End User License Agreement Cryptobox

This Ercom end user license agreement (thereafter « EULA ») is signed between Ercom SAS (“Ercom”) and yourself (also identified thereafter as the “End User”). It governs your use of the Cryptobox solution, (including any Cryptobox application edited by Ercom and installed by yourself on a terminal) to access the remote Cryptobox platform, store data shared by you or with you within the remit of its use (thereafter, all together, the “Solution”).

Please read carefully the following before accessing the Solution or using it. The provisions of this contract constitute a binding legal agreement between Ercom and yourself. You can only use the Solution because you have been designated as an End User by an entity that has signed a license agreement with Ercom or a distributor authorized by Ercom (thereafter the “Client”). Your acceptance of the EULA before any use of the Solution is required under the contract concluded by the Client, and you certify that you are authorized to legally bind the client to the present provisions as far as you are concerned.

By installing an application which gives access to the Solution from a terminal, by accessing the Solution (by using a mobile application or from a browser installed on a computer workstation, or through a dedicated PC or MAC client software) and/or by using the Solution in any way, you acknowledge having read and understood the present EULA and accept to be bound by its terms. Otherwise, you must uninstall any Cryptobox application and refrain from using the Solution.

The EULA is without effect on the license contract terms binding directly Ercom or an authorized distributor of the Solution to the Client.

1.          User rights

Subject to other EULA provisions, during the term of the applicable license, Ercom grants to the End Users of a Client a limited, non-exclusive, non-transferable license which cannot be granted as a sub-license, to use the Solution in object code only, and exclusively on behalf of the Client, in conformity with the applicable documentation provided by Ercom on the use of the Solution (thereafter the “Documentation”). The Client must use the Solution and the Documentation for internal purposes only. Any use of the Solution in a way not expressly authorized herein is strictly forbidden. The Solution is licensed only, and is neither assigned, nor transferred, nor sold.

In this EULA, the term Solution designates all the software elements in object code, graphic materials, and brands, composing the Solution and the corrections and updates thereof when provided by Ercom.

2.          Restrictions

The End User shall not : (i) use the Solution, in whole or part, in any other way than those expressly authorized in this EULA ; (ii) use whole or part of the Solution on equipment, products or systems not mentioned in the Documentation or through software (including Web browsers) not authorized or not recommended; (iii) modify (including by porting, adaptation, translation, and creation of derived work) all or part of the Cryptobox applications proposed by Ercom at the time of the installation to access the Solution from a terminal; (iv) use all or part of the Solution in a way contrary to applicable laws; (v) enable the use or the access to the Solution to individuals who cannot be considered as End Users, or to enable a person who cannot be considered anymore as an End User to continue using the Solution; (vi) publish or make available to third parties in any other way the results of the performance, functional or security evaluations of all or part of the Solution without the prior written authorization of Ercom; (vii) modify, dissimulate or remove the legal provisions contained in all or part of the Solution and (viii) use the Solution in connection with ultra-hazardous activities, or any activity for which failure or breakdown might result in serious damages to goods, death or grievous bodily injury.

3.          Title and ownership

4.          Client’s data

5.          Duration

6.          Warranties and liability

7.          Personal Data

On the other hand, when the Solution is hosted under Ercom control, the Solution is managed by Ercom at the Client’s request. All personal data of End Users collected or processed by Ercom via the Solution are processed in accordance with the applicable regulations on personal data processing and, in particular, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and the law of 6 January 1978 as amended.

8.          Applicable law and competent jurisdiction

Unless specifically provided for in the license agreement entered into by the Client for the use of the Solution:

– This EULA is governed by French law and shall be interpreted in accordance with this law;

– Any dispute or claim arising out of or in connection with this EULA shall exclusively be brought to the competent court of Paris, regardless of the plurality of defendants or action by third parties.

Version 7.1