“EDA SERVICE” AS A DEVELOPER – GENERAL CONDITIONS OF USE
Article 1 – Preamble
Docaposte Arkhineo offers its customers, prospective customers and software editors a “developer account” (hereinafter the Service), which is a test/development space allowing them to develop and test archive submission/consultation interfaces themselves using the Docaposte Arkhineo Web API.
On this basis, the Parties agree to establish rules governing the use of Docaposte Arkhineo software, documentation and know-how.
Article 2 – Prerequisites
Service Users acknowledge that they have the necessary skills and means to access and use the Service. They also guarantee that any person accessing the Service has read and accepts these General Conditions of Use.
“Developer” means any legal entity, Docaposte Arkhineo customer or prospective customer, software integrator or editor, who wishes to have a test space for the submission and consultation interfaces of Docaposte Arkhineo archives. The Developer is responsible for the use its users make of the Service.
“User” means any person, whether paid employee of the Developer or not, who has access to the developer account provided by Docaposte Arkhineo.
Article 3 – Conditions of access and use of the Service
3.1 Access conditions
Access to the Site is reserved for persons authorised by the Developer and who have full legal capacity, with the stipulation that users are responsible for the use that may be made of the services provided.
It is understood that persons accessing the Service guarantee that they have the necessary authority (delegation of power and authority to sign) to accept these General Conditions on behalf of the entity for which they use the developer account.
The Developer guarantees that its authorised employees and users will comply with the obligations laid down and takes full responsibility for any fault or failure that might damage Docaposte Arkhineo.
Users are wholly and exclusively responsible for the passwords required to use the Service. Docaposte Arkhineo assumes no responsibility for any illegal or fraudulent use of passwords provided to users. The provision of passwords is considered to be confidential. The User and the Developer are solely responsible for any suspected disclosure, whether intentional or not, of the passwords provided.
3.2 Conditions of use
Users undertake not to (i) act in a way that will disrupt or disturb the Service, or (ii) use the developer account in any illegal or illicit way whatsoever.
Users undertake not to take any action whose purpose is to cause the degradation or loss of data and to take every security and confidentiality measure to preserve the rights of Docaposte Arkhineo and customer data.
In accordance with the regulations in force, Docaposte Arkhineo may withdraw access to a developer account and forward the user's identification details at the request of the judicial and/or administrative authorities if an infringement is noted.
Docaposte Arkhineo reserves the right to suspend access if it is informed of a user’s failure to comply with the regulations in force or with these General Conditions.
The Service is provided on an “as is” basis only. However, Docaposte Arkhineo reserves the right to make any modifications and improvements to the Service that it chooses. Furthermore, it is understood that the Service is accessible, in principle, 24 hours a day, 7 days a week, except in the case of interruption, whether scheduled or not, for maintenance purposes or due to force majeure. Users consequently release Docaposte Arkhineo from all liability in this respect and waive any claim and/or proceedings against it.
Article 4 – Intellectual property
Docaposte Arkhineo grants a Service user licence that is limited, revocable, non-transferable, non-exclusive and valid in France. All rights not explicitly granted to Customers are reserved by Docaposte Arkhineo.
Docaposte Arkhineo holds all rights related to the Service and to all components of the electronic archiving service (interfaces, API, documentation, etc.). Users undertake to consult the contractual conditions when using a third-party site and to comply with the rights of the third-party. These General Conditions do not transfer any right to the Customer regarding the Service provided to the user or the Developer.
The Developer states and accepts that any IT design or development created in the context of these General Conditions constitutes a component of the Docaposte Arkhineo Service and remains the intellectual property of Docaposte Arkhineo.
The user and the Developer may not: (a) grant a sub-licence, re-sell, transfer, assign, distribute, make commercial use of or make available to a third party in any way whatsoever all or part of the Service or of developments made, or (b) modify or carry out derivative work based on the Service or modify or decompile the Service.
Article 5 – Declarations and guarantees
Users declare and guarantee (i) that they hold in full and without conditions, or own and have obtained all the rights, approvals, licences, consents and authorisations (in particular, but without limitation, from content authors and editors), required to comply with their obligations and exercise their rights in accordance with the General Conditions, and (ii) that they intend to use the Service and comply with their obligations as defined in the General Conditions in compliance with all laws, rules and national, European and international regulations in force.
Article 6 – Liability
Docaposte Arkhineo cannot be held liable in any way for possible errors on the Site, nor for the completeness or relevance of the information and data processed.
Furthermore, Docaposte Arkhineo cannot under any circumstances be held liable (i) for faults in accessing or using the Service, (ii) for any failure to meet its obligations due to force majeure, or (iii) for poor conditions of use attributable to the User.
Docaposte Arkhineo does not grant any guarantee, in any domain whatsoever, including and in particular in terms of availability or suitability for a particular use. Furthermore, the Developer undertakes to address personally any complaint, claim or dispute and more generally any proceedings initiated against Docaposte Arkhineo by a third party.
Docaposte Arkhineo cannot be held liable for indirect damage experienced by the user, such as loss of data, loss of opportunity, loss of turnover, loss of profit or commercial damage.
Article 7 – Personal data/Security
Docaposte Arkhineo and the user agree to take the necessary measures (in terms of IT, technical, organisational and other matters) to allow, within the limits of the latest developments, secure access to the Service, confidential processing of data and in particular all measures required by any applicable law relating to personal protection in the processing of personal data.
The user and the software editor state that they use all means of security to ensure the preservation of Docaposte Arkhineo intellectual property rights as well as the confidentiality of information, data and know-how communicated or made available.
Article 8 – Confidentiality
It is agreed by the Parties that written information and also software, applications, interfaces, documentation, procedures, methodologies and databases constitute confidential information. In addition, the following are also considered to be confidential: information related to services provided, know-how, commercial, industrial or organisational strategy, prospective customers, customer data and any information contained in documents bearing the word “Confidential” or the confidential nature of which was indicated, in writing, at the time of their communication or which by their nature are confidential (“Confidential Information”).
The obligations of this article, including restrictions related to disclosure and use, will not apply to any Confidential Information that:
- Is or becomes known to the public through no act or omission by the receiving Party;
- Was legitimately known to the receiving Party before the sending Party sent it, as evidenced by the archives of the receiving Party;
- Is communicated legitimately to the receiving Party, with no confidentiality or exclusivity restriction by a third party which is not under a confidentiality obligation to the sending Party regarding this Confidential Information; or
- Is developed independently by the receiving Party without the use of any Confidential Information or reference to any Confidential Information, as evidenced by the archives of the receiving Party.
The Confidential Information in question must be kept confidential by the User and may not be disclosed to third parties.
The Developer therefore undertakes and guarantees that its staff will preserve the confidential nature of Confidential Information obtained from Docaposte Arkhineo and will not reveal it or allow it to be accessed by third parties but will take every precaution to maintain the secrecy of the Confidential Information.
In particular, the Developer undertakes to:
- Use the Confidential Information obtained only in the context of the Service;
- Reveal the Confidential Information only to those members of its team that need to use the information to test the Service (for this reason, each Party undertakes to inform its staff of the confidential nature of the information and to obtain their personal, written commitment not to disclose the said information);
- Maintain the confidentiality of the content of the General Conditions;
- Refrain from publishing or disclosing the Confidential Information to third parties, without the prior written consent of the other Party or unless an order from a court or any supervisory authority has been received or the disclosure is necessary to allow the application or prove the existence of a right (however, each Party may, in the strictest confidentiality, send the Contract and associated documents to its insurance broker, insurers, advisers who are subject to professional secrecy, auditors or tax and social authorities in the case of an audit and to their respective parent companies);
- Refrain from duplicating, copying or reproducing, in any way whatsoever, documents containing Confidential Information without the prior written consent of the other Party;
- Ensure the physical security of the Confidential Information, in particular by keeping it in secure places and generally ensuring its security by taking all useful and necessary measures, such as (i) affixing an indication of confidentiality to all confidential documents received from the other Party that do not already bear such an indication, and (ii) filing confidential documents in a room that is not accessible to unauthorised persons.
Each Party undertakes to comply with the obligations arising from this article for the entire duration of the availability of the “developer” account and for three (3) years after its expiration.
Furthermore, when the provision of the “developer” account ends, the Developer must either return all documents containing Confidential Information to Docaposte Arkhineo or certify in writing to the other Party that all Confidential Information in its possession has been destroyed. Under no circumstances may a copy of documents containing Confidential Information be kept.
Article 9 – Modifications to these General Conditions
Docaposte Arkhineo reserves the option of modifying these General Conditions, at any time and without prior notification, in order to adapt them to legal and regulatory changes or technical developments or to improve security measures. All access to the Service implies the acceptance of modifications made to the General Conditions.
Docaposte Arkhineo encourages users to consult these General Conditions regularly to ensure that they are informed of the latest version of the General Conditions in force.
Article 10 – Force majeure
Docaposte Arkhineo cannot be held liable in the event of failure to execute or partial execution of the obligations provided for by these General Conditions, particularly in the case of prolonged non-availability if the non-execution or partial execution is due to force majeure within the meaning accepted by French or Community jurisprudence and courts.
Article 11 – General points
13.1. If one of the provisions of these General Conditions is declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without any change.
13.2 In accordance with the provisions of articles 2219 and following and in particular of article 2254 of the Code Civil, complaints and/or actions arising from these General Conditions and/or related to the use of the Service as a whole or in part must be brought within twelve (12) months of the day on which the holder of the right became aware, or should have become aware, of the facts allowing the right to be exercised.
13.3. These General Conditions are subject to French law. In the event of a dispute, the parties will seek an amicable solution before taking any legal action. If attempts to reach an amicable solution fail, any dispute concerning the validity, interpretation and/or execution of these General Conditions must be brought before the competent French courts, even in the case of multiple defendants or warranty claims.