AUTODOOR PILOT application user licence agreement

Purpose of this contract

PORTALP provides its customers (the ‘Customer’) with an AUTODOOR PILOT application that enables the RS range automatic door (the ‘Automatic Door’) to be controlled using a smartphone via a Bluetooth remote connection.

The application can be downloaded by the Customer from Play Store or Apple Store.

The user licence for this application will be activated when the Customer signs this user licence agreement (the ‘User Licence Agreement’).

The Customer will find all the information required to operate and use the AUTODOOR PILOT Application in the user manual supplied by PORTALP with the automatic door.

IMPORTANT – PLEASE READ CAREFULLY
Use of the downloadable smartphone application (the ‘Autodoor Pilot application’) is subject to acceptance of and compliance with the following agreement. You acknowledge and agree that by clicking on the ‘Accept’ button or other similar buttons or links that Portalp may designate to display these terms and/or install the Autodoor Pilot application, you are entering into a legally binding contract. You will not be authorised to use the Autodoor Pilot application and associated Portalp services unless you have accepted this user licence agreement and any other rules or policies that Portalp may establish and make available on its site from time to time.

This Licence Agreement constitutes a legal agreement between the customer (‘the Customer’; ‘You’) and PORTALP, specifying the terms and conditions governing the use of the AUTODOOR PILOT Application (referred to in this agreement as the ‘AUTODOOR PILOT Application’).

The Application is licensed for use by the Client in accordance with the terms and conditions of this Licence Agreement. PORTALP reserves all rights to the AUTODOOR PILOT application that have not been expressly granted to the Client. The present License Agreement may be subject to occasional and unilateral modifications by PORTALP, of which the Client will be informed and which he expressly accepts.

Scope of the User Licence

The present licence granted by PORTALP to the Customer is a non-exclusive, non-sublicensable, non-transferable licence to use the AUTODOOR PILOT Application.

The digital content of the AUTODOOR PILOT Application, as well as all elements reproduced on the Interface (in particular the source code, texts, illustrations and logos) are protected by copyright in accordance with the French Intellectual Property Code. PORTALP is the owner of these rights.

PORTALP reserves the right to take any necessary action in the event of an infringement of its copyrights. Any such infringement of PORTALP’s intellectual property rights by the Client will be considered a breach of the Contract and an act of counterfeiting.

Under no circumstances may the Customer, directly or indirectly, alone or with a third party:

Copy, sell, rent, sublicense, distribute, transfer, transmit, modify, adapt, translate, create derivative works from, decompile, disassemble, reverse engineer, or attempt to analyze or alter, in any way whatsoever, all or part of the AUTODOOR PILOT Application as well as any source code that PORTALP uses in connection with the Application.
Take steps to circumvent or override the security or usage rules prescribed, deployed or enforced by any functionality (including digital rights management or data transfer lock functionality) on the Interface
Allowing a third party to have access to or copy, in contravention of these terms and conditions, any part of the documents, source code or any other PORTALP material related to the AUTODOOR PILOT Application.
Delete, conceal or modify copyright notices, trademark notices or any other similar notices appearing in the Application. It is expressly agreed that the Client shall refrain from correcting any anomaly whatsoever in the AUTODOOR PILOT Application. Any attempt to do so constitutes a violation of PORTALP’s rights. If the Client contravenes this restriction, he/she is liable to prosecution and damages.

The terms of this License shall govern derivative works of the AUTODOOR PILOT Application, its updates, or any portion thereof provided by PORTALP that replace and/or supplement the original product, unless such update is accompanied by a separate license, in which case the terms of such license shall prevail.

Consent to the use of data

The Customer accepts that PORTALP collects and uses the technical data and settings associated with the automatic Door which will be periodically recorded in order to facilitate the provision of software updates, technical assistance services relating to the automatic Door and other services that may be provided by PORTALP.

In addition, the Customer accepts that his/her telephone number will be recorded by PORTALP when he/she contacts after-sales service via the AUTODOOR PILOT application. PORTALP undertakes to process or use the data thus recorded only to the extent necessary and for as long as necessary to ensure the proper execution and monitoring of the AUTODOOR PILOT application user licence contract and, where applicable, the maintenance contract signed by the Client with PORTALP.

In accordance with the amended French Data Protection Act of 6 January 1978 and European Regulation no. 2016/679/EU of 27 April 2016, the Customer has the right to access, rectify, port, delete or limit the processing of his/her data. For any request, the Client should address his request to the PORTALP Data Protection Officer, located at 4 rue des Charpentiers 95330 Domont.

Customer’s obligation

The Customer undertakes to use the AUTODOOR PILOT application in strict compliance with applicable laws and the rights of third parties. The Customer assumes full and entire responsibility for the use of the AUTODOOR PILOT application by each of the Users designated by the Customer. In addition, the Customer must take all necessary steps to secure the Key User’s paired smartphone, in particular by means of an access code in accordance with the following provisions.

to the most stringent security policy. Any lost or stolen smartphone must be immediately deactivated in the AUTODOOR PILOT application. It is the Customer’s responsibility to deactivate the smartphones of secondary Users under the same conditions. In any event, PORTALP may in no event be held liable for the use or misuse of the AUTODOOR PILOT application and the consequences thereof, in particular with respect to the physical security of the site.

Duration / Termination

The licence to use the AUTODOOR PILOT Application is granted to the Customer for the life of the automatic door.

Services

The AUTODOOR PILOT Application can be used to control the PORTALP RS in accordance with the user manual (the ‘Services’).

The Customer is prohibited from exploiting the Services in any unauthorised manner whatsoever, including, but not limited to, by means of an intrusion or by overloading the capacity of the network.

The Customer also undertakes not to use the Services in any way that would be illegal, in particular with the aim of infringing the property or rights of others.

The Customer agrees that PORTALP assumes no responsibility for any use of the AUTODOOR PILOT Application that is illegal or prejudicial to the rights of third parties.

Furthermore, the Services are not available in all languages or in all countries. PORTALP makes no representation that these Services are appropriate or available for use in any particular location.
To the extent that the Customer chooses to access such Services, it does so on its own initiative and is responsible for compliance with any applicable law, including, without limitation, applicable local laws.

PORTALP reserves the right to modify, suspend, withdraw or deactivate access to any of the Services, at any time, without prior notice and without the consent of the Client. Under no circumstances will PORTALP be held responsible for the withdrawal or deactivation of access to such Services.

PORTALP may also impose limits on the use of or access to certain Services, regardless of the situation, without notice or liability.

No warranty

The Customer expressly acknowledges and agrees that use of the Autodoor Pilot application is at the Customer’s own risk and that the Customer bears the entire risk as to the satisfactory nature of the quality, performance and accuracy of the data and services provided or rendered by the Autodoor Pilot application.

To the extent permitted by applicable law, the Autodoor Pilot application and any services rendered or provided by the Autodoor Pilot application (‘services’) are provided on an ‘as is’ and ‘as available’ basis, with all faults and without warranty of any kind, and Portalp excludes all warranties and conditions relating to the Autodoor Pilot application and any services, whether express or implied and whether provided by law, including but not limited to the implied conditions and/or warranties of merchantability, satisfactory quality, fitness for a particular purpose and accuracy.

Portalp does not guarantee the incident-free use of the Autodoor Pilot application. Neither does it guarantee that the functions contained in the Autodoor Pilot application or the services rendered or provided by the latter will meet the needs of the customer, that the operation of the Autodoor Pilot application or services will be without interruption or without error, or that these defects in the Autodoor Pilot application or services will be corrected. No information or advice, oral or written, given by Portalp or its authorized representatives shall create a warranty.

Limitation of liability

In no event will Portalp be liable for any damages including personal injury, any direct or indirect consequential or incidental damages of any kind, including, without limitation, damages for loss of profits, loss of data, loss of business or any other commercial loss or damage arising out of or in connection with the use or inability to use the Autodoor Pilot application, however caused, regardless of the basis of liability (whether in contract, tort or otherwise) and even if Portalp has been advised of the possibility of such damages.

In any event, the total liability of Portalp to the customer for all damages will in no case exceed the amount of the annual fee.

Applicable law – Competent court

French law, excluding principles of conflict of laws, governs this AUTODOOR PILOT Application Licence Agreement. The competent courts to handle any dispute arising out of the AUTODOOR PILOT Licensed Application shall be, exclusively, the courts of the jurisdiction of the city of Grenoble.