1. Acceptance
These Customer Terms of Service (hereafter “Customer Terms”) describe your rights and responsibilities when using the LS-Plume Software. Please read them carefully.
By indicating your acceptance of these Customer Terms and selecting the “I AGREE” button as it appears on the LS-Plume Platform or by using the Software (as hereunder defined), you are representing the following:
- You are over the age of 18;
- You have read and understood these Customer Terms;
- You consent to be legally bound by these Customer Terms;
- If you purchase a subscription on behalf of a Customer (as defined below), you have the necessary authority to enter into a contract on behalf of such Customer.
If you do not agree with any of the terms and conditions hereafter outlined, please select the “I DO NOT AGREE” button as it appears on the LS-Plume Platform and do not use the LS-Plume Software.
2. Definitions
The following words used in the present Customer Terms shall have the following meaning:
(1) “Provider”: LASER ENGINEERING APPLICATIONS S.A., a limited liability company incorporated under the laws of Belgium, having its registered office at Rue des Chasseurs Ardennais, 10, 4031, Liège, Belgium, registered with the Crossroads Bank for Enterprises under number 0465.268.616;
(2) “Customer”: any physical or legal person who has validly entered into a subscription to use the LS-Plume Software ;
(3) “User”: Any physical person duly authorized by the Customer to use the LS-Plume Software under its responsibility;
(4) “Software”: The software solution which the Provider has developed under the commercial name “LS-Plume” and to which it is granting access under these Customer Terms ;
(5) “Usage Data”: Information generated from the Cutomer’s use of the Software;
(6) “Personal Data”: Information provided by a User to the Provider in the context of the use of the Software and particularly to set up an account and/or a user’s profile on behalf of a Customer, namely: the name, first name, user name, login, email, Customer data (name, address, enterprise number, VAT number), password, IP address and security related data;
(7) “Intellectual Property Rights”: All intellectual property rights including but not limited to copyright, the rights on databases as protected by the national legislations implementing Directive 96/9/EC of 11 March 1996, the rights on computer programs as protected by the national legislations implementing Directive 2009/24/EC of 25 June 2009, patents and trade secrets.
(8) “Trial Version”: The version of the Software which is provided to the Customer during 7 days for testing purposes on a royalty free;
(9) “Area process”: Process which simulates the ablation profile of a scanned line or area resulting from the overlapping of different parallel lines separated by a user-defined pitch.
(10) “Percussion process”: Process which simulates the ablation profile of a cavity produced by laser percussion.
(11) “Precess process”: Process which simulates the ablation profile of a cavity produced using the precession technique.
(12) “Standard material Kit:” kit including the following materials:
o Titanium
o Tungsten Carbide
o Copper
o SS316
o SS316L
(13) “Advanced Kit”: kit including all materials comprised in the “Standard material Kit” in addition with the following ones:
o TiCrSn
o Fe80Mn20
o Monel
o Stainless Steel
o Ti Beta
(14) “Dedicated material Kit”: kit including one or more material(s) not covered by the Standard material Kit and Advanced Kit, that can be implemented upon request of a Customer on terms and conditions to be agreed upon.
3. General provisions
The present Customer Terms govern the use of the Software by the Customer, and all of its Users (namely the Users using the Software under the subscription entered into by the Customer).
The Customer must comply with these Customer Terms and ensure that its Users will do so as well, so that they can only access and use the Software in accordance with the present Customer Terms and all applicable laws, rules and regulations. The Customer shall be fully liable for all breaches thereof by its Users.
The present Customer Terms (including any addendum or amendment) constitute the entire and exclusive agreement between the Customer (and all Users using the Software under the subscription entered into by such Customer) and the Provider with respect to the use of the Software, and supersede all prior oral or written understandings, communications, or agreements not specifically incorporated herein.
The Provider is entitled to unilaterally revise the content of the present Customer Terms. In such case, the revised Customer Terms will be published on the LS-Plume web platform for acceptance prior to any further use of the Software. Such use shall only be possible after acceptance of the revised Customer Terms. The applicable and most current version of the Customer Terms as well as the versions previously accepted by the Customer are available on the Customer’s profile at
https://www.ls-plume.com/profile.
4. Account and Privacy
The Customer is responsible for all activities that take place on or through its account.
The Customer shall: (a) only provide information that is accurate on the Customer profile(s), (b) notify the Provider immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (c) report to the Provider immediately and use reasonable efforts to stop any unauthorized use of the Software that is known or suspected by the Customer, and (d) not provide false identity information to gain access to or use the Software.
By providing the Provider with its Personal Data, the User who has entered into the subscription on behalf of the Customer acknowledges that the Provider processes such Personal Data based on its legitimate interest (freedom to conduct a business and freedom of expression and information).
The purposes of the collection, recording and use of such Personal Data and of Usage Data is to ensure a peaceful use of the Software by the Customer and its Users, to maintain and improve the Software, and to communicate with the Customer about the use of the Software and the other Provider’s similar products (“the Purposes”).
The Provider may process the Personal Data and Usage Data with its employees, agents or authorized contractors.
The Provider may transfer Personal Data and Usage Data to an authorized contractor located in the European Union (“EU”) in order to track bugs and improve LS-Plume. Such authorized contractor may transfer in turn Personal Data and Usage Data to its own authorized contractor, Functional Software, Inc., (« FSI ») a company located in the U.S. that stores data outside of the EU. FSI has been approved by the Provider. FSI certifies its compliance with the
EU-US Privacy Shield. As a result, this transfer of Personal Data and Usage Data outside of the EU may be assimilated to a transfer within the EU, in accordance with the General Data Protection Regulation and the adequacy decision taken by the European Commission on 12 July 2016.
The Personal Data and Usage Data will be stored on servers as long as necessary to achieve the Purposes. At any time and under the conditions laid down in the General Data Protection Regulation, the User who has entered into the subscription on behalf of the Customer has the right to access to the Personal Data and Usage Data processed by the Provider, to request rectification of inaccurate data or the erasure of data, or to object to the processing by contacting the Provider at dataprotection@lasea.com. The Provider will promptly address the request. Such User also has the right to lodge a complaint with the data protection authority (
https://www.dataprotectionauthority.be/).
Furthermore, the Provider uses cookies to improve the User’s experience. A cookie is a small text file placed on the User’s device when it is using the Software.
[By clicking on the button “I agree”], the Customer and all its Users consent to the use of third-party cookies (“Google Analytics Cookies”) and acknowledge the use of the functional cookies developed by the Provider (“LS-Plume Cookies”) based on its legitimate interest (freedom to conduct a business).
However, the Customer is free to disable third-party cookies at any time by changing the settings as described below. If the Customer disables third-party cookies, the Provider will not guarantee a smooth use of the Software without any technical problems.
The Provider uses cookies (LS-Plume Cookies and Google Analytics Cookies) in accordance with applicable laws. Here are listed the cookies that may be installed on the Users’ devices during the use of the Software:
- Optional Cookies that may be used:
| Name | Creator | Expiration | Description
| _gat | Google Analytics | 1 minute | Used to throttle request rate
| _ga | Google Analytics | 2 years | Registers a unique ID that is used to generate statistical data on how the visitor uses the website.
| _gid | Google Analytics | 24 hours | Registers a unique ID that is used to generate statistical data on how the visitor uses the website
- Functional cookies used for authentication and security:
|
Name |
Creator |
Expiration |
Description | csrftoken | Django Web Framework | 1 year | Identifies User’s session when authenticated
| sessionid | Django Web Framework | At the end of the session | Helps preventing
Cross-site request forgery
The Provider also uses local Web storage to store user settings and the result of computations on the User's device. Information stored in the local Web storage is never transmitted outside of the User's device. The result of computations is furthermore encrypted in order to protect its confidentiality.
The following records may be created in the local Web storage:
- accept-google-analytics: Stores user’s preference to accept or refuse tracking with Google Analytics
- preserve_axes_ratio: Stores User’s preference for the axis ratio in graphs
- plume-previous-graphs-[X]: Stores the history of User’s simulations.
5. License of Use and Intellectual Property Rights
The Customer and its Users recognize that the Provider owns all right, title and interest in and to the Software, the documentation and other deliverables provided under the present Customer Terms, including all modifications, improvements, upgrades, derivative works and feedback related thereto and Intellectual Property Rights (including but not limited to any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights) therein. The Customer and its Users agree to assign all right, title and interest they may have in the foregoing to the Provider.
The Provider grants the Customer and its Users a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, temporally restricted right to access and use the Software at the Customer’s office address in accordance with the documentation made available by the Provider, if any, and subject to the present Customer Terms. The Customer acknowledges that this Agreement is a services agreement and that the Provider will not be delivering copies of the Software to the User as part of the services.
Such right is granted for the whole duration of Customer’s LS-PLUME subscription. Nothing in the present Customer Terms provides the Customer and its Users with:
- any other rights or licenses related to the Intellectual Property Rights in the Software,
- any right to use the Provider’s trademarks, logo, business names or any other distinctive signs for any purpose.
6. Conditions of use of the Software
It is forbidden to use the Software in any way which infringes rights of thirds parties, to act contrary to the Provider’s interest or to use the Software in an unreasonable manner (for instance by submitting a high number of requests to the Software, or by using artificial intelligence to analyse the Usage Data).
The Customer and its Users shall not and shall not permit anyone to:
- reverse engineer, disassemble, reassemble, change, alter, modify, decompile, create derivative works, enhancements, extensions, adds-on to, or attempt to extract the source code of the Software, except and only to the extent such activity is expressly permitted by applicable law;
- reproduce, copy, distribute, sell, lease, rent, publish or otherwise communicate the Software or any portion thereof;
- collect and use the Usage Data or the Software for the purposes of developing a software similar to the Software.
The Customer and its Users acknowledge and agree that if any of the foregoing restrictions is breached, they shall be deemed to have had access to the Provider’s trade secrets and highly valuable confidential information.
The Customer shall take all necessary actions to ensure that no virus is inserted into the Software.
The Provider may use, collect, store, disclose, share, redistribute, publish and more generally make any kind of use of the Usage Data.
7. Feedback
The Provider shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Software and the services any suggestions, enhancement requests, recommendation or other feedback provided by the Customer and/or the Users relating to the operation of the Software.
8. Confidentiality
The Customer and its Users shall keep confidential and shall, in no event, disclose to or discuss with any third party :
- The Software or any portion thereof;
- The Customer’s and Users’ feedback related to the Software;
- The Usage Data;
- Any and all verbal or written communications from the Provider’s employees, agents, contractors or other representatives regarding the Software;
- The Provider’s development or marketing plans;
- More generally, any information of any kind that the User learnt during its use of the Software, and which by its nature must be considered as confidential.
This confidentiality requirement shall continue to apply after the end of the use of the Software until all of the above has become publicly known (other than by a breach of confidentiality by the User).
The Customer shall implement reasonable security measures to protect such confidential information and shall use its best efforts to maintain the security of the Software.
The Customer and each User shall use its best efforts to cooperate with and assist the Provider in identifying and preventing any unauthorized use, copying, or disclosure of the Software, if any, or any portion thereof.
9. Fees and Payment
The use of the Software is submitted to the LS-PLUME subscription fees as described below.
The first 7 days of use of the Software are provided free of charge under the Trial Version.
The Customer must choose, for the use of the Software, between the Standard material Kit or the Advanced Kit.
The pricing conditions for the LS-PLUME subscription to the use of the Software are as following:
a- Pricing including Area and Percussion processes:
| Material Kit Designation| Quarterly fees | 12 months fees | 24 months fees |
| Standard material Kit | 700,00 € | 2.520,00 € | 4.480,00 € |
| Advanced Kit (incl. Standard Kit) | 1.000,00 € | 3.600,00 € | 6.400,00 € |
b- Pricing including Area, Percussion and Precess processes:
| Material Kit Designation | Quarterly fees | 12 months fees | 24 months fees |
| Standard material Kit | 1.050,00 € | 3.780,00 € | 6.720,00 € |
| Advanced Kit (incl. Standard kit) | 1.350,00 € | 4.860,00 € | 8.640,00 € |
It is possible to purchase a dedicated material Kit upon request.
The fees as described above must be paid by the Customer upon subscription at once for a quarter of a year, for a 12 months’ period or for 24 months’ period.
Once the payment of the subscription fees has been received by the Provider, the Users shall have access to the Software.
The Provider shall send an invoice to the Customer for the renewed period, which must be paid within a period of 30 calendar days.
The Provider reserves the right to suspend the access to the Software if the Customer fails to timely pay any undisputed amounts due to the Provider, but only after the Provider notifies the Customer of such failure and such failure continues for fifteen (15) days. Suspension of the access to the Software shall not release the Customer of its payment obligations towards the Provider.
10. Disclaimer and limitation of liability
The Provider represents and warrants that the Software will perform substantially in accordance with the documentation.
The Customer and its Users acknowledge that the Provider has done its best efforts to develop the Software at its best quality.
To the fullest extent permissible by law, the Provider cannot warrant that:
- The Software is fully functional or uninterruptedly accessible;
- The Software will not contain errors, design flaws or other problems;
- The Software will be reliable during the time the User will be participating in the Beta Program; using it;
- The Usage Data will be accurate, complete or useful;
- All possible defects of the Software will be corrected;
- A response time will be complied with;
- The Software is free from any harmful components, including, without limitation, viruses;
- The Software will not cause unexpected results, loss of data, electronic failures or other unpredictable damage.
The Customer and its Users acknowledge that the use of the Software is at their sole risk, especially as to the quality and performance of the Software and the application of its results.
The Customer and their Users acknowledge that the Provider does not control the transfer of data over communications facilities, including the internet, and that the use of the Software may be subject to limitations, delays, and other problems inherent in the use of such communication facilities.
To the maximum extent permitted by the applicable law, any and all liability of the Provider under the present Customer Terms is expressively limited to the amount of the subscription fee of the Customer. The Customer’s sole remedy against the Provider in any dispute under the present Customer Terms shall be to seek to recover this amount, upon payment of which the Provider shall be released and discharged of all further obligations and liability to the Customer.
In no event will the Provider be liable for any special, incidental, indirect, punitive, or consequential damages (including but not limited to lost profits or revenues, lost savings, any loss of, inaccuracy, or damage to, data records, and for claims of third parties arising out or in any way related to the use or inability to use the Software, or otherwise in connection with any provision of these Customer Terms), regardless of the nature of the claim, including but not limited to breach of warranty or contract, and tort.
This section sets forth the sole and exclusive warranty given by the Provider (express or implied) with respect to the subject matter of the present Customer Terms.
11. Additional software
The present Customer Terms apply to any future release, update, supplement or other addition to functionality of the original Software provided by the Provider unless the Provider provides other terms along with the update or supplement.
12. Termination
The Customer’s right to use the Software in accordance with present Customer Terms is effective as from the Customer’s LS Plume subscription and will continue to apply until terminated by either party as outlined in this section.
Nevertheless, the Provider may decide, at any time, to terminate the Customer’s subscription upon written notice to the Customer.
In such case, the Customer will be refunded with the remaining subscription fees for the rest of the period within a delay of thirty days following the written notice.
Both the Provider and Customer may terminate this Agreement immediately upon a material breach by the other party that has not been cured within thirty (30) days after receipt of notice of such breach.
The Provider may also terminate the Customer’s right to use the Software and/or the Customer’s account/profile(s) at any time and without prior notice in case of non-curable breach committed by the Customer including, but not limited to, if any User using the Software under the Customer’s subscription has infringed the confidentiality obligations.
In the event of a termination for breach by the Customer, the Provider shall not be entitled to any reimbursement to the Customer. Such termination may also result in the Customer’s removal from the Provider other programs.
Upon termination on any ground whatsoever, the Customer and its Users shall destroy all copies of the Software together with all modifications and documentation.
13. Miscellaneous
The failure of the Provider to enforce any right or provision of the present Customer Terms will not be deemed a waiver of such right or provision.
In the event that any provision of the Customer Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Terms will remain in full force and effect.
For inquiries or questions regarding the present Customer Terms, please contact
contact@ls-plume.com.
14. Contract language
These Term of Use are drafted in the English language. Any translation of this Agreement into another language shall serve information purposes only. The English version shall govern and control in all cases, in particular for purposes of contractual interpretation.
15. Governing law and Jurisdiction
The present Customer Terms and any action related thereto will be governed by the laws of Belgium without regard to or application of its conflict of law provisions.
All claims, legal proceedings or litigation arising in connection with the present Customer Terms will be submitted to the exclusive jurisdiction of the Courts of Liège, Belgium.