IFP Energies nouvelles (« IFPEN »)
Public industrial and commercial establishment,
whose registered office is 1 & 4 avenue de Bois-Préau, 92500 Rueil-Malmaison, France, and registered under the number 775 729 155 at the Nanterre Trade and Companies Register
Tél. : +33 (0) 1 47 52 60 00
Director of the publication : Mr. Didier Houssin, Chairman and Chief Executive Officer
Website host :
OVH SAS au capital de 10 069 020 €
RCS Lille Métropole 424 761 419 00045
Code APE 2620Z
N° TVA : FR 22 424 761 419
Siège social : 2 rue Kellermann - 59100 Roubaix – France
Website design and development :
Development by Mangin Thierry
Webdesign by FB-graphiklab
GENERAL TERMS AND CONDITIONS
By navigating on the website « https://www.plugim.fr», you explicitly accept to respect and comply with the present General Terms and Conditions (hereinafter referred to as the “Terms”) and declare to have read the Terms. In case of any contradiction of the present Terms and the provisions of an eventual specific agreement related to the use of the plug im! Software that you may have concluded with IFPEN, the terms and conditions of the said agreement shall prevail.
In the present Terms, the following terms, used either in singular or in plural, shall have the following meaning:
1.1 “Content”: means the Software, the Plugins, the Documentation, databases, comments, images, texts, data, photographs, illustrations, animations, links, as well as any other information available on the Website.
1.2 “Developer”: means a User who uploads Community Content on the Website
1.3 “Developer Corner”: means the area of the Website dedicated to the creation and upload of User Plugins, accessible to Users via their User Account.
1.4 “Documentation” : means the support documents, user guides or online support for the Software and/or the Plugins available on the Website.
1.5 “Login Data”: means the information necessary for the connection to the User Account.
1.6 “Official Plugin”: means a Plugin developed by IFPEN and/or its partners as well as the data contained in such a Plugin and which functions are verified by IFPEN.
1.7 “Plugin”: means the file containing additional functions for the Software.
1.8 “Proper Needs of Research”: means the User’s or IFPEN’s academic or internal needs of research, excluding any commercial use.
1.9 “Software”: means the software “plug im!”, developed by IFPEN destinated to visualize and process signals, images and 3D-images as well as the data contained in this software.
1.10 “User”: means any person navigating on the Website, who accedes to the Website’s functions and/or uploads User Plugins.
1.11 “User Account”: means the account created by an User.
1.12 “User Plugin”: means a Plugin developed by an User.
1.13 “Website”: means the website available on https://www.plugim.fr.
The purpose of the present Terms is to define the rights and obligations applicable to any functionality of the Website and its Content.
3. USE AND ACCESSABILITY OF THE WEBSITE
3.1 Use of the Website
According to the conditions of the present Terms, any User may navigate, access to the Content of the Website and download the Software, the Official Plugins and User Plugins available, without creating a User Account.
To create and upload User Plugins, according to the conditions defined hereafter, the User has to create a User Account by following the procedure detailed here below.
In any case, the User undertakes to respect the present Terms and not to infringe or harm, in any case whatsoever, public order, to respect the rights of third parties and to comply with all applicable laws and regulation.
Any publication of an illegal Content or any Content potentially infringing third party rights, defamatory, violating an intellectual property right, being a virus, or in general, any Content potentially punishable by civil or penal law, is strictly prohibited.
3.2 Control and removal of Content published by a User
IFPEN informs not to exercise neither control, nor moderation of the Content uploaded and published by an User on the Website, in particular, but not limited to User Plugins and Documentation. Regarding the Content published by an User, IFPEN is therefore, acting as hosting company in the sense of act n° 2004-575 from 21th June 2004 for confidence in a digital economy (loi n° 2004-575 du 21 juin 2004 pour la confiance en l’économie numérique).
As soon as IFPEN gains effective knowledge of any illegal Content on the Website as a result of a request of any right-holder, IFPEN will remove such a Content from the Website or will disable access to such a Content, promptly and without prior notice to the concerned User who cannot engage IFPEN’s responsibility in any kind whatsoever.
To report such an illegal Content to IFPEN, the concerned right-holder shall notify to IFPEN the information listed in article 6 I 2) of the act n° 2004-575 from 21th June 2004 for confidence in a digital economy, namely the following information:
- The date of the notification;
- If the notifying person is a natural person: her/his first name, sure name, function, residence, nationality, date and place of birth; if the notifying person is a legal person: its social form, company name, registered office and the legal representative;
- The company name and registered office of IFPEN;
- A description of the disputed facts and their precise localization;
- He grounds for which the Content shall be removed, including a reference to legal provisions and supporting evidence;
- A copy of the correspondence addressed to the author or the editor of the disputed information or activity requiring their interruption, removal or their modification, or the a justification that the author or editor could not be contacted.
3.3 Accessibility of the Website
The access to the Website may be interrupted at any moment, without prior notice, notably in a case of force majeure, of maintenance of the Website or if IFPEN decides to suspend or to stop to provide the service of the Website.
As detailed in article 10 here below, IFPEN may not be held responsible for any perturbation, interruption or difficulty regarding the internet and the access to the Website and will therefore not be liable to the User for any compensation or damages of whatsoever nature.
4. PROPERTY OF THE WEBSITE, OF THE SOFTWARE AND OFFICIAL PLUGINS
4.1 Property of the Website
Any Content and in particular but not limited to the Software, the Plugins, the Documentation, databases, texts, videos, images, animations appearing or being available on the Website, are protected by intellectual property rights. The User undertakes not to copy, translate, reproduce, sell, publish, exploit and diffuse any Content of the Website, except expressly authorized in the present Terms.
Trademarks and logos displayed on the Website are, except particular cases, the property of IFPEN. Any total or partial reproduction of such trademarks and logos, without prior written authorization, is prohibited.
4.2 Property of the Software and Official Plugins
IFPEN and, as the case may be, its partners, owns and retains all proprietary rights and intellectual property rights, in particular but not limited to copyright, patents, trademarks trade and industrial secrets, concerning the Software, Official Plugins, and the related Documentation.
5. LICENSE GRANTED TO THE SOFTWARE AND OFFICIAL PLUGINS
5.1 Subject to the provisions of the present Terms, IFPEN grants to the User a non-exclusive right to use the Software, the Official Plugins and the related Documentation, solely for its Proper Needs of Research and in accordance with their destination. This user-right shall be free of charge.
Besides the authorized share within the User’s organization solely for the User’s Proper Needs of Research, the abovementioned user-right is non-transferable and without the right to sub-license. Therefore, the concerned User guarantees the respect of the present Terms by the members of its organization.
5.2 Under this user-right, the User can, strictly limited to its Proper Needs of Research, reproduce permanently or provisionally, the Software and/or the Official Plugins, in order to lead, display, execute, transmit or store the Software and/or the Official Plugins and to share them within its organization, according to the provisions here above.
In this context, the User can make a safety copy of the Software and/or the Official Plugins.
5.3 Except if expressly authorized in article 5.1 or 5.2, the User has no right to (and has no right to authorize a third party to):
- Copy, print, transfer, transmit or display the whole or parts of the Software and/or Official Plugins;
- Sub-license, sell, resell, transfer, cede, share, distribute, rent, use commercially, sub-contract or generate in any way a revenue of whatsoever nature on the basis of the use of the Software and/or Official Plugins; any commercial use of the Software and/or Official Plugins by the User is strictly prohibited;
- Make available the Software and/or Official Plugins to third parties;
- Copy the Software and/or Official Plugins in any public or decentralized network;
- Decompile, arrange, disassemble, analyze, reverse engineer the Software and/or Official Plugins or parts of it, or try to discover the source code or any other operational mechanism except if authorized by law;
- Modify, adapt, translate or create any derived work based totally or partly on the Software and/or Official Plugins, subject to the provisions concerning User Plugins;
- Delete or modify in whatsoever way any patent, copyright, confidentiality notice or proprietary notice and any other notice or trademark in or on the Software and/or the Official Plugins;
- Use the Software and/or the Official Plugins for the provision of any service to third parties.
5.4 It is precised that IFPEN does not make available to the User the source code of the Software and the Official Plugins.
5.5 It is expressly agreed that the User will not correct itself any error of the Software and/or Official Plugins, IFPEN, or as the case may be its partner, reserves such a right.
5.6 At any time, IFPEN reserves the right to remove the Software and/or Official Plugins from the Website, notably in case of any planned commercial exploitation by IFPEN.
6. CREATION AND MANAGEMENT OF USER ACCOUNTS
If the User wants to create and upload User Plugins according to the conditions detailed in the present Terms, the User has to create a User Account by following the procedure defined here after.
The account opening is, in principle, open to any legal person and any natural of legal age and capacity.
The User has to complete the account opening form of its Account, available at the space “https://www.plugim.fr/login”. The User has to complete the mandatory fields, which are notably the User name, a valid E-mail address, a password and the name of the organization for which the User intervenes. The User is in charge for the correctness of the information and undertakes to inform IFPEN of any necessary update.
By inserting its Login Data, the User may the accede to its User Account.
6.2 Management of the User Account
The access to an User Account is strictly personnel and the User undertakes to keep save and secret its Login Data and to alert IFPEN in case of any unauthorized use of its User Account. Any operation executed by the User Account, is presumed to be made by the respective User.
IFPEN expressly reserves the right, at its discretion, to refuse, suspend or delete the creation of a User Account or a User Account, if the activity of the User breaches the present Terms and/or contravenes IFPEN’s or the Website’s image, without the possibility to engage IFPEN’s responsibility in whatsoever way.
7. PERSONAL DATA PROTECTION
7.1 According to act no. 78-17 form 6th January 1978 for computing, files and liberty, act no 2004-575 from 21st June 2004 for confidence in a digital economy, act no 2016-1321 from 7th Octobre 2016 for a digital republic and the “General Data Protection Regulation” (Regulation no. 2016/679 of 27 April 2016), IFPEN informs the User, that:
- IFPEN, represented by its President Mr. Didier Houssin, is the controller of the personal data and can be contacted under :
IFP Energies nouvelles
1 & 4 avenue de Bois-Préau, 92500 Rueil-Malmaison Cedex, Francer
Tél. : +33 (0) 1 47 52 60 00
To exercise the rights concerning personal data protection, the User can contact IFPEN’s designated data protection officer under (accompanied by a valid proof of identity): firstname.lastname@example.org.
- IFPEN collects and proceeds the User’s personal data (name, E-mail address, affiliation, IP-address) in order to provide the service of the Website to the User. In particular, the data is processed to:
- enable the creation of , the connection to and the use of the User Account,
- enable the User to make comments on the Website,
- provide a user assistance in case that the User has lost its Login Data,
- as the case may be, to remove or delete any illegal Content published by a User.
- Apart the Content published by the User on the Website, accessible to any User, IFPEN informs not to intend to share, sell or transfer personal data collected with any third party, without the User’s prior consent, unless being obliged by a legitimate reason (legal obligations, right of defense, etc.).
7.2 Furthermore, IFPEN informs the User that:
- IFPEN stores the personal data:
- as long as the User Account is active,
- or for as long as necessary to resolve disputes and/or enforce our rights and agreements;
- The User has the rights, which the User may exercise by contacting IFPEN’s data protection officer as stated in article 7.1 a) here above :
- To obtain from IFPEN the confirmation whether or not personal data from the User is processed and to access personal data, to access to information about the personal data concerned (e.g.: purpose of processing, categories of personal data concerned, envisaged storage period or the criteria used for its determination) and the right to obtain a copy of the personal data undergoing processing from IFPEN,
- To obtain from IFPEN for rectification of inaccurate personal data concerning the User (including the right to have incomplete personal data completed, including by means of a supplementary statement),
- To obtain from IFPEN for erasure of personal data concerning the User (“Right to be forgotten”): IFPEN is obliged to erase such personal data in certain cases (e.g. the personal data is no longer necessary for the purpose for which it was collected or processed, see article 17 of the Regulation no. 2016/679 of 27 April 2016),
- To obtain from IFPEN restriction of processing the personal data in certain cases (e.g. if personal data have been unlawfully processed and the User opposes erasure and requests the restriction of their use instead, see article 18 of the Regulation no. 2016/679 of 27 April 2016),
- To issue directives for the conservation, deletion and communication of personal data after death,
- The user also disposes of a right to data portability which means that the User has the right to receive from IFPEN the User’s personal data provided to IFPEN and to transmit such personal data to another controller (if technically feasible, the User has the right that IFPEN transmits directly the personal data to the other controller ;
- The User has the right to lodge a complaint with a supervisory authority (CNIL);
- IFPEN also informs the User that the provision of personal data related to in article 7.1 b) here above is a contractual requirement, necessary for the use of the functions of the Website and especially for the creation of a User Account. If the User fails to provide such data, the concerned user may not use the full functions of the Website, e.g. a User who fails to provide the personal data necessary for the creation and use of the User Account may not create User Plugins.
7.3 IFPEN undertakes to adopt appropriate technical and organizational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to prevent any unauthorized access or processing of personal data.
8. CREATION, PUBLICATION AND MANAGEMENT OF USER PLUGINS AND THE RELATED DOCUMENTATION
8.1 The User who has created an User Account according to the above-mentioned procedure, can create User Plugins in the Developer Corner. The User holds any proprietary and intellectual property right on its User Plugins, subject to the right that the User concedes in the context of the present Terms.
8.2 The User who has created an User Plugin can upload and publish such a User Plugin as well as the related Documentation on the Website in the dedicated Plugin space. Therefore, the User authorizes IFPEN to host the User Plugin on the Website’s server according to the present Terms.
By doing so, and without any additional formality, the User makes the User Plugin available to any other User and IFPEN and concedes to the other Users and IFPEN to its User Plugin the same user-rights as defined in article 5 here above. The User also authorizes the display of its User Plugin on the Website as well as its integration in the Plugin search engine.
In the Developer Corner, the User can manage, modify or delete its User Plugins according to the functionalities of the Developer Corner.
8.3 The User guarantees (i) to detain all necessary rights regarding its User Plugins for the application of the present Terms, in particular but not limited to intellectual property rights, (ii) not to violate any third party rights, (iii) and in general not to upload and/or publish any illegal Content, not to infringe, in whatever way, public order and to comply with applicable laws and regulation.
8.4 As detailed in article 3.2, IFPEN does not control the Content uploaded and/or published by the User, including User Plugins and the related Documentation, and reserves the right to remove and/or delete any Content signalized as illegal from the Website, without the possibility to engage IFPEN’s responsibility.
According to article 10 here under, IFPEN declines any responsibility, of whatsoever nature, regarding any data or file loss regarding the Content uploaded and/or published by the User on the Website.
The Website may contain links to websites from partners or third parties, created by IFPEN or Users. IFPEN has no control about such websites and therefore gives no guarantee and shall not be liable regarding the respect of applicable laws and regulation by such websites.
An User may only create a hyperlink on the Website, if:
- the website does not violate any applicable law or regulation and is not contrary to good morals;
- the hyperlink is not contrary to IFPEN’s interests,
- the hyperlink enables the other Users and IFPEN to identify the origin and the author of the document.
10. LIMITATION OF RESPONSIBILITY
10.1 Subject to the provisions of article 7, the use of the Website and its Content remains under the sole responsibility of the User who assumes all consequences of such an use and IFPEN declines any responsibility, of whatsoever nature. Therefore, the User waives any right of recourse against IFPEN.
10.2 In any case, IFPEN may not be held responsible for any damage resulting from the use of the Website or its Content, of whatsoever nature, in particular, but not limited to:
- Financial or commercial damages, loss of profits, loss of earnings, damages of third parties, or legal action taken by a third party against the User as well as the consequences of such an action;
- Loss of any data, the User being solely responsible for the storing of its data, in particular the data created during the use of the Software and the Plugins all along the use of the Website;
- Violations of intellectual property rights by a Content totally or partially uploaded by a User on the Website;
- Suspensions and/or termination of a User Account;
- Perturbations, interruptions or difficulties with the internet and the access to the Website and the Content;
- Virus infections of the data, software or any other device of the User and any malware intrusion, the User being solely responsible for the protection of its devices.
11. APPLICABLE LEGISLATION, DISPUTE RESOLUTION
11.1 The present Terms and all rights arising from or connected therewith shall be construed, interpreted and applied in accordance with French law.
11.2 In case of difficulty regarding the interpretation, execution or validity of the Terms the User and IFPEN endeavor to use their best efforts to settle amicably their eventual differences in a period of two (2) month from their occurrence. All disputes arising in connection with this Agreement which cannot be resolved amicably shall be submitted to the competent French courts of Nanterre (France).
12.1 In case that any provision of these Terms be or become ineffective or invalid in whole or in part, the effectiveness and validity of the other provisions of these Terms shall not be affected. Such ineffective or invalid provision shall be replaced by a provision which comes as close as legally possible to what IFPEN and the User would have agreed, pursuant to the meaning and purpose of the original provision and of these Terms if they had recognized the ineffectiveness or invalidity of the original provision.
12.2 IFPEN reserves the right to amend and/or update the present Terms with future effect from time to time, as necessary for technical, economic or legal reasons.
13. QUESTIONS AND COMMENTS
IFPEN invites Users to inform IFPEN about any error, omission or obsolete information or to send their questions and comments, accompanied with a copy of the concerned Content, to: email@example.com
Date : August 30, 2018