End user license for the website

Service: Financial Company Reports

1. Restrictions related to the use

1.1 The Information ALTARES - D&B (the “Information") to which you will have access through this Internet site is subject to an User License which will be granted to you as an « End User » by ALTARES - D&B, exclusively for your own internal purposes. This license is non-exclusive, it cannot be transferred, it is time-limited and it is subject to the restrictions stipulated and stated herein. The End User commits himself/herself to not inquire information and to not diffuse this information for the use of third parties, including parent companies, branch companies, affiliated entities, franchises or an agent of the End User, and will make sure that this situation will not happen. The End User will not diffuse any of this information to a third party in any way, unless being under the obligation of the law and after having informed ALTARES - D&B, or at least after having obtained a prior written authorization from ALTARES - D&B.
1.2 In particular, the End User commits himself/herself to not use the information in relation to consulting services or recommendations to a third party, he/she will not publish the information in the media, will not incorporate or use the information in a database or a marketing directory which can be given to a third party, will not use this information to create statistical databases that can be given to a third party, will not use this information or allow its use for the purpose of preparing cross reference or any other means that can provide the information to a third party, will not generate this information in judicial or administrative procedures including screening communications procedures without having obtained a written authorization from ALATARES – D&B unless being under the obligation of the law and after having informed ALTARES – D&B. Moreover, the End User cannot use the information but for the sole specific transaction for which the information was originally requested.

2. Limitations of use

2.1 The End User is committed not to reproduce, modify, rerun nor commercialize the information for a third party, neither partially nor totally, directly or indirectly by any support such as by means of insertion on a database, a commercial list, a report or any other. It is also forbidden to use or allow the usage of the information for the purpose of creating statistical databases or any others, to be provided or intended to be shared with a third party (including in the form of a recommendation to another), and to establish a comparison with other database to be provided or intended to a third party. It is also forbidden to communicate in a voluntary basis the information in the framework of a legal action.
2.2 The End User is forbidden to use the information with the intention of performing unethical or dishonest practices. He/she commits himself/herself to use the information under the strict respect of the law and its applicable regulations including those related to telemarketing, campaigns (including soliciting by fax or e-mail), data and private life protection. In particular, the End User accepts to comply with the legal obligations under the Law n° 78-17 of January 6, 1978 in accordance to the data protection law, files and civil liberties as amended by the Law n° 2004-801 of August 6, 2004 to ensure the protection of individuals in regards to the protection of personal data as well as its application.

3. Responsibility

3.1 ALTARES - D&B is bound by an obligation of due care. On this capacity, ALTARES - D&B commits itself to use rigorous procedures and to implement all the measures required by the business practices to keep its database up-to-date and provide accurate information; nevertheless, the End User must be aware that the information could contain a certain margin of error. He/she should, in any case, verify the accuracy of the information which he/she expects to use. The information provided exclusively for the End User, is to be used only as indicators and it does not ever offer a guarantee, its purpose is only to guide the Client on his/her personal analyses. Therefore, the End User assumes a total responsibility of the usage of the information provided by ALTARES - D&B.
3.2 All the information is provided « as is ». Unless expressly stipulated otherwise in this Contract, ALTARES - D&B does not guarantee the exactness, the exhaustiveness, the freshness or the potential for a particular use of the information.
3.3 ALTARES - D&B will not be responsible for any loss caused by the service, compiling, collection, interpretation or delivery of the information; under any circumstances ALTARES - D&B can be blamed as being responsible for any direct or indirect injury or harm, notably financial losses or shortfalls which could be caused from the usage, the analysis, the interpretation and/or the diffusion made by the End User from the information provided by ALTARES - D&B or that could result from inaccuracy, errors, obsolesces or omissions that the information could contain as a result of an error or a negligence (with the exception of a serious offence or a deception) from the part of ALTARES - D&B, of one of its officers, or one of its representatives, or any other event that could escape from the control of ALTARES - D&B, and also under the hypothesis that ALTARES - D&B could have been expressly informed of the usage that the End User intends to do with the information provided.

4. Various

4.1 The term of the license, in relation to any of the information or any of the elements reported, is of one year starting from the date on which the End User acquires this information. At any moment, ALTARES – D&B has the right to make modifications to this End User license, and if the End User continues to use the information after these modifications to this license have been made, this will constitute the acceptance of these modifications. ALTARES - D&B can terminate the End User License thirty (30) days after having sent a notification by the Client either by mail or by e-mail to the End User or in the case of a violation of this License or any other contract with ALTARES – D&B performed by the End User, immediately after having sent a notification by mail or by e-mail from the Client to the End User. This End User Licence expires one year after the date on which the End User obtains the last element of information under the rights of this licence.
4.2 This Contract is governed and interpreted according to the French law. For any litigation in relation to its interpretation or/and its execution and/or its validity, the Court of Justice of Nanterre will be the only jurisdiction qualified to deal with this matter, even in the case of several defendants or claims in summary proceeding actions.