AUTODOOR MASTER application user licence agreement

Purpose of this contract

PORTALP provides its professional customers, automatic door installers and/or maintainers, with an AUTODOOR MASTER application that allows PORTALP RS automatic doors to be set up for installation or maintenance using a smartphone via a Bluetooth remote connection or other type of connection.

PORTALP draws the Client’s attention to the fact that this application may only be used by a professional who has been specially trained by PORTALP to configure PORTALP RS automatic doors with a view to their installation and maintenance.

The application can be downloaded by the Customer or the user designated by the Customer from the Play Store or via Maas 360.

The user licence for this application will be activated upon subscription by the Customer to this User Licence Agreement (the ‘User Licence Agreement’) and payment by the Customer of an annual fee.

The Customer must subscribe to a user licence for the AUTODOOR MASTER application for each designated user associated with a smartphone.

IMPORTANT – PLEASE READ CAREFULLY
Use of the downloadable smartphone application (the ‘autodor master 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 autodor master application, you are entering into a legally binding agreement.
You will not be authorised to use the autodor master application and associated autodor master 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 License Agreement constitutes a legal agreement between the customer (‘Customer’) and PORTALP, specifying the terms and conditions governing the use of the AUTODOOR MASTER Application (referred to in this agreement as the ‘AUTODOOR MASTER Application’).

The Application is licensed for use by the Customer in accordance with the terms and conditions of this License Agreement. PORTALP reserves all rights to the AUTODOOR MASTER application that have not been expressly granted to the Client. The present License Agreement is 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 for the AUTODOOR MASTER Application is limited, non-exclusive, non-sublicensable, non-transferable for use of the AUTODOOR MASTER Application strictly applicable to a single end user designated by the Customer and identified by association with a smartphone.

This Licence Agreement does not permit the Customer to use the AUTODOOR MASTER Application on any mobile device other than that which has been expressly identified by the Customer in the Licence Agreement, and the Customer is prohibited from distributing or broadcasting the AUTODOOR MASTER Application on a network where it could be used by devices that have not been identified in the Licence Agreement.

The digital content of the AUTODOOR MASTER 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 infringement of its copyright. 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, decompile, disassemble, reverse engineer, or attempt to analyze or alter, in any way whatsoever, all or part of the AUTODOOR MASTER 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,
Allow a third party to have access to or copy, in contravention of the present, any part of the documents, source code or any material of PORTALP related to the AUTODOOR MASTER 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 of the AUTODOOR MASTER Application whatsoever. Any attempt to do so constitutes a violation of PORTALP’s rights. If the Client contravenes this restriction, he is liable to prosecution and damages.

The terms of this License shall govern derivative works of the AUTODOOR MASTER Application, its updates, or any part 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 agrees that PORTALP may collect and use technical data and related information, including but not limited to technical information about the smartphone as well as technical data and settings collected by the AUTODOOR MASTER Application about the connected equipment, which are collected periodically to facilitate the provision of software updates, equipment support services and other services to (if applicable) the Customer relating to the AUTODOOR MASTER Application.

PORTALP undertakes to process or use the data collected in the licence server only to the extent necessary and for as long as necessary to ensure the proper execution and monitoring of the AUTODOOR MASTER application licence agreement.

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 MASTER Application in strict compliance with applicable laws and the rights of third parties. In this respect, the Customer shall act as guarantor for the designated user, to whom it shall ask to subscribe to a similar commitment.

In addition, the Customer shall take all necessary steps to ensure that the associated smartphone is protected in accordance with the most stringent security policy and shall have the user sign an undertaking to this effect.

It is the Client’s responsibility to inform PORTALP in real time of any change that may occur in the identification of the designated user or to request the inactivation of the user licence for the AUTODOOR MASTER application dedicated to a user as soon as he becomes aware that the associated smartphone has been mislaid or stolen or of any fact from which it results that he can no longer act as guarantor for the identified user.
In such a case, the AUTODOOR MASTER user licence will be immediately deactivated by PORTALP. PORTALP cannot be held responsible for the use of the AUTODOOR MASTER Application.

Duration / Termination

The licence to use the AUTODOOR MASTER Application is granted to the Customer for a period of 1 year.

The licence to use the AUTODOOR MASTER Application will be automatically deactivated at the end of this period, unless the Customer subscribes again.

The Client’s rights under this End-User Licence Agreement will terminate automatically without notice from PORTALP if the Client fails to comply with any of the provisions of this End-User Licence Agreement.

In the event of termination of this Agreement, the AUTODOOR MASTER Application shall be immediately deactivated and the Customer shall destroy all copies, full or partial, of the AUTODOOR MASTER Application.
In the event of termination by or on the initiative of the Client, the annual fee remains payable to PORTALP in full.

Services

The AUTODOOR MASTER Application may provide access to PORTALP services and websites (the ‘Services’). Use of the Services requires access to the Internet.

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 illegal use of the AUTODOOR MASTER Application or any use of the AUTODOOR MASTER Application that is detrimental 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.
Insofar as the Client chooses to access such Services, it does so on its own initiative and is responsible for compliance with all applicable laws, including, but not limited to, applicable local laws. PORTALP reserves the right to modify, suspend, withdraw or in any way discontinue the Services, at any time and without prior notice. 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 the use of the Autodoor Master application is at the Customer’s own risk and that the Customer bears the entire risk as regards the satisfactory nature of the quality, performance and accuracy of the data and services provided or rendered by the Autodoor Master application.

To the extent permitted by applicable law, the Autodoor Master App and any services rendered or provided by the Autodoor Master App (‘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 Master 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 Master application. Neither does it guarantee that the functions contained in the Autodoor Master application or the services rendered or provided by the latter will meet the needs of the customer, that the operation of the Autodoor Master application or services will be uninterrupted or error-free, or that these defects in the Autodoor Master 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 shall Portalp be liable for any damages whatsoever, including personal injury, direct or indirect consequential damages of any kind, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial loss or damage arising out of or in connection with the use of or inability to use the Autodoor Master application, however caused, regardless of the basis of the claim, 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 Master 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.

PORTALP declines all responsibility for the settings and parameters made via the application, and in particular for the compliance of the resulting configuration or operation of the Equipment with the standards in force.

In any event, PORTALP’s total liability towards the Client for any damages will in no case exceed the amount of the annual fee.

Applicable law – Competent court

French law, excluding the principles of conflict of laws, governs this AUTODOOR MASTER Application Licence Agreement. The competent courts to handle any dispute arising from the AUTODOOR MASTER Licensed Application are, exclusively, the courts within the jurisdiction of the city of Grenoble.