iTop Hub Terms of Use


The iTop Hub (hereafter “Hub”) is an online one stop place offering the access to downloadable software product extensions, installation of those, reference documentation, means for sharing information between iTop Community members and a personal workplace for tailored services (“My iTop Hub”) that interoperate with applicable Products (as defined below). 

By visiting the iTop Hub website, you agree that you are visiting and using the iTop Hub website governed by the legally binding terms and conditions described in these iTop Hub Terms of Use ("Terms of Use"), which you acknowledge represents an agreement between you and Combodo, a French company (SIREN company ID 522588979). If you are agreeing to these Terms of Use on behalf of a company or other organization, you concede that you have the authority to bind that company or organization to these Terms of Use. 
If you use the iTop Hub, including any associated Hub Products, you will be bound by these terms of use.

  1. The iTop Hub

In the iTop Hub (hereafter “Hub”), you can access, browse, download, install Products that can be any software, service, content, data or other digital materials that you download, install or use via the Hub (including after you download it). In some cases, Hub Products may also include any updates, upgrades and other changes that you later use or download from the Hub. Products made available on the Hub are provided and licensed to you by Combodo or third parties, as described in these Terms of Use.

 

  1. Using and Downloading Hub Products

    1. 1 General:

After you select a Hub Product, you may download, install and/or run the Hub Product for your use on a device on which you have installed (or otherwise access) a Combodo product with which the Hub Product is designed to interoperate. Hub Products can be used only on devices that also have a Combodo Product installed.

  1. 2 Evaluation:

Combodo may offer free evaluation and/or other limited versions of Hub Products so you can preview before you download the full version. If the Hub Product is only provided for evaluation purposes, your rights are limited to an evaluation license which permits you to use, download, install, and/or operate the Product for a limited period of time or a limited number of temporary users, in each case as determined by Combodo. On the expiry of the evaluation period, the Product will cease to function and you will remove and delete all copies of such Product in your possession or control.

 

  1. Use of and Restrictions on Hub Products

    1. 1 Licenses to Use Hub Products:

Your use of a Hub Product will be governed by the Affero general public license, hereafter «AGPL", (complete terms and conditions https://www.gnu.org/licenses/agpl-3.0.html). The software is not the property of the client, but the AGPL guarantees: 

  • The freedom to run the software for any purpose; 
  • The freedom to study how a program works and adapt it to their needs, which requires access to source code;
  • The freedom to redistribute copies; 
  • The freedom to publish modified versions for the benefit of the community 

If you do not want to comply with the AGPL for a Hub Product, you must not use that Hub Product. 

  1. 2 Consent to Use Data:

You agree that Combodo may collect and use technical data and related information, including without limitation, technical information relating to your device, system, Hub Product, that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Hub Product. Combodo may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technology to you.

 

  1. 3 Disclaimer:

You agree that you bear all risks associated with using or relying on Hub Products from the Hub. Combodo does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Hub Products (including without limitation any applications or content contained therein), regardless of who originated that content (including Combodo’s employees, partners, affiliates or moderators), and even if a Hub Product complies with the Hub Guidelines. Combodo hereby disclaims all warranties, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to such Hub Products. Combodo shall not be liable or responsible in any way for any losses of any kind relating to your use of or reliance upon any Hub Products in the Hub.

  1. 4 Indemnification:

You agree to indemnify and hold Combodo and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related losses or costs (including reasonable attorney fees and costs), arising out of your use of the Hub or any Hub Products, your violation of these Terms of Use or the AGPL, or your violation of any rights of a third party.

  1. 5 Compliance with Law and Reservation of Rights:

You will use the Hub and Hub Products in compliance with all applicable laws. Except for the rights explicitly granted to you in these Terms of Use and in the AGPL for each Hub Product, all right, title and interest in the Hub and the Hub Products are reserved and retained by their respective providers, publishers and rights holders. You do not acquire any ownership rights in the Hub or the Hub Products because of downloading, installing or using the Hub or the Hub Products.

  1. 6 Support and Maintenance of Hub Products: 

Any support and maintenance of the Hub Products shall be provided by the Publisher and only to the extent described in the AGPL. 

 

  1. General

    1. 1 Compliance with Export Laws and Regulations

You may not use or otherwise export or re-export the Hub Products except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Hub Products may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Hub Product, you represent and warrant that you are not located in any such country or on any such list.

  1. 2 U.S. Government Users

If you are a U.S. Government end user, the Publisher is providing the Hub Products to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you by the Publisher for the Hub Products are the same as the rights the Publisher customarily grant to others under the AGPL.

  1. 3 Termination; Amendments

Your rights under these Terms of Use will automatically terminate without notice from Combodo if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Hub and the Hub Products, and Combodo may immediately revoke your access to the Hub without notice to you. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of Combodo’s rights. Combodo may amend any of these Terms of Use terms at its sole discretion by posting the revised terms on the Hub website. Your continued use of the Hub or the Hub Products after the effective date of the revised Terms of Use constitutes your acceptance of such revised terms.

  1. 4 Damages 

Without limiting any Disclaimer of Warranties and/or Limitation of Liability in the AGPL, in no event shall Combodo or its agents, its software licensors' total liability to you for all damages arising out of or related to your use or inability to use the Hub or any Hub Products exceed the amount of fifty euros (50.00€).
 This limitation will apply to you even if the remedies fail of their essential purpose.

  1. 5 Governing Law; Arbitration 

These Terms of Use are governed by the laws of France, and, subject to the following sentence, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Grenoble, France. 
With a view to finding a solution to any dispute arising in the performance of this contract, the contracting parties agree to meet within 30 days of sending a registered letter with acknowledgment of receipt, notified by either party.
If, after a period of 30 days, the parties cannot agree on a compromise or solution, the dispute will then be subject to the jurisdiction referred to below.
Any dispute concerning the conclusion, interpretation, performance or termination of this contract will be submitted to the exclusive jurisdiction of the court of Grenoble, including summary proceedings, notwithstanding the introduction of third parties or multiple defendants.

  1. 6 Copyright infringement

If you believe that any content in the Hub violates your copyright, please notify Combodo's copyright agent in writing. The contact information for Combodo’s copyright agent is at the bottom of this section. Combodo cannot take action unless you give us all the required information. In order for Combodo to take action, you must do the following in your notice:

  1. provide your physical or electronic signature; 
  2. identify the copyrighted work that you believe is being infringed; 
  3. identify the item that you think is infringing and include sufficient information about where the material is located (including which website) so that Combodo can find it; 
  4. provide Combodo with a way to contact you (such as address, telephone number, or email); 
  5. provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by Combodo; and 
  6. provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed. 


Here is the contact information for Combodo’s copyright agent: 


COMBODO 
Attn to Copyright Enforcement 
5, Rue de l’Octant
F-38130 ECHIROLLES
FRANCE

E-Mail: legal(at)combodo.com (please change (at) by @ sign before email sending)

 

  1. 7 Contact Information:

For communications concerning these Terms of Use please write to legal(at)combodo.com (please change (at) by @ sign before email sending)

  1. 8 Assignment:

You may not assign or transfer the agreement formed by your agreeing to these Terms of Use. Combodo may freely assign, transfer, and delegate its rights and obligations under these Terms of Use. You acknowledge and agree that Combodo’s affiliates, contractors and service providers may exercise all rights of Combodo under these Terms of Use.


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