Comeen Play - EULA
COMEEN and/or its affiliates (hereinafter "COMEEN"), operate the COMEEN PLAY solution (the "COMEEN PLAY Solution" or alternatively the "Solution").
The COMEEN PLAY Solution is a smart digital signage solution that allows broadcasting on all types of screens and for all types of usage content such as text and images, videos and other types of information, and made available through a plug&play connected system.
The Solution is provided by COMEEN to the clients (the “Client”) under the terms defined and agreed between the Client and COMEEN and/or if applicable a COMEEN authorized distributor (the “Distributor”).
This End-User License Agreement (hereafter the "Terms") defines the conditions of use of the services related to the Solution (the "Services") by the Client’s authorized users (the "Users").
In the EU and the rest of the world, outside the territory of the United States, the COMEEN Services are provided by:
COMEEN, a simplified joint stock company organized and operating under the laws of France, registered with the Bordeaux Trade and Companies Register under number 834 702 821, VAT number FR28834702821, and having its registered office located at 88 Cours de Verdun, 33000 Bordeaux, France.
In the United States, the COMEEN Services are provided by:
COMEEN, INC., a corporation organized and operating under the laws of the State of Delaware, registered under number 7031441, and having its registered office located at 251 Little Falls Drive, Wilmington, New Castle, 19808 DE.
In order to access the Services, the User must have been duly authorized by the Client, in accordance with the terms applicable between COMEEN and the Client. It is understood that the User may be an employee, agent or representative of the Client or of an affiliated company under its control, or a third-party user or member of a third-party entity, and in any event acting and using the Solution under the Client’s sole responsibility.
The User authorized by the Client may use the Services in accordance with the terms and conditions applicable between COMEEN and the Client. The Client in any case has guaranteed to COMEEN in accordance with such terms that it has all the rights and has obtained all the agreements and authorizations necessary to grant to the User the rights to access and use the Solution under its supervision, control and responsibility, and that the User has been granted all the rights and authorizations necessary to use the Services subscribed to by the Client in accordance with the conditions hereof.
The User is expressly informed that the Client is solely responsible before COMEEN for the processing of all data (the "Client Data") provided and used by them. It is understood that the Client has granted the User all rights and authorizations necessary for the use of the Client Data and the use of the Services by the User. The User must has obtained from the Client, and where applicable from or through the entity to which it belongs, all rights and authorizations necessary for the use of the Client Data and of the Services. In any event, COMEEN is not a party to the relationship between the Client and the Users (or the entities to which they belong) using the Services.
The Services are subject to evolution and COMEEN may delete services as well as propose additional or new services, which shall be integrated into the Solution, and which may be subject to additional, distinct or supplementary terms and conditions of use. The different Services are defined on the COMEEN website at the following address: https://comeen.com/ (the "COMEEN Site").
The use of the Services is expressly subject to full compliance with these Terms in their latest version as of the date of use.
It is understood that it is the Client’s responsibility to have an Internet access and the necessary equipment for its access and its Users’ access to the Services. Users, depending on the rights granted to them, may then create, modify, publish and share Content on the Client's Screen Park (as defined below).
If any provision of the Terms should be considered to be illegal, invalid or inapplicable, for any reason whatsoever, the provisions in question shall be deemed unwritten, without putting into question the validity of the other stipulations, which shall continue to apply.
Failure by COMEEN to take immediate action with respect to acts or failures of the Client and its Users shall not constitute a waiver of COMEEN’s remedy or right to take judicial or other appropriate measures, nor shall it constitute waiver of such action in the future.
"Global Administrator": means any person duly authorized by Client to manage the Client's Screen Park.
"Client": means any individual or entity, acting in a professional capacity, who creates a COMEEN Client account in view of the use of the Services.
"Client Data": refers to the information, documents, exchanges and any other information communicated or provided by the Client and/or its Users, including Content, on the COMEEN PLAY Solution.
"Content": means all Content posted, communicated or provided by Client and Users, and/or relating to Client and/or Users on the Solution and displayed on Client's Screen Park by Client and its Users.
"Documentation": means all installation and user manuals or online help for the Solution provided by COMEEN.
“Integrator”: means Client’s User(s), which may be third-party members of Client’s organization, granted by the Client with the necessary and required administration rights in order to deploy the Solution within Client’s Screen Park.
"Personal Data": means, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (the "General Data Protection Regulation" or "GDPR"), any information relating to an identified or identifiable natural person; it being specified that an "identifiable natural person" within the meaning of the DPMR is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more elements specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
"Screen Park": means all of the Client's screens, hardware and equipment whose Content is administered on the Solution.
"Services": means all functionalities offered by COMEEN on the Solution or related to the Solution.
"Solution": means the COMEEN PLAY Solution, as defined herein, published and operated by COMEEN.
"Terms": refers to the present End-User License Agreement.
"User": means to any person authorized by the Client to access and use certain or all Services in relation to its relationship with the Client, regardless of the access rights granted (Global Administrator, Administrator and any other user). It is understood that the User may be an employee, agent or representative of the Client or of an affiliated company under its control, or a third-party user or member of a third-party entity, and in any event acting and using the Solution under the Client’s sole responsibility.
The User is informed that the Client is solely responsible in relation to COMEEN for the proper functioning of all computer equipment and of their access to the Solution. The Client is solely responsible for the maintenance of its network, its computer system and its Screen Park that shall allow a reliable connection between its equipment and the COMEEN Services. All costs incurred for access and use by the User of the Solution, and in particular connection costs and the costs for the acquisition or renewal of the computer equipment and in particular of the Screen Park and all necessary equipment and materials is under the sole responsibility of the Client.
COMEEN shall not be held liable in the event that the Client's and/or User’s hardware is damaged by malicious software. COMEEN shall not be held liable in the event of impossibility to access the Services due to an event which is beyond its control. COMEEN shall not be liable in the event in particular of attack to the computer equipment of the Client or its Users by malicious software, or in the event of interruption or failure of Internet connection.
The User may only use the Solution in connection with the Services and in accordance with the terms hereof.
Access to the Services requires the creation of an account by a Global Administrator authorized by Client using the form provided for this purpose.
The Global Administrator is authorized by the Client to grant, in the name and on behalf of the Client, the authorizations and rights of use to any User that it has invited to log in to the Solution.
Failure to provide any mandatory information shall prevent registration on the Solution.
The Global Administrator must:
(a) provide true, accurate, current and complete information regarding the information as requested during the registration process; and
(b) maintain and promptly update all information about them to keep it true, accurate, current and complete.
COMEEN reserves the right to update at any time the list of information required to be provided for the creation and maintenance of the Global Administrator Account.
The Client defines the terms of connection and use of the Solution and the scope of the rights to use the Service for the User, according to its designated profile.
In all cases, the future User shall create its profile in accordance with the provisions of these Terms. To do so, it shall provide all information requested by COMEEN using the forms provided for this purpose. Failure to provide any mandatory information shall prevent registration on the Solution.
The Global Administrator and, where applicable, the administrators (the “Administrators”), under the responsibility and authority, supervision and control of Client, validate the registration of Users.
It is in addition specified that the Client, for the purpose of integrating Client's Screen Park(s) into the Solution and the COMEEN system, designates Users with Integrator administration rights. Integrators may be third-party entities, acting in any case under the sole supervision, control and responsibility of the Client, under the contractual relationship binding such entities to the Client, and to which COMEEN is not party.
The User is informed that access to the Services is made through the Internet. It is informed that technical hazards may affect this network and cause slowdowns or unavailability making connection impossible. COMEEN shall not be held liable for difficulties relating to the accessing of the Services due to disruptions on the Internet network.
If the User provides any information that is untrue, inappropriate, obsolete or incomplete, or if COMEEN has reasonable grounds to suspect that such information is untrue, inappropriate, obsolete or incomplete, COMEEN reserves the right to terminate Client's or User's account and refuse any and all current or future use of the Services.
As COMEEN does not have the means to verify the identity or quality of the Users, COMEEN shall not be liable for identity theft in the event of fraudulent registration. In any event, any person who finds that his or her identity has been impersonated while logged in should immediately contact COMEEN at support@Comeen.com to allow COMEEN to investigate and take appropriate action.
to the User must select strong and secure passwords.
These passwords shall not be shared or communicated to third parties under any circumstances. In no event shall COMEEN be liable for the loss of a login and/or password.
It is strictly acknowledged that COMEEN is not a party to all terms and agreements between the Client and the Client’s Users.
The User authorized by the Client may use the Services in accordance with the conditions applicable between COMEEN and the Client.
The Services are intended for professional use. The use of the Services is determined by the Client. The User uses the Services under the responsibility of the Client, COMEEN not being a party to the relationship between the Client and the User.
The Client is responsible in relation to COMEEN for all Content is provided and used through and with the Solution and the Services by its Users.
Client and the Global Administrator designate the Users authorized to use the various COMEEN Services. All of these persons shall act under the Client's responsibility.
The Global Administrator may designate other Users as Administrator(s).
Content is uploaded and synchronized through the Client’s Google Drive or SharePoint account or any other compatible third-party software as defined by COMEEN. Use of such third-party accounts and software is under the Client’s sole responsibility, and is governed by the terms of the corresponding provider applicable to the Client. Client’s Content may also be uploaded and synchronized following the provision of an API. Terms regarding APIs and third-party software (“Third-Party Software”) are defined further in Article 12 of these Terms.
COMEEN may provide additional assistance for the installation and implementation and during the entire duration of the use of the Solution, and in this case in accordance with the terms agreed between COMEEN and the Client.
The Solution and Services are subject to evolution.
COMEEN may offer additional services or new functionalities related to the Services.
These may be subject to additional, separate or supplementary terms and conditions, as the case may be.
Similarly, COMEEN may at its sole discretion modify or discontinue any Service or functionality. In the event of suppression or modification of any Service or functionality.
4.5 Trial Period
Following the registration, and where applicable, the Solution may be used for a limited period of time, as provided by COMEEN, in the form of an individual, non-transferable and non-exclusive subscription depending on the Services.
Users duly authorized by the Client may benefit from a free right of access to try COMEEN features and Services for a period specified on the COMEEN Site on the date of subscription.
During the trial period, the use of the Solution is subject to the present Terms.
The present Terms are applicable upon registration of the User and such for the duration of use the Solution by the User, as subscribed by the Client, and until expiry or early termination of the agreement executed between the Client and COMEEN and/or if applicable with a COMEEN authorized Distributor, or early termination by COMEEN in accordance with the conditions herein.
COMEEN may terminate the User's account or restrict or suspend access to all or part of the Solution's Services in accordance with these Terms and/or the terms and conditions agreed between the Client and COMEEN and/or if applicable with a COMEEN authorized Distributor.
The User may delete its account by the means specified by COMEEN, and in any case by request addressed to COMEEN, subject to and in application with the terms applicable to the Client.
The consequences of termination are defined in the agreement concluded between the Client and COMEEN and/or its authorized Distributor.
In the event of expiry or termination, the licenses subscribed by the Client (the “Licenses”) automatically terminate.
Following account closure, the User shall have the opportunity to download its Content for archiving.
Personal Data shall be immediately deleted from the Solution when the account of the Client and/or the User is definitively deleted.
The Solution is accessible 24 hours a day and 7 days a week, except in the event of an interruption, scheduled or unscheduled, for maintenance purposes or in the event of force majeure.
COMEEN shall make its best efforts to inform the Client prior to the carrying out of maintenance operations or updates. COMEEN shall not be liable in relation to such operations.
Similarly, COMEEN's liability shall not be sought in the event of dysfunction, impossibility of access, or bad conditions of use of the Solution attributable to a material or equipment of the Client and/or its Users which is not adapted, to disturbances attributable to the Client's and/or its Users access supplier, to the congestion of the Internet network, and/or for any other reason foreign or external to COMEEN.
COMEEN undertakes to have the Solution evolve regularly, so that it remains permanently in conformity with the state of the art and the Client's expectations.
COMEEN shall make its best efforts in order for the Solution to be accessible continuously.
Thus, in the event of interruption of service and whatever the cause, COMEEN shall make its best efforts in order for the Solution to be put back into service as soon as possible.
COMEEN undertakes to take all measures in accordance with the rules of the art to guarantee the computer security of its Services and the Solution, in particular against the risks of intrusion or virus.
COMEEN reserves the right to interrupt the operation of the Services or to prohibit the access to the Services or to the Solution when the security of the Solution is threatened (security flaw detected, intrusion, data corruption, virus, malware).
COMEEN may also carry out planned shutdowns of Services, in part or in whole, in particular to carry out maintenance work or updates of the Solution. These shutdowns and maintenance work shall be carried out as far as possible during periods of low activity.
COMEEN shall make in this case its best efforts, when possible, to notify the Client in advance of any planned shutdown of Services.
COMEEN undertakes to restore as soon as possible the access to the Services and the Solution.
Notwithstanding the foregoing, and any interruption of service for safety reasons or planned service interruption as defined above, the service level and intervention undertakings are defined on COMEEN’s Site.
Without prejudice to the service level and intervention undertakings, it is understood that COMEEN is bound by an obligation of means. COMEEN shall not in consequence be liable for any direct or indirect damage suffered by the Client and/or its Users resulting from the unavailability of the Solution, in whole or in part, and no credit note, refund or credit in any form whatsoever shall be emitted in the event of a shutdown under the terms of this Article.
Each Party is required to comply with all applicable regulations, including the applicable regulations relating to the use or protection of personal data (the "Applicable Regulations"), and in particular, on the date hereof, where applicable the provisions of Regulation 2016/679 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 (the "GDPR" Regulation), the French Computer and Freedoms law of 6 January 1978 as amended (the "LIL") and all other applicable regulation as the case may be.
The COMEEN PLAY Privacy Policy is accessible under this link.
In the context of the performance of the Services, COMEEN shall act solely under the Client's instructions under the Application Regulations. COMEEN shall act as processor and the Client as controller.
In this respect, COMEEN and the Client enter into the agreements and clauses applicable under the Applicable Regulations, relating in particular to the description of the processing subject to data processing, COMEEN’s obligations in its capacity as processor to the Client in its capacity as controller, and the obligations of the Client to COMEEN in these respective capacities.
In this context, the Client informs its Users where applicable of the processing of their Personal Data at the time of collection, and more generally of the policy implemented by the Client in relation to the processing of Personal Data, in compliance with the rules relating to the use of Personal Data, and in the context of the relationship between the Client and the User, to which COMEEN is not a party. In any event, it is the User's responsibility to contact the Client regarding the processing of their Personal Data.
It is understood that COMEEN assists the Client in fulfilling its obligation to respond to requests to exercise the rights of the persons concerned: right of access, rectification, deletion and opposition, right to limit processing, right to data portability, right not to be the subject of an automated individual decision (including profiling). Where the persons concerned request COMEEN, in its capacity as processor, to exercise their rights, COMEEN shall forward these requests to the Client.
The COMEEN PLAY Solution, as well as all interfaces and applications developed by COMEEN to access COMEEN PLAY services, available and future, on all present and future operating systems and solutions, as well as all elements relating to the COMEEN and/or COMEEN PLAY brand, including all present and future registrations, logos, drawings, images, photographs, illustrations and all other elements and associated rights remain the exclusive property of COMEEN.
No provision of the present Terms may be construed as granting the Client or its Users the right to use the name of COMEEN, nor the trademarks, logos, domain names and other distinctive attributes of the COMEEN brand. All right, title and interest relating to the Services and/or COMEEN is and shall remain the exclusive property of COMEEN.
The content and data (other than the content and Client Data) included or which can be accessed on and/or through the Solution, in particular any text, graphic, logo, name, brand, designation, tab, functionality, image, sound, data, photograph, graphic, and any other material or software remains the exclusive property of COMEEN. It is protected by intellectual property law and is subject to applicable laws and regulations.
These elements must in no case be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, sold, rented, conceded or exploited (in whole or in part) in any way whatsoever, without the express written agreement of COMEEN. The Client and its Users may not use nor exploit these elements for purposes other than those defined in these Terms. Furthermore, except in the case of mandatory legal provisions, the Client and its Users are not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more derivative work(s) from the COMEEN Solution (in whole or in part).
Finally, COMEEN may use open-source software, and put them at the Client’s and its Users disposal in accordance with their respective license terms of use. The Client and Users may use this software subject to compliance with these conditions of use.
COMEEN declares that it holds all rights of intellectual property relating to the Solution.
COMEEN warrants in particular:
- that the Solution does not constitute a counterfeit of a pre-existing work;
- that it has respected and shall respect the intellectual property rights of third parties, in particular copyright, right on designs and models, patents and trademarks.
COMEEN is committed to taking all measures in conformity with the state of the art to guarantee the integrity of the Client Data, with the proceeding in particular of regular backups of said data.
The Client and its Users may at any time save its data in accordance with the modalities of the Solution and remain solely responsible for backing up its data.
The Client is the sole holder of the rights to its data processed in relation to the Services.
The Client has declared and guaranteed to COMEEN that it holds all the authorizations necessary to the exploitation of its Client Data within the framework of the Services and that it can freely grant license of it in the terms above to COMEEN and its subcontractors.
The Client has moreover declared and guaranteed that by its using and its Users’ using of its Client Data in relation to the use of the Services, it does not exceed any right which would have been granted to it, in whole or part, of its Data and that it does not breach the rights of any third parties.
The User is informed that the Client is solely responsible for the communication and use of Data by the User in connection with the Services. It is also solely responsible for the collection and processing of its Users' Personal Data in accordance with the Applicable Regulations (as defined in Article 9 hereof). It is the sole responsibility of the Client to comply with the applicable legal and regulatory provisions, and in particular the Applicable Regulations, and to obtain any prior authorizations.
The User shall ensure that it does not provide, use or communicate, when using the Services, Client Data which would require that COMEEN complies with laws or specific regulations other than those expressly defined in the present Terms.
Access to the Client Data is solely reserved to the Client and its Users.
However, for the only needs related to the Services, COMEEN may also be able to access such. The duration of conservation of such data by COMEEN shall not exceed applicable legal retention period.
The Client and its Users are informed that COMEEN may access its Client Data and disclose it upon request by an administrative or judicial authority entitled to access the Client Data, and this in compliance with the applicable regulations.
Unless the aforesaid requisition prevents it, COMEEN shall inform the Client without delay of the existence of the requisition and of the Client Data which has been disclosed.
The Client is solely responsible for the creation, selection, design and use of the Client Data by the Users within the framework of the Services. It is also solely responsible for the collection and processing of Personal Data by its Users in application of the regulations applicable to the protection of personal data. It is the sole responsibility of the Client to comply with the applicable legal and regulatory provisions, and in particular the regulations applicable to the protection of personal data, and to obtain any prior authorizations.
The Client has acknowledged that COMEEN has no control over the transfer of the Client Data via the public telecommunication networks used by the Client and the Users to access the Services and in particular the Internet network. COMEEN can not guarantee the confidentiality of the Client Data in relation to the transfer of these on the said public networks.
Finally, it is understood to avoid all doubt that COMEEN may aggregate raw, statistical and anonymized data relating to the reports and audits generated, for their public communication and/or to third parties and all other users of its solutions, software and services, according to the applicable terms and conditions.
COMEEN declines all responsibility in relation to the results pertaining to the use of the Solution, the Services, and more generally of the COMEEN Solution by the Client and the Users.
The Solution being a standard software designed to satisfy the greatest number of Clients, COMEEN cannot guarantee its adaptation to the specific needs of the Client and its Users.
For the avoidance of doubt, COMEEN makes no other express or implied warranty with respect to the Services, including, in particular, any implied warranty of quality or suitability of the Solution for a particular purpose. COMEEN does not guarantee the results of the Services. COMEEN does not guarantee that the functionalities of the Services shall meet the Client's and its Users’ requirements. It is acknowledged that a software may contain errors and that not all errors are economically rectifiable or that it is not always necessary to correct them. Consequently, COMEEN does not guarantee that all failures or errors of the Solution shall be corrected.
Without prejudice to COMEEN’s SLA undertakings, COMEEN shall not be held responsible for any damage, direct or indirect, suffered by the Client and/or the Users, which may result directly or indirectly from the use of the Services and the COMEEN Solution, and it is reminded that the Client holds COMEEN free of any claim in the event in particular of damage undergone by the Users or the Client in relation to the use of the Services, of loss of opportunities or revenue related to the operation or the absence of operation of the COMEEN Solution.
COMEEN declines any and all responsibility relating to the use of the Services.
Without prejudice to COMEEN’s SLA undertakings, being subject to a best-efforts obligation, COMEEN shall not be held liable for any direct or indirect damage undergone by the Client and resulting from an unavailability of the COMEEN Solution, in particular of the losses of data (including of copies or recordings) that the Client or any User could undergo, or of the loss of turnover.
COMEEN shall not in any way be held liable for the possible harmful consequences which could occur due to the use of the Client Data provided by the Client and its Users.
COMEEN shall not be responsible to remedy the damages related to fault or negligence by the Client, the Users or third parties in relation with the use of the Services.
Under no circumstances, COMEEN shall be held liable and compensate for immaterial or indirect damage such as (on a non-limitative basis): operating losses, loss of profit, loss of chance, commercial damage, loss of revenue.
The User shall not:
The Client, through its Users, is required to report any abuse that it may observe on the Solution by:
The Client and its Users shall ensure that the storage and the diffusion of the Client Data through the Solution respects the following rules:
The Client and its Users ensure that the storage and diffusion of the Client Data transmitted on the Solution and objects of the Services do not constitute:
It is reminded to avoid all doubt that the COMEEN and the Client undertake to comply to a general obligation of confidentiality concerning all oral or written confidential information, whatever it may be and whatever the medium, exchanged in the context of the preparation and performance of the Services, except for information that is generally known to the public or that be shall have been known otherwise than through the fault or fault of the Client or Users.
Consequently, COMEEN and the Client have undertaken:
This confidentiality undertaking shall remain in force after the expiry or termination for any reason whatsoever of the COMEEN’s and the Client’s contractual relations for a period of three (3) years.
In any event, this confidentiality obligation is not applicable insofar as the confidential information:
In the event that COMEEN provides an API or access to external software to the Solution (the "Third-Party Software(s)"), the Client and its Users must follow the relevant usage guidelines provided by COMEEN. COMEEN reserves the right, at any time, to modify or discontinue, temporarily or permanently, access to all or part of any Third-Party Software with or without notice. Third-Party Software is subject to changes and modifications beyond COMEEN's control, and the Client is solely responsible for its use and the use by its Users of Third-Party Software in connection with the use of the Solution.
Any use of such Third-Party Software, and any exchange of data between the Client and the Third-Party Software, is subject to the terms of service applied by the relevant provider. COMEEN makes no warranties with respect to such Third-Party Software.
The Solution may contain functionalities designed to interact with Third-Party Software. In order to use these functionalities, access to the Third-Party Software may be required, and COMEEN may be required to have access to the Client and/or User accounts on the Third-Party Software. If the provider of the Third-Party Software ceases to provide the Third-Party Software available for interoperability with the corresponding functionalities of the Solution, COMEEN may cease to provide such functionalities.
The Services may be modified from time to time, at COMEEN's sole discretion. COMEEN may cease (temporarily or definitively) to provide to the Clients and Users, the Services or any functionality of them, to suspend or terminate any Client or User account in accordance with the present Terms and with the COMEEN PLAY Privacy Policy.
The Services and the present Terms are subject to evolution. COMEEN may propose additional services in the future which shall be able to be integrated into the COMEEN Solution, and which may be subject to distinct, additional and/or supplementary terms and conditions.
COMEEN may modify the present Terms and all other terms and conditions or policies relating to the use of the COMEEN Solution.
In the event COMEEN should bring substantial modifications to the present Terms, the Client and the Users shall be informed prior to such, and in any event at least 15 days before modifications affecting the rights or obligations of any party hereto are brought to them, and this via the Solution, or by any other means, to give the Client the opportunity to examine the modifications before they take effect.
The present Terms may be available in several languages. In such a case, in case of conflict or contradiction between the stipulations of the different versions of the present Terms, the English version shall prevail.
Computerized registers stored in COMEEN’s systems, which comply with the regulations regarding security, shall be considered as proof of communication, such as emails, subscription forms, downloaded videos and comments posted. Subscription forms storage is carried out on a support whose nature guarantees the truth and sustainability required by the legal provisions in force. It is agreed that in case of divergence between COMEEN’s computerized registers and the documents under paper or electronic form owned by the Client, only COMEEN’s computerized registers shall be considered.
Any delays in or failure of performance under these Terms shall not be considered as a breach thereof if such delay or failure is caused by a condition of force majeure.
Force majeure shall designate acts of government, acts of god, war declaration by Government and national state of emergency, epidemics and pandemics, terrorism, riots or strikes, of which the effect would be prohibiting or impeding any Party from performing its respective obligations under these Terms, and which are unforeseeable and unavoidable.
The foregoing shall not be considered a waiver under these Terms.
For any question concerning these Terms, COMEEN may be contacted by the means described below.
COMEEN
88 Cours de Verdun
33000 Bordeaux
France
COMEEN, INC.
251 Little Falls Drive, Wilmington, New Castle
19808 DE
United States
These Terms are governed by French Law.
In the event of dispute relating to these Terms, the competent courts of Paris shall have exclusive jurisdiction.
These Terms are governed by the laws of the State of Delaware.
In the event of dispute relating to these Terms, the competent courts of the State of Delaware shall have exclusive jurisdiction.