, disassembly, or attempt to, any of the code of the Software or Framework, or have any behavior that constitutes a breach as set forth in this Agreement with regards to the Code of Conduct, or our Intellectual Property, licensors’ or service providers’. In particular, You are not allowed to expose any API or program that allows programmatic access to any code constituting the Software or Framework, and Customer must include and comply with the copyright notice Copyright © Olivier Rochet.
You are not allowed to resell the Software or Framework, neither in part nor as a whole.
You have a royalty-free right to print and distribute the output of the Software or Framework as is.

8.4.2.2. Other Digital Downloads

Subject to the terms and conditions of this Agreement, Company hereby grants Customer, and Customer accepts, a non-exclusive, non-transferable, license to use the Digital Product as follows:

User can use any computer or device that is compatible with the use of the Digital Product. Company shall not be liable in any way for the materials and other softwares or data required to run the Digital Product properly, except the Digital Product itself with regards to the initial Offering.
The price, unless specified otherwise, is for a unique named User, represented by the person or entity representative who purchased the product. If Customer intends to use the Digital Product for more than the number of included unique users in the price, Customer should order as many files as necessary. User is not allowed to copy, reproduce or distribute the files, except an additional copy for personal backup purpose.
User must not copy, reproduce, modify, reverse engineer, disassembly, or attempt to, any of the code of the Digital Product, or have any behavior that constitutes a breach as set forth in this Agreement with regards to the Code of Conduct, or our Intellectual Property, licensors’ or service providers’. Customer must comply with the copyright notice and any other notice specific to the Digital Product.
You are not allowed to resell the Digital Product, neither in part nor as a whole.

9. Intellectual Property

9.1. Property Rights

9.1.1. Your Content

Please refer to the corresponding section of this Agreement: “Your Content”.

9.1.2. Our ownership

Company and its Affiliates, own all right, title and interest in and to the Services and Company and its Affiliates’ trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the software and systems. Nothing in this Agreement constitutes a license to Customer to use or resell the Marks, either directly owned or not by Company.

In particular, the Websites and all of their Content are owned and operated by Company and its Affiliates. All of the Content featured or displayed on the Websites, including, but not limited to, text, graphics, photographs, images, videos, sounds, illustrations, software, know-how including, but not limited to, proprietary algorithms, frameworks, concepts and methods, are owned by Company, its licensors and/or its Third Party providers.

9.1.3. User license granted to Customer, royalty-free
9.1.3.1. Scope and Limitation

The grant of royalty-free license such as described below excludes any paid-up Services, which are provided through the same Websites. Please refer to the User License Agreement for paid Services. The following Websites constitute the scope for the application of the granted license terms as described below:

irrquestgroup.com
irrquestgroup.fr
irrquestpower.com
wearevalue.org
wearevalue.community
irrquest.com
irrquest.fr
edxirr.com
edxirr.fr

9.1.3.2. Royalty-free granted license terms

Company hereby grants to Customer a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the Term of this Agreement, to use Company products and services solely for the purpose of accessing and using the Services. Customer may not use Company’s products for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Company or its Affiliates to Customer any Company and Affiliates’ proprietary information and know-how, and all rights, titles and interests in (collectively the “Information’) and any Company and its Affiliates’ Information shall remain solely with Company and its Affiliates. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets or proprietary methods from any of the Company.

9.2. Unauthorized use, Copyright and Marks Infringements

All elements of our Websites, including, but not limited to, the Content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written agreement with us, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Company and its Affiliates, or its licensors unless otherwise expressly agreed. You shall indemnify Company, its Affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

10. Jurisdiction

This Agreement shall be interpreted, construed and governed by French laws. Venue for all disputes arising under this Agreement shall lie exclusively in the competent courts of the jurisdiction of the Company, and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Company shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Company, such action is necessary or desirable.

Last updated November 18, 2018.

Previous updates: May 24, 2018; October 24, 2017; September 25, 2017; April 29, 2017; March 29, 2017; February 21, 2017; August 1, 2016.