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GENERAL
CONDITIONS FOR USE OF THE SITE
ARTICLE 1 - DEFINITIONS
User : Any physical or moral person visiting the "
SOFTDATABASE.COM " site.
Site : SOFTDATABASE.COM Internet Site situated at the URL www.softdatabase.com.
Services : All services offered by SOFTDATABASE.COM on the
Site.
ARTICLE 2 - DECLARATIONS
In visiting the SOFTDATABASE.COM Site, the user recognises
that he has :
- to be aware of the principle as much as the nature and
functioning of the Internet, whose features and
limitations he accepts, especially with regard to response
times for consultation;
- to be aware of the fact that data sent over the Internet
are not protected against possible redirection or hacking
and consequently communication of any information is done
at the User's own risk;
- to be aware of the fact that despite all the precautions
taken by SOFTDATABASE.COM, some viruses may be introduced
by third parties on the Internet and to recognise as a
consequence that he should take all proper measures to
assure the protection of the software data stored on his
IT equipment;
- to be aware of the existence of a code of ethics
developed by the Internet user community whose violation
by the User could lead to his exclusion from the other
services available on the Internet, for which
SOFTDATABASE.COM cannot be held responsible.
The User undertakes expressly to respect and abide by the
laws, rules and particularly the rights of the person, the
rights of the publisher, the rights of the owners of
distinctive signs and to be able, at any moment, upon
simple written demand from SOFTDATABASE.COM, to provide
proof of the existence of the checks that he has carried
out, if necessary by sampling, and the efforts that he has
made since being made aware of any damage to the rights of
a third party in order to put an end to this damage as
well as the professional code of ethics recommendations
that appear in the Internet Community.
The User declares that he has read and accepted the
present General Conditions of Use.
ARTICLE 3 - OBJECTIVE
The objective of the present General Conditions of Use is
to define the modes and general conditions under which the
User will be able to visit the Site and take advantage of
the non transferable services, it being made clear that any connection to
the Site and to the Services is subject to the respect of
the dispositions of the present General Conditions of Use.
ARTICLE 4 - ACCESS TO THE SERVICES
Access to the Services is possible 24 hours a day, 7 days
a week, except in the case of force majeure, as a result
of a third party and/or works and interventions necessary for the proper functioning of the
Services.
There is no limit to the duration of the connection time
available to the User in order to manually consult data
and records included in the database. However, any
automated downloading of SoftDatabase information is
strictly prohibited. This will be considered as an act of
piracy and will be subject to disclosure and to legal
action. Any attempt to automatically download SoftDatabase
information will result in the clients access to the
database being removed and the retention of the clients
fee.
SOFTDATABASE.COM may find it necessary to
interrupt the Services or a part of the Services for maintenance reasons, without
having to indemnify the User.
ARTICLE 5 - RESPONSIBILITY
SOFTDATABASE.COM is committed to supplying the User with
the services that conform with the rules of its profession
and for this purpose has at its disposal the appropriate
equipment and competent operations staff. SOFTDATABASE.COM
is only bound by an obligation of means and in no case can
it be held responsible for indirect prejudices, such as
commercial prejudice, loss of customers, loss of orders,
any commercial discord whatsoever, loss of earnings, loss
of brand image.
Any action directed towards the User by a third party
constitutes an indirect
prejudice and, as a consequence, does not give the right
to compensation. In the case of force majeure or of events
outside his control, in particular in the case of an
interruption to the access networks or the networks
accessible through the Services or the failure of the
receiving equipment or the line from the User,
SOFTDATABASE.COM can take no responsibility for the loss
of data or all the transactions made via the Services for
the acquisition of goods or services or of any other
prejudice.
In addition to the points described in article 2 "
Declarations " for which the User recognises in
particular that SOFTDATABASE.COM cannot in any case be
held responsible for any prejudice whatsoever, whether
tangible or intangible, direct or indirect such as the
loss of customers or turnover, as a result of erroneous
studies, or the loss of these data, it is made clear that
the User is solely responsible for any prejudice, direct
or indirect, tangible or intangible caused by himself or
one of his employees to SOFTDATABASE.COM or to third
parties resulting from his use of the Services. The User
may be ordered to pay compensation to SOFTDATABASE.COM as
a result of the prejudices caused;
SOFTDATABASE.COM is freed of any responsibility in the
event of the use of Services that do not conform with the
present General Conditions;
SOFTDATABASE.COM cannot be held responsible in the event
of legal actions against the User resulting from the use
of the Services and any service accessible via the
Internet ;
SOFTDATABASE.COM cannot in any case be held responsible
for the content of the Web sites and the information
consulted over which SOFTDATABASE.COM has no control, nor
the nature of the data examined and/or transferred;
ARTICLE 6 -MODIFICATIONS
The general conditions to be found on-line take precedence
over the printed general conditions.
ARTICLE 7 - VARIOUS DISPOSITIONS
At the option of SOFTDATABASE.COM the rights and
obligations of SOFTDATABASE.COM resulting from the present
General Conditions of Use can be transferred at any time
to a third party. If any one of the stipulations of the
present General Conditions of use is held to be invalid or
without purpose, it will be considered as not being
written and will not lead to the invalidation of the other
stipulations. |
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