PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.
BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ANY AMENDMENTS THERETO.

For any questions regarding your personal data, you can contact Blue Wave Software by:

• Sending an email to the Blue Wave Software Data Protection Officer at the following address: bluewave@bluewave.mc.
• Using our contact form by clicking here.
• Sending a letter to the following address:
  Blue Wave Software S.A.M.
  15, Avenue de Grande-Bretagne
  MC 98000 – MONACO
  PRINCIPALITY OF MONACO

For any legal questions related to these terms, you can contact the Blue Wave Software Management at the following contact details:

Blue Wave Software S.A.M.
Monégasque Public Limited Company with a capital of 300,000 euros.
Registered with the Monaco RCI under number 81 S 01888.
Statistical number NIS 6202 A 03282.
EU VAT number FR 88000018423.
Located at 15, Avenue de Grande-Bretagne
MC 98000 – MONACO
PRINCIPALITY OF MONACO
Telephone: (+377) 93 10 50 30

This website is intended solely for individuals or legal entities wishing to learn about Blue Wave Software’s activities.

By using the Site, you warrant that:

• As a Professional: You are legally authorised to enter into binding contracts or have the authority to bind your company or any company you represent.
• As an individual: You are at least 18 years old, or an emancipated minor, or have obtained the consent of a parent or legal guardian, and have full capacity and competence to agree to these Terms, which will be legally binding on you.

Blue Wave Software reserves the right to modify this site and these Terms at any time, including to reflect changes in market conditions affecting its activities, changes in technology, applicable laws and regulations, or Blue Wave Software’s network capabilities.

In the event of a modification to these Terms by Blue Wave Software, the modified Terms will take effect upon their publication on the Site. Your continued use of the Site after the publication of any modified Terms will be deemed as your acceptance of those modified Terms. Therefore, you must – and agree to – review these Terms periodically.

Blue Wave Software places great importance on your privacy and the confidentiality of communications from the Blue Wave Software website, such that your use of the Site is considered an acceptance of the General Terms of Use.
If you have not yet reviewed the Site’s Legal Notices, please do so now by clicking here.

This Site contains or uses certain content and materials, including written material, information, software, source and/or object code, data, images, videos, music, sounds, trademarks, texts, designs, logos, icons, audio clips, digital downloads, data compilations, patents (collectively, the “Content”), which are wholly or partially derived from material provided by Blue Wave Software and other sources or are the property of Blue Wave Software or its content providers, and may be protected by applicable Monégasque and international copyright, intellectual property, and other laws, rules, and regulations.

You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any Content in any way without the prior written consent of Blue Wave Software.

Blue Wave Software prohibits the use of its trademarks, intellectual property rights, distinctive signs, or product designations for advertising purposes, to refer to any product or service, or for any other commercial purpose without prior express written consent. Similarly, the Content may not be used without prior express written consent.

Furthermore:

• You may not remove any copyright, trademark, or other intellectual property or proprietary notices contained on the Site or any Content.
• You may not use any Content in a manner that exceeds the rights granted to you regarding your use of the Content.
• You may not use any data mining software, robots, or similar data collection and extraction tools on the Content, extract any part of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, lease, or otherwise distribute the Content without the prior written consent of Blue Wave Software.
• You may not circumvent any mechanisms included in the Content intended to prevent unauthorised reproduction or distribution of the Content.

You may use the Site only for lawful purposes. The Site offers the following features:

• Presentation of Blue Wave Software’s activities.
• Geographical presence of Blue Wave Software.
• Contact Form.

Via the contact form or email contact, you may not engage in acts that:

• Are violent or infringe upon the rights of Blue Wave Software or any third party, including, but not limited to, patent, trademark, trade secret, copyright, privacy, or any other intellectual property or proprietary rights of any third party.
• Are illegal, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contain explicit or graphic descriptions or accounts of sexual acts or are obscene/pornographic.
• Victimise, harass, degrade, or intimidate an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
• Impersonate any person, company, or entity, including Blue Wave Software and its employees and representatives.
• Contain viruses or any other machine code, files, or programs that interrupt, destroy, or limit the proper functioning of any software, hardware, or telecommunications equipment, or otherwise enable unauthorised use of a computer or computer network.
• Encourage conduct that would constitute a criminal offence or give rise to civil liability.
• Violate these Terms or any other notices or policies published on the Site.
• Are likely to damage, disable, overload, or impair Blue Wave Software’s or its web host’s servers and networks or interfere with the operation, use, or enjoyment of the Site by any other person.

You may not attempt to gain unauthorised access to the Site or any service, user account, computer systems, or networks through hacking, password mining, or any other unauthorised means, nor may you reverse engineer, decompile, or disassemble the Site or any Content thereof.

You may not use the Site or any communication tools provided through the Site to transmit, directly or indirectly, unsolicited bulk communications (including emails and instant messages). You may not harvest information about Blue Wave Software users for the purpose of sending, or facilitating the sending of, unsolicited bulk communications.

Applicable laws, rules, or regulations may require that certain information or communications sent to you by Blue Wave Software be in writing. By using the Site, you agree that communications with Blue Wave Software will primarily be electronic. Blue Wave Software will contact you by email or provide information by posting notices on the Site. For contractual purposes, you consent to this electronic communication method and acknowledge that all contracts, notices, information, and other communications provided by Blue Wave Software in electronic form comply with any legal requirement that such communications be in writing.

Blue Wave Software does not guarantee, and assumes no responsibility for, the truthfulness, timeliness, accuracy, or completeness of the Content. Any conclusions users may draw from the information presented on the Site are their own and should not be attributed to Blue Wave Software. You agree to evaluate and assume the risk associated with the use of any Content, including reliance on its truthfulness, timeliness, accuracy, or completeness.

You agree to provide accurate, correct, current, and complete information about yourself. If you provide information that is incorrect, inaccurate, outdated, or incomplete (or if Blue Wave Software has reasonable grounds to believe such information is incorrect, inaccurate, outdated, or incomplete), Blue Wave Software has the right to terminate any agreement based on your information.

Blue Wave Software has included hyperlinks on the Site that lead to other websites or third-party content, notably on the “References” page. Blue Wave Software has no control over these links, their content, or third-party content. Your use of these links will be subject to the terms of use and legal notices of those sites, so Blue Wave Software encourages you to read them before using said sites or transmitting any information to them.

Blue Wave Software strives to implement measures to ensure users can access the site under the best conditions and to provide informative, non-contractual information.

BLUE WAVE SOFTWARE DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS REGARDING, THE USE OR CONSEQUENCES OF USING THE CONTENT AVAILABLE ON THE SITE OR THIRD-PARTY SITES IN TERMS OF TRUTHFULNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT BLUE WAVE SOFTWARE) BEAR THE ENTIRE COST OF ANYTHING NECESSARY FOR YOUR ACCESS TO AND USE OF THE SITE.

BLUE WAVE SOFTWARE’S LIABILITY ARISING FROM THE CONTRACT, PRODUCTS, AND YOUR USE OF THE SITE IS EXPRESSLY EXCLUDED IN THE FOLLOWING CASES:

• IN CASE OF FRAUD OR MISREPRESENTATION ON YOUR PART.
• OR IN CASE OF DELIBERATE BREACH OF THE TERMS ON YOUR PART.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BLUE WAVE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE CONTENT AND/OR THE SITE OR THE INABILITY TO USE THEM.

Events Beyond Blue Wave Software’s Control

Blue Wave Software will not be liable if it fails to perform, or performs with delay, any of its obligations under these Terms or any applicable laws, rules, and regulations due to events beyond our reasonable control (“Force Majeure”).

A Force Majeure event refers to any act, event, non-event, omission, or accident beyond our reasonable control and includes, in particular (without limitation):

• Strikes or similar actions.
• Civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (whether declared or not), or anticipated or imminent wars.
• Fires, explosions, storms, floods, earthquakes, subsidence, epidemics, or other natural disasters.
• Inability to use rail, sea, air, road, or other public or private transport.
• Inability to use public or private telecommunications networks.
• Laws, decrees, legislation, regulations, or usage-restrictions-and-limited-license of any government.

Blue Wave Software’s compliance with these Terms and applicable laws, rules, and regulations is deemed suspended for the duration of the Force Majeure event, and Blue Wave Software will benefit from an extension of the performance period during said period.

You agree to defend, indemnify, and hold harmless Blue Wave Software and its owners, agents, affiliates, licensors, and licensees, as well as their directors, agents, employees, contractors, and representatives, from any liabilities, claims, judgments, and costs, including attorney and expert fees and expenses, arising from (i) your use or misuse of the Site; (ii) your breach of these Terms; (iii) your violation of any law or third-party rights, including, but not limited to, any patent, trademark, trade secret, copyright, privacy, or other intellectual property rights of any third party; and/or (iv) any use or misuse of your credentials.

Blue Wave Software will notify you in the event of an occurrence that does not qualify for indemnification. Blue Wave Software reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification, in which case you must cooperate with Blue Wave Software to assert all available defences. This defence and indemnification will survive the termination of these Terms and your right to use the Site.

Blue Wave Software makes no representation that the Content on the Site is appropriate or available for use in regions located in the countries targeted by the Service.

Accessing the Site from territories where the Content of the Site would be illegal is strictly prohibited.

Individuals who choose to access the Site from regions outside the countries targeted by the Service do so at their own risk and discretion and are responsible for complying with the applicable laws, rules, and regulations in that region.

This site is governed by Monégasque law. These Terms are written in the French language.

If one or more of these terms were deemed invalid, illegal, or unenforceable in any way by the competent authority, such terms would be severed from the remaining clauses, which would continue in force as long as permitted by law.

In the event of a dispute, the parties will have the opportunity to resolve their differences amicably. If no amicable agreement is reached, the dispute will be settled by the Monégasque jurisdiction.