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Bonitasoft Website Legal Terms of Use

Bonitasoft's terms and conditions which govern overall use of the Bonitasoft, and of the content available on the site.  

Please read carefully before using this website: The following terms and conditions (“Terms of Use”) govern your use of the Bonitasoft (“Bonitasoft”) Website (the “Site”), and of the content available on the Site.  By using the Site and/or any information, content or materials made available on the Site, by posting any content on this Site, you irrevocably agree that such use is subject to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site.

These Terms of Use can be reviewed at any time by Bonitasoft. In the event of changes, the Terms of Use are those in force on the date of use of the Site. Any modification of the Terms of Use shall be sent to the User one month before it enters into force. If the User does not agree with the modification, he/she cannot use the Site after the date such modification has entered into force.  
 

 

1. Site Content

(a) Bonitasoft Content: Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on or from this website (collectively, “Bonitasoft Content”) are the copyrighted works of Bonitasoft, and Bonitasoft expressly retain all right title and interest in and to the Bonitasoft Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Use, any use of the Bonitasoft Content may violate copyright and/or other applicable laws.
 

(b) Limited Site Content License: Except as provided in Section 1.4 below, Bonitasoft grants you the limited, revocable, non-transferable, non-exclusive right to use the Site, the associated Bonitasoft Content and the User Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site under the condition that (i) such activity is solely for your personal, education or other non-commercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format.

(c) User : User means you or any person using the Site or any content available on the Site whatsoever. 

(d) User Content:  if you elect to display, post, submit or otherwise make available to others, on the Site any content or works of authorship, including, without limitation, images, software, audio files, text, or any other materials (collectively, “User Content”), you hereby grant to Bonitasoft, under the provisions set forth in the Creative Commons Attribution-Share Alike 4.0 International Public License (the “CC by-sa 4.0 International License”), a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute such User Content, for any purpose. In addition, you hereby irrevocably represent and warrant to Bonitasoft that (i) you have all necessary power, authority, right, title and/or licenses to grant to Bonitasoft the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Site, and the exercise by Bonitasoft of the foregoing license does not and will not (1) violate any law or (2) infringe any intellectual property right of any third party. You hereby irrevocably agree to indemnify, defend and hold Bonitasoft, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses arising out of or related to any third party claim resulting from a breach of the foregoing representations and warranties. 

(e) Software: To the extent that the Site contains Bonitasoft Content that is software available for download ("Software"), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a “License Agreement”) accompanying, provided with, linked to or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement. ANY SOFTWARE AVAILABLE ON THE SITE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, OR TO THE EXTENT NOT PERMITTED UNDER APPLICABLE LAW, BONITASOFT EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

(f) Trademarks: All trademarks, service marks and logos included on the Site (“Marks”) are the property of Bonitasoft , and you may not use such Marks without the express, prior written consent of Bonitasoft.

(g) Monitoring of User Content: Bonitasoft may, but is not obligated to, monitor User Content and your use of the Site. Bonitasoft reserves the right to accept, reject or modify any User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any User Content.

 

2. Your Use of the Site

(a) Submission of User Content: In connection with your use of the Site, you agree not to submit any User Content which (i) is unlawful, (ii) violates any right of publicity or invades the privacy of others, (iii) constitutes obscene, pornographic, indecent, profane or otherwise objectionable material, (iv) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (v) is libelous or defamatory (vi) violates any applicable law or government regulation.
Bonitasoft, acting as hosting provider, undertakes to quickly delete any User Content infringing third party rights, or which is illegal, racist, libellous, denigrating, injurious or contrary to standards of good behaviour, subject it has been notified under the terms and conditions set forth in article 6-I-2 of the French Digital Economy Act of 21 June 2004, or as requested by any enforceable legal provision on the date of notification..

(b) Prohibited Conduct: You may not use the Site to post, transmit or link to (i) any advertisement, promotional materials or solicitation related to any product or service whatsoever or (ii) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses. You may not deploy to the Site any robot, spider, site search/retrieval application, or other application designed to retrieve, index, "data mine," information from the Site.

(c) Registered Users: If you become a registered user of the Site in order to gain access to support or other limited access parts of the Site, you agree (i) that the information you provide to Bonitasoft in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that Bonitasoft reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use the Site to any third party without the prior written consent of Bonitasoft and (iv) not to permit any third party to use your user name and password to access the Site. You further agree that you are responsible for the conduct of any party that uses your user name and password , whether or not authorized by you, and for any breach of the security of the Site related to the use of your user name and/or password. 
Bonitasoft is entitled to suspend the User’s access to the Site at anytime and without notice, further to the infringement of these Terms of Use
Further to the suspension of the User’s access or following a material breach by the User of his/her obligations under these Terms of Use, and subject the breach has not been cured within seven days after delivery by Bonitasoft of a formal notice sent to the User’s email address, Bonitasoft shall be free to forbid definitely the User to access to the Site, without any legal formality and with immediate effect, without prejudice to any claim for damages Bonitasoft may have against the User. 
Restriction of access to the Site for whatever reason does not give rise to the User to any compensation of any kind.
Further to the termination for whatever reason, the User must take all the relevant measures for saving his/her Content. In no case, Bonitasoft shall be held liable if the User has forgotten to save his/her content.

(d) Indemnification: You hereby irrevocably agree to indemnify, defend and hold Bonitasoft, its affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to your use of the Site.

(e) Export Control: You hereby represent and warrant that you understand and acknowledge that some Site Content may be subject to export, re-export and import restrictions under applicable law, (ii) you will not use the Site or any Site Content in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods
 

3. Linked Websites

The Site may contain links to other websites that are not owned or operated by Bonitasoft, and you agree that Bonitasoft provides links to such websites solely as a convenience and has no responsibility for the content or availability of such websites, and that Bonitasoft does not endorse such websites or any products or services associated therewith. Your use of such websites will be subject to the terms of use applicable to each such website.

 

4. Disclaimer of Warranties and Limitation of Liability

(a) Warranty Disclaimer: THE SITE AND THE SITE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BONITASOFT MAKES NO WARRANTY THAT THE SITE OR THE SITE CONTENT IS COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. BONITASOFT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, AVAILABILITY OF THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE SITE CONTENT RESTS WITH YOU AND BONITASOFT MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE AVAILABILITY WILL BE UNINTERRUPTED, OR THE SITE AND/OR THE SITE CONTENT WILL BE ERROR FREE.

(b) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, YOU AGREE THAT BONITASOFT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF BONITASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
 

5. Privacy

You acknowledge that you have read, understand and agree to Bonitasoft’s Privacy Policy located here.

 

6. Location of Site and your Use

Bonitasoft operates or controls the operation of this Site from offices in Paris, Grenoble, France, New York and San Francisco, California, USA. Bonitasoft makes no representation or warranty that all of the features of this Site will be available to you from specific countries, or that they are permitted to be accessed from any country. You acknowledge that you are solely responsible for any decision by you to use of this Site from your locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

 

7. General

These Terms of Use constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms of Use supersede all prior or contemporaneous discussions, proposals and agreements between you and Bonitasoft relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Use will be effective unless in writing and signed by an officer of Bonitasoft. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to affect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by Bonitasoft may be implied from any actions or failures to enforce rights under these Terms of Use. These Terms of Use are intended to be and are solely for the benefit of Bonitasoft and you and do not create any right in favor of any third party. These Terms of Use will be governed by and construed in accordance with the laws of France. In the event of a dispute, if no amicable settlement can be reached, any question pertaining to the validity, interpretation or performance of these Terms of Use shall be of the exclusive jurisdiction of the relevant Court of the Paris Court of Appeal (France)  or to the Court designated by the mandatory rules related to a litigation between a professional and a consumer.

 

8. Legal Notices

The website https://www.bonitasoft.com is edited by BONITASOFT SA, 76 BOULEVARD DE LA RÉPUBLIQUE, 92100 BOULOGNE-BILLANCOURT, registered at the Nanterre RCS under number 512 854 514, 
Contact : marketing@bonitasoft.com
VAT N°: FR91512854514
Publication Director : C. Winqwist
Hosting service provider : OVH, 2 rue Kellermann - 59100 Roubaix - France - +33 9 72 10 10 07