IRCAM Forum license agreement
PREAMBLE :
The IRCAM Forum is a platform offering its users, according to the subscription (Article 1) they choose:
- A license for Forum software (Title I)
- Additional services offered by IRCAM (Title II)
- An exchange area for users (Title III)
Article 1 - Subscription
To benefit from a license on the IRCAM Forum software, the user must take out a subscription. The software covered by the present contract is that owned by IRCAM and downloadable, directly or indirectly, from the forum.ircam.fr website. The software offer is divided into a free panel and a paying panel. Three subscription plans are available, depending on the legal status of the user and the software panel chosen.
1.1 Free individual subscription :
The free individual subscription is open to individuals for individual use of free software.
1.2 Individual Premium subscription :
The Premium Individual subscription is open to individuals for individual use of all free and paid software.
1.3 Institutional Premium subscription :
The institutional Premium subscription is open to legal entities or individuals for collective use of free and paid software. It is the subscription that enables software to be used for educational and training purposes.
The institutional Premium subscription entitles the holder to twenty (20) individual Premium subscriptions for the same subscription period, the allocation of which is defined by the institutional Premium subscription holder.
Premium individual and Premium institutional subscriptions give the user access to the services described in section II of this contract.
TITLE I: LICENSE
Article 2 - Purpose
IRCAM grants the user, who accepts it, a personal, non-assignable, non-exclusive and non-transferable right to use the software and documentation included in the subscription chosen, for the whole world and for the duration of the contract.
As an exception, if the user has access on the forum.ircam.fr platform to links to software distributed on other platforms, including GitHub.com, the license conditions relating to the latter take precedence over those of the present license agreement, which supplements them.
This license shall not be construed as a sale, and IRCAM is and remains the owner of all software covered by the present contract, with the exception of developments shared by members covered by article 8, who are and remain the owners of their developments.
The right of use is for non-commercial use only. Any commercial use must be the subject of a separate contract with IRCAM. As an exception, the user may make commercial use of the software :
- within the limits of live performances ;
- and, when the user subscribes to an Premium individual or institutional subscription, for a sound or musical production ;
- and, when the user subscribes to an Premium institutional subscription, within the framework of an educational or training activity.
The rights granted by the terms of this license apply to all software upgrades provided by IRCAM and used to replace and/or complete IRCAM software.
Article 3 - Duration and term
The license takes effect as of the user's registration on the Forum site and lasts for one (1) year.
Any breach of the terms of this contract may, after notification, lead to its early termination by IRCAM.
Unless renewed, at the end of this period, the user will no longer receive new copies of the software or upgrades to software already downloaded. The user must renew his membership to benefit again from software updates and technical support (see article 5).
In the event of termination or non-renewal, the user loses the rights acquired at the time of registration, but the provisions of articles 4, 8, 9 and 10 continue to apply.
Article 4 - Conditions of use
IRCAM software may not be rented, sold or exchanged, in whole or in part, without IRCAM's authorization.
Any copy of the software supplied by IRCAM is forbidden, except for the purpose of transferring it from one individual computer to another. In this case, only one copy of the software must remain after the operation.
IRCAM cannot be held responsible for the consequences of using its software. The user expressly acknowledges and agrees that he/she is solely responsible for the use of IRCAM software.
Any independent development of IRCAM software that would be a reproduction of all or part of IRCAM software elements, whether or not accompanied by exploitation by the user, would be liable to infringement action.
The user must leave intact all mentions of the authors and copyright of IRCAM or its members appearing in the programs or on the documentation. The user also undertakes to mention IRCAM's name in any presentation of IRCAM software or its extensions.
TITLE II: ANCILLARY SERVICES
The following ancillary services are granted to the beneficiary of a Premium subscription (section 1.2 and 1.3), and for the duration of the license.
Article 5 - Maintenance and warranty
IRCAM undertakes to provide technical support and upgrades for the software subscribed to.
Article 6 - Training
The user benefits from discounts on professional training courses organized by IRCAM's Pedagogy and Documentation Department.
Article 7 - Preferential rates on other IRCAM services
The user also benefits from :
- privileged, reduced-price access to the Ateliers du Forum (Paris and off-site) and to video broadcasts where available;
- reduced rates on a range of partner products;
- discounts on season concerts and the ManiFeste festival, as well as free access to the IRCAM multimedia library.
TITLE III: FORUM COMMUNITY
The user is invited, for the duration of the license, to join the Forum community within which he may enter into contact with other users and IRCAM. He authorizes IRCAM to make his e-mail address accessible to other members, without further dissemination beyond this framework, in accordance with the applicable General Data Protection Regulations (GDPR).
Article 8 - Sharing developments
The Forum community enables users to share the developments they have made using Forum software.
In the event of such sharing, it is understood that the user remains the owner of his developments, but grants IRCAM and the other users a right of use over them, for the whole world and for the entire legal duration of copyright, and governed by the same conditions as those of article 4 of the present contract.
The user guarantees IRCAM against any recourse or action (in particular action for counterfeiting, eviction, infringement of personality rights and image rights) that any author or beneficiary, performer or producer of pre-existing works may bring in connection with the production or exploitation of these developments.
Article 9 - Publications on the Forum
The forum.ircam.fr website allows users to write articles, articles, news, publish events, post videos, share reviews and comments in discussion groups. The user grants IRCAM the right to distribute his or her publications and the right to insert them in whole or in part on any medium, in any language, and throughout the world. It is agreed that these comments are written free of charge and that IRCAM may use them without financial consideration. IRCAM reserves the right to moderate and delete any content published by the user.
In this respect, the user guarantees to be the owner of the reproduction rights of the media used and guarantees IRCAM against any claim by a third party, particularly in terms of copyright.
TITLE IV: MISCELLANEOUS PROVISIONS
Article 10 - Confidentiality
The user undertakes not to divulge any information marked "confidential" that is distributed by IRCAM during the term of the license. Without prejudice to the application of the provisions of section 3.2, this prohibition is binding on the user for a period of five (5) years from the date of distribution of said confidential information to the user.
Article 11 - Settlement of disputes and jurisdiction
In the event of a dispute, the parties agree to seek amicable solutions before referring the matter to the competent Paris courts, French law being applicable to this contract.
Article 12 - Reference document version
The reference document for this License agreement is the French version. In the event of any difference of interpretation between this English text and the French version, the latter shall prevail.