Le texte suivant correspond à la version DATA_G043_FR_LWF_Terms_of_use_Website_Model_+ BIM V1.0 du document de conditions d'utilisation validé par l'espace juridique du Groupe Legrand.
Les textes marqués en noir doivent être adaptés au contexte de chaque pays.
Intellectual property rights
Warranties and liability
Rights and obligations
Latest update: [date of the latest update]
1. LEGAL INFORMATION
This [name of the website domain.ext] website (hereinafter the “Website”) is published by Legrand France
[A public limited company (“société anonyme”) with a registered capital of € 54.912.550 €
SIRET No. 758 501 001 00013
Code APE 2733Z
128, av. du Maréchal de Lattre de Tassigny
87045 Limoges Cedex (France)
RCS Limoges 758 501 001
VAT identification number: FR 94 758 501 001]
Publishing Director: [Name of legal representative of the company]
Acting on its own behalf, hereafter referred to as “we”.
Since these terms and conditions are subject to change at any time without notice, you are invited to consult it regularly.
This website is hosted by :
53 State Street, 10th Floor
Boston, MA 02109
2. INTELLECTUAL PROPERTY RIGHTS
Any representation or reproduction, in part or in whole, for purposes other than for your personal and private use in pursuit of a non-commercial aim, on any medium or using any process, is strictly prohibited without our written permission or the assignees or successors thereof. Any breach of this copyright would thus constitute counterfeiting.
You expressly undertake that your use of the Website will not in any way prejudiced our rights.
3. PERSONAL DATA
4. WARRANTIES AND LIABILITY
Although we make every effort to provide reliable content, and despite the care taken in its operation, some errors may be found on the Website. We decline all responsibility relating to the accuracy, quality, exhaustiveness and suitability of the Website for your requirements. Under no circumstances can we be held liable for direct or indirect damage resulting from accessing this Website or using the information contained therein (e.g.: errors, omissions, inaccessibility, data loss, damage, destruction or viruses liable to affect the user's I.T. equipment). Accordingly, the user accepts that he or she is exclusively liable for any use by him/her of this information and is advised to make the relevant checks.
We shall not be in particular held liable for any viruses that might be present on the Website or any other malware (worms, Trojans, spyware…). In this regard, you undertake to take all necessary security measures. Therefore, you acknowledge using the Website under your own exclusive responsibility and you are invited to make any necessary checks. It is in particular your responsibility to set up or ensure the use of a personal secured computer network, as well as to ensure a correct technical configuration of the connection box connected to your Internet Service Provider and of other devices such as radio access equipment (WIFI, 4G…).
We shall not be liable for any interruptions in the access to the Website. In addition, we may, at its own discretion, either temporarily or indefinitely interrupt access to the Website. In order to ensure effectiveness and security of the services, we reserve the right to make changes at any time, without notice, to the technical characteristics of our services.
To the fullest extent permitted by the law, we, or our partners shall not, in any case, be liable for indirect damage, consequential damage, lost profit or damage from data loss or from operating loss caused by use or by impossibility of using the Website or its content, whether based in contract, negligence, tort, strict liability or any other basis and whether or not we have been advised of the possibility of such damages.
In case of force majeure or act of God (such as disruption of connections and/or of power supply), we reserve the right to terminate or suspend without notice the operation of the Website. The force majeure suspends our obligations for the entire duration of the force majeure event.
It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by law and case law in France, fires, storms, lightning, strikes, floods, earthquakes, epidemics, terrorist attacks, explosions, war, military operations or civil disorders, disruption of means of transportation or procurement, shortage of energy supply, computer viruses, electrical and electromagnetic phenomena which disturb the mobile networks, any legislative or regulatory measures regarding the Website, in whole or in part, in particular those imposed by an organization or a national or international authority, as well as any modifications of these ones, and generally any event which has required the Website of local or national plans for maintaining telecommunication service continuity.
5. HYPERTEXT LINKS
We have no control over the content of third party websites/applications. We thus formally deny any liability for the content of the linked websites/applications. These links are provided to users our Website. The decision to activate the links is solely up to Internet users.
Given the characteristics of the Internet network for the use of the Website, you declare you are well aware and you assume the risks arising, directly or indirectly, from the availability and transmission of the data through this network. We implemented measures aimed to ensure the security of personal data collected on our Website. Though, we wish to draw the users' attention to potential risks in terms of data confidentiality linked to the Internet use.
6. RIGHTS AND OBLIGATIONS
We grant to you a right to access and use the Website. The equipment and other physical facilities, in particular the telecommunications costs, necessary to access to the Website are under your exclusive responsibility.
We implemented measures aimed to ensure the security of personal data collected on the Website. Though, we wish to draw the users' attention to potential risks in terms of data confidentiality linked to the Internet use.
In particular, you agree:
Not to publish, send or distribute any prejudicial, obscene, defamatory or unlawful information either on or from the Website;
Not to use the Website in a manner likely to infringe the rights of others;
Not to copy or reproduce in part or in whole, for purposes other than for your personal and private use in pursuit of a non-commercial aim, materials on this Website, including but not limited to logos, texts, layout, visuals, graphics, icons, schemes, photographs, except with our prior written permission;
Not to make unauthorised, false or fraudulent reservations;
Not to use any software, routine or device with a view to hindering or attempting to hinder the proper operation of the Website, either manually or electronically, by any means, particularly with respect to the uploading or accessibility of files containing altered data or viruses;
Not to degrade, alter or change the graphic appearance of this Website or the constituent software codes thereof;
Not to undertake any action liable to cause unreasonable or disproportionate traffic on the Website or on an associated infrastructure;
Not to copy all or part of the Website on any other Website, website or internal company network;
Not to set hypertext links to the Website without our prior written authorization;
Not to obtain or attempt to obtain unauthorised access to any of our networks, by any means.
Not do download or reproduct the materials of the Website unless specifically authorized by us;
To alert us as soon as you become aware of an incident, in particular in case of illegal or forbidden use of the Website or its content or in case of hacking;
To check that the computer system used contains no viruses and is in perfect working order.
We reserve the right to improve or amend the information, services, products and other items on this Website, or to shut the Website down, at any time, without notice.
7. BIM OBJECTS
We make digital objects and content of the Products (hereinafter referred to as "BIM Objects and Content") available to users on its own platform or any third-party platform of its choice to enable architects, designers, engineers, consultants and other professionals to download the BIM Objects and Content for their software, enabling them to model building information.
Users may use BIM Objects and Content under the following principles and conditions, which are deemed accepted by the mere fact of using the BIM Objects and Content.
The “use” of BIM Objects and Content refers to the downloading of the BIM Object, its installation, copy or other advantage arising from the use of its features, in accordance with its intended purpose, by any person (professional or non-professional).
We cannot exclude or guarantee the absence of imperfections. We do not accept any liability in this respect. These may include typing errors in the coding of the name or article, colour, material or dimensions that differ. In the case of variable article lengths, you may be able to enter a dimension that is not possible from a practical point of view.
7.2 Geometry Details
BIM Objects and Content are modelled for functional use within a BIM process. This also means, in particular, that the geometry was not modelled in detail, but only in order to determine the location as well as the relevant connection and fixing points. The irrelevant design and details of the product or certain features may have been omitted in order to be able to use the products pragmatically and without excessive load in models that are often very heavy. These may include material roundings, screws and other fasteners, perforations, etc.
7.3 Updates and modifications
We may create new versions of BIM Objects and Content, and may, at our discretion, make them available to users. Any new version of the BIM Objects and Content shall replace the previous version.
We also reserve the right to make temporary changes to its product range and to phase out products. The user of BIM models must at all times ensure that the products used are available and up-to-date. Users are strictly prohibited from modifying our families and marketing them under a different name and brand.
7.4 Exclusion of Liability for Digital Objects and Content
We make no commitment of any kind to the User of the BIM Objects and Content. The user is solely liable (and we have no liability toward the user or any third party) for any content that may be created, transmitted, sent, uploaded, displayed or used for any application made available in any manner whatsoever while using any BIM Object or Content and the consequences thereof (including any loss or damage that the user, its affiliates, customers or any other third party may incur).
By providing the BIM Objects and Content, we make no representation or warranty of any kind, express or implied, regarding the completeness, accuracy, reliability, quality or fitness for any purpose of the BIM Objects and Content. In no event shall we and/or our affiliates be liable for any damages caused by the BIM Objects and Content, regardless of the cause, including, but not limited to, errors or omissions in any BIM Object or Content or for any loss or damage of any kind resulting from the use of any BIM Object or Content.
Any download, use or adaptation, including formatting, of our BIM Objects and Content is the sole responsibility of the professionals concerned, whether this use is aimed at creating a new business relationship, providing advice, providing updates concerning their products to users, carrying out specific projects, digital models, analyses and simulations (energy, structural calculation, conflict detection, etc.), controls (compliance with standards, budget, etc.), visualisations or any other purpose.
7.5 Intellectual Property
All intellectual property rights (including copyrights, trademark rights, patents and all other intellectual property rights) relating to the BIM Objects and Content attached thereto are our exclusive property.
We shall grant no licence and any breach regarding intellectual property rights shall constitute an infringement. In general, the user undertakes not to infringe in any way our rights and not to engage in any activity that could aim to modify, interfere, damage or infringe in any way whatsoever our data or associated intellectual property rights.
7.6 Respect of our rights over Digital Objects and Content
The user is not authorised to extract or collect our BIM Objects and Content to establish separate databases.
The user shall not reproduce, duplicate, copy, sell or exchange the BIM Objects and Content for any purpose whatsoever, upload BIM Objects and Content to another platform, website, portal, or server without the prior written consent of LEGRAND.
The user may develop user projects including content for which it or a third party holds the rights. The user is then solely liable for any content included in a user project it has carried out, excluding our BIM Objects and Content, including any associated intellectual property rights that remain held by us.
The user guarantees that there will be no infringement and/or alleged infringement on its part or on the part of a third party regarding the activities it will offer in connection with our BIM Objects and Content.
The BIM Object is a particularly complex area of computer technology.
The current state of IT technology does not enable any guarantee to be given.
Thus, to the fullest extent permitted by the law in force, we shall not be liable for any damage of any kind incurred by the user or third parties as a direct or indirect result of its use, including loss or damage of data, or any financial or business loss resulting from its use or inability to use it, even if the user has been notified in advance of the possibility of such damage.
7.8 External links
The user may be specifically authorised, in writing, to create hyperlinks from the LEGRAND site or a third-party platform offering our BIM Objects and Content to other websites, content or resources. In such a case, we cannot have any control over the websites, content or resources that are not provided by it. The user accepts that we are not liable for the availability of content or resources from external sites (including any third-party application).
Photographs and illustrations