LEGAL NOTICE & TERMS OF USE

Welcome to the Hynesim.org ("Hynesim") web site (the "Web site"). Hynesim.org is a Registered Domain Name owned by Diateam. ("Diateam"), a French corporation, and this Web Site is owned and operated by Diateam. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

By accessing, using or downloading any Materials (as defined below) from this Web Site, you acknowledge your agreement to be bound by these Terms of Use ("TOU"). If you do not agree to be bound by these TOU, please do not use this Web Site or access or download any Materials or content from this Web Site. Diateam reserves the right to update these TOU at any time without notice to you. The most current version of these TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the Hynesim.org web pages.

Conflicting Agreements

Your reproduction, distribution and use of certain materials on this Web Site may be governed by terms and conditions contained in a separate agreement. To the extent that the terms and conditions of those separate agreements conflict with or contravene these TOU, those separate agreements shall govern. For example, the Hynesim platform are downloadable subject to the GNU General Public License V3 (the "GPL V3"); your reproduction, distribution and use of the Hynesim platform is governed by the GPL and not these TOUs.

Ownership and Reproduction of Hynesim Materials

You acknowledge that all materials provided on this Web Site, including but not limited to information, documents, products, software, signatures, logos, graphics, sounds, images, and services (the "Materials"), are provided either by Diateam or by its third party authors, developers and vendors ("Third Party Providers") and the underlying intellectual property rights are owned by Diateam and/or its Third Party Providers. The Web site is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. Hynesim, Diateam^™, the Hynesim logo and the Diateam logo are trademarks of Diateam. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

Notice Specific to Documents Available on This Web Site

Subject to the terms and conditions of these TOU and unless otherwise specified on this Web Site, Diateam hereby grants you permission to display, cache, and download Hynesim's Materials from this Web Site provided that: (1) you display the relevant ownership notices provided with the Materials; (2) the use of such Materials is solely for your personal, non-commercial and informational use and will not be used for commercial gain; and (3) the Materials are not modified in any way. If the Material is machine-readable software, then you may use the software only in machine-readable form and you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software, except as expressly permitted by the terms and conditions of the relevant license agreement or by the law in effect in the jurisdiction in which you are located. This permission terminates automatically without notice if you breach any of these TOU.Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Diateam or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without Diateam's prior express written permission.

Except where expressly provided otherwise by Diateam, nothing on this Web Site shall be construed to confer any license under any of Diateam or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Diateam. Diateam does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Diateam.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. It is your responsibility to adhere to all such laws.

Linked Sites

Diateam, whether affiliated or not affiliated with sites linked to this site ("Linked Sites"), is not responsible for any content appearing on Linked Sites other than www.diateam.net. The Linked Sites are for the convenience of the user only, and the inclusion of any link does not imply endorsement by Diateam of the Linked Site. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them.

Ownership of Submissions

Except where expressly provided otherwise by Diateam, all ideas, improvements, rules, signatures, suggestions, source and object code, feedback, information, comments or materials submitted through or in association with this Web Site ("Submissions") shall be considered non-confidential and Diateam's property. By providing such Submissions to this Web Site, you hereby assign to Diateam, at no charge or consideration, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Diateam shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose, including, without limitation, the rights to: copy, distribute, transmit, create derivative works, reproduce, edit, translate and reformat your Submission; and the right to publish your name in connection with your Submission. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Diateam, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. No compensation will be paid to you with respect to the use of your Submission. Diateam is under no obligation to post or use any Submission you may provide and Diateam may remove any Submission at any time in its sole discretion.

By Posting a Submission you represent and warrant that you own or otherwise control all of the rights to your Submission, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Content of Submissions

You shall not submit to this Web Site any materials which (a) libel, defame, invade privacy, or are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or are a solicitation for goods or services; or (f) are treated as confidential under any contract or policy. You agree to indemnify and hold harmless Diateam and its officers, directors, employees, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorneys' fees, resulting from your submission of any Submissions in violation of the foregoing restrictions.

Termination of Services/Web Site

Diateam may modify or discontinue this Web Site or the Materials provided here at any time, with or without notice to you. Diateam will not be liable to you or any third party as a result of such modification or discontinuation. Diateam reserves the right, in its sole discretion and at any time, to terminate your access to the Web Site and/or any of the Materials without liability to you or any third-party. In addition, access to the Web Site may be monitored by Diateam (see the Privacy Policy). Upon termination of these TOU, you will immediately destroy any downloaded or printed Materials.

Disclaimer of Warranties

The Materials on this Web Site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Diateam disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Diateam expressly disclaims any warranty that the functions contained in the Materials will be uninterrupted or free of errors, that defects will be corrected, or that this Web Site or the server that makes this site available are free of viruses or other harmful elements. Diateam makes no warranties or representations, express or implied, regarding the use of the Materials appearing or Materials offered on this Web Site with regard to their correctness, reliability, accuracy, completeness or otherwise. Neither Diateam nor its affiliated or related companies or its content providers shall be responsible or liable to any person, firm, or corporation for any loss, damage, injury, claim, or liability of any kind or character based on or resulting from any information contained on this Web Site or Materials offered through this Web Site.

Limitation of liability

IF YOU ARE NOT SATISFIED WITH OUR WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEB SITE. DIATEAM SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, OR USE OR INABILITY TO USE THE WEB SITE. IN NO EVENT SHALL DIATEAM BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF DIATEAM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM AGAINST DIATEAM, ITS OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS OR PARTNERS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.

Indemnification

In exchange for accepting the benefits you receive by accessing this Web Site, you agree to defend, indemnify, and hold harmless Diateam, its officers, directors, stockholders, employees, agents, and partners, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Web Site, your violation of these TOU, or your violation of any laws, regulations, or third-party rights.

General

These TOU will be governed by and construed in accordance with the laws of the State of Maryland, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these TOU or your use of the Web Site will be brought in a federal or state court in Howard County, Maryland, and you submit to the venue and personal jurisdiction of such court. If any provision of these TOU is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except for other agreements or terms appearing on the Web Site, these TOU set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Copyright Notice

Privacy and Protection of Personal Information

See the Privacy Statement disclosures relating to the collection and use of your information.

How To Contact Us

Should you have other questions or concerns about these TOU, please send us an email at contact@diateam.net or call us at +33(0) 298 050 050. You can also write us at:
DIATEAM : Architectes de l'information
BP 22012 - 29220 BREST CEDEX 2 - FRANCE

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