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TERMS

THANK YOU FOR HAVING CHOSEN OUR AGENCE-EXCLUSIVE SOFTWARE SELECTION. EVERY TIME YOU (THIS AFTER THE "USER") USE THE SOFTWARE OF AGENCE-EXCLUSIVE (BELOW AND ALL THE TIME AFTER THE AGENCE-EXCLUSIVE " SOFTWARE ") AND/OR ANY SOFTWARE OF THIRD COMPANY THROUGH THE SOFTWARE AGENCE-EXCLUSIVE, YOU AGREE TO RESPECT THE FOLLOWING TERMS AND THE CONDITIONS (BELOW THE " GENERAL CONDITIONS ").

BY DOWNLOADING FREE OF CHARGE THIS SOFTWARE YOU WILL ALSO BENEFIT IN SITE UNDER OF A SELECTION OF THE BEST OFFERS ON INTERNET.

1: COMPUTING AND LIBERTIES

ACCORDING TO THE LAW N°78-17 OF JANUARY 6TH, 1978 RELATIVE TO COMPUTING, TO FILES AND TO LIBERTIES, SUCH AS MODIFIED BY THE LAW N°2004-801 OF AUGUST 6TH, 2004, RELATIVE TO THE PROTECTION OF THE PHYSICAL PERSONS TOWARDS THE PROCESSINGS OF DATA WITH PERSONAL CHARACTER, IT IS SPECIFIED THAT:

- THE INFORMATION COMMUNICATED BY THE USERS WILL BE KEPT IN A DATA FILE BELONGING TO THE COMPANY AGENCE-EXCLUSIVE AND MAY BE COMMUNICATED TO THE COMMERCIAL PARTNERS OF AGENCE-EXCLUSIVE, AND/OR TO ANY THIRD PARTY TO ALLOW THE SUPPLY OF THE SERVICES PROPOSED BY AGENCE-EXCLUSIVE AND/OR TO INSURE THE ADVERTISING AND THE PROMOTION OF PRODUCTS OR SERVICES AND/OR TO INTRODUCE PRODUCTS OR SERVICES SUSCEPTIBLE TO INTEREST THE USER.

- EVERY SUBSCRIBER HAS AN ACCESS, OPPOSITION AND RECTIFICATION RIGHT ON THE INFORMATION WHICH HE SUPPLIED WITHIN THE FRAMEWORK OF THE REGISTRATION DURING THE DOWNLOAD OF SOFTWARE AGENCE-EXCLUSIVE BY SENDING HIS REQUEST BY MAIL TO: AGENCE-EXCLUSIVE, 25, RUE DE PONTHIEU 75008 PARIS – OR BY EMAIL TO THE ADDRESS: contact@agence-exclusive.com .

AS A CONSEQUENCE EVERY USER CAN REQUIRE FROM AGENCE-EXCLUSIVE THE COMMUNICATION OF HIS PERSONAL INFORMATION,OR CLARIFIED.
THE USER CAN DISPOSE OF ALL THE INFORMATION RELATIVE TO THE RESPECT OF DATA AS A PERSONAL CHARACTER ON THE WEB SITE OF THE NATIONAL COMMITTEE OF COMPUTING AND LIBERTIES (CNIL) AT THE FOLLOWING ADDRESS: http://www.cnil.fr

 

2: PROSPECTION ON THE USER’S PHONE

THE USER AGREES TO RECEIVE FROM THE AGENCE-EXCLUSIVE AND/OR FROM HIS PARTNERS OFFERS ON HIS CELLULAR BY SMS OR MMS.

 

3: TRANSFER OF PARTICULARS DATA

THE DATA COMMUNICATED DURING THE DOWNLOAD OF THE SOFTWARE AGENCE-EXCLUSIVE CAN BE GIVEN UP TO ANY THIRD PARTY. YOU CAN SET AGAINST IT BY WRITING TO: AGENCE-EXCLUSIVE, 25, RUE DE PONTHIEU 75008 PARIS – OR BY EMAIL TO: contact@agence-exclusive.com.

 

4: RIGHTS AND DUTIES OF THE SOFTWARE USER

The AGENCE-EXCLUSIVE software are provided you with free of charge for an exclusively non-commercial use. It means that you can use them at your home and/or on your workplace. You declare expressly that if you install the AGENCE-EXCLUSIVE software on your workplace, this operation is not made in contrariety with the safety policy of your employer and that you are authorized by your employer to download AGENCE-EXCLUSIVE software on your workstation.

On the other hand, you have to obtain the prior authorization of AGENCE-EXCLUSIVE to sell AGENCE-EXCLUSIVE information, services or software, whatever they are, associated in, or diverted from the Software AGENCE-EXCLUSIVE, or still if you wish to modify, to copy (except authorizations mentioned below), to supply under license or to create works derived of AGENCE-EXCLUSIVE software.
If you are in this case, we invite you to send us an email to the address: contact@agence-exclusive.com. Besides, you are not authorized to use the AGENCE-EXCLUSIVE software in conditions that are susceptible to damage, to deactivate, or overload the computer system of your company.
You can realize copies of the Software AGENCE-EXCLUSIVE and distribute these copies with other users of your company, under the condition that the concerned persons have the possibility of consulting and accepting the present General Conditions. If certain persons of your company have no this possibility and if you nevertheless wish to supply them these copies, you can if you are authorized to bind your company (and by extension the employees of your company to those General Conditions. If you are not authorized and if the concerned persons have no possibility of consulting and of making a commitment to respect the present General Conditions, we ask you not to copy the AGENCE-EXCLUSIVE software. If you have questions on the conditions of distribution of the Software AGENCE-EXCLUSIVE, please send us an email to the address: contact@agence-exclusive.com.
Do not hesitate to send us your comments and suggestions on the Software AGENCE-EXCLUSIVE to help us to improve them by sending an email to: contact@agence-exclusive.com.
By sending us your ideas or your suggestions, you automatically grant AGENCE-EXCLUSIVE and/or to the third concerned companies the right to use these ideas and to apply them to the Software AGENCE-EXCLUSIVE (or to another software of third company) without any financial compensation.
The AGENCE-EXCLUSIVE software and/or any software of third companies through AGENCE-EXCLUSIVE are supplied with components " Update " and "AGENCE-EXCLUSIVE". These modules are necessary to complete the installation of the Software AGENCE-EXCLUSIVE and/or any software of third companies through AGENCE-EXCLUSIVE. Within the framework of the installation of the Software AGENCE-EXCLUSIVE, the User accepts that the software component " AGENCE-EXCLUSIVE " who manages all the AGENCE-EXCLUSIVE services and the module of update " Update " is automatically settled on its computer.
Those components can create, on the screen of the User, advertising messages or other information on behalf of AGENCE-EXCLUSIVE or of third announcers (with whom AGENCE-EXCLUSIVE reached the corresponding agreements) with the aim of explaining the services proposed by AGENCE-EXCLUSIVE as well as the good mode of use, or any other service, promotions, and sales offers susceptible to interest the User.
The User accepts that the services proposed by AGENCE-EXCLUSIVE associated to the downloaded software and in particular the AGENCE-EXCLUSIVE software, can modify the parameters of Web browser (bookmark, homepage, tab).
Theses components remain active at any time in order to control and insure the supply of the service of AGENCE-EXCLUSIVE, and the other functions such as those described in the paragraph above. The User authorizes the fulfillment of the actions of these components as well as the display of commercials. The advertising messages and other information are easily recognizable and do not interfere in a consequent way with the other contents viewed by the User and/or with the performance of the computer of the User. The User authorizes the updates and/or the automatic installations of the Software AGENCE-EXCLUSIVE and any software of third companies through AGENCE-EXCLUSIVE.

It is always possible for you and at any time to uninstall the AGENCE-EXCLUSIVE software from your computer with the option " addition and deletion of programs " in the "configuration panel" of your operating system. The deinstallation of the Software AGENCE-EXCLUSIVE implies the deinstallation of all the software components beforehand installed. Consequently, if you wish to eliminate from your computer the AGENCE-EXCLUSIVE software, pay attention to delete both aforesaid component in addition to all AGENCE-EXCLUSIVE software.

 

5: INTELLECTUAL PROPERTY RIGHTS

You recognize that AGENCE-EXCLUSIVE and/or the concerned third companies are owners of all the rights, the titles and the interests relative to the Software AGENCE-EXCLUSIVE, or relative to the software of third company through the Software AGENCE-EXCLUSIVE, including, without limiting itself to it, all the Intellectual property rights.
"Intellectual property rights" indicate all the born rights or to be born in conformance with patents and certificates, with copyright, brands, drawings and models, secrets of business, the unfair competition, and more generally any property right, whether it is or not subjected to recording, as well as the requests of recording, renewals, extensions and restorations of such rights, all over the world. You agree not to modify, to adapt, to translate, to decompile, to dismantle or of no other way to try to reproduce the source code stemming from AGENCE-EXCLUSIVE software or from software of third companies through the Software AGENCE-EXCLUSIVE.
You also agree not to delete, to mask nor to modify the distinguishing features AGENCE-EXCLUSIVE and/or third companies concerned such as mentions of copyright, notes of registered trademarks or other notices of property rights were associated or were integrated into the Software AGENCE-EXCLUSIVE or third party companies.

 

6: GUARANTEE

AGENCE-EXCLUSIVE and any third company allowing the access to its software through the Software AGENCE-EXCLUSIVE will not accept responsibility as regards the damage susceptible to result from the download and/or from the use of the Software AGENCE-EXCLUSIVE and/or from any software of accessible third company through the Software AGENCE-EXCLUSIVE.
The AGENCE-EXCLUSIVE software and any software of third company through the Software AGENCE-EXCLUSIVE are supplied on "as is" without guarantee of no kind. AGENCE-EXCLUSIVE and any concerned third company excludes expressly and in all the measure allowed by the explicit, implicit and legal guaranteed applicable laws, including, without limiting itself to it, the guarantees of marketable quality, adequacy for a particular usage and non-violation of property rights. AGENCE-EXCLUSIVE and any third company allowing the access to its software through the Software AGENCE-EXCLUSIVE excludes any guarantees regarding safety and reliability, regarding opportunity and regarding performances of the Software AGENCE-EXCLUSIVE and the software of the aforementioned third company.
You declare to understand and to accept that you download and/or use the AGENCE-EXCLUSIVE software and any software of third company through the Software AGENCE-EXCLUSIVE has your own discretion and at our own risk, and that you remain solely responsible for possible damage caused in your computer system or for losses of data which could result from the download and/or from the use of the Software AGENCE-EXCLUSIVE and from any software of third company through the Software AGENCE-EXCLUSIVE. Certain jurisdictions and certain countries not authorizing the exclusion from the implicit guarantees, it is possible that the exclusions above do not concern you. It is possible besides that you arrange other rights, these varying according to the jurisdictions and according to the countries.

 

7: LIMITATION OF RESPONSIBILITY.

The responsibility towards the user regarding use or regarding incorrect use of the Software AGENCE-EXCLUSIVE or the software of a third company through the Software AGENCE-EXCLUSIVE could not be attributed to AGENCE-EXCLUSIVE or to the aforementioned third company.
The present limitation of responsibility has for object to prevent the complaints regarding direct, indirect, incidental, consequent, special, exemplary damage and compensatory damages – no matter if these complaints are based on a guarantee, a contract, damages (including carelessness) or other, and even if AGENCE-EXCLUSIVE and/or a supplier of third software was warned of the possibility of such damage.
This limitation of responsibility will apply whatever is the cause of the aforementioned damage: by use or incorrect use of the Software AGENCE-EXCLUSIVE and/or any software of a third company through the Software AGENCE-EXCLUSIVE, by the dependence towards the Software AGENCE-EXCLUSIVE and/or towards any software of a third company through the Software AGENCE-EXCLUSIVE, impossibility to use the AGENCE-EXCLUSIVE software and/or any software of a third company through the Software AGENCE-EXCLUSIVE, the interruption, the suspension or the definitive stop of the Software AGENCE-EXCLUSIVE and/or any software of a third company through the Software AGENCE-EXCLUSIVE (including damage undergone by one or several third companies).
This limitation of responsibility will apply even in case of failure of the main object of the possibly available limited appeals, and in all the measure allowed by the applicable laws.
Certain jurisdictions and certain countries do not authorize the exclusion or the limitations of responsibility for the incidental or consequent damage, it is possible that the above exclusions and the limitations do not concern you.

 

8: COLLECTION OF DATA FOR STATISTICAL PURPOSES.

In statistical purposes in particular to study the audience on the Internet, AGENCE-EXCLUSIVE can collect information concerning the addresses of web sites visited by the Internet user. This collected information is and remain totally anonymous, and allow on no account to connect them for one physical person.

9: LITIGATION.

AGENCE-EXCLUSIVE will cut supremely any dispute concerning the interpretation of the present regulation. It will be answered no phone request concerning the interpretation or the application of the present regulation.
The present General Conditions constitute the entire agreement between the parties in conformance with their object and replace any other previous or concomitant, oral or written agreement, concerning this object. Any renunciation of one of the measures of these General Conditions, whatever it is, can come into effect only if it is subjected in writing and if it contains the signature of a authorized person by AGENCE-EXCLUSIVE and/or a person in charge of a third company which allows the access to its software through the Software AGENCE-EXCLUSIVE.
JUNE 2013