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Au cœur des technologies logicielles de sécurité pour protéger les transactions, les communications, les contenus & applications des appareils mobiles et connectés

Conditions d'utilisation

Scope

1.1 Any use of this web site provided by Inside Secure, is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Inside Secure Web Site these Terms of Use are accepted in their then current version.

1.2 In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.

1.3 The User uses this Inside Secure Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer.

Services

2.1 This Inside Secure Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.

2.2 Inside Secure may stop the operation of the Inside Secure Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Inside Secure cannot accept any liability for the continuous availability of the Inside Secure Web Site.

Registration, Password

3.1 Some pages of the Inside Secure Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Inside Secure reserves the right to deny registration to any User. Inside Secure particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Inside Secure is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User

  • uses false data for the purpose of registration;
  • violates these Terms of Use or neglects its duty of care with regard to User Data;
  • violates any applicable laws in the access to or use of the Inside Secure Web Site; or
  • did not use the Inside Secure Web Site for a longer period.

3.2 For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to Inside Secure, is current at all times and an address at which the User can be contacted.

3.3 Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from Inside Secure into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.

3.4 The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Inside Secure thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5 After receipt of the notice under paragraph 3.4, Inside Secure will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Inside Secure or upon new registration.

3.6 The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Inside Secure will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.

Rights of Use to information, Software and Documentation

4.1 The use of any information, software and documentation made available on or via this Inside Secure Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Inside Secure. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.

4.2 Inside Secure grants User a limited, personal, non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Inside Secure Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Inside Secure in making same available.

4.3 Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Inside Secure shall make the source code available in return for the payment of costs.

4.4 Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

4.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

Intellectual Property

5.1 Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Inside Secure Web Site are the Inside Secure sole property and shall not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Inside Secure.

5.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

5.3 Inside Secure may, without charge, use any ideas or proposals stored by a User on the Inside Secure Web Sites for the development, improvement and sale of its products.

Duties of User

6.1 In accessing or using the Inside Secure Web Site the User shall not

  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or
  • contents are in breach of confidentiality obligations or unlawful; or
  • distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and
  • the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

6.2 Inside Secure may deny access to the Inside Secure Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

Hyperlinks

The Inside Secure Web Site may contain hyperlinks to the web pages of third parties. Inside Secure shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Inside Secure does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

Disclaimer of Waranty and Liability

8.1 Inside Secure disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, software or documentation displayed in the Inside Secure web site. Inside Secure disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information, software or information. Inside Secure disclaims any responsibility for any harm resulting from downloading or accessing any information, software or documentation on the Inside Secure Web Site.

8.2. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

8.3 The information on the Inside Secure Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

8.4. THE Inside Secure WEB SITE AND ALL INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE Inside Secure WEB SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Inside Secure EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Inside Secure DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Inside Secure WEB SITE. Inside Secure DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Inside Secure WEB SITE. UNLESS OTHERWISE AGREED, DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Inside Secure WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Inside Secure WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Inside Secure WEB SITE. UNLESS OTHERWISE AGREED BY Inside Secure, YOU UNDERSTAND AND AGREE THAT YOU ACCESS OR OTHERWISE OBTAIN INFORMATION? SOFTWARE OR DOCUMENTATION THROUGH THE USE OF THE Inside Secure WEB SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR ACQUISITION.

Other Liability, Viruses

9.1 The liability of Inside Secure for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of Inside Secure is excluded unless required by law or in cases of willful misconduct, gross negligence or personal injury or death

9.2 Although Inside Secure makes every endeavor to keep the Inside Secure Web Site free from viruses, Inside Secure cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

9.3 §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.

Export Controls

10.1 The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The User shall strictly conform with the import/export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. Inside Secure shall label information, software and documentation in relation to French and EU export control lists and U.S. Commerce Control List.

10.2 The User shall particularly check and verify that

  • the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology or weapons;
  • no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, software or technology of U.S. origin;
  • no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license; and
  • no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods;
  • no military consignees shall be supplied;
  • the early warning instructions of the respective French authorities shall be observed.

Access to software, documentation and information on the Inside Secure Web Site shall only take place if such conforms with the above checks and guarantees. Where the User does not comply with the above, Inside Secure shall not be obliged to perform.

10.3 Upon request Inside Secure shall inform the User of the relevant contact points for further information.

Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the Inside Secure Web Site, Inside Secure shall comply with applicable laws on data privacy protection and the Inside Secure Web Site Privacy Policy, which is available per hyperlink on the Inside Secure Web Site and/or on www.---.com.

Supplementary Agreements, Place of Jurisdiction, Applicable Law

12.1 Any supplementary agreement requires the written form.

12.2 The place of jurisdiction shall be Aix-en-Provence if the User is a merchant in terms of the French Commercial Code.

12.3 The individual pages of the Inside Secure Web Site are operated and administered by Inside Secure and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Inside Secure makes no representation that information, software and/or documentation on the Inside Secure Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Inside Secure Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Inside Secure Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Inside Secure, the User should contact the Inside Secure representative for the particular country for country specific business.

12.4 These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of France, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.