Terms of Service
Last Updated: October 31, 2019 A/ Introduction
Below is a legal agreement between you and AERO PRODUCTIONS, a French company incorporated in France under company # 447 739 426 RSC Versailles, having its registered office at 1 Avenue Jean-Baptiste Charcot 78380 Bougival – France (“AERO PRODUCTIONS”, “us”, “we”, or “our”) which sets out the terms and conditions ( “Terms” ) for your use of our App EōN , available for iOS, including data, associated media and services made available through the application (“App”).
By downloading and/or using the App you agree to these Terms, which will be legally binding to you. If you do not agree to the Terms, you must not download and/or stop using the App.
We license use of the App to you on the basis of these Terms and subject to the rules or policies applied by Apple App Store (“App Store”) from where you may download the App (“App Store Terms) . You must also comply with such App Store Terms (as applicable from time to time) and in case of any conflict between these terms and conditions, the App Store Terms shall take precedence. We remain the owners of the App and all rights in it at all times.
If you have any comments, questions or complaints relating to the App, please send an email to email@example.com
B/ Music generated by EōN
- Music: The EōN App allows you to listen to endless music and visuals generated by an algorithm orchestrating the music composed, performed and recorded by Jean-Michel Jarre in his studio. Each time you launch the app or click on the “reset” button, you will always get a new and unique generation of endless music and visuals that are the result of Jean-Michel Jarre’s envision and art direction.
All rights to export and/or distribute the Music resulting from the App is the intellectual property of Jean-Michel Jarre and any unauthorized release, public performance, audio recording of the Music shall constitute infringement of Jean-Michel Jarre’s intellectual property.
“Share Your EōN ” The EōN App also allows you to record and then share a short extract of audio and video generated by EōN which you can freely share on the social networks and the world wideweb, but to use this functionality, you should always make sure that Jean-Michel Jarre is fully credited : All rights on Music from share your EōN are reserved to Jean-Michel Jarre.
- All Rights Reserved :
You acknowledge that all intellectual property rights in the App anywhere in the world belongs to and is reserved to as follows:
All Music copyright and publishing are reserved to Jean-Michel Jarre
All digital graphics are by Alexis André for Sony Computer Science Laboratories, Inc. (Sony CSL)
All Music algorithms and audio engine are powered by BLEASS
The Appli is owned by AERO PRODUCTIONS to which all rights to the App are reserved.
C/ Licenses Granted to You
In case where you wish making a non personal use of the Appli, inter alia, any public performance, recording and release of any Music in total or part or sample, you can send a request for license on the Music to firstname.lastname@example.org but no such use shall be made without a prior written agreement with AERO PRODUCTIONS and Jean-Michel Jarre and subject to payment of rights.
- Our Rights and Third Party Rights:
You acknowledge that rights in the App are licensed (not sold) to you, and that you have no rights in or to the App other than the right to use it in accordance with the Terms.
- You acknowledge that you have no right to have access to the App in source-code form.
E/ License Restrictions
- Except as expressly set out in these Terms or as permitted by applicable law, you agree to comply with the following obligations and restrictions (jointly referred to as “License Restrictions”):
- not to copy the App except where such copying is incidental to normal use of the App;
- not to use trademarks or other proprietary markings of us without our written approval;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- not to make alterations to, or modifications of, the whole or any part of the App;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing
- not to provide or otherwise make available the App (including object and source code thereto) or information about the same not obtainable through normal use thereof, in whole or in part, in any form to any person without prior written consent from us; and
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by the
F/ Acceptable Use Restrictions
You agree in particular to refrain from doing any of the following (“Acceptable Use Restrictions”):
- use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the
G/ No Warranties
- Non-specific purpose: You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the capabilities and functions of the App meet your
- Availability: The App is provided to you on an “as is” and “as available” We do not guarantee that your use of the App, or any content on it, will be uninterrupted or error-free. You further acknowledge that neither we nor Apple Inc. has any obligation whatsoever to furnish any maintenance and support service with respect to the App.
- Excluded warranties: To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App, whether express or
H/ Limitation of Liability
- The App is provided without express, implied, or statutory warranty of any kind including for quality, ownership, non-infringement, function, availability, fitness or use for a particular purpose.
2 We, our suppliers or third parties with whom we cooperate will to the fullest extent permitted under applicable law not be liable for personal injury or any losses or damages, including but not limited to any incidental, consequential, direct or indirect damages, loss of business or loss of data, arising out of or related to your use or inability to use the App. For the avoidance of doubt, under no circumstances will we be liable for losses in commercial activities.
- Exclusion of liability for events outside our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications In such circumstances, our obligations will be suspended and we will use our reasonable endeavours to find a solution to the act or event.
- Maximum liability: Our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the subscription fees (if any) paid by you via App Store for using the App during the calendar year preceding the
- Apple has no liability: Apple Inc. will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility, subject to the disclaimer of warranty and limitation of liability set out in these Terms.
- We may terminate these Terms immediately and without notice if you commit a material or persistent breach of the It is hereby recognised that inter alia a breach of any of the Licence Restrictions or the Acceptable Use Restrictions shall qualify as a material breach.
- Should we for legal reasons not be able to process personal data about you strictly necessary to provide the App (or part of it), we are entitled to terminate the Terms effective
- You may terminate these Terms immediately at any time by uninstalling the App from your device and stop using the
- Upon termination or expiry for whichever reason, all rights granted to you under these Terms shall You must immediately cease all activities authorised by these Terms, including your use of the App and delete or remove the App from all devices, and immediately destroy all copies of the App then in your possession, custody or control. Notwithstanding the termination or expiry of these Terms, you shall comply with the intellectual property on the Appli as acknowledged in these Terms and commit yourself to not infringe them.
J/ Other Important Terms
- Transferring rights and obligations: We may transfer our rights and obligations under the Terms to another organisation, but this will not affect your rights or our obligations under the You shall not transfer your rights or obligations under the Terms to another person.
- No Waiver: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Apple , a third party beneficiary: You hereby acknowledge that the Terms are concluded between us and you only. Apple Inc. is not a party to the Terms. We, not Apple Inc., are solely responsible for the App and the contents thereof. Apple Inc. may however be a third party beneficiary to the Terms and, upon your acceptance of these Terms, Apple Inc. will have the right to enforce the Terms against you as a third party beneficiary thereof.
- Questions, complaints or claims: Any questions, complaints or claims with respect to the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, shall be directed to us at email@example.com and not Apple We, not Apple Inc. will be solely responsible for the investigation, defence, settlement and discharge of any claims of intellectual property infringement in relation to the App.
- Permissions: You will be assumed to have obtained permission from the owners of the devices that are controlled, but not owned, by you to use and/or download a copy of the App. Regardless of which device you are using, you are liable for all subscriptions, services and charges from your mobile phone operator that are necessary to use the App, including any charges for data traffic and roaming You accept responsibility in accordance with these Terms for your use of the App on any device, whether or not it is owned by you.
- Compliance with Law: You represent and warrant that you will not use the App in a manner that violates applicable law or that infringes any third parties’ rights, including intellectual property
- Your Equipment: It is your responsibility to procure, hold and maintain the hardware, software, email address, internet subscription, mobile phone subscription as well as any other equipment necessary to use the
- Third Party Terms: You must further comply with any applicable third party terms of agreement when using the App, including but not limited to agreements between you and Apple Inc., as amended from time to
- Variation: We may change these Terms at any If you do not agree with the new Terms you are free to reject them but unfortunately you will then no longer have the right or possibility to use the App.
Severability: Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- 11. Jurisdiction/Governing Law: Except where otherwise required by mandatory law, the Terms shall be construed and applied in accordance with laws of France, save for its choice of law principles. Any dispute arising out of or in relation to these Terms shall be finally settled by French courts.
Any question ? feel free to reach us at firstname.lastname@example.org