Terms of use of Tactilon® Agnet

The Tactilon® Agnet Application (the “Agnet”) is an application developed and provided by Airbus DS SLC, a Société par Actions Simplifiée, with a share capital of 3.950.440, 30 €, incorporated under the laws of France, having its registered office at 1 Boulevard Jean Moulin - ZAC de la Clef Saint Pierre - 78990 Elancourt – France, under the number 523 940 971 RCS Versailles (hereinafter referred to as “Airbus” or “we” or “us”).

These terms of use (“Terms of Use”) define the legal framework governing installation to, access to and use of the Agnet. Installation to, access to and use of the Agnet are subject to your acceptance of these Terms of Use, as they may be amended from time to time by Airbus. In this regard, by installing, accessing, or using the Agnet, you agree to be bound automatically by these Terms of Use as well their amendments in force at the time of your access to the Agnet, and you agree that such acceptance shall have the same legal value as a written express acceptance. If you do not accept these Terms of Use, please do not (and you are not permitted to) install, access or use the Agnet. Please read carefully these Terms of Use, as well as our Privacy Policy, before using the Agnet. You should read these Terms of Use every time you use the Agnet.

These Terms of Use do not alter nor modify any other agreement you might have with any company of Airbus and/or any of its Affiliate. “Affiliate(s)” means any entity directly or indirectly controlled by Airbus Group S.E., a European public limited-liability company (Societas Europaea) registered in the Netherlands under the number 24 28 89 45, having its registered office in Mendelweg 30, 2333 CS Leiden, Netherlands.

1. Use of the Agnet

Subject to your full and perfect compliance with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, and revocable right of install, access and use of the Agnet. Any other rights are expressly excluded except otherwise provided in a specific written agreement.

Therefore, you shall not, and shall not authorize a third party to, without limitation, (i) modify, reproduce, represent, adapt and/or translate all or any part of the Agnet and/or related content; (ii) extract, all or any part of the Agnet and/or its content, or create any derivative work from all or part of the Agnet and/or its content; (iii) reverse engineer, decompile, disassemble or transform, in any way the object code of the Agnet into source code; (iv) distribute, sublicense, assign, share, sell, rent, lease or loan in any way the Agnet or the right to use the Agnet; (v) delete or modify any droit d'auteur, copyright, trademark or any other proprietary rights relating to the Agnet which we or our licensors own; or (v) use the Agnet for purposes other than those expressly authorized by these Terms of Use.

In addition, it is strictly prohibited to (i) extract, by permanent or temporary transfer, or re-use all or part of the content of our Agnet to another medium, by any means and in any form; (ii) bypass or circumvent any measures employed to prevent or limit access to our Agnet; (iii) link to any portion of our Agnet for any purpose; and (v) use any device, software or routine that interferes or attempts to interfere with the normal operation of our Agnet or take any action that imposes an unreasonable load on our equipment.

We try to make the Agnet accessible at all time, but we cannot warrant that the service will be continuous or without defect.

We reserve the right to modify all or part of the Agnet, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of the Agnet.

You recognize that you will be able to use the Agnet only if your device has an Internet connection. Traffic or access fees charged to you due to the use of the Agnet are subject to the general terms concluded with your Internet service provider or mobile network operator. 

Except if otherwise stipulated in other contractual documents without prejudice to our rights and remedies, we reserve the right to suspend temporarily or permanently your access to the Agnet, at any time, without notice in the event you violate any provision herein.

In the event we consider that your use of the Agnet is unlawful and/or unauthorized, and/or violates these Terms of Use, we reserve the right to undertake any procedure we deem necessary, including to terminate these Terms of Use and to take any legal action.

2. Do not forget

The Agnet is intended specifically for sharing professional content related to your work; and 

All statements made through the Agnet are the personal views of the individual and are not the views of Airbus; and

The Agnet has not been accredited to handle any national classified security information generated by governments, nations, intergovernmental military alliances, the Organization for Joint Armament Cooperation (OCCAR), contractors and customers or Export Control related information, and

You must access and use our Agnet only for legal, authorized, and acceptable purposes.


Additionally, it is not allowed to use the Agnet: 

to send or have sent unsolicited or unauthorized messages of a commercial or promotional character (spamming) 

to deliberately transfer details, send or download files containing viruses, Trojan horses, worms or any other data-processing technique detrimental to the proper functioning of the solution, any software or all IT material. 

YOU ARE ACCOUNTABLE FOR ALL THE INFORMATION AND CONTENT YOU PUT ON THE AGNET AND YOU MUST COMPLY WITH: 

YOUR APPLICABLE ICT CHARTER 

Confidentiality obligations towards third parties

Copyrights and respect the rights of individuals regarding the use of their own image. 

Not sharing slanderous, libelous or otherwise illegal content. 

3. Golden rules

3.1 What you are authorized to do

Do share useful article, blogs, posts or other content for your audience.

Always respect the confidentiality obligations in your employment contract and all other applicable obligations.

Always be honest. Don't create or use fake identities or impersonation. Concealing or misrepresenting the truth is unacceptable.

Follow the same standards of behavior and courtesy as you would elsewhere.

Always protect third-party information; you must handle it in accordance with the terms of its disclosure and in strict compliance with all applicable laws and regulations.

Protect your personal data, don't share your user ID and keep your password secret. 

Be an active user; connect and share with colleagues on a professional level. 

3.2 What you are not authorized to do

Don't spam.

Avoid personal and controversial topics: the Agnet is not the place to share neither political nor religious affiliations nor comments that could be considered defamatory, racially offensive or obscene.

Avoid overzealous self-promotion, which is more likely to annoy than build valuable relationship.

You will not use (or assist others in using) our Agnet in ways that: (a) violate, misappropriate, or infringe the rights of Airbus, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-professional use of our Agnet unless otherwise authorized by us. 

4. Term and Termination

As long as you use the Agnet, these Terms of Use shall be applicable between you and us.

Except if otherwise stipulated in other contractual documents, we can terminate these Terms of Use at any time and prevent you from accessing the Agnet.

In case of termination of these Terms of Use, for any reason whatsoever, the rights granted to you hereunder shall be terminated and you will no longer be authorized to use the Agnet.

5. Airbus Proprietary Rights

© Airbus DS SLC SAS 2019 • All right reserved.

The Agnet, its content, including, without limitation, their distinctive names, designations, logos and product and service marketing and all, trademarks, trade names, drawings, pictures, copyrights, droits d’auteur,  patented information and databases and any other intellectual property rights in and to the Agnet are the property of Airbus or its licensors. AIRBUS, Airbus’ logos and product and service designations are protected trademarks of Airbus. Access to and use of the Agnet shall not be construed as assigning nor granting any license in respect of any kind of these proprietary rights. We reserve any rights related to the Agnet that are not expressly granted to users hereunder. 

We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights.

6. Liability

Unauthorized use of this Agnet may give rise to a claim for damages and/or be a criminal offence.

You expressly agree that your use of the Agnet is at your sole risk. Airbus, its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of this Agnet or any information, services or content on this Agnet.

You will be responsible for any loss we suffer as a result of your violation of these Terms of Use or any instructions given by Airbus, including information given during the installation process of the Agnet or instructions related to all security requirement communicated by Airbus to you. You agree to indemnify and hold harmless Airbus and its Affiliates, and their respective successors, assigns, employees, agents, directors, officers and shareholders, managers, licensors and insurers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any instructions given by Airbus or any breach by you of your representations and warranties hereunder.

To the extent permitted by applicable laws, the Agnet and its content are made accessible on an “as is” and “as available” basis. Airbus gives no warranty nor represents, without limitation, that (i) the Agnet and its supporting elements will meet your requirements, (ii) the same will be uninterrupted, timely, or default and error free, (iii) the result that may be displayed through the Agnet will be accurate, up to date or reliable. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to our Agnet, we do not guarantee or warrant that our services or materials that may be downloaded from our Agnet do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our Agnet and any materials available through our Agnet, you do so solely at your own risks. You shall be responsible for backing up your own system, including any content downloaded through the Agnet.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Agnet (or any part thereof) with or without notice. You agree that Airbus shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Agnet. In addition, in the event you breach these Terms of Use or engage in any activity that is harmful to us or our users, we reserve the right to terminate your access to our Agnet or take any other actions that we believe to be in our interest and of our users as a whole.

7. Disclaimers

We will use reasonable skill and care in providing our services to you and in keeping it a safe, secure, and error-free environment, but we do not guarantee that Agnet will always function without disruptions, delays, or imperfections. You use our Agnet at your own risk and subject to the following disclaimers. We are providing our services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from virus or other harmful code. We do not warrant that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. You release Airbus and its Affiliates, and its and their directors, officers, employees, partners, and agents (together, the "Airbus Parties") from any claim, complaint, cause of action, or controversy (together, "Claim") and damages, known and unknown, relating to, arising out of, or in any way connected with any such Claim you have against any third parties. Your rights with respect to Agnet are not modified by the foregoing disclaimer if the laws of your country of residence, applicable as a result of your use of our services, do not permit it.

8. Limitation of liability

Airbus aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services shall be limited to losses that are a reasonably foreseeable consequence of such breach (except in relation to death, personal injury, or fraudulent misrepresentation) and shall not exceed, at all events and all claims combined, the payments made to Airbus DS for under the applicable Subscription during a period of twelve (12) months prior to the last event that gave rise to Customer’s claim. 

Your rights with respect to Agnet are not modified by the foregoing limitation if the laws of your country of residence, applicable as a result of your use of our services, do not permit it.

9. Indemnification

If anyone brings a claim ("Third Party Claim") against Airbus related to your actions, information, or content on Airbus, you will, to the extent permitted by law, indemnify and hold the Airbus Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Agnet, including information provided in connection therewith; (b) your breach of the present Terms of use or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third Party Claim. Your rights with respect to Airbus are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Agnet, do not permit it.

10. Data Protection and Privacy

Airbus is committed to protecting the rights of individuals in line with the General Data Protection Regulation (reference EU2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data as well as each applicable national Personal Data protection laws and regulations

When you access and use the Agnet, we may collect, use and process, to the extent permitted by law, personal data provided by you (such as Messages, status, location (if activated), Calls, etc.) or generated as a result of your access and use of the Agnet.

For more details on how your personal data is used, please consult Agnet Privacy Policy. By using the Agnet, you consent to the collection and processing of your personal data in accordance with Agnet Privacy Policy.

You are entitled to a right of access, modification and deletion as to your personal data. You also have the right to be forgotten, to stop the processing of your personal data and the right to data portability. To this effect, please contact Airbus by e-mail at the following address: dataprotection@airbus.com or write to the address below:

Airbus SAS, Head of Data Protection, HAP, 2 rond-point Emile Dewoitine 31700 Blagnac cedex. France

We are committed to protecting your privacy and the confidentiality of your personal data. However, we are not able to control the use of the information that you provide in your messages or records by the recipient.

11. Modification of the Terms of Use

We may modify or adapt these Terms of Use at any time, for the future. We will inform you of any substantial modification by placing a notice on the Agnet. Your continued access and use of the Agnet after a modification or adaptation of these Terms of Use will be deemed as your acceptance of any modified terms.

If you disagree with any modification or adaptation of the Terms of Use, you must cease accessing and using the Agnet, and deleting your account.

Please note that we may not be able to provide such notice for changes to these Terms of Use that are required to address technical evolutions of our Agnet or for changes made for legal reasons, both of which will become effective immediately.

12. Governing Law and Disputes

These Terms of Use are governed by and construed in accordance with the laws of France, subject to any local applicable non derivable public policy rule.

In case of dispute, we encourage you to contact us on Legal department – Airbus DS SLC - 1 Boulevard Jean Moulin - ZAC de la Clef Saint Pierre - 78990 Elancourt – France, in order to find an amicable solution. If no amicable solution can be reached, any dispute arising in connection with these Terms of Use shall be subject to the jurisdiction of the courts of France. We inform you that you can use a mediation procedure or any other alternative dispute resolution methods, prior to litigation.

13. Miscellaneous

These Terms of Use form the entire agreement between you and us with respect to the subject matter hereof, and supersede the terms of any other communications or advertising with respect to the Agnet. These Terms of Use shall coexist with, and shall not supersede, our Privacy Policy.

If any provisions hereof are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by reason of the laws of any state or country in which these provisions are intended to be effective, then to the extent and within the jurisdiction in which such provisions are illegal, invalid or unenforceable, they shall be severed and deleted from these Terms of Use and the remaining provisions shall survive and continue to be binding and enforceable.

Failure by any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Nothing herein shall be construed as granting, directly or indirectly, any rights to any third parties, and third parties are not allowed to enforce any of the provisions herein against us.

Our Agnet services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Agnet services in any country.

You will comply with all applicable export control and trade sanctions laws ("Export Laws"). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Agnet: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations.

All of our rights and obligations under our Terms of Use are freely assignable by us to any of our Affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our Affiliates, successor entities, or new owner. In the event of such an assignment, these Terms of Use will continue to govern your relationship with such third party. We hope you will continue using Agnet, but if you do not agree to such an assignment, you must stop using our Agnet by deleting your account.

Version 1 – December, 2020.

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