This document defines the general conditions of sale or D ' use of the software belonging to POPSI CUBE like all data-processing services or of councils being able to be realized by teams POPSI CUBE. Simple fact of the request D ' intervention (written, email, telephone or other means) the customer (person or entity) accepts the general conditions of sale of data-processing services, of sale of licences of software or of design of software establish by POPSI CUBE. These conditions L ' carry on the documents and the correspondence of the safe involved D customer ' a specific contract signed between the parts. Sale of licences of software Software or ProgicielsLes is inalienable and cannot be reproduced in all or partly except contrary convention, without prior agreement and written POPSI CUBE. POPSI CUBE concedes with the Customer, right D ' to use its Software packages on the equipment defined beforehand by technical documentation and for the number of acquired licences. POPSI CUBE preserves as a holder of the rights, the intellectual property of the Software packages and documentation as well as the prerogatives S ' attaching to it. The Customer recognizes that the Software package and Documentation contain confidential information and trade secrets whose POPSI CUBE preserves the property, and S ' engages consequently to thus limit L ' access to Software package qu ' has Documentation with the only employees whose functions within L ' undertaken justify the communication of it, except written preliminary authorization of POPSI CUBE. POPSI CUBES prohibited consequently with the Customer to reproduce, D ' to adapt or to market the Software package without its authorization express. The Customer S ' prohibited of décompiler, to disassemble, make décompiler, make disassemble, exceed or dismantle the protection system integrated into the Software packages. It will maintain in good condition all the mentions of property and copyright which will be related to the components of the Software packages (program and documentation).

The Customer recognizes that, because of their complexity, the data-processing programs are seldom free from any defect or error and, consequently qu ', it is possible that the software published by POPSI CUBES in contain. The licence is concluded between the two parts in full knowledge of L ' probable existence of these defects or errors. The Customer S ' engages not to regard the discovery of such defects as a failure of POPSI CUBE to his obligations.

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If the customer suspect an error in a Software package, it will have to inform POPSI of them CUBES immediately and to make a request for correction in order to allow to POPSI CUBES to correct it. POPSI CUBE will make an effort, within a reasonable time, to correct this error and to emit an up to date version of the Software package for the benefit of the Customer. However, if POPSI CUBES the more convenient judge, it will be able to advise with the Customer to use other means to solve the problem. POPSI CUBES will not have any obligation to proceed to such a corrective action within a given period of time, being only qualified to appreciate the nature and the extent of the measures to be taken and means to put in oe uvre. However, if POPSI CUBE noted finally that such an error did not exist, the Customer will have to remunerate the services of POPSI CUBE by the tariff in force and to refund to him his reasonable expenses of voyage and lodging. POPSI CUBE will determine only opportunity, the interest, the date of availability and the frequency of the Updates of the Software package. In particular, POPSI CUBE does not guarantee to in no case that an updated version includes/understands all the corrections necessary or waited by the Customer and until, following its installation, the Software package will be able to function without anomaly or bug. The obligation of POPSI CUBE to provide the services of assistance and maintenance is subordinated to a normal use of its software packages by the Customer. It does not apply to the Software package which would have been modified without the written preliminary approval of POPSI CUBE or which would be subjected to physical or electric conditions nonin conformity with the specifications indicated in the documentation of the Material and the Software package. In the same way, POPSI CUBES will be immediately discharged from all its obligations under the terms of the present contract and will be able automatically to suspend the execution of it:

1. If the Software package were the subject of an intervention for its maintenance or repair, by others that the personnel entitled by POPSI CUBE, without written preliminary authorization of POPSI CUBE.

2. If the Customer would cease respecting the specifications recommended by POPSI CUBES and whose Customer admits having taken knowledge.

3. In all the cases where the Customer has suddenly missed with unspecified his obligations under the present contract.

4. Refusal of the Customer to profit from a new Update .

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POPSI CUBE excludes expressly very guaranteed express or implicit concerning the services and councils as well as the materials and products which could be provided in execution or to the occasion D ' a service, including but without limitation, very guaranteed express or implicit of negotiability or suitability with a particular use. Within the framework of service at the Customer, this one will have to ensure the personnel of POPSI CUBES the free access to the buildings, and to communicate all information necessary to him to the execution of the service. The customer will give access to an external telephone line. The customer will name like interlocutor of POPSI CUBE, a single representative having authority to make the decisions necessary in the name of the Customer. A representative of the Customer able to define the needs and services or the errors and breakdowns will have to also be present. The dates of intervention are fixed in agreement with the Customer. In the event of cancellation or of carryforward an allowance equivalent to 30% of the service will be claimed with the Customer. Are excluded with the title from the services except contrary provisions of the order or the contract, the supply of consumable and work of electric connection.

POPSI CUBE gives an opinion or a proposal on a choice of material or software, it is up to the customer to carry out the decision of investment. One will not be able to reproach POPSI CUBES D ' to have failed in his duty of council and to have carried out a bad choice of material.

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POPSI CUBES S ' engages to bring any diligence for L ' execution of its services. It could not however be held responsible for the consequential damages or the losses D ' exploitation asserted by the Customer. In any event and if the responsibility for POPSI CUBES were retained for direct damage, it could not exceed the amount of the royalty perceived under each period and that of the total royalty in the event of subscription of the licence for the duration of protection of the Software package. In addition, it is expressly agreed that POPSI CUBES will be released from any responsibility at a rate of the delays or defects D ' execution for the contractual obligations which fall on to him and which would be the consequence of facts concerned with the cause beyond control or the fortuitous occurence. It is expressly agreed that, by fortuitous occurence or cause beyond control, one understands an event unforeseeable, irresistible, insurmountable and external with L ' undertaken. POPSI CUBE guarantees to the Customer that it is titular of a professional public liability insurance enabling him to compensate its customers for injuries possibly caused with their material by any of the members of his personnel during operations D ' installation or of maintenance. The Customer states to accept the characteristics and the limits of Internet network. The data on Internet circulating on heterogeneous networks with the various technical capabilities, the reliability of the transmissions cannot be guaranteed. All the services provided by POPSI CUBE can be used only with a one licit aim. The Customer recognizes that POPSI CUBE is fully authorized to quote its name as a commercial reference except request express of the Customer. POPSI CUBES S ' will endeavour D ' to ensure a high availability of its data processing departments 7j/7 and 24h/24 subject to possible breakdowns and of the periods of maintenance requiring D ' to stop the access to the waiters. POPSI CUBE does not assume an obligation of result but means for L ' together of its services. In particular POPSI CUBE cannot be held for person in charge speeds for access or decelerations of the network of which he is not owner. In the event of non-observance by the Customer of its obligations, POPSI CUBES reserves the right to stop or suspend without notice whole or part of the service blamed. In the event of obviously serious violation, POPSI CUBES reserves the right constantly automatically to terminate the contract by letter registered with acknowledgement of delivery. This suspension or cancellation of the service for these reasons will not give right to the payment of any compensation. To in no case, the responsibility for POPSI CUBE could not be required when it y a: fault, negligence, omission or failure of the customer, not respect of the councils given, cause beyond control, events or incidents independent of the will of POPSI CUBE, fault, negligence or omission of a third on which POPSI CUBE does not have any supervisory powers and of monitoring.

If the responsibility for POPSI CUBES would be retained, the Customer could claim with no indirect damage such as loss of customers, of benefit or sales turnover. In addition, the amount of repairs is expressly limited to the amount paid by the Customer with the title of the last year of maintenance at the date of the origination of the damage.

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It rests to the Customer D ' to ensure, under its responsibility, the management of L ' use qu ' he makes Software package and in particular S ' to ensure of the suitable configuration of the machines and resourcefulness ' exploitation, D ' to establish controls of operation sufficient and to put in oe uvre the methods D ' exploitation and of safeguard suitable and D ' to establish, S ' there is, of the plans of breakdown service envisaging of the procedures of replacement and in a general way, to take any suitable measurement to guard against any detrimental consequence due to L ' use of the Software package. It is up to the Customer to be ensured: 1. adequacy of the Software package to its own needs, in particular on the basis of indication provided in the Documentation which was given to him; 2. that it has competence necessary for the use of the Software package; 3. that its own structures, in particular its personnel, are likely to accomodate, with all the required effectiveness, the Software package. If the Customer thinks of not being able to use the Software package according to conditions' aimed in the present ones, it falls on to him to be made assist by any professional of its choice. In any event, the setting in oe uvre of the Software package by the Customer is carried out under his only controls, direction and responsibility. The Customer will have to conform to the whole of the legal regulations relating to the protection of the marks of trade, marks of service and royalty of POPSI CUBE. The Customer is only responsible for the safety of his confidential information. The Customer is responsible to carry out the regular safeguards and in particular before the intervention of POPSI CUBE. He will have to provide the competent technicians of POPSI CUBIC and, if necessary, bound by an engagement of confidentiality with the Customer, the whole of information, passwords and access codes necessary to the comprehension of the organization of the Software package and with the good execution of the service or service of maintenance. The Customer is the only person in charge for the damage and damages direct or indirect, material or immaterial because of his use of the service and the use of the software.

The Customer commits himself immediately informing the Person receiving benefits of any modification concerning his situation: change of address, D or telephone number ' e-mail.

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The prices invoicees are prices in euros, net of tax and except transport or travelling expenses to the tariff in force at the time of the order. POPSI CUBE preserves the property of the goods and services ordered until the effective and integral payment their prices. The payment will be carried out at the latest by cheque or transfer at thirty (30) reception days of invoice. In the event of delay in the payment of the invoices, the Customer S ' engages to pour on all which had sums, a penalty equal to a rate D ' interest of 9% as from the first day of delay starting from the date D ' expiry of the invoices. However, this penalty will not become exigible qu ' after sending D ' a mail recommended with notice of receipt, remained more than eight days without effect. The maintenance contract is concluded for one duration D ' one year, it is renewable for the same duration by renewal by tacit agreement. Each part will be able to terminate the contract in each term by letter registered with marked reception by respecting a fifteen days notice. The invoicing is annual, term to fall. The date D ' installation of the software constitutes the date of catch D ' effect of the contract and the starting point of the invoicing. The price of the period paid in advance is guaranteed for the period concerned. POPSI CUBES reserves the right to modify its tariffs constantly while informing its customers at least 30 days before the effective date. The customer can dispute any rise in the tariffs and terminate the contract by letter registered with acknowledgement of delivery within one month starting from the date of implementation of these new tariffs. With defect, these new tariffs famous will be accepted in a tacit and irrevocable way and will be applied to the next invoicing. In the event of nonpayment of an unspecified invoice 15 days after the expiration date, POPSI CUBES reserves the right to stop its services and this until the complete payment of the sums due. L ' interruption of the service will be worth full cancellation of the contract in the event of nonregularization after setting in residence. The Customer will then owe the not regulated sums jusqu ' with the date of cancellation of the contract. To in no case the Customer will not be able to require an unspecified allowance of the Person receiving benefits because of interruption of his services following an incident of payment. In the event of cancellation of the account, the Customer authorizes POPSI CUBE to erase all the data of the Customer stored on the waiters of the Person receiving benefits.

The nullity or the inopposability of the unspecified one of the provisions of these conditions general of sale could not involve nullity nor the inopposability of the other provisions which will remain fully valid and applicable.

For any litigation relating to the interpretation or the execution of these general conditions of sale, only the commercial court of Versailles will be qualified.