TERMS OF USE

SoftAtHome (“we”, “us” or “SoftAtHome ”) maintains the www.softathome.com  website as a service to its visitors. By using this website, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not obtain information from or otherwise use this website.

Introduction

You agree to the terms and conditions set forth in these terms of use (“Terms of Use”) with respect to this website, including SoftAtHome Twitter, Facebook and similar accounts  (the “Website”). These Terms of Use supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content provided by or through the Website, and the subject matter of these Terms of Use . These Terms of Use may be amended at any time by us from time to time without specific notice to you. The latest Terms of Use  will be posted on the Website, and you should review these Terms of Use prior to using the Website.

Intellectual Property Rights

All information, documents, communications, files, text, graphics, software and products available through the Website, as well as their selection and arrangement (collectively, the “Materials”), are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials may violate such laws and these Terms of Use . Except as expressly provided herein or pursuant to a separate license agreement, SoftAtHome and its suppliers do not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website or the Materials, except as expressly authorized by SoftAtHome. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.

Unless otherwise expressly agreed in writing by SoftAtHome, the viewing, printing or downloading of any Materials from the Website grants you only a limited, nonexclusive license for use solely by you for personal, internal, noncommercial purposes and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Materials may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, internal, noncommercial use (but not for resale or redistribution). The rights specified above to view, download and print the Materials are not applicable to the design or layout of the Website. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

We reserve the right in our sole discretion to edit or delete any Materials appearing on the Website.

Use of Software

The software and accompanying documentation that is distributed by Softathome and/or made available to download from this Website is the copyrighted and/or patented work of SoftAtHome and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are available on demand and  may be obtained by contacting SoftAtHome’s legal department at + 33 1 57 66 88 88. You will not be able to install or use any software unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of such software.

Trademark Information

"SoftAtHome trademarks" means all names, tradenames,marks, brands, logos, designs, trade dress, slogans, and other designations SoftAtHome and its subsidiaries use in connection with their products and/or services. You may refer to products and services by the associated SoftAtHome trademarks, provided that such reference is truthful and not misleading. You may not remove or alter any SoftAtHome trademarks, nor may you use the SoftAtHome Marks in any manner that is inconsistent with SoftAtHome’s ownership of such Marks. You acknowledge SoftAtHome’s rights in the SoftAtHome’s trademarks and agree that any and all use of SoftAtHome trademarks shall inure to the sole benefit of SoftAtHome. You agree not to use or incorporate any SoftAtHome trademarks with any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations without SoftAtHome’s permission.

Maintaining, Editing, Deleting and Modification

All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this Website is unavailable at any time.

Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice. 

Indemnification

You agree to indemnify, defend and hold SoftAtHome and its affiliates (collectively, the "Affiliated Parties") harmless from and against any liability, loss, claim , expense, for direct and indirect cost and consequences, including reasonable attorneys' fees, related to your violation of these Terms of Use  or use of the Website.

Non transferable

Any password or right given to you to obtain Materials from the Website is not transferable. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Warranties and Disclaimers

UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING BY SOFTATHOME, THE MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. SOFTATHOME HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE, AND THE WEBSITE ITSELF, MAY CONTAIN BUGS, ERRORS, TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY MATERIALS AVAILABLE FROM OR THOUGH THE WEBSITE, OR THE WEBSITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE, AND THE WEBSITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Third party Websites

The Website may now, or hereafter from time to time, contain links to third-party websites or third party websites may contain a link to the Website. We do not control such websites nor do we investigate, monitor or check such websites for legality, accuracy or completeness. Accordingly, we are not responsible for the content or opinions expressed in such websites. We provide third-party links only as a convenience to visitors of the Website, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Website and access any third-party website, you do so at your own risk. SoftAtHome disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.

Forward-Looking Statements

The Website may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items relating to us; (ii) our plans, objectives and/or projections for future operations, including those relating to our products or services; (iii) our future economic performance; and (iv) other projections, estimates or forward-looking statements relating to us. All such statements and information are forward-looking statements. Such forward-looking statements are based upon, or will be based upon, our judgment with respect to future events at the time any such forward-looking statement is made. Forward-looking statements are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. We undertake no duty or obligation to update any forward-looking statement.

Information and Press Releases

The Website contains press releases and other information (collectively, "Information") about us, our business and our products, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Website.

While all Information prepared by SoftAtHome was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than SoftAtHome that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information prepared by third parties are solely those of the author(s) and do not necessarily reflect the opinion of SoftAtHome. With respect to Information contained in links to third-party websites, please refer to the section above entitled "Third party Websites."

Visitors' Communications

Except where expressly provided otherwise by us, all comments, feedback, information, or materials submitted to us through or in association with the Website shall be considered non confidential. By submitting such comments, feedback, information, or materials to us, you agree to grant SoftAtHome an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such materials, and you also agree that SoftAtHome is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such materials to us unless: (a) you grant us permission to do so; (b) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (c) we believe it necessary in order to protect the rights of SoftAtHome or others.

You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials for which you have not obtained all necessary consents; liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, that gives rise to a civil liability, that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity , and /or which is harmful in nature such as, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

Personal Information and Privacy

Any non-personal information or material sent to SoftAtHome will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of SoftAtHome or others, or as stated in our Privacy Policy

Miscellaneous

These Terms of Use  shall be treated as though they were executed and performed in Nanterre, France, and shall be governed by and construed in accordance with the French laws (without regard to conflict of law principles). Any cause of action by you with respect to the Website (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or is discovered, or be forever waived and barred. You expressly submit to the exclusive jurisdiction and venue of the courts of Paris, France with respect to all matters relating to these Terms of Use  or your use of the Website. Should any part of these Terms of Use  be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use , these Terms of Use  shall take precedence. Our failure to enforce any provision of these Terms of Use  shall not be deemed a waiver of such provision nor of the right to enforce such provision.

July 2013