General Conditions of User ( réf. ITF-AJ-0103-08 )

This document (hereinafter referred to as “General Conditions of User” or “GCU”) describes the terms and conditions of consultation of the http://catalog.infoterra.fr web site by any user (hereinafter referred to as the “User”). Please read carefully the terms and conditions contained herein. The Web Site is controlled by Infoterra France, a Société par Actions Simplifiée registered under laws of France, located at 31 rue des Cosmonautes, 31402, Toulouse (hereinafter referred to as “Infoterra”). Infoterra and the User may be hereinafter referred to singularly as the “Party” or collectively as the “Parties”.

1. Acceptance
1.1 By accessing and using the Web Site, the User agrees to be bound by the terms and conditions of the GCU set forth below.

1.2 If the User doesn't agree to the terms of the GCU, the User is not authorized to consult any information included on the Web Site.

2. Definitions
For purpose of this CGU, the following capitalized terms shall have the meaning ascribed to them below :
2.1 Catalog :means the description of Products.

2.2 General Conditions of user or “GCU”: means the conditions of consultation or of use of the Catalog available on the Web Site.

2.3 Product : means geographical data produced and/or owned or distributed by Infoterra and related documentation.

2.4 Purpose : means the use of the Web Site in order to consult the Catalog.

2.5 User : means any person who uses the Web Site and consults the Catalog on the Web Site.

2.6 Web Site : means http://catalog.infoterra.fr web site.

3. Ownership
3.1 The User hereby agrees that Infoterra and/or its providers shall have the sole and exclusive title to and ownership of all Products -and any other right acquired by Infoterra from the owners-, which are used on the Web Site and all copyright and expertise, related to their design, trade secret, patents, satellite images and other intellectual property rights therein and in any graphic or other representation thereof.

3.2 All Infoterra intellectual property rights with the design use or production of any part of the Web Site are and remain the sole and entire property of Infoterra and/or its providers.

3.3 No Product may be reproduced, copied, transferred, sold and/or distributed, unless it has been expressly agreed in writing and in advance by Infoterra.

3.4 The access to the Catalog through the Web Site is free of charge. Consequently, Infoterra reserves the right to modify or interrupt without notice the access to the Web Site.

4. Copyright
4.1 All Product included in the Web Site is copyrighted by Infoterra and/or its providers and copying of the said Product is expressly prohibited except as indicated below in Article 6 Right of Use.

4.2 Trade name and trade marks
●The trade marks, services marks and logos displayed on the Web Site are the property of Infoterra.
●Trade name and trade marks
Infoterra™                              
Infoterra Logo®
ISTAR™
ISTAR® Logo
Urban View  ™                     
City View ™
Region View ™     
Natural View ™

All other trade marks are the property of their owners and should be treated as such.

5. Confidentiality
5.1 The User acknowledges that through the Web Site he may obtain direct access to confidential information relating to databases belonging to Infoterra and its providers such as but not limited to Product, Catalog, technical, marketing and other valuable information.
The User must hold information in strict confidence and undertakes not to divulge any Confidential Information to any third party.  The User may use it solely for the consultation and evaluation of the Catalog either as an individual or on behalf of its employer.

5.2 The Confidential Information shall not include information that a Party can prove:(i) is now or later becomes generally available to the public without fault of the User who received such information from Infoterra; (ii) was rightfully in User’s possession prior to its disclosure by Infoterra ; (iii) is independently developed by User without the use of any Confidential Information of Infoterra; or (iv) is rightfully obtained by User from a third party who has the right to disclose it.

5.3 Any breach of this commitment shall result in irreparable harm to Infoterra for which damages would be inadequate remedy and in addition to its rights and remedies available at law; Infoterra shall be entitled to equitable relief if such breach occurs.




6. Right of use
6.1 For the Purpose, Infoterra grants to the User a non-exclusive, personal, non-transferable and non-assignable right to use the Web Site for the consultation duration.

6.2 The User agrees not to change or delete any proprietary notices from the Web Site.

6.3 All rights to reproduction are reserved; including those for the Products and for the documentation related to the Products available for download (all rights not expressly conceded are reserved).

6.4 The Products made available from the Web Site are strictly limited to the following conditions:
● The User agrees not to modify, decompose, adapt, translate, and create derivative works based on Products and/or services contained in the Web Site in whole or in part. The Products are intended solely as information for Users.
● Any copying, re-distribution, re-transmission or publication of any Product is strictly prohibited without the prior written consent of Infoterra.

6.5 Nothing on the Web Site shall be construed as conferring any license under any of Infoterra’s or any provider's intellectual property rights whatever.
The User acknowledges its responsibility for obtaining such licenses.

6.6 The User is entitled to proceed to evaluation and consultation of the Catalog. In the case User is interested in a Product User shall contact the Infoterra’s commercial service’s of the Web Site in order to obtain a commercial proposal.

7. Warranties and Liabilities
7.1 Infoterra doesn't warrant that the Products on the Web Site are available for the purpose in other locations than France and accessing from any territories.

7.2 All Product, information, documentation of the Web Site are provided on an "AS IS" basis, without any other warranties or representations or endorsement express or implied and Infoterra expressly disclaims and the User expressly waives any and all warranties, express or implied, arising by law, custom or usage of trade or otherwise, including but not limited to the fitness for a particular purposes with regard to any merchandise, information, documentation provided through the Web Site or on the Internet, generally.

7.3 INFOTERRA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE. IT IS THE USER RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF PRODUCT AND OTHER INFORMATION PROVIDED THROUGH THE WEB SITE OR ON THE INTERNET GENERALLY.

7.4 IN NO EVENT SHALL INFOTERRA BE LIABLE FOR(i) ANY DIRECT PREJUDICE AND/OR INDIRECT PREJUDICE AND INCIDENTAL CONSEQUENTIAL OR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION AND THE LIKE)ARISING OUT OF THE USE OF OR INABILITY TO USE ANY OF THE INFORMATION ON THE WEB SITE OR DOWNLOADED OR HYPERLINKED FROM THE WEB SITE, EVEN IF INFOTERRA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR(ii) ANY CLAIM RESULTING FROM ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE AND/OR PRODUCT OR INFORMATION DOWNLOADED THROUGH OR FROM THE WEB SITE, TO THE GREATEST EXTEND PERMITTED BY LAW.

7.5 Those who choose to access the Web Site from other locations do so on their own behalf and are responsible for compliance with local laws.

8. Collection and processing of personal information
8.1 The personal information of the User will only be stored in Infoterra’s databases if the User shares them willingly, for instance by filling out a questionnaire or contacting Infoterra by e.mail.

8.2 In accordance with the provisions of the French law concerning data protection (Loi Informatique et Liberté), the User has the right to consult, correct and object to any personal data concerning him/her, which is used to process his/her request. To exercise his rights, the User may contact Infoterra’s web content manager at the following address: websales (at) infoterra.fr.

8.3 Infoterra may at some stage communicate User’s personal data to other companies, located within or outside the territory of European Union, for marketing and prospecting purposes, for the operation of Infoterra Site and/or to permit the performance of User’s request. The User may however ask Infoterra not to do so by contacting web’s Infoterra content manager at the following address : websales@infoterra.fr.

 

9. Jurisdiction and Applicable Law
9.1 Any dispute between the User and Infoterra arising in relation with the use of the Web Site in the frame of the GCU shall be settled under the Courts of Toulouse, France.

9.2 The applicable law shall be French law.

10. Miscellaneous Provisions
10.1 In the event that any of the provisions herein became and/or were shown to be null and void as a result of regulations and/or legislation, said provision would be considered as non-existent without this affecting the validity of the other clauses. The Party concerned agree as of now to envisage, should the case arise, the replacement of the said null and void provision by a new one, whose economic content would be as close a possible to that of the original provision.

10.2 The obligations of Article 3 (Ownership), Article 4 (Copyright), Article 5 (Confidentiality), Article 7 (Warranties and liabilities) and Article 9 (Jurisdiction and Applicable Law) shall be permanent, as well as any other provisions which by their meaning are intended to so survive.
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