Dashfolio 2014

Between the Undersigned

Preamble

Modalities

Article 1 • Definitions :

1. The "Transmitting Party" refers to the party which communicates its information to the other party.

   
   

2. The "Receiving Party" refers to the party which receives the information from the other party.

   
   

3. The Parties will make available to each other - exclusively through secured electronic means and reciprocal access to their respective information systems - HTML publications pertaining to their respective publication perimeters, hereinafter globally referred to as "the information".

   
   

4. "HTML publications" refers to websites of webpages containing all types of formats that such a webpage can integrate.

   
   

5. For the Author of the "NetPlusUltra®" solution, "publication perimeter" refers to the following dimensions:

1. The Front-Office (i.e. the entire Webfolio providing access to the dedicated "Externet+" area): contents intended for prospective affiliates, regarding which the intellectual property right of the Author equals the duty of reserve of the User;

   
   

2. The Back-Office ("Extranet+" and "Intranet+"): private web space(s) reserved for users who duly submit a request for access through one of the contact forms provided for that purpose, and regarding which the intellectual property right of the Author equals the duty of confidentiality of the User.

Article 2 • Confidentiality :

1. The Receiving Party undertakes to consider as proprietary the Author's information it will receive from the Transmitting Party or to which it will be given access during the completion of the present agreement; which means that the Receiving Party undertakes not to substitute itself to the owner of such Author information, through unsolicited communication actions for instance, insofar as it holds no right of exploitation whatsoever upon such intangible assets.

   
   

2. The Receiving Party shall take all measures necessary to preserve the intellectual property rights of the Author of the publication. Those measures shall not be less than those it would take itself for the protection of its own proprietary information.

   
   

3. The Receiving Party undertakes to communicate such information only to those members of its staff (in the case of a Company), and/or of its personal and professional networks (in the case of a Professional or an Individual), who require knowledge and use thereof, to the extent that those members could have to take part in the aforesaid project after prior express written authorization of the Transmitting Party (i.e. after due pre-registration with the Author).

   
   

4. The Receiving Party undertakes to take all measures to ensure that the members of its staff and/or networks, according to article 2.3 of the present agreement, process such information in compliance with the provisions of reserve/discretion, confidentiality, and usage set forth in the present agreement.

Article 3 • Use of the Information :

1. The information obtained by the Receiving Party shall be used exclusively for the completion of the purpose of the present agreement, as set forth in the preamble hereto. Any and all other use shall be subject to the prior written authorization of the Transmitting Party.

   
   

2. The Receiving Party shall not, under any circumstances, make any claim, on the basis of such information, with regard to the concession of whatsoever licence, or whatsoever right of authorship or prior possession, as defined by the European Code of Intellectual Property.

Article 4 • Exceptions :

1. that such information was already in its possession prior to the communication thereof by the Transmitting Party, or

   
   

2. that such information was available to the general public prior to the communication thereof by the Transmitting Party, or

   
   

3. subsequent thereto, provided no negligence may be attributed to the Receiving Party, or

   
   

4. that such information was received, with no obligation of secrecy, from a third party authorized to communicate the said information.

Article 5 • Duration :

1. The present agreement shall become effective as from the publication of the information, and shall remain in effect after the update, traceable relocation/republication, or removal thereof.

   
   

2. The provisions of confidentiality and intellectual property set forth in the present agreement for the protected (access-restricted) areas of the present Webfolio (which are accessible upon duly justified request or pre-registration through the corresponding contact form) shall remain in effect after the expiration or termination thereof, whatever the cause.

Article 6 • Governing Law :

Article 7 • Jurisdiction :

Article 8 • Signatures :