PVsyst SA License agreement (pdf version)

1. Object

This software PVsyst was designed at the University of Geneva (Switzerland).

PVsyst is a software for the study and the simulation of photovoltaic systems. The PVsyst software copyright is the intellectual property of the University of Geneva.

Since July 1^st, 2011, the University of Geneve has granted an exclusive and worldwide license for the distribution and the development of the software PVsyst to the Company PVsyst SA, with registered offices at 107, route du Bois-de-Bay, 1242 Peney - Satigny, Switzerland.

Clauses of this licensing agreement are applicable between PVsyst SA and the user of the software ("User"). Upon payment of a license right fee for the company, the user has the right to purchase one or several activation codes for the use of the PVsyst software (one code per machine).

2. Utilization license

Included in "Utilization": downloading and installation of the software as well as features described in this agreement. Any utilization of PVsyst necessarily and automatically involves the acceptance of license clauses and potential ulterior amendments without any notification to the user. Failure to comply with these utilization conditions engages the user's responsibility. Clauses of this agreement may be amended at any time by PVsyst SA, without notification.

3. Application of the present conditions

The present conditions are applicable in whole for all agreements between PVsyst SA and the user, in Switzerland as well as in any other country. Any dispensation of clauses in this agreement would involve a formal and preliminary agreement from PVsyst SA.

PVsyst SA has every right to modify the present conditions. The modifications become effective upon their on-line publication. In case of an eventual incoherence concerning the translation of these general conditions, the French version takes precedent.

4. Software features

PVsyst runs under MS-Windows. The main language of PVsyst is English. However, the software is partially translated into French, Italian, German and Spanish.

5. Price and taxes

5.1. Price

The price list is available on the website. A non-contractual quotation can be established online.

The price to pay is a net seller price without additional expense. Banking charges are paid in full by the User. Prices are given tax-free and in Swiss Francs. When paying by credit card, the invoice is labeled in Swiss francs. When paying by bank transfer, the invoice may be established in Euros, in US dollars, or in Pounds Sterling. In these cases, the exchange rate is determined by PVsyst SA, according to the rate at the billing date.

5.2. Taxes

VAT is applicable, at the current rate, only for Users located in Switzerland or in Liechtenstein, and is added to the net price of the software. For Users located outside of Swiss territory, VAT is not applicable and the software is sold tax-free. Any other potential tax in the destination country is at the charge of the User.

6. Availability of the PVsyst software

6.1. Offer and acceptance

The free use of the software for 30 days allows the user to try and discover all of its functionalities.

Thus, any order requested to PVsyst SA is final and definite for the user (without retracting rights), as soon as PVsyst SA receives and accepts the payment.

6.2. Land use of the Company license agreement

Each company, juridical entity, per country has to purchase PVsyst license rights to be entitled to use the program. This license allows this company, juridical entity, within the same country to purchase PVsyst activation codes.

6.3. Purchase of the License rights and access codes for the software, and methods of payment

Orders are made online. Payment can be made by credit card or through PayPal, in this case we send back an acquitted invoice. It can also be made by bank transfer after have receipted our invoice.

The access code for the software is sent to the User in the days following the integral payment of the payable amount, along with the paid invoice. No discount is granted in case of early payment.

6.4. Provider

Only PVsyst SA commercializes PVsyst. There are no other authorized providers for this software. PVsyst is only available for download on the official website www.pvsyst.com. Only the latest version is available on this website for sale.

7. Technical support

As far as possible, PVsyst SA provides technical support to the User, for the current version, however without a guarantee of success. Technical service is provided by e-mail.

If a dysfunction occurs, the PVsyst SA team will try to correct the error as quickly as possible.

8. User's obligations

Users commit to not copying, broadcasting, disassembling, amending or « reverse engineering » all of or any part of the software.

Users are responsible for protecting their activation code(s) from being used by a third party that may access the software.

Users commit to respect intellectual and industrial property rights held by University of Geneva on the software, which PVsyst SA owns the licensing rights.

Users must quote the name of PVsyst if they publish pictures or tables issued from the software.

Users shouldn’t communicate his customer ID to a third party, neither give the license rights and the activation codes.

Non-compliance by User with this obligation will lead to legal sanctions.

In this case, if the payment has been made or if the access code(s) has already been delivered to the user, PVsyst SA has the right to block access to the software without returning the amount already paid by the user.

9. Conditions for the supply of the DRY Swiss meteorological data prepared by the "Physics and Installations in Buildings" Section of the EMPA

Basic DRY data for the Swiss locations are property of the ISM (Swiss Institut of Meteorology) and can't be distributed.

The EMPA has been authorized to distribute data in a prepared format.

The EMPA prepares meteorological data from the ANETZ network of the ISM for their only use in softwares of computations in the field of Building Physics, Energy Management and Building Installations.

Neither the ISM nor the EMPA or employees of these offices take on any responsibility under any form for the accuracy, the integrality or the ability to the use of these data, neither for consequences of their use.

The delivery of prepared data to third parties is not authorized.

10. Disclaimer of guarantee

PVsyst software takes into account as far as possible the current state of the technology.

PVsyst SA cannot be held as responsible for damage caused by the utilization of the software. PVsyst SA doesn't accept any responsibility towards users or third parties for lack of profit or indirect damages resulting from the utilization or incapacity to use the software.

PVsyst SA does not guarantee the results of the software, which depend to a large extent on the parameters determined by the user. The validity of the content of meteorological databases and the validity of components databases cannot be guaranteed.

Under no circumstances can PVsyst SA be held responsible for potential consequence of a real different result with regards to the software's prediction. There is no guarantee in regards to the security and reliability of the equipment and the technical means relating to the hosting of the software.

PVsyst SA cannot be held responsible for the potential hacking, or temporary inaccessibility of the software or external factors related to the utilization of the software. No complaint action or other measures may be instigated against PVsyst SA for this reason.

11. Jurisdiction and applicable law

These general terms and the contractual relationship between both parties resulting from the utilization of the software PVsyst are governed by Swiss law. Jurisdiction is in Geneva.