Version in effect on 31 March 2014

These Terms and Conditions govern all relations between the Company FIREFLY CINEMA, a Limited Liability Company (SàRL), with capital of 20,000 euros, having its registered office at 8 rue Godillot, 93400 St Ouen, registered with the Trade Register of Bobigny under number B 522391572, represented by Mr. Reinaudo, in his capacity as Manager duly authorized for the purposes hereof, which produces and directs the publication of the Site, (hereinafter, “the Publisher “), and any entity that orders the Software provided through the Publisher on Site (hereinafter, the “Client “), hereinafter individually or collectively referred to as the “Party” or “Parties”.


The terms defined below, whether in the singular or plural, will have the following meanings in the present General Terms and Conditions of Sale:

i. Support: all services provided by the Publisher to the Client, consisting of advice and assistance by e-mail.

ii. Order(s): any request by the Client for Software from the Publisher stating the type and number of Software desired.

iii. Client Account: personal account of User allowing said latter to place and pay for said Orders.

iv. Order Confirmation: express acceptance of the Client’s Order, sent by e-mail to the address provided by the Client.

v. Data: the information indicated in the personal account of the Client under their full responsibility appearing on the servers maintained by the Publisher.

vi. Client environment: unit consisting of hardware and software (operating system, database management system, database, etc.)

vii. Working days and hours: days and hours between 9:00 a.m. and 6:00 p.m. Monday through Friday, excluding holidays.

viii. Software: set of computer programs in object code (including its Updates), available for download on the Site and designating the following Software: FIREDAY, FIREPLAY, and FIRECLOUD according to what has been actually purchased by Client as part of their Order.

ix. Maintenance: services including Corrective and Evolutionary Maintenance of the Software:
a. Corrective Maintenance: any intervention to detect, correct or possibly workaround failures reported by the Client.
b. Evolutionary Maintenance: the services consisting of the provision of Software Upgrades to the Client.

x. Upgrade(s): the successive versions of the Software with either corrections of errors or failures, or technical improvements and/or functionalities provided by the Publisher. The Updates include all changes to the Software to ensure compliance with regulatory and technological developments. They do not necessarily include new functionalities of the Software which may be marketed independently by the Publisher, but should include all modifications and features determined by the Publisher. Each Upgrade with technical improvements and/or functionalities and each version of the Software is identified by a version number (e.g., Version 4.3 or 5.0).

xi. New Major Release: any new version of the Software including adaptations, improvements and/or substantial changes to existing features, and/or new features that do not fall within the scope of maintenance services unless required for compliance under regulatory obligations. Major New Releases may be marketed independently by the Publisher.

xii. Failure:
a. Critical failure affecting the Software
A critical failure exists when the problem makes it impossible to use a function considered essential to the proper functioning of the Software. The failure will be considered as critical of the problem brings about the unavailability of the Software, without any possible bypassing by the Client.

b. Disruptive failure affecting the Software
A disruptive failure exists when the problem has a significant impact on a function used to perform tasks considered important but not essential to the prompt and proper functioning of the Software.

c. Minor failure affecting the Software
A minor failure exists when the problem only has repercussions that are limited or of no importance to the Client, with no immediate interruption of the operation of all or part of the Software.

xiii. Patch: any change in the Software that corrects a failure.

xiv. Pop-up: secondary window that appears, without having been requested by the User, when using the Software.

xv. Prerequisites: set of computer functionalities and programs defined by the Publisher as being required for use of the Software, as shown on the Site at the URL address

xvi. Provider(s): any person or legal entity with which the Publisher or the Client has entered into a service contract.

xvii. Site: the website located at the URL address

xviii. Workaround: a solution consisting of temporarily modifying the procedure for using the Software, in the event that the defect is unable to be corrected, or setting the parameters of the Software in question in such a way that the anomaly, although remaining, is no longer an obstacle to normal and unhindered use thereof by the Client and its Users.

xix. Territories: means countries worldwide.

xx. Third party: Refers to all legal persons (natural or legal entity) other than the Parties;

xxi. User: means any legal entity, including Clients as well as those who come to consult the Site but have not opened an account on the Site.


2.1. Acceptance

The Client is required to accept these Terms and Conditions, which are enforceable against it in the framework of Orders made by them through the Site.

In any event, the registration of the Client on the Site subjects it to the General Terms and Conditions of Sales and the licence to use the Software as from the first Order. The Client is therefore deemed to have accepted application of all rules stipulated herein, as well as those that may be present in any document available on the Site, incorporated into the present Terms and Conditions of Sale by reference and which completes its relationship with third parties and the Publisher.

These Terms and Conditions are effective throughout the life of the Software Site and until new terms and conditions supersede these.

The Client acknowledges having consulted the proprietary notices contained on the platform prior to its registration on the Site.

The Client acknowledges having been informed by the Publisher of all the technical prerequisites required for optimum operation of the Software. The Client is also aware that these prerequisites may change, in particular for technical reasons. In the event of such change during use of the Software, the Client will be notified in advance, in accordance with the procedure stipulated in Article 7.2 hereof.

The Client is required to accept the sales terms presented on the Site, which may contain terms and conditions that supplement or replace the present Terms and Conditions.

For further information, Clients should consult the sections of the Site, the pages of each of the areas that constitute it, and, if necessary, contact the Publisher with any request for clarification through the “Contact Form” provided on the Site for this purpose.

2.2. Modifications

The Publisher reserves the right to modify, at its sole discretion, the present Terms and Conditions, according to the technical evolution of the platform, or due to changes in legislation.

In general, use of the Site and the provision of the Software to the Client are always subject to the most recent version of the Terms and Conditions posted on the Site and available to the Client at the time of use. It is the Client’s responsibility to consult the Terms and Conditions, which are accessible on the Site, as often as necessary.

2.3. Breach

Any violation of the present General Terms and Conditions of Sale authorizes the Publisher to refuse to allow the Client having perpetrated the violation to have future access to the Software provided on the Site or any affiliated site for which the Publisher is responsible or to close any account allowing access to one of its sites, without prejudice to compensation that may be claimed from the perpetrator of said violation by the Publisher.

2.4. Agreement on Proof

The Client acknowledges that the recordings and backups (including any connection data) carried out on the Site (hereinafter the “Electronic Documents”) have full probative value between the Client and the Publisher. Consequently, the Electronic Documents (including their date and time) are valid as evidence between the parties to any dispute.

The Client therefore acknowledges, in its contractual relations with the Publisher, the validity and probative value of e-mails. Similarly, order statements, amounts paid, coupons, etc. acquired by the Client, as well as their reproductions retained by the Publisher, are binding on the Client as evidence.

2.5. Personal Data

In accordance with the Law of 6 January 1978, the collection of personal data and the computer processing possibly carried out on said data by the Site have previously been declared to the Commission Nationale de l’Informatique et des Libertés (National Information Storage and Freedom Commission) under number: 1750638. Anyone can access by writing to the CNIL, 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail to

The operation of the Site may involve the collection of a certain amount of personal data from the internet user (Users, Clients). The main purpose of such collection is the proper display of the Site on the User’s screen and the establishment of general activity statistics. The collection of certain personal data may be made by the use of “cookie” files stored by the server hosting the Site on the visitor’s hard drive to facilitate navigation on the Site or for constituting statical data concerning general site activity, monitoring the volume, type and pattern of traffic using this Site, and developing the design and layout and other administrative and planning purposes. Although they do not allow direct identification of the User they are treated by the CNIL as personal data.

he information thus collected is neither sent or sold to any third party except legal assumptions bringing about mandatory disclosure to judicial authorities. As such, no data is retained by the Publisher except those necessary for billing and payment.

Moreover, the Publisher shall not transfer any personal data that may be collected on the Site, to non-Client states of the European Union or the United States, which does not present a level of protection equivalent to that in force within the Union. In the unlikely event that such a transfer would be required and envisaged, the Publisher shall undertake to sign an agreement prior with the entity receiving the data, whereby the latter would undertake to provide data protection in accordance with Directive 95/46/EC of 24 October 1995, transposed into French law by Act of 15 July 2004 and to communicate said agreement to the CNIL.

Pursuant to Article 39 of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004 (Article 5), all Users or Clients have a right to access, modify, rectify and delete data concerning them. These rights can be exercised, if necessary, with the Publisher by letter sent to the Publisher, at the address indicated at the beginning hereof; by phone at +33 6 76 41 80 91, or by e-mail, by writing to Requests are processed within a minimum period of one month and shall not exceed twelve (12) months.


3.1. Purpose

These Terms and Conditions are intended to define the terms and conditions under which the Publisher grants licenses for use of Software that is downloadable online, to the Client, in particular through the interface provided by the Site.

3.2. Scope

These General Terms and Conditions supersede any conditions of purchase or any other document issued by the Client, unless formally and expressly waived by the Publisher. Accordingly, any contrary terms and conditions provided by the Client shall not be enforceable against the Publisher regardless of the time at which it may have been brought to its knowledge, unless expressly accepted by the Publisher.


4.1. Registration

Prior to any Order placed on the Site, Clients and Users must register on the Site in accordance with the procedure laid down in Article 6.1 of the Terms of Use.

4.2. Software Orders

4.2.1 – Online order

• First Order: the Client places an Order online by logging onto the “Download” page of the Site. Once logged on this page, a download form will appear in which the Client chooses the Software they want to download, the platform on which it wishes to use the Software, the Software version (the full version of the Software, called “FULL” or a partial version of the Software called “DEMO”), the type of license and finally the period of validity of the license for the downloaded Software FIREDAY and FIRECLOUD.
After specifying the choice of license, the Client must enters its personal information online and make payment of their Order by PayPal, which constitutes final confirmation of the Order.

• Renewal: SEVEN (7) days before expiry of the license, the Client will see a pop-up on the screen when connecting to the Software, as mentioned in Article 4.4 above, indicating the date of expiry of its license. This pop-up also includes a download link that takes the Client to the “Download” page of the Site for renewing the license of the Software, according to the procedure used for a first Order described in detail above.
The renewal of the license immediately terminates the previous license.
4.2.2 – Order Confirmation

Upon final confirmation of each Order, the Publisher shall send the Client an e-mail confirmation of the Client’s Order, summarizing all elements relating thereto and containing a download link. By clicking this link, the Software download process starts on the Client’s computer.

The Client is automatically granted a period of ten (10) days during which they can download the Software at their convenience. At the end of the ten-day (10) period, the download is no longer automatically available and requires release of the service by the Publisher. The release is obtained by sending an e-mail to the following address:

By printing and/or saving these e-mails, the Client has a means of proof of placing the Order and payment.

4.2.3 – Delivery

The Software is made available by download from a link in the e-mail Order Confirmation as soon as payment has been approved and immediately after payment has been confirmed. The Publisher will provide its best efforts to make all Software available within two (2) hours by download. The tracking of Orders can be obtained at the following address:

4.3. Pricing Policy

4.3.1 – Rates

The current rates for the various Software offered by the Publisher are indicated in euros. They can be consulted on the Site, it being understood that the rates applicable are those in effect at the date of issuance of the Order, subject, in particular, to discounts, test offers, or special offers posted on the Site.

The prices are net, excluding VAT.

Rates differ depending on the versions of Software and the Software available to Clients on the Site:

– Software versions:
o the “DEMO” version of the Software is free of charge,
o the “FULL” version of the Software is subject to payment in accordance with the prices listed on the Site,

– Software:
o The license to use the Softwares FIREDAY and FIRECLOUD are subject to payment in accordance with the prices listed on the Site,
o The license for use of the Software FIREPLAY is free of charge.

The making available of the Software is subject to full payment of the Order.

Any disagreement concerning the billing and/or provision of the Software must be lodged by e-mail to within one (1) month after confirmation of payment of the Software in question.

4.3.2 – Payments methods
Payment of the Order will be made by PayPal as follows: during the purchase procedure of the Order, the Client will be redirected to the PayPal secure payment site and must follow the steps provided on this site.

4.4. Exchanges – Refunds

No exchange or refund of the Software will be made by the Publisher.

However, in case of non-compliance of the Software ordered with the one actually provided or, exceptionally, the Client may request that the Publisher exchange, and, if necessary, reimburse the Software as a commercial gesture.


The Publisher may assist the Client in order to allow said latter, or the third party designated by it, to use the Software for its intended purpose.

Said assistance includes in particular:

– the technical support necessary for the proper use of the Software;
– provision of information and advice concerning its optimal use;
– support in setting the parameters of the Software.

The Publisher shall provide assistance by e-mail only on working days and during working hours. The Client can contact the Publisher at the following address:


The Publisher shall provide the Client, under an obligation of means, its best efforts to carry out Software Maintenance under the conditions defined below.

6.1. Maintenance Services Performed by the Publisher

Under Corrective Maintenance:
The correction of all Failures, qualified as such by the Publisher, by the provision of a Patch or Patches.

Under Upgrade Maintenance:
– The continued state of functioning of the Software for the supply and installation of Upgrades of the Software;
– Information of the Client with regard to all changes made to the Software and provision of any documentation relative thereto;
– The revision of the Software made necessary subsequent to a change in the regulations.

To ensure such Maintenance, the Publisher shall intervene either at its own initiative or at the request of the Client if an event likely to set off one of the above elements occurs.

6.2. Procedure for Implementing Maintenance

In the event that it can be properly ensured and at the discretion of the Publisher, Maintenance will be primarily made available remotely by the taking of control of the Client’s computer by the Publisher, by e-mail, or by any other means of telecommunication, during the working hours and days of the Publisher.

Furthermore, the Publisher may,provide the Client with Updates subsequent to a Maintenance operation or when it is deemed necessary for maintaining the integrity of the Software. The Client will be notified of the availability of Updates through a pop-up appearing once the Software is opened. The Client will have the choice to download, or not, the Updates proposed by the Publisher. If the Client decides to install them, they must click on the link in the pop-up allowing them to start the download and installation of Updates.

6.2.1 Corrective maintenance

As part of Corrective maintenance, the Client shall report any failure by e-mail to the Publisher. After having become aware of it, the Publisher shall undertake to correct it as soon as possible.
The Publisher shall provide the Client with Updates resulting from the execution of maintenance services, as detailed above, at no additional cost.

6.2.2 Evolutionary Maintenance

Interventions in the context of Evolutionary Maintenance can make the Software temporarily unavailable. The Publisher shall be responsible for all consequences of the interruption or suspension of operation of the Software for Maintenance if this procedure has not been complied with and in particular if it has not notified the Client sufficiently in advance to enable it to anticipate the suspension due to Maintenance and adapt its use as required.

6.3. Exclusions

All other services not included in Articles 7.1 and 7.2, shall in no case be due by the Publisher under Maintenance:
– the reconstitution of files in case of accidental destruction;
– the development of new features;
– additions or changes to existing programs not required by a change in the regulations in effect;
– training of the Client’s personnel, or that of its Service providers;
– maintenance of software other than the Software that would work in chaining mode with it;
– maintenance of the Software once it has been modified or altered by persons or entities other than the Publisher;
– maintenance of accessories and supplies related to the Software;
– correction of Failures, bugs, etc. arising from the Client Environment and in particular, third-party software owned or licensed otherwise by the Client;


Client acknowledges being liable for all activities or practices that it carries out through its Client Account and agrees to comply with the present Terms and Conditions and all applicable local, state domestic and foreign laws, regulations, and treaties, including those concerning the protection of personal data, international communications and transmission of technical or personal data, files, freedoms and intellectual property rights, as well as third party rights.

In addition, the Client acknowledges that it shall bear sole responsibility for the use of the Software. Consequently, the Client is solely liable for the content of the work it produces, in particular if it is contrary to the laws and regulations in force, public policy or common decency, violates third party personality rights or is of a defamatory, obscene, abusive, pornographic, offensive, violent nature, or incites discrimination, or political, racist, xenophobic, sexist or homophobic violence.


The liability of the Publisher hereunder is strictly limited to direct damages resulting from the granting of licenses to use the Software owned by it. Accordingly, the liability of the responsibility of the Publisher is limited, if necessary, to the replacement or repair of the defective Software, without any other damages being able to be invoked by the Client.

In fact, the Publisher excludes any other liability in any capacity whatsoever for consequential damages such as loss of profit, commercial or economic loss, increased overhead, the consequences of claims by third parties or loss of opportunity, finding their origin or resulting from the provision of Software.

The Publisher also excludes liability through any claim, demand, action, cost, expense, loss or damage, resulting from:

– Use of the Software in violation of these Terms or misuse, modification, customization, non-compliance, or improvement of features of the Software by the Client;
– The use of an Update replaced or modified by the Client;
– Use of the Software, or a combination of the Software with customizing programs or the development of interfaces, data, equipment or materials not supplied with the Software by the Client in the event that the claims, demands, actions, costs, expenses, loss or damage could have been avoided by the use of the Software without such programmes, interfaces, data, equipment, or material;
– The Client’s continued activity of alleged infringement when they have been informed and were provided modifications to the Software to avoid said alleged infringement.

In any event, assuming the liability of the Publisher is still retained in any capacity whatsoever, the Client agrees that the total amount of compensation that the Publisher may be required to pay shall not exceed the amount received by the Publisher under or element(s) of the Order at the origin of the claim and, whatever the legal basis of the claim and the procedure used to ensure its outcome.


9.1. Primarily

The Publisher shall not be liable either in civil and criminal proceedings for any false statements made by the Client.

The Publisher does not in any manner guarantee that (i) the platform and/or Software meet all the requirements of the Client, (ii) that the platform of the http://fireflycinema. com Site and/or the Software will be permanently available without interruption or error free. To the fullest extent permitted by applicable law, the Publisher cannot be held liable for direct damages that are the result of a fault in fulfilling Orders directly attributable to the Publisher.

In the event that the Site is recognized in whole or part, as illegal under local law, it is the Client’s responsibility to access them from another jurisdictions where it is deemed to be legal and where their personal status permits it. The Client who choose to access the platform from other locations shall do so on its own initiative, in full knowledge of the considerations involved, and at its own risk; said latter shall be responsible for assuming application of the public regulations of the local government.

Finally the Publisher must provide the legal warranty against latent defects affecting the Software made available, rendering it unusable, provided that the Client proves the latent defect and takes action within the period of two (2) years after discovery of the defect, and according to the provisions of Article 1648 of the Civil Code.

9.2. Alternatively

Certain countries and jurisdictions do not allow exclusion of implied warranties or the limitation of the duration of implied warranties, therefore the above limitations may not apply in whole or part to some cases where such restrictions are prohibited by the rules of public policy. In such cases alone, the total liability of the Publisher shall be limited to the amount that the Client has actually paid for the Order at the root of the alleged loss and judicially recognized as such in application of said rules of public policy.

9.3. Guarantee of Peaceful Use of the Software

The Publisher indemnifies the Client against any infringement action or any action to prohibit use of the Software. As such, the Publisher shall pay all damages which may be awarded against the Client by a court decision that has became final and has demonstrate an infringement of copyright or patent attributable to such Software as an exclusive basis. The above provisions are subject to the following express conditions:

– The Client has promptly notified the infringement action or declaration that preceded said action, and

– The Publisher has been able to freely defend its own interests and those of the Client and, to this end, the Client has worked loyally in said defence by providing all the elements, information and support necessary for carrying out such a defence in a timely manner. In the event where the prohibition of use of all or part of the elements would be imposed as a result of an infringement action or due to a transaction entered into with the plaintiff in the infringement action, the Publisher shall endeavour at its option and expense:
o to obtain the right for the Client to continue using the elements, or
o to replace the elements in order to avoid the said infringement.


Any request for information or clarification, or complaints regarding the the Order must be addressed to the Publisher through the Site by sending an e-mail to the following address:

The complaint shall be answered within a period of seven (7) working days by e-mail, or by letter if specifically requested by the Client.

If at the end of this period, the Client has not received a satisfactory reply, it may send a second request in the form of notification by registered letter with acknowledgement of receipt. His request shall be processed within one (1) month of receipt of said notification.

All correspondence sent to the Publisher by e-mail or letter by the Client must state their first and surname, e-mail address and the Order reference in order to make it possible to identify them and process their requests. Incomplete requests will not be processed by the Publisher.


The Publisher may automatically terminate the license due to breach by the Client of any of its obligations, if said latter does not remedy such breach within a period of eight (8) days of receipt of notification by the Publisher, sent by registered letter with acknowledgement of receipt, without further notice or judicial formality. The termination shall take effect upon expiry of the period specified above.

Upon termination, all rights to the Software that were granted hereunder and by the licence of use shall immediately cease and Client shall, at its expense and in a timely manner, destroy or return all copies of the Software and related documentation to the Publisher.

At the Publisher’s request, the Client shall certify by means of a written document signed by its authorized representatives, that it has, in good faith, taken all appropriate steps for the original Software be returned to the Publisher along with all copies of all or parts of the Software in any form whatsoever, including, including partial copies.


Neither the Publisher nor the Client shall be held liable vis-à-vis the other for the non-performance or delay in performance of any obligation hereof to be carried out by the Publisher or the Client subsequent to the occurrence of an event of force majeure within the meaning of Article 1148 of the Civil Code.

The following are specifically considered as cases of force majeure or acts of God, in addition to those normally accepted according to the jurisprudence of French courts and tribunals: the interruption of telecommunications, including telecommunication networks, full or partial strikes, lock-outs, riots, civil unrest, uprisings, civil or foreign wars, nuclear risk, embargoes, confiscation, capture or destruction by any public authority, inclement weather, epidemics, the blocking of means of transport or the supply chain for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or public policy modifications of the forms of selling, computer failure, any consequences of technological developments that are not foreseeable by the Publisher, and which challenge the norms and standards of its profession and any other circumstances that are unforeseeable, unstoppable, and beyond the control of the Parties and which prevent the normal fulfilment of their reciprocal obligations.


13.1. Tolerance

The fact that the Publisher does not at any given moment exercise any one of the stipulations whatsoever of the present General Terms and Conditions, and /or tolerates a breach of any one of the obligations mentioned herein by the Client, may not be interpreted as constituting waiver by the Publisher of subsequent exercise of any one of the said Terms and Conditions.

13.2. Severability

The invalidity of any provision hereof, notably in application of a law, regulation or subsequent to the decision of a competent court which has the force of res judicata shall not bring about the invalidity of the remaining provisions, which shall keep their full effect and scope.

13.3. Titles

The titles of articles in the General Terms and Conditions of Sale are only intended to facilitate reference and do not have any contract value or significance by themselves.


14.1. Applicable Law

The present General Terms and Conditions of Sale are exclusively governed by French law to the exclusion of any other law, even in the presence of Clients who are residents or nationals of foreign countries.

14.2. Language

The official language hereof is French. The use of any language is only informative. In case of difficulty relative to the construction hereof, the Parties shall refer exclusively to the French text.

14.3. Election of Domicile

For execution hereof and their consequences, the Parties shall respectively elect domicile at their registered office stated on the Quote. Any change of registered office or address of a Party shall be enforceable against the other Party eight (8) days after having been duly notified by registered letter with acknowledgement of receipt or digitally signed e-mail.

14.4. Dispute Resolution

All disputes relating to the validity, interpretation, execution, or non-execution of these General Terms and Conditions of Sale governing the relationship between the Parties shall be submitted prior to any judicial proceeding, to a conciliator or conciliators, each Party designating one, unless agree is made on the choice of one only.

To this end, in case of dispute, one of the Parties shall notify the other Party by registered letter with acknowledgement of receipt of the proposed conciliator’s name, the other Party shall have eight (8) days to notify the person it designates; no reply within that period shall be valid as agreement of the second Party of the choice of the conciliator selected by the first Party.

In the event of proven default of the Party addressed in accepting the notification by registered letter with acknowledgement of receipt, or collecting it at a post office, then notification may be made by any means.

Within a maximum of three (3) months of their appointment, the conciliator(s) shall endeavour to settle the difficulties that will be submitted to them and get the Parties to accept an amicable solution.

Whatever the outcome of said mutual arbitration, the conciliator(s) shall draft and sign the minutes of the conciliation or non-conciliation.

In the absence of such an agreement in a timely manner, and subject to production of the minutes of non-conciliation, the dispute will be brought before the Commercial Court of the registered office of the Publisher, which must view the minutes duly signed for judging the dispute on the date of the summons.

The present clause applies, unless provided otherwise by public policy, and without prejudice to the rights of the Publisher to engage legal action against anyone who violates its rights in a court that would have jurisdiction in the absence of the clause mentioned above.