General terms of Use/subscription MODE
 
Preamble

These Terms of use (hereinafter "TOU") apply to any user (as defined below) and their validity is conditioned by the maintenance (i) of the contract between SMAG and the customer (as defined below), and by the perfect payment of the sums owed by the customer to SMAG (ii).

It is up to the User to make sure of the adequacy of the Product et/assistance or Service with its own needs, in particular starting from the indications appearing in Documentation on the one hand, and that he lays out of necessary competences for the use of the Product and/or Service, on the other hand.
Any use of the Product and/or Service implies the general acceptance of these TOU by the User.

MANIFESTO SMAG ON THE DATA OF THE USERS

The Products and Services SMAG rest on values which are in the middle of the vision of SMAG of its trade, namely to bring innovating solutions and powerful to bring always more value for our Users.
SMAG defines an ethical framework for the Data of its Users and is committed implementing average the techniques and ergonomic to respect these commitments with respect to the data.
SMAG is committed respecting the whole of the Laws and Regulations as regards data protection in personal matter.
The Data seized by a User within the Products and/or Services belong to this User. SMAG is committed not to resell or be providing the Data of a User without the agreement of the User.
Each User preserves the control of his Data, and can constantly define the Data which it wishes to share or not with Thirds (in particular within the framework of the subscription for services of Third which are accessible through the use of the Products/Services from SMAG)
The Users authorize SMAG with anonymiser the Data of the User in the objective to create value for the Users within the products and services used.
1. Definitions
TOU: present conditions of use of the Product and/or Service in Subscription Mode.
Customer: the legal person having subscribed a licence of use relating to the Product and/or Service at SMAG in mode says “Subscription”, and bound for the Users.
Date of Effect: the creation date of an access to the Product and/or Service for the benefit of the User.
Date of Coming into effect: the date of acceptance of the TOU by the User.
Documentation: documentation in French language of the Product and/or Service on the support of the choice of SMAG, describing the features of the Product and/or Service and the main part of the procedures and/or instructions intended to facilitate the installation and the use of the Product and/or Service.
Data in Personal Matter: Data of the User concerning an identified or identifiable natural person.
Data of Connection: the login and password staffs, corresponding to the User, and giving access to the Product and/or Service.
Data of the User: the whole of the information seized within the framework of the use of the Product and/or Service. Ces Données can be (I) seized by the User (II) integrated by a rough data flow automatically (connected objects, teledetection) (III) integrated by an enriched data flow (data processing, analyzes, forecast, tools of decision-making aid).
Data in personal matter of the User: the whole of the data allowing the direct or indirect identification of the User.
Intellectual property laws: intellectual property laws, in particular and without this list being restrictive, patents, copyrights, rights on the designs and models, rights on the databases, brands, trade names, domain names, know-how and this, regardless of the fact that these rights were the object of a recording or a deposit, like all other right or form of protection of comparable nature or similar effect, existing and/or future.
Accommodation: services within the framework of which SMAG provides average the techniques (in particular hardware and software), in order to help the Product and/or and the Data of the User accessible to the User by the means of Internet network.
Setting (S) up to date: all corrections and/or improvements of the Product and/or Service put at disposal of the User as their availability throughout TOU, other than any additional module.
Subscription mode: mode of provision of the Product and/or Service in its current version, in subscription mode, including the Accommodation and the maintenance of the Product and/or Service.
Part (S): SMAG, the Customer and/or the User.
Technical prerequisites: technical prerequisites and their evolutions throughout TOU, corresponding to the technical equipment of the User (equipment, operating system, databases, third software, subscription with a service of Internet access) necessary for the starting and the operation of the Product and/or Service, to the load of the User.
User profile: the Service and/or user profile which determines the features of the Product who are accessible for him.
Product and/or Service: Software AGREO, ATLAND or LEA, module (S) of the standard software solution of SMAG, exclusive property of the latter, in the form of achievable object code, put (S) at disposal of the User in Subscription Mode; and related Documentation there, including the Updates.
SMAG: joint stock company simplified, with the authorized capital of 1,037 571.25 euros, registered with the Trawl-net-in-Champagne Company and Trade register, under the n° 430,406,918, of which the head office is located Technological Seedbed of the Mount Bernard, 18, rue du Dom Pierre Pérignon, 51000 Trawl-net-in-Champagne.
User: any farmer, stockbreeder, wine grower, holder of a password and a login, and for which the Customer carried out the corresponding subscription of User.

2. Object
The TOU have the aim of defining the terms and conditions under which SMAG concedes with the User, a personal and nonexclusive right of access to the Product and/or Service, in Subscription Mode.

3. Technical prerequisites
The User is informed that it belongs to him to make the subscription of a subscription for the services Internet, which are not understood under the TOU. In the same way, the Updates will be able to require the modification of the Technical Prerequisites, that of which SMAG as far as possible informs the Customer in advance by email; the Customer supporting the expenses related with the subsequent evolutions of the Technical Prerequisites, if necessary.
The User commits himself conforming to the Technical Prerequisites throughout all TOU and recognizes that such a commitment constitutes a substantial obligation of this last; any environment nonin conformity with the Technical Prerequisites being able to involve degradation even the dysfunction of the Product and/or Service, for which SMAG could not in no case to be held responsible.

4. Declarations of the User
The User states well to know Internet, his characteristics and his limits, and recognizes in particular that:
- (I) the data transmissions on Internet profit only from one relative technical reliability, those circulating on heterogeneous networks with the characteristics and various technical capabilities, which are sometimes saturated at certain periods with the day and/or can know dysfunctions, 
- (II) its equipment is connected to the Product and/or Service under its whole responsibility, 
- (III) the data circulating on Internet, in spite of the modes of protection existing and implemented by SMAG, can be the object of possible diversions, and that thus the any information and data communication more generally, is carried out by the User with his risks and dangers, 
- (iv) it is up to the User to take care of the security of the operation of the Product and/or Service and its accesses which are under its control, of kind, in particular, to avoid the intrusions of third not - authorized and not to compromise the safety measures adopted by SMAG, 
- (v) because of provision of the Product and/or Service with the User, and in spite as of safety measures that SMAG adopted, the Product and/or Service as used in Subscription Mode can not be the object of intrusions of third - authorized, and to be consequently corrupted

5. Access to the Product and/or Service and operation of the Product and/or Subscription service
5.1 the access to the Product and/or Service is carried out starting from the local infrastructure and by means of the Data of Connection. At the time of its access to the Product and/or Service, the user identification at the time of each connection to the Product and/or Service in Subscription Mode, is done by means of the Data of Connection which were allotted to him by SMAG. The Data of Connection are intended to hold the access of the Product and/or Service to the Users, to protect the integrity and the availability of the Product and/or Service, as well as the integrity, the availability and the data confidentiality of the User.
The Data of Connection are personal and confidential. They can be changed only on request of the User or on the initiative of SMAG subject to informing the User beforehand of it. The User commits himself putting all works about it to preserve secret the Data of Connection not to reveal it relating to and them in some form that it is; any connection to the Product and/or Service carried out with the Data of Connection famous is carried out by the User himself; the User being responsible for the use and the guard of the Data of Connection.
SMAG can suspend partially or completely the supply of the Product and/or Service in Subscription Mode - without allowance for the benefit of the User and without prejudice to sums due under flexible contract SMAG and the Customer - if SMAG is aware of a risk for the use of the Product and/or Service in Subscription Mode, its good performance, the security, its nonconformity with the legal and lawful regulations applicable and/or in the event of technical interventions and/or of maintenance of SMAG; that of which the latter will inform - as far as possible - beforehand the User.
In the event of loss or of flight of one of the Data of Connection, the User will have to get in touch with assistance SMAG to allow him to recover his Data of Connection.
SMAG declines any responsibility in the event of irregular or fraudulent use of the Data of Connection.
5.2 SMAG ensures the Accommodation of the Product and/or Service and the Data of the User.
For this reason, SMAG is committed ensuring of it protection, the conservation, the integrity and the confidentiality in a professional way. In particular, SMAG guarantees the implementation of the means appropriate to the glance of the state of the art, in order to preserve the integrity and the data confidentiality of the User within his own structure of accommodation and/or that of its people receiving benefits.

6. Extended from the conceded rights
On the other hand regulation of the amounts which are due for him for this reason, SMAG concedes with the User, the personal right, nonexclusive and nontransferable of access and use of the Product and/or Service for its own needs exclusively and in accordance with the terms for the TOU and the regulations for Documentation.
The User expressly avoids making the resale, renting, lending, or differently transferring and/or sharing of it the rights which are authorized to him under the terms of the TOU in some form that it is and this, subject to payment or free, directly and/or indirectly.
The User is exclusively authorized to use the Product and/or Service in Subscription Mode while connecting himself to the Product and/or Service by the means of Internet network, according to the procedures and methods defined in Documentation and the limits defined in the TOU.
Except in the measurement expressly authorized by the applicable law or contrary stipulation of the TOU, the User engages with not (I) creating the derived works based on the Product and/or Service except if that is expressly authorized by the TOU; (II) to copy, display within a framework or to retort on a mirror site whole or part of the contents of the Product and/or Service, or another manner for its internal own needs; (III) to carry out engineering reverses Product and/or Service; (iv) to reach the Product and/or Service for (A) to create a product or competitor service and/or (b) to copy characteristics, functions or graphic elements of the Product and/or Service, (v) to use the Product and/or Service to record or transmit a malevolent code (virus, towards, programmed bombs, Trojan horses and other codes, files, scripts, agents and/or programs harmful and malevolent) and/or of the elements illicit, defamatory or differently illicit or punishable.
Except for the limited rights expressly granted the title as of TOU, SMAG and/or its conceding reserve (NT) all the rights, titles and interests relating to the Product and/or Service, in particular all the related Intellectual property laws there. No right is granted to the User other than those expressly granted the title as of TOU.

7. Updates
SMAG provides the User, the access to the Updates as their availability.

8. Intellectual property
8.1 SMAG preserves the entirety of the Intellectual property laws related with the Product and/or Service; the User acquiring under present the no right other than that to use the Product and/or Service within the limits envisaged with the TOU. The TOU do not include a licence of brand (S) of the Product and/or Service and/or any other characteristic appearing on/in the Product and/or Service.
The User commits himself maintaining intact the mentions relating to the intellectual property being reproduced in and on the Product and/or Service, in Documentation like in any reproduction partial or total of one their elements, in the respect of the terms of the TOU.
The tools, methods and/or know-how used or carried out by the Parts within the framework of the TOU remain their respective property.
The whole of the Intellectual property laws related with the results of all services carried out by SMAG within the framework of the execution of the TOU remains its exclusive property.
8.2 SMAG is committed ensuring its expenses the defense of the User against any allegation relating to the counterfeit to France of an intellectual property law by the Product and/or Service not modified and used in accordance with the terms of the TOU, as placed at the disposal under the terms of the TOU, provided that the User warned written SMAG of the existence of this allegation as of his supervening, and made it possible SMAG to have only the direction of defense and any negotiation for an agreement, and collaborates with SMAG for this purpose. If a complaint, a threat of action or an action were to be directed against the User because of use of the Product and/or Service, or if SMAG estimates that such can be the case, the User accepts that SMAG, with its choice, obtains for the User the right to continue to use it, or replaces, or modifies the elements in question, so as to put an end to the counterfeit.
SMAG will take responsibility for its damages to which the User would be condemned at a rate of an act of counterfeit of the Product and/or Service in France and this, as soon as the judgment pronouncing them became final, as well as the compensations and expenses of any nature supported per the User to ensure his defense, including the lawyer expenses - within the limits defined in article 10.2 - given that this article states the exclusive repair of the User and the whole responsibility for SMAG with regard to an allegation of counterfeit of the intellectual property law of a third and relating to the Product and/or Service.
8.3 the present article8 states the whole responsibility for SMAG and the exclusive repair of the User with regard to the counterfeit of an intellectual property law or of any other property right. SMAG could not be held responsible beyond the stipulations for article 10.2, which the User recognizes and accepts expressly.
The User guarantees SMAG - with first request for SMAG - against any action of third related to the intellectual property laws relating to the elements communicated or transferred by the User, and commits himself dealing with all damages due at a rate of the pled damage. 
  
9. Warranties
9.1 SMAG guarantees exclusively that (I) SMAG has the rights necessary to conclude and carry out the TOU; (II) the Product and/or Service are substantially in conformity with the specifications stated in Documentation, when it is used in accordance with Documentation and with the TOU; (III) SMAG will treat the Data of the User by obeying the law and regulations as regards data protection in Personal Matter (and in particular the European Regulation 2016/679 known as RGPD); (iv) SMAG implements average the techniques and organisational appropriate to the glance of the technique in order to preserve the security, the integrity and the data confidentiality of the User within his system of accommodation and information processing.
SMAG excludes expressly very guaranteed fast or tacit, not expressly defined in the TOU, relating in particular (I) to the link of access used by the User, and (II) to the damage being able to occur with computer equipment of the User, in particular with the local infrastructure. In the same way, SMAG does not guarantee in particular that (I) the functions contained in the Product and/or Service will meet the user's needs, (II) the operation of the Product and/or Service will be uninterrupted or of bugs, errors or all other defects and/or (III) the results of the use of the Product and/or Service.
9.2 the User guarantees that: (I) nothing is opposed to the conclusion of the TOU by the User; (II) it will conform to all the laws and regulations as regards applicable Data protection in the collection, compilation, storage, the consultation and the use of the Data of the User, and a more general way to the legal tendencies and the applicable regulations.
9.3 the User recognizes that in the actual position of the technique, in particular of the absence of warranty of the telecom operators, the permanent availability of the Product and/or Service cannot be guaranteed. Of fast convention, the responsibility for SMAG could not in no case to be required for any damage resulting from the bad execution of the services of the aforesaid owners.
9.4 Except fast contrary stipulation with present and, in all the cases, the widest measurement authorized by the applicable law, each Part excludes all the warranties, declarations, clauses, conditions or all other commitments of any nature, purposely or tacit, that they are or not envisaged by the law, and each Part specifically gives up all the not written warranties, in particular all guaranteed, declarations, provisions, conditions or other commitments of marketable quality or adaptation to a particular use or satisfactory quality.

 
10. Responsibility; major force
The 10.1 User is only responsible (I) Data of the User, (II) the choice, control, control and security of the use of the Product and/or Service as of the results which are got from it and (III) damage resulting from a use not - authorized or not conforms of the Product and/or Service and/or any incorrect or incomplete information provided by the User.
10.2 In the event of calling into question of the responsibility for SMAG, which (S) that oneself (in) T the nature and/or the base of the action:
(I) only the direct and foreseeable damage is likely to cause repair, provided that the User established the contractual failure of SMAG, and the direct causal link between the pled damage and the proof of the aforesaid failure contractual of SMAG; given that SMAG could not be held for person in charge, in particular if the damage is due well aware of a third;
(II) the interruption of execution of the Product and/or Service and accommodation within the framework of the Subscription Mode, commercial loss, loss of customers, turbid commercial unspecified, loss of brand image, loss or damage of data, undergone by the User, and/or a third and all consequential damages, consecutive and/or additional will not be able to entitle to repair with the profit of the User and this, even if SMAG were prevented of such a damage; 
(III) the amount of repair likely to be put at the load of SMAG is expressly limited over the total duration of the TOU and all confused causes, with the amount perceived by SMAG with the title of the use of the Product and/or Service, during twelve (12) months preceding the date by supervening of the event, if the Product and/or Service are at the origin of the damage.
10.3 In any event, SMAG will be exonerated from any responsibility in the event of (I) modification for the Product and/or Service which was not carried out by SMAG, (II) of use of the Product and/or Service nonin conformity with Documentation and/or the TOU and/or the indications of SMAG, and/or (III) use of the Product and/or Service in an environment not-in conformity with the Technical Prerequisites. The Parts are appropriate expressly that any civil liability proceedings against SMAG are prescribed at the conclusion of a twelve (12) months deadline as from the operative event of the damage considered.
10.4 are regarded as emergency or fortuitous occurences, in addition to those usually retained by the jurisprudence of the Courses and French Courts, the strikes and the prolonged cuts of electricity and/or blockings total or partial of the means of telecommunications and communication, including the networks, restrictions governmental or legal, legal or lawful modifications of the forms of marketing and other cases independent of the fast will of the Parts and preventing the normal execution of the TOU. Initially, the supervening of an emergency will suspend automatically the execution of the TOU. As soon as the effect of prevention due to the major force ceases, the aforementioned obligations begin again for the duration remaining to be run at the date of suspension, increased duration of suspension. However, if an emergency or a fortuitous occurence prevented the execution of the TOU for one length of time higher than thirty (30) days continuous, each Part would be free to require the cancellation of the TOU, without notice and allowance, by simple registered letter with acknowledgement of delivery.

11. Confidentiality; commercial reference
The 11.1 Product and/or Service, the TOU like all the information exchanged between the Parts or of which they would be aware during the execution of the TOU, whatever their support, will be regarded as confidential (hereafter “Confidential information”). Each Part is committed to protect the Confidential information and not revealing them with thirds without prior approval and written other Part.
Each one of Parts will be released of its obligations of confidentiality with regard to all information (I) which were in possession of this Part before their disclosure by other Part without such a possession not resulting directly or indirectly from the disclosure not - authorized this information by a third, and of which Part with origin of disclosure could to be unaware of origin fraudulent (II) which belong to public domain with Date of Coming into effect, or which would fall into the public domain after this date without the cause being ascribable with non-observance by this Part of its obligations of confidentiality under the TOU, (III) which was elaborate independently by this Part, or (iv) whose disclosure is required by the law or a legal authority or administrative proper, or made necessary for the needs for an action and/or legal procedure. The present obligation of confidentiality will be applicable throughout TOU and will remain applicable during all the duration of the contract binding SMAG and the Customer like during five (5) years following their suspension.
11.2 SMAG will be able to mention name and logo of the User and/or the Customer for the promotion of the Product and/or Service, on any support media, including the website of SMAG.

12. Data in personal matter
12.1 the Data in personal matter of the User requested from registration on the site of SMAG (name and first name, e-mail, address physical, phone number, birth date, number SIRET, data of localization) are collected by SMAG in order to give access to the Product and/or Service on the base of the contract to which the User left with the Customer under the terms of the article 6.1.b Regulation 2016/679.
As a subcontractor, SMAG treats the Data in personal matter of the User on the strict instructions of the Customer for the categories of selected Products and/or Service.
In addition, SMAG also treats the Data in personal matter of the Users to fine statistics on the basis of its legitimate interest as a marketing company. In this case, the data in personal matter of the User are anonymisées.
12.2 In accordance with data-processing law the “and freedoms” of the modified January 6th, 1978 and with the European Regulation n°2016/679/UE of April 27th, 2016 (applicable since May 25th, 2018), the User is informed that it profits from a right of access, of correction, portability and obliteration of his data or of opposition and limitation to their treatment. 
If the User wishes to exert one of his rights in accordance with the regulation as regards data protection, it can be addressed constantly to SMAG dpo@smag.tech at the address or by post way to: SMAG SAS, Technological Seedbed of the Mount Bernard, 18 rue Dom Pierre Pérignon, 51000, Trawl-net-in-Champagne, France. For safety reasons and to avoid any fraudulent request, a document in proof of identity can be required by SMAG of the User for purposes of checking. After request handling, these documents in proof will be destroyed by SMAG.
The User is informed that it is in right to contact the National Commission of Data processing and Freedoms (the CNIL) for any claim relating to the treatments operated by SMAG on his data in personal matter.
12.3 the Data in Personal Matter of the user are treated by SMAG for the duration of these TOU, provided the User exerts his right of opposition with the treatment or the suppression of his data in personal matter near the Customer or of SMAG.
If the User authorized to it specifically and beforehand, SMAG reserves the right to preserve its Data in Personal Matter at ends of commercial prospection to the maximum for one duration three (3) years as from the end of this trade relation, given that the User will be systematically put able to withdraw his assent or to be opposed to the treatment of his data. For this period, SMAG puts in place all means likely to ensure the confidentiality, the integrity and the data security in personal matter of the User, so as to prevent their damage, obliteration or access by thirds not - authorized.
The 12.4 User is informed that its Data in Personal Matter could be communicated to the competent staff of SMAG like to the subcontractors to which SMAG appeals.
The whole of these recipients are subjected to an obligation of confidentiality and can use the Data in Personal Matter of the User only in accordance with the specific contractual provisions of SMAG and the legislation applicable as regards data in personal matter. SMAG is committed not to sell, rent, be yielding nor to give access to the Data in Personal Matter of the User to thirds without his preliminary assent, unless being constrained there because of a legitimate reason (legal requirement, fight against the fraud or the abuse, exercise of the rights of the defence, etc).
12.5 For more information on the warranties in terms of data protection in Personal Matter than present SMAG, the User are invited to consult the Privacy policy of SMAG available on the https://www.smag.tech/ site.

13. Duration, cancellation and effects of the term of the TOU
13.1 the TOU take fixe day bill of Coming into effect and the subscription of the User continues for one twelve (12) months duration as from the Date of Effect, except anticipated stipulation.
13.2 Subject to the cancellation anticipated of the TOU according to the terms of articles 13.3 and 13.4, the right of access and of use of the Product and/or Service in Mode Subscription object of the TOU is renewed automatically for one duration successive periods of one (1) year unless one or the other of the Parts notifies with the other Part its decision not to renew the subscription of the User, with the help of a notice of at least thirty (30) days before the end of the period of the subscription concerned.
13.3 In the event of failure by one of the Parts to the present contractual obligations, not repaired within a period of thirty (30) days as from the reception, or in the absence of the first presentation of the registered letter with acknowledgement of delivery notifying the failure in question, the other Part will be able to put forward the cancellation of the subscription of the User with immediate and full effect, by registered letter with acknowledgement of delivery, without prejudice to all its other rights under the terms of the TOU.
13.4 SMAG will be able to cancel the subscription of the User with immediate and full effect, by registered letter with acknowledgement of delivery, without prejudice to all its other rights under the terms of the TOU, in the following cases: (I) suspension of the contract binding SMAG and the Customer, (II) non-payment by the Customer of the expiries of Subscription.
13.5 At the end of the subscription of the User whatever is the cause, the Data of Connection are immediately disabled and the User immediately ceases any use of the Product and/or Service, by some means that it is. On request written other Part and except stipulation specific to the Data of the User, each Part begins to restore with the other Part the unit of the Confidential information and to preserve any copy of it.
Moreover, the User engages with: (I) to recover at SMAG the Data of the User collected and produced within the framework of the use of the Product and/or Service, and this according to the terms and conditions defined in article 15 of the TOU; (II) to take responsibility for its possible allowances of leased lines which could be claimed by any phone operator and/or the supplier of capacity with SMAG and/or its people receiving benefits, and (II) to take responsibility for its expenses of logout.
13.6 the stipulations having authority to survive at the end of the TOU will remain in force at the conclusion of the cancellation of the TOU for the duration which will be necessary to give them the effect envisaged.

14.Restitution of the Data of the User
Subject to the perfect payment of the sums which are due to him under flexible contract SMAG and the Customer, SMAG is committed restoring with the User - on fast request for this last per registered letter with acknowledgement of delivery within a period of ninety (90) maximum days following the end of the Contract whatever is the cause - the whole of the Data of the User within the framework of the use of the Product and/or Service in Subscription Mode, in their state at the conclusion of the last day during which the User could use the Product and/or Service and this, without preserving copy of it, in the general format used by SMAG, on the support of the choice of SMAG, in particular on CD-ROM or, optionnellement, via secure download. A report noting the resumption of the Data of the User then will be drawn up and signed by the Parts.
In the absence of request of the User under the conditions cited in the first paragraph at the conclusion of a ninety (90) maximum days deadline following the end of the contract binding SMAG and the Customer for some cause that it is, and except legal requirement, SMAG will be able to remove the Data of the User.
Moreover, SMAG will be able to bring its assistance within the framework of the resumption of the Data of the User by the User or the person receiving benefits of the choice of this last, under services which is the object of a purchase order and/or a distinct contract.

15. Transfer and subcontracting
15.1 the rights granted the title of the present ones at the User will not be able to in no case to subject to payment be the object of a transfer total or partial on behalf of the User, or free, without fast and preliminary authorization of SMAG.
15.2 SMAG reserves the right and without preliminary formality, to sub-contract whole or part of its obligations under the present ones, under its responsibility.

16. General stipulations
The use of the Product and/or Service should not in no case to infringe the applicable regulations, in particular with the export of technology of French origin.
The TOU constitute the entirety of the agreement occurred between the Parts, and cancel and replace all former or contemporary stipulations verbal or written relative to the same object.
SMAG constantly reserves the right to modify the present TOU. The acceptance of the User will be requested with his next connection on one of the Products and /ou Services SMAG.
If one or more of the stipulations of the TOU is/are held (S) for nonvalid (S) or are declared (S) such (S) pursuant to a law, of a regulation or following a definite decision of a court of jurisdiction, the Parts are appropriate to act in concert to find a solution acceptable in the spirit of the TOU. All the other stipulations preserve all their force and their range, unless the object even of the TOU disappears from this fact.
The fact, for one of the Parts not to call upon a failure of the other Part could not be worth, for the future, renunciation to call upon the failure in question.
The Parts are independent, and the TOU cannot in no case to be regarded as an act constitutive of a relation of mandate, a concession of frankness or an unspecified legal entity.
The notifications envisaged between the Parts by the TOU will be carried out by registered letter with acknowledgement of delivery.

17. Applicable duty and attribution of jurisdiction
The TOU are controlled by the French right.