General Terms of Use - OpenTouch Personal Cloud (“OTPC”)

These General Terms of Use, and related terms of use specific to OTPC Services (as defined below) as the case may be (together: “Terms of Use”), define the conditions of Your use of the following sites and services (together: “Services”):

• the OTPC public web site www.opentouch.com;
• any application provided as a service (“OTPC Service”) to which an End-Customer subscribes through a Business Partner (as defined below); and
• the private web portal OpenTouch Personal Cloud Space (“PCS”, as defined below).

As used herein:

“ALE International” designates a corporation of France registered with the Trade and Companies Register number 602 033 185 RCS NANTERRE, and having its registered office at 32 avenue Kléber, 92700 Colombes, France

“ALE” means ALE International and its affiliates

“Business Partner” means an authorized reseller of ALE for the distribution of OTPC Services

“Content” means data that You entrust Services with, as specifically defined for each Service in any specific terms of use, or any specific notice accompanying the Personal Data and Content Policy. It could be files, audio recording, videos or any other type of data that is collected, stored, and transmitted by a Service when You use it

“End-Customer” means the legal entity contracting with Business Partner for the purpose of receiving the OTPC Service

“PCS” means the private web portal OpenTouch Personal Cloud Space, for managing the OTPC Services, with access granted to End-customers upon Subscription (as defined below) to OTPC Services through a Business Partner, and to Business Partners

“You”, “Your” means:

• the user (“User”), who visits the OTPC public site https://www.opentouch.com or uses any part of it (e.g. browses or downloads information, materials, …), and/or who is granted access to PCS and who visits / uses any part of it, and/or who is granted an access right to an OTPC Service
• the End-Customer administrator, who is granted administrator access rights to PCS, in order to manage OTPC Services for users of the End-Customer
• the Business Partner administrator, who is granted administrator access rights to PCS to manage End-Customer’s subscription to OTPC Services

“Subscription” means the contract between ALE and Business Partner for the delivery of OTPC Service for a given End-Customer

Acceptance of Terms of Use

By visiting, using or accessing these Services, You accept these Terms of Use defining respective rights and obligations, and You agree to be bound by them. If You do not understand or accept these Terms of Use, You should not use these Services and You should immediately exit these Services.

Trademarks and Copyright

Except as expressly authorized herein, Your use of ALE Copyrighted Material and of ALE Trademarks is governed by: enterprise.alcatel-lucent.com/trademarks, which forms an integral part of these Terms of Use.

Limited Authorization under Copyright

Documents, software, and other materials accessible on these Services are protected by copyright laws. The copyright in these materials is owned by Alcatel-Lucent or ALE (“ALE Copyrighted Materials”) or a third party original creator of the materials (“Third Party Materials”). Unless for any software downloaded from these Services having its own terms and conditions communicated at the time of downloading and which will be governing, the following conditions apply:

Your use of the ALE Copyrighted Materials and/or of the Third Party Materials must be informational-only and for non-commercial purposes.

You may view, and print the ALE Copyrighted Materials and/or Third Party Materials.

You may not modify, copy, distribute or create derivative works of any parts of the ALE Copyrighted Materials or Third Party Material. However, ALE Copyrighted Material or Third Party Material available on the OTPC public web site which does not bear a mention “confidential” or similar, may be copied and distributed as long as You do not remove any copyright or trademark statement.

All other rights are reserved, and other uses prohibited to the extent permissible by law, unless with written consent. Requests for additional rights and/or uses should be sent to the ALE Copyright Agent identified below.

Third Party Copyrights and the Copyright Agent

ALE is committed to respecting the intellectual property rights of others, and requires that You do the same. ALE may terminate, in its sole discretion, Your accounts or access rights to the Services if it determines, that You violate the intellectual property rights of ALE or of third parties.

If You have good reasons to believe that materials have been used on these Services in a way that constitutes copyright infringement, please provide the following information to the ALE Copyright Agent:

• A description of the materials and their location on the Services;
• Your name, address, telephone number, and email address; and
• A statement made by you: (i) that You believe in good faith that the use of the materials is not authorized, and (ii) under penalty of perjury, that You are the copyright owner of the materials, or that You are authorized to act on behalf of the copyright owner (and in that case, the name and signature of the copyright owner authorizing you).

The ALE Copyright Agent may be reached at:

ALE International
Legal – Intellectual Property
32, avenue Kléber
92707 Colombes Cedex- France

Personal Data and Content

Your personal data and Content shall be treated as set forth in the Personal Data and Content Policy – OTPC which forms an integral part of these Terms of Use.

Use of Product Catalog

The product catalog found on these Services is for informational or planning purposes only, and is not intended to create, modify or supplement any ALE specifications or warranties relating to the products or services found in the catalog.

Product availability

The availability of the products and services described on these Services, and the descriptions of such products and services, may vary from country to country. Consult with Your ALE sales representative or Your Business Partner for specific product and/or service information.

Security & Account

If You use PCS or OTPC Services, You are responsible for maintaining the confidentiality of Your account and password, and for restricting access to Your computer. Your password is encrypted and is not available to ALE. If You have forgotten Your password, or if You have reasons to believe that Your password is being used by an unauthorized person, You must create a new password by clicking on “I forgot my password” in Your login page.

You are solely responsible for all activities that occur under Your account or password. You agree to immediately notify Your End-Customer administrator or Your Business Partner of any unauthorized use of Your account or any other known security breach. ALE cannot be held liable for losses / damages You may incur through the use by a third party of Your password or account, with or without Your consent. You agree to indemnify and protect ALE against any liability, claim or expense in connection with any claim, complaint, action, suit or loss that would result from or be related to (a) a breach by You of these Terms of Use, (b) use of Your account by You or a third party, (c) fraud or manipulation on Your part, and (d) information, data, files or other content provided by You.

Links

Although these Services may contain or provide links to third party sites, ALE provides these links merely as a convenience to You. In particular, such a link does not mean that ALE endorses the content, nor any use of the linked site. ALE is not responsible or liable for the content or availability of any such third party sites.

Posting and Submitting of Information

You promise to only post or submit to these Services information or materials that You have the right to share and that do not violate the law or anyone’s rights. ALE takes no responsibility and assumes no liability for any information or materials provided by You or any third party. You are prohibited from posting, submitting, or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive materials on, or through these Services. ALE may be required by law to remove certain information or certain materials in certain countries.

Termination of Use

ALE may, at its option, and, as of right, terminate, without notice or as otherwise stated in ALE’s agreement with the Business Partner, and with or without cause, Your access to these Services, without prejudice to ALE’s right to make a claim of compensation for damages for a breach of these Terms of Use.

Warranty Disclaimer

While ALE attempts to provide accurate information while providing these Services, information may include technical inaccuracies or typographical errors. ALE assumes no responsibility for inaccuracy or errors.

ALE may change the information and/or materials available at these Services, and/or features of the Services, at anytime and without prior notice.

ALE shall not be held responsible for any downtime related to Your internet connection.

All information and/or materials, including any software and features on these services are provided “as is”. To the extent permitted by law, ALE disclaims all warranties, expressed or implied, including without limitation, warranties of merchantability, non-infringement, fitness for a particular purpose, accuracy of data, reliability of the result obtained form use of the services, or that the services be non interrupted, free of vulnerability to intrucsion or attack, free of defects. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining means for the reconstruction of lost data.

Some laws do not allow certain disclaimer so some or all of this disclaimer may not apply to you.

Limitation of Liability

To the maximum extent permitted by applicable law, and subject to the provisions of the agreement you have entered into with a business partner, or with ALE or one of its affiliates if you are a business partner for the subscription of OTPC services, which shall apply in respect of the liability for providing such OTPC services, neither ALE nor its affiliates nor any third party (including its suppliers having been involved in the creation, implementation or operation of these services) shall be liable for any indirect, incidental, special, intangible or consequential damages of any type (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data and the like), however caused and whether arising under contract, tort or negligence or any other theory of liability arising out of the use or access or inability to use these services or any part of it or access to it, including any information, material, product or services, even if ALE or its affiliates or the third party above mentionned have been advised of the possibility of such damages. Because some countries/states/jurisdictions do not allow the exclusion of liability but may allow liability to be limited, in such cases, the liability of ALE or its affiliates or the third party above mentioned shall, under these terms of use, whichever the number of claims, be limited in the aggregate to the amount of one thousand euros.

Somes laws do not allow the limitations or exlcusion of liability so these limits may not apply to you.

Export Laws

The export control laws of France, the United States and other countries in which ALE or its affiliates conduct business prohibit the export and/or re-export of certain technical data and software to certain countries and/or territories. No content from these Services may be downloaded or copied and transmitted in violation of the applicable countries export control laws.

Applicable Law

These Terms of Use and all claims or issues regarding use of, or access to, these Services shall be governed according to the laws of France, with the exclusion of its conflict of law provisions.

Dispute Resolution

Any dispute relating to Your visit or to Your access to these Services shall be submitted to the exclusive jurisdiction of the courts of Paris, France.

Language

To the extent permitted by law, the English version of these Terms of Use is binding and other translations are for convenience only.

Modification of Terms of Use

These Terms of Use were last updated on, August 2015.

ALE reserves the right to change these Terms of Use at any time without prior notice. If You do not agree to the modified Terms of Use, You should discontinue Your use of the Services immediately.