AUDIRVANA, concerned about the rights of individuals, particularly with regard to automated processing and in a desire for transparency with its customers, has set up a policy covering all such processing, the purposes pursued by the latter and the means of action available to individuals so that they can best exercise their rights.
For any further information on the protection of personal data, we invite you to consult the site: https://www.cnil.fr/.
Continued browsing of this site constitutes acceptance without reservation of the following terms and conditions of use.
The version currently online of these terms and conditions of use is the only one enforceable during the entire period of use of the site and until a new version replaces it.
Article 1 – Legal notice
1.1 Site (hereinafter “the Site”) :
1.2 Publisher (hereinafter “the Publisher”) :
AUDIRVANA SCS with a capital of 10 000 €.
whose registered office is located at: 15 rue Spontini 75116 FRANCE
represented by Mr. Damien Plisson, in his capacity as director and legal representative
registered with the RCS of RCS PARIS 534 628 953
e-mail address: [email protected]
1.3 Hosting Provider (hereinafter referred to as “the Hosting Provider”) :
audirvana.com is hosted by OVH SAS, whose registered office is located at 2 rue Kellermann 59100 Roubaix.
1.4 Data Protection Officer (DPO) :
A data protection officer : Damien Plisson, [email protected], is at your disposal for any question relating to the protection of your personal data.
Article 2 – Access to the site
Access to and use of the site is reserved for strictly personal use. You undertake not to use this site and the information or data contained therein for commercial, political or advertising purposes and for any form of commercial solicitation, including the sending of unsolicited e-mails.
Article 3 – Site content
All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that could be used to operate this site and more generally all elements reproduced or used on the site are protected by the laws in force under intellectual property.
They are the full and entire property of the publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The publisher’s failure to take legal action as soon as it becomes aware of such unauthorized use does not constitute acceptance of such use and waiver of prosecution.
Article 4 – Site management
For the good management of the site, the editor can at any time :
– suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet users;
– delete any information that may disrupt the operation of the site or that contravenes national or international laws;
– suspend the site in order to carry out updates.
Article 5 – Responsibilities
The responsibility of the editor cannot be engaged in case of failure, breakdown, difficulty or interruption of operation, preventing access to the site or to one of its functionalities.
The equipment used to connect to the site is under your entire responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from virus attacks via the Internet. Moreover, you are solely responsible for the sites and data that you consult.
The publisher cannot be held responsible in the event of legal proceedings against you:
– because of the use of the site or any service accessible via the Internet;
– because of your failure to comply with these general terms and conditions.
The publisher is not responsible for any damage caused to you, third parties and/or your equipment as a result of your connection or use of the site and you waive any action against him/her as a result.
If the publisher should be subject to amicable or legal proceedings due to your use of the site, it may turn against you to obtain compensation for all damages, sums, sentences and costs that may result from such proceedings.
Article 6 – Hypertext links
The setting up by users of any hypertext links to all or part of the site is authorized by the publisher. Any link must be removed on simple request of the editor.
Any information accessible via a link to other sites is not published by the publisher. The publisher has no right on the present content accessible via the said link.
Article 7 – Data collection and protection
Your data may be collected by the company AUDIRVANA.
Personal data means any information concerning an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number or one or more specific elements specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
The personal information that may be collected on the site is mainly used by the publisher to manage relations with you, and if necessary to process your orders.
The personal data collected may be as follows:
– Name and surname
– E-mail address
A data protection officer : Damien Plisson, [email protected], is at your disposal for any question relating to the protection of your personal data.
Article 8 – Right of access, rectification and dereferencing of your data
In application of the rules applicable to personal data, users have the following rights :
the right of access: they can exercise their right of access, to know their personal data, by writing to the e-mail address mentioned below. In this case, before implementing this right, AUDIRVANA may request proof of the user’s identity in order to verify its accuracy;
the right of rectification: if the personal data held by AUDIRVANA is inaccurate, they may request that the information be updated;
the right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws;
the right to limit processing: users may ask AUDIRVANA to limit the processing of personal data in accordance with the hypotheses provided for in the RGPD ;
the right to object to data processing: users may object to their data being processed in accordance with the hypotheses provided for in the RGPD ;
the right to portability: they may request that AUDIRVANA hand over the personal data they have provided to a new company.
You may exercise this right by contacting us at the following address:
15 rue Spontini, 75116 FRANCE
Or by sending an email to our data protection officer: Damien Plisson, [email protected], who is at your disposal for any question relating to the protection of your personal data.
All requests must be accompanied by a photocopy of a valid, signed identity document and mention the address at which the publisher can contact the applicant. A reply will be sent within one month of receipt of the application. This one-month period may be extended by two months if the complexity of the application and/or the number of applications so requires.
In addition, and since the law n°2016-1321 of October 7, 2016, people who wish to do so, have the possibility to organize the fate of their data after their death. For more information on the subject, you can consult the CNIL website: https://www.cnil.fr/.
Users can also file a complaint with the CNIL on the CNIL website: https://www.cnil.fr.
Being at your entire disposal to solve any problem of personal data, we suggest you to contact us first before filing a possible complaint with the CNIL.
Article 9 – Use of data
The personal data collected from users is used to provide the site’s services, to improve them and to maintain a secure environment. The legal basis of the processing is the execution of the contract between the user and the company AUDIRVANA. More specifically, the uses are as follows:
– access and use of the site by the user;
– management of the operation and optimisation of the site;
– implementation of user assistance;
– verification, identification and authentication of data transmitted by the user;
– prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;
– management of possible disputes with users;
– sending commercial and advertising information, according to the user’s preferences ;
Article 10 – Data retention policy
AUDIRVANA keeps your data for as long as is necessary to provide you with its services or assistance.
To the extent reasonably necessary or required to meet legal or regulatory obligations, settle disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also retain some of your information if necessary, even after you have closed your account or we no longer need it to provide you with our services.
Article 11- Sharing personal data with third parties
Personal data may be shared with third party companies exclusively within the European Union in the following cases:
– when the user publishes publicly available information in the free comment areas of the site;
– when the user authorizes the website of a third party to access his data;
– when AUDIRVANA uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data, within the framework of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, AUDIRVANA may carry out the transmission of data in order to follow up claims made against it and to comply with administrative and legal procedures.
Article 12 – Commercial offers
You may receive commercial offers from the publisher. If you do not wish to do so, please send an email to: [email protected]
If, when consulting the site, you access personal data, you must refrain from any collection, any unauthorised use and any act that may constitute an infringement of privacy or reputation. The publisher declines all responsibility in this respect.
The data is kept and used for a period of time in accordance with the legislation in force.
Article 13 – Cookies
What is a “cookie”?
A “cookie” or tracer is an electronic file deposited on a device (computer, tablet, smartphone, etc.) and read, for example, when consulting a website, reading an e-mail, installing or using a software or mobile application, regardless of the type of device used (source: https://www.cnil.fr/fr/cookies-traceurs-que-dit-la-loi).
When browsing this site, “cookies” from the company responsible for the site concerned and/or third party companies may be placed on your device.
All information collected will only be used to track the volume, type and configuration of traffic using this site, to develop the design and layout and for other administrative and planning purposes and more generally to improve the service we offer you.
The following cookies are present on this site:
– Google Analytics : allows to measure the audience of the site ;
– Google Tag Manager: facilitates the implementation of tags on pages and allows to manage Google tags;
– Google Adsense : Google’s advertising agency using websites or YouTube videos as a support for its ads;
– Google Dynamic Remarketing: allows you to offer dynamic advertising based on previous searches;
– Google Adwords Conversion: a tool for tracking adwords advertising campaigns;
The lifetime of these cookies is thirteen months.
For more information on the use, management and deletion of “cookies”, for any type of browser, we invite you to consult the following link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.
Article 14 – Photographs and representation of products
The photographs of products, accompanying their description, are not contractual and do not commit the publisher.
Article 15 – Applicable law
The present conditions of use of the site are governed by French law and subject to the jurisdiction of the courts of the publisher’s registered office, subject to a specific allocation of jurisdiction arising from a particular law or regulation.
Article 16 – Contact us
For any question, information on the products presented on the site, or concerning the site itself, you can leave a message at the following address: [email protected]
This copy of Audirvana (“THE SOFTWARE PRODUCT”) and accompanying documentation is licensed and not sold. THE SOFTWARE PRODUCT is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Audirvana Société en Commandite
Simple à Capital Variable, registered at PARIS RCS N° 534 628 953, head office in FRANCE, 15 rue Spontini, PARIS, FRANCE or its subsidiaries, affiliates, and suppliers (collectively “AUDIRVANA”) own intellectual property rights in THE SOFTWARE PRODUCT. The Licensee’s (“you” or “your”) license to download, use, copy, or change THE SOFTWARE PRODUCT is subject to the rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE , OR COPY THE SOFTWARE PRODUCT.
The purpose of this Agreement is to define the rights, terms, and conditions under which AUDIRVANA grants the nonexclusive usage and copying rights for THE SOFTWARE PRODUCT.
3.1. The trial version of THE SOFTWARE PRODUCT embeds code meant to limit its usage period to 30 days. You may not attempt in any manner to alter this time limitation code and you may not convert the trial version to the full version by any other way than using the allowed conversion system embedded in THE SOFTWARE PRODUCT, after having purchased a full license.
3.2. You may convert the trial version into a full version using the online conversion system embedded into THE SOFTWARE PRODUCT.
After having purchased a full license, the conversion mechanism will enable you to use a full version of THE SOFTWARE PRODUCT along with the assignment of license number including an identifier and a serial number (license key).
3.3. License Grant
This Agreement entitles you to install and use one copy of THE SOFTWARE PRODUCT. In addition, you may make one archival copy of THE SOFTWARE PRODUCT. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of THE SOFTWARE PRODUCT. This Agreement does not permit the simultaneous use of more than one copy of THE SOFTWARE PRODUCT, or the installation of THE SOFTWARE PRODUCT on more than two computers that belongs to you at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of THE SOFTWARE PRODUCT, with the exception of the installation on a second computer owned by you, and using the same operating system as the first one, for your exclusive use with the express condition that this second copy is not used simultaneously with the main one.
3.4. Unless you and AUDIRVANA have entered into a specific amendment of the agreement, you may not use, copy, or install THE SOFTWARE PRODUCT on any system with more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install THE SOFTWARE PRODUCT on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
3.5. The rights relative to the documentation which accompanies the software are granted by license to the you only, for the purposes of assisting you in using the software, to the exclusion of all other uses, for commercial or non-profit purposes.
3.6. Subject to the terms and conditions of this Agreement, AUDIRVANA grants you a license that is only non-exclusive, and non-transferable by any means, directly or indirectly.
3.7. You can benefit from support online through a support forum, available at the address www.audirvana.com/forums, provided you have prior read the Frequently Asked Questions (“FAQ“) on the FAQ page on the site www.audirvana.com.
3.8. You declare and acknowledge (a) having read the software technical specifications and functionalities on the pages available on AUDIRVANA website under the “Products” heading, which can be accessed at the address http://www.audirvana.com; and (b) that you have compatible hardware and a compatible operating system and sufficient competence to ensure a use of THE SOFTWARE PRODUCT that meets the software requirements.
4.1. You may not copy any part of THE SOFTWARE PRODUCT except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium, except for an archival copy which must be stored on a medium other than a computer hard drive.
4.2. You may not modify THE SOFTWARE PRODUCT or create any derivative work of THE SOFTWARE PRODUCT or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of THE SOFTWARE PRODUCT.
4.3. You may not use any graphical or sound parts of THE SOFTWARE PRODUCT outside of THE SOFTWARE PRODUCT.
4.4. You may not adapt or extend THE SOFTWARE PRODUCT covered by this agreement, nor any element thereof, to develop any products which might compete therewith.
4.5. You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.
For residents in the European Union, this restriction is limited to the case of using these source code derivation methods to create a software similar to THE SOFTWARE PRODUCT.
4.6. Without first obtaining the express written consent of AUDIRVANA, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to THE SOFTWARE PRODUCT.
5.1. UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY AUDIRVANA, AUDIRVANA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
5.2. AUDIRVANA makes no warranty that THE SOFTWARE PRODUCT will meet your requirements or operate under your specific conditions of use. AUDIRVANA makes no warranty that operation of THE SOFTWARE PRODUCT will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. AUDIRVANA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
5.3. UNDER NO CIRCUMSTANCES SHALL AUDIRVANA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF AUDIRVANA OR ANY OTHER PARTY, EVEN IF AUDIRVANA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS AUDIRVANA’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
5.4. Limitation of Remedies and Damages
Your remedy for a breach of this Agreement is the correction or replacement of THE SOFTWARE PRODUCT. Selection of whether to correct or replace shall be solely at the discretion of AUDIRVANA. AUDIRVANA reserves the right to substitute a functionally equivalent copy of THE SOFTWARE PRODUCT as a replacement. If AUDIRVANA is unable to provide a replacement or substitute THE SOFTWARE PRODUCT or corrections to THE SOFTWARE PRODUCT, your sole alternate remedy shall be a refund of the purchase price for THE SOFTWARE PRODUCT exclusive of any costs for shipping and handling. You agree to indemnify and hold AUDIRVANA harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Your rights under this License will also terminate automatically without notice from AUDIRVANA if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of THE SOFTWARE PRODUCT and destroy all copies, full or partial, of it. Sections 4, 5, 11 and 12 of this License shall survive any such termination. Termination for breach of this agreement is not subject to any compensation.
The term of this License shall commence upon the downloading, installation or use of THE SOFTWARE PRODUCT. The license for the full (unrestricted) version takes effect on the date this version is installed, after payment of the standard fee. The validity period of the license is set as the legal protection period for the software.
8.1. THE SOFTWARE PRODUCT is protected by the international laws and treaties as regards copyright and intellectual property rights. All titles and copyrights relating to THE SOFTWARE PRODUCT (including, but not limited to, those related to any image, photograph, animation, any video or sound element, any text, clipart, form, and “applet” integrated into the software) are held by AUDIRVANA or its suppliers.
AUDIRVANA and its suppliers reserve all rights not specifically granted by this agreement, including the rights stemming from national and international treaties on intellectual property.
8.2. Title to THE SOFTWARE PRODUCT and all copies thereof remain with AUDIRVANA and/or or its suppliers. You will not remove copyright notices from the Software. You agree to prevent any unauthorized copying of the Software. Except as expressly provided herein, AUDIRVANA does not grant any express or implied right to you under AUDIRVANA patents, copyrights, trademarks, or trade secret information.
The transfer of a nonexclusive right of individual use of the software under the terms of this agreement cannot be interpreted as meaning the assignment or transfer of any intellectual property right to you, per the definition of intellectual property in French law.
8.3. AUDIRVANA reserves the right to modify the software to correct any possible programming errors or, if need be, to allow it to be used according to its purpose.
8.4. prohibition of sublicensing
You may not grant, in whole or in part, the rights and responsibilities resulting from this agreement through use of a sublicense.
8.5. – prohibition of reproduction and adaptation
By accepting this agreement, you agree not to reproduce any element of the software, by any means whatsoever, in any form whatsoever, on any medium whatsoever.
9.1. – AUDIRVANA and you may, for the purposes of this agreement, communicate with one another using email, including via the Internet, during and after this agreement’s taking effect.
The parties must make use of security procedures and technical measures to ensure the integrity and transferability of systems, as well as the integrity, transferability, and confidentiality of the transmitted data, particularly those transmitted by Internet.
9.2. – Agreement on evidence
The parties agree that an identification code validly identifies you, establishes the authenticity of the electronic document or the message sent by you, and that an electronic document containing your identification code is equivalent to a written document signed by you; the parties agree that a printed hard copy of a Web page emanating from use of navigation software, of an email emanating from use of electronic messaging software serves as proof of the contents of the exchanges relating to the execution of this agreement, subject to the rules of public order law concerning proof of acts with non-merchants.
10.1. This Agreement constitutes the complete and exclusive agreement between you and AUDIRVANA with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
10.2. – You and AUDIRVANA have agreed that failure to avail themselves in whole or in part, or the waiver by either party of all or part of the stipulated obligations, with whatever frequency and for whatever time period, shall not constitute changes to this agreement, nor the granting of any right of any kind.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
This Agreement, and all disputes arising out of or related thereto, shall be governed by and construed under the laws of France without reference to conflict of laws principles. All such disputes shall be subject to the exclusive jurisdiction of the courts located in France, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
Any translation of this License is done mere convenience and is not binding. In the event of a dispute between the French and any non-French versions; the French version of this License shall govern.