End User License Cryptobox

This Ercom End-User License Agreement (hereinafter referred to as the “EULA”) is between Ercom SAS (“Ercom”) and you (hereinafter referred to as the “End-User”). It governs your use of the Cryptobox solution, (including any Cryptobox application edited by Ercom and installed by yourself on a terminal) to access the remotely accessible Cryptobox platform, and hosting data shared by you or with you as part of its use (hereinafter, together, the “Solution”).

Please read the following carefully before accessing or using the Solution. The provisions of this EULA constitute a legally binding agreement between Ercom and you. You may use the Cryptobox Solution only because you have been designated as an End-User of a legal entity that has itself entered into a license agreement with Ercom or an authorized Ercom distributor (hereinafter the “Customer”). Your acceptance of the EULA prior to any use of the Solution is required under the contract entered into by the Customer, and you certify that you are authorized to legally bind the Customer to these provisions as far as you are concerned.

By installing an application allowing access to the Solution from a terminal, by accessing the Solution (by using such a mobile application or from a browser installed on a computer workstation or a heavy PC or Mac client) and/or by using the Solution in any manner, you acknowledge that you have read and understood this EULA and agree to be bound by its terms. Otherwise, you should uninstall any Cryptobox application and not use the Solution.

The EULA shall not affect the terms of the Solution’s license agreement directly binding Ercom or an authorized distributor to the Customer.

1. Right of use

Subject to the other provisions of the EULA, during the applicable license term, Ercom grants to End Users of a Customer a limited, non-exclusive, non-transferable license that cannot be sub-licensedlicense, to use the object code form of the Solution exclusively on behalf of the Customer, in accordance with the applicable documentation provided by Ercom relating to the use of the Solution (hereinafter, the "Documentation"). The Customer must use the Solution and Documentation exclusively for internal purposes. Any use of the Solution in a manner not expressly permitted herein is strictly prohibited. The Solution is granted rights and is not transferred, transferred or sold.

In this EULA, the term Solution refers to all object code software elements, graphics, interfaces, trademarks, and the corrections and updates provided by Ercom.

2. Restrictions

The End User shall not: (i) use the Solution, in whole or in part, in any way other than as expressly permitted in this EULA; (ii) use all or part of the Solution on equipment, products or systems not mentioned in the Documentation or by means of software (in particular web browsers) not authorised or not recommended; (iii) to modify (including through porting, adaptation, translation, and including the creation of derivative works) all or part of the Cryptobox applications proposed for installation by Ercom to access the Solution from a terminal; (iv) to use all or part of the Solution in a manner contrary to applicable laws; (v) allow the use or even access to the Solution to persons who cannot be considered as End Users, or allow a person who can no longer be considered as an End User to continue to use the Solution; (vi) publish or otherwise make available to third parties results of performance, functional or security evaluations of all or part of the Solution without prior written permission from Ercom; (vii) modify, conceal or delete the legal notices contained in all or part of the Solution; and (viii) use the Solution in a high-risk activity, or any other activity where failure or failure could result in serious property damage, death or serious bodily harm.

3. Ownership of the solution

• All items that constitute the Solution when you install or access it, and that are subsequently provided as part of an update, remain the property of Ercom (or one of its suppliers). This includes software codes in any form, as well as related elements (libraries, routines, firmwares, APIs, licenses) or incorporated in any way in the Solution (including any graphics, user interface, logo, text, etc.).


• These elements, which cannot be used independently of the Solution as a whole, are generally protected by international laws and conventions relating to intellectual property and/or secrecy or commercial property. Therefore, any use of the Solution or any of its elements beyond the rights and capabilities granted or in contradiction with your contractual commitments may be considered by Ercom not only as a contractual breach, but also as counterfeit goods subject to civil and/or criminal proceedings.


• This EULA grants you a license to use the Solution, but does not constitute a transfer, transfer or sale of the Solution.


• Software in the Solution may contain code that is generally distributed under an “Open Source” or “Free” license. Ercom complies with the specific obligations of this type of license, and inserts into the code of its software and its technical documentation the mentions of authorship required by such licenses. If necessary, you can, through the Customer, ask us how you can have communication of source codes by sending us a request to this effect.


• Ercom reserves the right to ensure itself (or to have one or more designated third parties) the correction, updating, maintenance and evolution of the Solution. You are therefore not entitled to carry out yourself or to have a third party perform correction, debugging, updating, etc. You do not decompile and disassemble the software, practice reverse engineering or attempt to discover or reconstruct source codes, algorithms, file formats or programming interfaces in any manner, in accordance with Article L.122-6-1-IV of the French Intellectual Property Code. If, in accordance with the law, you need technical information to ensure the interoperability of the software monitoring with other computer programs designed independently, you must first ask us in writing what you want to have..


• In the event that you suggest to Ercom improvements concerning the features, functionalities or functioning of the Solution, and that we follow up thereon, the developments and developments carried out will be the sole property of Ercom.

4. Customer Data

• All data, of any kind, that you store and share through the Solution is considered to belong to the Customer. Ercom cannot in any way be challenged by an End-User with regard to a question of ownership of a data exchanged through the Solution, in particular following the deletion or inaccessibility of the data by the End-User (in particular following the expiration or deactivation of its rights by the Customer or Ercom).


• You agree to comply with all applicable legislation regarding the data that you host securely through the Solution and you prohibit the hosting of data including the collection, processing, operation, the duration or conditions of storage are illegal, unfair or in any way infringe the rights of third parties or the interests of the nation.


• Ercom may, under its existing and/or future legal and regulatory obligations, be required to disclose Customer data secured by Cryptobox. As Ercom is not in a position to provide this data technically in clear text, nor all the technical means allowing the authorities or their authorised representative to decipher this data, the Customer, and yourself following a request from the Customer, you undertake to assist Ercom in response to any valid request from the competent authorities and, if necessary, to provide them with the requested data or the means to access the said data, and this in such a way that the responsibility of Ercom can in no case be sought. In the event of failure of the Customer or the End User, the Customer shall indemnify Ercom from any liability that may be held against Ercom.


• Cryptobox is a collaborative and secure document-sharing solution that provides an end-to-end encryption service for communications subject to the regulations applicable to dual-use goods and products using or integrating cryptology. End Users must ensure with the Customer that they are authorized to use the Cryptobox Service or to hold the Cryptobox application in the country in which they are located, including in the transit area. Ercom shall in no case be liable for the consequences thereof.


• The licensed provision of the Solution does not constitute a backup service. It is therefore strongly recommended that data and information be backed up before storing or using them as part of the Solution. Ercom disclaims any liability for loss of data or information caused by a lack of backup on the part of the Customer or the End User.

5. Duration

5.1 This license to use the Solution is granted pursuant to the license agreement entered into by the Customer for the use of the Solution. It continues as long as the license benefiting the Customer remains in force, and the End User remains, as such, entitled to use the Solution. At the end of the license benefiting the Customer, the End User can no longer use the data sharing functions, nor even add new data.

5.2 The data is stored within the Solution for a period of 30 days from the end of the user license. The End User has a period of thirty (30) days to recover his data by download, after which the data is permanently inaccessible and not recoverable. If the End-User has used the Solution under a free trial license, the End-User may only access the End-User’s data again if the End-User subscribes to a commercial license within 30 days. Otherwise, the data is permanently inaccessible and not recoverable.

6. Guarantees and Liability

• The terms and conditions applicable to the various guarantees granted by Ercom for the use of the Solution are described in the contract between the Customer and Ercom or an authorised distributor. Only the Customer has the right to implement a guarantee under the Solution.


• In the event of a malfunction or error, End Users must take up contact with the Customer’s administrator (or account manager). It is the latter who, in accordance with the Customer’s contract, will contact a First Level Support Center. Under no circumstances does Ercom provide support or maintenance services directly to End Users.


• Subject to the guarantees that may benefit End Users and resulting from the terms of the contract concluded by the Customer, the End User acknowledges that the Solution is made available to him "in state".


• Within the applicable legal limits, Ercom and its suppliers and/or licensors may not be held liable to the End User for indirect, special, punitive damages or for any immaterial damages such as loss of earnings, loss of chance, commercial damage, loss of turnover or profit, loss of customers, disorganization, of its resources and procedures, loss of time, loss, inaccuracy or corruption of files or data, cost of data or database reconstitution, obtaining a substitute product, software, service or technology.


• Under no circumstances shall Ercom’s overall liability for all compensable damages incurred by the End-Users of a Customer, may not exceed the limit of liability set out in the contract concluded by Ercom and the Customer or the authorised dealer where applicable, and may not give rise to any direct compensation to End Users.

7. Personal data

• When the Solution is hosted and operated by the Customer or an authorized Ercom distributor, Ercom does not collect or process any personal data from End Users.


• However, when the Solution is hosted under the control of Ercom, the Solution is managed by Ercom at the request of the Customer. All personal data of End Users collected or processed by Ercom via the Solution shall be processed in accordance with applicable laws and regulations, in particular the General European Regulation on the Protection of Personal Data no. 2016/679 of 27 April 2016 (“GDPR”) and the law of 6 January 1978 as amended


• In order to allow subscription to the Solution, we need to know the last name, first name and e-mail address of the End User, within the Customer’s company, responsible for managing the licenses subscribed by the Customer "the Account Manager" and which is designated by the Customer, in order to send him, by e-mail, a link and a password allowing him to access the Solution (the "Personal Data of the Account Manager"). This information is communicated to us by the Customer who subscribes to the Cryptobox service. It is at this time the Customer’s responsibility to inform End Users of the indirect collection carried out.


• In order to enable and manage the access rights of End Users to the Solution, it is necessary for Ercom to have some personal information (the "End User Personal Data"). When the Cryptobox service is subscribed by a Customer, the Customer sends us the last name, first name and e-mail address:email from each End User authorized to access the service and we directly invite authorized End Users via email to create their account from the application. When you first log in, you only provide us with your first and last name. We do not ask you for any other personal information. This information is mandatory in order to validate your registration. In addition, during the use of the Solution, Ercom may collect usage data (metadata) from End Users such as the dates and times of actions performed via the Solution or the IP address used.


• All Personal Data is stored only in France, on the servers of Ercom and, where applicable, those of its partner ensuring the technical availability of the Solution. They are used by Ercom or its partner only to enable the execution of the Customer’s contract and the provision of the Solution to End Users. They are not transferred or transferred in any way. They are kept by Ercom, under conditions ensuring their security and integrity for the duration of the licence and a period of 12 months beyond that for billing, monitoring and customer management purposes, excluding personal data of use (metadata) which are kept for a period of 12 months from the date of registration.


• All persons who believe that Personal Data concerning them has been collected and/or is processed by Ercom may request access, rectification, erasure or transmission of such data, as well as limitation or opposition to their processing, and withdraw their consent to the processing of this data by email to dpo@ercom.fr. If these individuals feel that their rights regarding their personal data have not been respected, they may also lodge a complaint with a supervisory authority, such as the CNIL in France.


• Before using the Solution, End Users must consult and agree to the Cryptobox Privacy Policy, which precisely details the collection and processing of Personal Data.

8. Applicable law and jurisdiction

Unless specifically provided for in the license agreement concluded by the Customer for the use of the solution:

– The EULA shall be governed by and construed in accordance with French law;

– Any disputes or actions arising under the EULA shall be submitted exclusively to the competent court in Paris, notwithstanding the plurality of the defendants or the introduction of third parties.

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