Free License
Please read this End User License Agreement (“Agreement”) carefully before downloading or using the software Video Download Helper (“VDH” or the “Software”). This End User License Agreement (this “Agreement”) is a legal and binding contract between you, either individually or on behalf of the legal entity that accepts this Agreement (“You” or the “Licensee”) and ACLAP, a French company, société par actions simplifiée, registered under number 498 766 963 at the RCS of Béziers whose registered office is located at 4 rue de Villeneuve, 34610, Saint-Gervais-sur-Mare, France (“ACLAP”). In case You are entering into this Agreement on behalf of a legal entity, You hereby represent that You have the authority to bind such legal entity and its affiliates to this Agreement. By downloading or using the Software, You indicate your acceptance and understanding of this Agreement which becomes effective as soon as You download or use the Software (the “Effective Date”). In case You do not agree to all of the terms and conditions of this Agreement, You may not access, download, install or use the Software, and, to the extent applicable, You must cease all use of the Software and destroy all copies of the Software and Documentation in your possession.
Applicable Regulations Means, law no. 78-17 of January 6, 1978 “Loi Informatique et Libertés” as amended, and the provisions of EU Regulation no. 2016/679 of April 27, 2016 (“GDPR”).
App Stores Means the applications store available on the internet from which the Software can be downloaded.
Documentation Means the official user documentation provided by ACLAP and available on its Website regarding the use or updates of the Software.
License Means the Free License as further defined under Section “License” of the Agreement.
Personal Data Means any information relating to an identified or identifiable natural person.
Software Means the Video Download Helper software, consisting of a web extension “Add-on”, edited and provided by ACLAP under this Agreement, and any updates, upgrades, or enhancements thereto.
Term Means the period of time beginning on the Effective Date and ending on the last date on which You access and/or use the Software.
Third-Party Products Means the open source or third-party software incorporated into and/or distributed as part of the Software.
Website Means the ACLAP site web located at https://v10.downloadhelper.net/fr. The Website is the property of ACLAP.
II.1. Purpose of the Software. The Software allows You to download videos from a variety of websites directly through your web browser.
II.2. Access to the Software – Security of the account. The Software is available to anyone over the age of 18. You can download the Software through the Website or the App Store of the web browser You use. Once downloaded, You can access the Software directly from your web browser on your computer, insofar as the Software functions as Add-on.
III.1. License grants. Subject to the terms defined below, ACLAP hereby grants You, during the Term, a worldwide revocable, non-exclusive, personal, non-sublicensable, non-transferable, limited right to:
III.2. Proprietary rights. The Software is licensed to You, You do not acquire any rights of ownership in the Software nor the Documentation. All worldwide ownership of, and all right, title, and interest in and to the Software and the Documentation, and all copies and portions thereof, including, but not limited to, all copyrights, patent rights, trademark rights, trade secret rights, inventions, and other proprietary rights therein and thereto, are and shall remain exclusively in ACLAP or its licensors. The only rights You acquire under this Agreement are those which are expressly stated in this Agreement.
III.3. Usage limits. Once acquired, the Software may be used only by the Licensee in accordance with the Documentation and the Agreement. The license of the Software is granted for a personal use only, excluding any commercial use.
III.4. Restrictions. Except as expressly permitted in this Agreement, You agree not to:
IV.1. Compliance. You are solely responsible for your compliance with this Agreement and all laws and regulations applicable to the use of the Software. It is therefore your responsibility to ensure that Your use of the Software does not contravene to any applicable laws, rules or regulations, as well as any third party’s rights.
IV.2. Third parties’ rights. You acknowledge (i) to use the Software for Your personal and non-commercial use only, (ii) that You are not granted with any rights on the content You download (except otherwise agreed with the owner of the rights) and (iii) to use the Software in accordance with the law and regulation of Your country and the terms and conditions of use of any website on which You download videos.
IV.3. Equipment and security.. You are solely responsible for acquiring and maintaining any equipment needed to connect to, access, or otherwise use the Software, including, but not limited to, hardware, software, and internet service, and for ensuring that such equipment and ancillary services are compatible with the Software.
IV.4. Activities. You are solely responsible for your activities in or as a result of using the Software.
IV.5. Third-Party Products. Third-Party Products are embedded or incorporated in the Software. You acknowledge and understand that these products may be governed by their own license terms. A list of the Third-Party Products may be found in the Documentation. ACLAP shall not be responsible in any way for such Third-Party Products.
Maintenance. You are hereby informed that ACLAP may carry out any type of maintenance that renders the Software unusable. You are aware that some new content to the Software may be reserved for the premium license versions and may incur additional costs in the event of update of the Software. ACLAP reserves the right to make changes, updates or modifications to the Software at any time and without prior notice.
Anomaly report. You may report at any time a Software anomaly detected by:
VI.1. ACLAP does not warrant that the Software is error-free, that the Software will operate without interruption, that the Software will be compatible with the Licensee’s equipment and software configuration or that it will meet the Licensee’s requirements. However, ACLAP remains liable for damages resulting from a malfunction of the Software, except where such malfunction is caused by improper use, alteration, or abuse by the Licensee, or by causes outside ACLAP’s reasonable control, in accordance with applicable consumer protection laws.
VI.2. By editing the Software, ACLAP protects the rights of third parties, including intellectual property rights. For this reason, ACLAP does not override certain technical protection measures implemented by websites. You are therefore informed and You acknowledge that the Software will not allow downloads from certain websites. Similarly, ACLAP reserves the right to restrict the availability of the Software on certain websites that do not align with its values or that violate laws, regulations, or moral standards. ACLAP cannot be held liable for any unavailability of the Software for these reasons. Where possible, ACLAP will inform the Licensee in advance of any planned interruption or restriction of service, except in cases of force majeure or technical necessity.
VI.3. You acknowledge that ACLAP does not control how You use the Software and bears no responsibility whatsoever for such use. ACLAP is not responsible for the content downloaded nor the use of the Software/content downloaded by the Licensee including if the Licensee infringes the rights of any third parties. ACLAP has no obligation and cannot technically review, monitor, control or examine the use of the downloaded content by the Licensee through the Software.
VI.4. You are aware that the Software allows You to download video from websites directly on Your computer and that ACLAP does not store any videos or data in the Software. Therefore, You are aware that ACLAP is under no obligation to keep or restore any of Your content/data.
VI.5. ACLAP (including its directors, officers, employees, contractors, agents, affiliates, and successors) shall not be liable in any manner for any damages resulting from your failure to fulfil your responsibilities under this Agreement, including, but not limited to, damages resulting from any misuse of the Software or infringement of third-party rights.
VI.6. ACLAP shall not be held liable for all defects for which it is not directly responsible and more generally where the Software has been altered, changed or improperly used by the Licensee.
VI.7. Further, the warranties set forth in this Section do not apply if (i) the Software has not been used in accordance with the terms and conditions of this Agreement, the Documentation, or applicable laws; (ii) the Software has been used for a purpose or application for which it was not intended; (iii) the breach is a result of any act or omission by You or any third party (including, but not limited to, alteration, abuse, or damage) or by the use of any materials supplied by You or any third party; (iv) the breach has been caused by your failure to apply updates or upgrades, or to comply with any recommendation or instruction of ACLAP; or (v) the breach results from any cause outside of ACLAP’s reasonable control.
VI.8. ACLAP shall not be held responsible for any damage which is not incurred by a malfunction of the Software, in particular all difficulties arising from the Licensee’s infrastructure, products, personnel, materials or software.
VI.9. ACLAP warrants that the Software operates substantially in accordance with the specifications set forth in the Documentation. Although ACLAP shall make its best efforts to correct any errors in the Software, ACLAP shall have no obligation to do so and shall not be held liable in this respect.
VI.10. Warranty disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AND LICENSED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND ACLAP HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. YOU EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE AND DOCUMENTATION MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO EMPLOYEE, CONTRACTOR, AGENT, AFFILIATE, REPRESENTATIVE, RESELLER, DEALER, OR DISTRIBUTOR OF ACLAP IS AUTHORIZED TO MODIFY THESE WARRANTY TERMS OR TO MAKE ANY ADDITIONAL WARRANTIES. BECAUSE SOME STATES OR COUNTRY DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No special damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACLAP (INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND SUCCESSORS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, NON-COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, STATUTORY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE RELATED TO LOSS OR PRIVACY OF DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, OR LOST PROFITS OR REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ACLAP IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. HOWEVER, THIS LIMITATION SHALL NOT APPLY IN CASES OF PERSONAL INJURY, DEATH, FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. BECAUSE SOME STATES OR COUNTRY DO NOT ALLOW THE EXCLUSION OF THE FOREGOING DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification by ACLAP. ACLAP shall indemnify, defend, and hold You harmless from and against any and all claims, demands, losses, liabilities and costs (including, but not limited to, reasonable attorney’s fees and costs) arising from ACLAP’s wilful misconduct or fraud. The foregoing obligations do not apply (i) with respect to Software or components thereof which have been (a) supplied other than by ACLAP (including Third-Party Products), (b) modified in whole or in part in accordance to your specifications, (c) modified by You after delivery by ACLAP, or (d) combined with other products, processes, or materials where the alleged infringement relates to such combination; (ii) where You continue the allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement; or (iii) where the use of the Software by You is not strictly in accordance with this Agreement or the Documentation.
Indemnification by Licensee. You shall indemnify, defend (through use of counsel acceptable to ACLAP), and hold harmless ACLAP (including its directors, officers, employees, contractors, agents, affiliates and successors) from and against any and all claims, demands, losses, liabilities, and costs (including, but not limited to, reasonable attorney’s fees and costs) arising from your (i) breach of this Agreement or violation of applicable law; (ii) installation, use, or misuse of, or failure to prevent unauthorized access to, the Software; (iii) infringement of third-party intellectual property rights or violation of third-party privacy rights; and (iv) wilful misconduct or fraud.
Indemnification procedure. The obligations in this section are subject to the indemnifying party being promptly notified of any and all threats, claims, and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over the defense and all negotiations for a settlement or compromise.
Compliance. ACLAP and the Licensee each undertakes, as far as they are concerned, to comply with the Applicable Regulations.
ACLAP acting as Data controller. ACLAP carries out Personal Data processing operations as follows:
Term. The term of this Agreement shall begin on the Effective Date, until the Software is uninstalled or until termination of this Agreement.
Termination by You. You may terminate this Agreement in its Free License version by uninstalling the Software.
Effect of termination. Upon termination, You shall immediately (i) cease using the Software and (ii) destroy all copies of the Software and Documentation. Any provision of this Agreement that by its nature is intended to survive the expiration or termination of this Agreement shall so survive (including but not limited to “License”, “Warranties and disclaimers”, “Limitation of liability”, “Indemnification”, “Miscellaneous”, “Governing law and attribution of jurisdiction”).
Neither the Licensee nor ACLAP shall be liable in for failure to comply with any provision of this Agreement if such failure results from an event of force majeure, as defined by Article 1218 of the French Civil Code, that is, an event beyond the control of the party concerned, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, and which prevents the performance of its obligations. In such a case, the performance of the obligations shall be suspended for the duration of the force majeure event, or the contract may be terminated if the impediment is definitive, in accordance with applicable law.
Amendment. ACLAP may, at its sole discretion, modify, replace, or update this Agreement at any time. However, any modification, replacement, or update will be communicated to You in advance, and You will have the right to refuse such changes within a reasonable period (30 days) after notification. If You refuse the changes, You may terminate the Agreement without penalty and without entitlement to compensation. ACLAP will post the updated versions on its Website.
Assignment. This Agreement is personal to You and You may not assign this Agreement in whole or in part in any case without ACLAP’s prior written consent and conditions.
Entire Agreement. This Agreement constitutes the entire agreement between ACLAP and the Licensee and supersedes all prior written or verbal agreements concerning its subject matter.
Severability. If any provision of this Agreement is found void and unenforceable, it will not affect the validity of the Agreement, which shall remain valid and enforceable according to its terms. In such situation, this provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law.
Waiver. The delay or failure of either the Licensee or ACLAP to exercise any of its rights pursuant to this Agreement shall not be deemed a waiver of that right. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Applicable law. This Agreement shall be construed and governed in accordance with the laws of France, without regard to the choice or conflicts of law provisions of any jurisdiction.
Jurisdiction. In the event of a dispute regarding the interpretation or performance of this Agreement, the parties shall, prior to initiating any legal proceedings, seek an amicable resolution and shall provide each other with all necessary information for that purpose. If you are a professional as defined by the French Consumer Code, any dispute, action, claim, or cause of action arising out of or in connection with this Agreement, including its validity, interpretation or application, shall be subject to the exclusive relevant jurisdiction of Béziers. If you are a consumer as defined by the French Consumer Code, any dispute, action, claim, or cause of action arising out of or in connection with this Agreement, including its validity, interpretation or application shall be submitted to the competent courts.