GEOCONCEPT SAS GENERAL TERMS AND CONDITIONS OF USE FOR SAAS SOFTWARE SERVICES

1- DEFINITIONS

The definitions given below apply to the terms used in this agreement:

"Bug": a fault in the Solution that manifests as a permanent and reproducible dysfunction, that is, as an operational malfunction within the Solution preventing it from functioning as described in the accompanying documentation, and that cannot be ascribed to incorrect utilization or modification made to the Solution on the part of the Customer or any other user, whether authorised or not;

"Order" or "Product proposal": any document constituting the order issued by the Customer and accepted by GEOCONCEPT SAS or by one of its distributors, or constituting the sales proposal issued by GEOCONCEPT SAS and accepted by the Customer;

"Customer": the legal entity or person issuing an Order directly to GEOCONCEPT SAS or to one of GEOCONCEPT SAS’s distributors, this Order being accepted by GEOCONCEPT SAS;

"Documentation": documentation for the Solution supplied electronically;

"GEOCONCEPT SAS": the publishing company producing the Software products that are the subject of these general terms and conditions;

"Identifier": designates both the individual user ID ("login") and the connection password ("password"), communicated to the Customer on subscription to the service;

"Resource": a person (technician, sales representative, etc.), a vehicle (car, van, truck, etc.), mobile object, etc. for which the Software product optimises the planning of appointments or interventions;

"GDPR": General Data Protection Regulation, the European legislation, and specifically article 2016/679, relating to the protection of personal data and the free movement of these data;

"SaaS": Software as a Service means the model by which the Solution hosted by the supplier is made available remotely, via the Internet;

"Application services": the service offered in SaaS mode by GEOCONCEPT SAS enabling utilization of the Solution by the Customer;

"Site": the site or business premises from which the Customer accesses Software services in SAAS mode;

"Solution": a series of operational functions developed by GEOCONCEPT SAS expressly for the purpose of supplying corporate functions developed by GEOCONCEPT SAS and accessible services in the framework of Application services that are the subject of this agreement;

"Users": the Customer’s employees and any private individual who is a member of the Customer’s staff, that is, under the authority, directly or indirectly, of the Customer’s management, and who exercises the right to use described in the present agreement;

"Geographic area": geographic area for which the Customer is authorised to use the Software product, the analyses and treatments applied by the Customer using the Software product being limited to information included exclusively within this area (for example, a country, a group of countries, a region, a town, etc.).

2- PURPOSE AND SCOPE OF THE AGREEMENT

2.1

GEOCONCEPT SAS grants the Customer, who in turn accepts, the right to access GEOCONCEPT SAS’s servers subject to the conditions defined below, along with the right to use the Solution in object code, for the duration stipulated in the Order or Product proposal, for their own and personal needs, on a non-exclusive, non-assignable and non-transferable basis, and subject to the terms and conditions set out in this agreement, and including a number of services as defined below, and notably the hosting of data, maintenance and technical assistance.

2.2

Access rights to servers and utilization of the Solution is granted for a limited duration in return for payment of a license fee for each rental period, and for the Site, Number of users, Number of resources and Geographic area as stipulated in the Order or Product proposal. The Customer may benefit from hosting and maintenance services for the duration of the specified term, and so long as their right to use as granted by the terms and conditions of this agreement have not expired or been terminated.

3- EFFECTIVE DATE, TERM AND RENEWAL

3.1

The present provisions come into effect on the date indicated in the Order, Product proposal or invoice and shall be renewed by tacit agreement for successive periods of one year unless the agreement is terminated by one of the parties in writing by recorded delivery, such a termination being sent at least three months prior to the end of the current contractual period.

3.2

Acceptance by the Customer of the present terms and conditions is said to have been acquired from the date and time the Customer first exercises their rights to use as granted by present agreement.

4- DESCRIPTION OF APPLICATION SERVICES

4.1 SOLUTIONS

GEOCONCEPT will provide the Customer with access to the Solutions on their servers via the Internet network.

GEOCONCEPT will provide Data hosting, maintenance and security for Solutions, back-up and storage of data, and deliver the services as described in this agreement.

Data for Customers located in the European Union are hosted in the European Union.

4.2 NETWORK

The Customer must have Internet access enabling access to the servers hosted by GEOCONCEPT SAS. GEOCONCEPT SAS will not be held responsible for interruptions attributable to network failure or faults on the internet supply line to or at the Customer’s premises, and particularly draws the Customer’s attention to the importance of the choice of product supplied by the operator, and notably safeguarding options they may offer in the form of installing a parallel line to protect against problems associated with interruptions to the network connection.

4.3 ACCESS TO SOLUTIONS

Customer identification when accessing Application services is achieved as follows:

EITHER an identifier and password attributed by GEOCONCEPT to the Customer’s named Administrator,
OR an identifier and password attributed by the Customer to its users.

Identifiers are issued to provide secure access to the hosted Solutions by the Customer’s Users, and to protect the integrity and availability of the Solutions, as well as the integrity, availability and confidentiality of the Customer’s Data, as transmitted by Users.

The Customer will reserve this right of access for their exclusive use and within the perimeter as defined for their dataset.

One identifier will be reserved for use by GEOCONCEPT SAS technical support to enable delivery of maintenance and support operations. The Customer will be able to connect using this identifier at any time - with the exception of scheduled maintenance periods - 24 hours a day, 7 days a week, including Sundays and bank holidays.

The procedure for access as defined by GEOCONCEPT SAS must be scrupulously respected by the Customer.

Access takes place:

Via the Customer’s computers;
From any roaming or mobile Customer computer;
Where applicable, from a third party application communicating via integrated systems supplied by GEOCONCEPT SAS.

4.4 IDENTIFIER CONFIDENTIALITY

Identifiers are personal and confidential. The Customer undertakes to make every possible effort to keep identifiers secret and not to communicate them in any form whatsoever.

The Customer will ensure that no unauthorised person or third party has access to the Application services. As a general rule, the Customer accepts liability for the security of individual workstations used to access Solutions. In the event that the Customer becomes aware that someone other than their own staff is accessing the Solutions, they agree to inform GEOCONCEPT SAS without delay, and will confirm this in writing, by recorded delivery.

In the event of loss or theft of an identifier, the Customer will use the established procedure set up by GEOCONCEPT SAS enabling retrieval of identifiers.

4.5 INFRASTRUCTURE MAINTENANCE

Advance warning of any infrastructure hosting maintenance operations (modifications made to the information system, database, and network components, etc.) will be issued to the Customer if it is anticipated that there will be any impact on service availability. The planning and organization of these maintenance operations are handled by GEOCONCEPT without any requirement for the Customer’s consent or approval.

Maintenance operations for the Solution will be carried out so as to cause as little disturbance as possible to Users. A minimum of 8 hours’ prior notice warning Users of impending maintenance operations will systematically be given.

4.6 RESTRICTIONS ON USE

The Customer must deploy GEOCONCEPT SAS Services within the limitations as defined in the Order or Product proposal (Resources, Sites, Users, Geographic area, Volumes and handling capacity, etc.).

5- RIGHT TO USE THE SOLUTION

5.1 General points

GEOCONCEPT SAS grants the Customer the right to use the Solution subject to the conditions exactly as described hereafter, to the exclusion of any other utilization, and therefore:

in accordance with its intended purpose, as described in the Order or Product proposal and in the Documentation;
for the number of Users or Resources and for the Geographic area indicated in the Order or Product proposal;;
in accordance with the present agreement as well as with the instructions and conditions for security, utilization and correct operation contained in the Documentation.

5.2 Limitations

The Solution must be used exclusively to fulfil the Customer’s individual and personal needs, to the exclusion of any other utilization, and notably any commercial utilization, directly or indirectly, this being subject to obtaining the express agreement of GEOCONCEPT SAS beforehand.

Utilization of the Solution with a view to offering a remunerated, or non-remunerated, service to users is not authorized by the present agreement.

Any utilization that has not been expressly authorized by the present agreement or that does not conform with the intended destination of the Solution or with its Documentation, or with the stipulations of the Intellectual property code, is illicit or illegal.

The Customer is not authorised to optimize the routes of a total number of Resources that exceeds the maximum number authorised by the Order or Product proposal over the course of several sessions, even if each individual session only handles a part of the overall total number.

The Customer acknowledges they have been informed of the existence of a protection system limiting the number of authorised Resources.

5.3 Specific obligations

Due to the technical complexity of the Solution and the need for the company GEOCONCEPT SAS to ensure coherence of the whole of its product range, the latter reserves the right to correct any bugs identified in the Solution.

6- QUALITY OF APPLICATIONS SERVICES

The Customer affirms they have been warned of the technical uncertainties inherent to the Internet, and the interruptions to access that may occur as a result. In consequence, GEOCONCEPT SAS will not be held responsible for any unavailability or delay in Application services linked to any malfunction associated with Internet access between the Customer’s workstations and the GEOCONCEPT SAS infrastructure, if access to the infrastructure is not the cause. In other respects, GEOCONCEPT will deliver services as defined in the present agreement.

It is the responsibility of the Customer to respect volume thresholds as indicated in the Order and to warn GEOCONCEPT SAS in the event of an increase of its needs in terms of handling capacity.

GEOCONCEPT cannot be held responsible for any impact of unavailability on the Customer’s business activity.

7- MAINTENANCE AND TECHNICAL ASSISTANCE

7.1

Customer calls upon these services will be answered from Monday to Friday, 9.00am until 6.00pm (5.00pm on Friday) Central European Standard Time

by email, using the email address support@geoconcept.com (this method is to be preferred)

using the technical services request form found on the mygeoconcept.com website, reserved for the use of GEOCONCEPT customers and enabling access to dedicated support content on numerous topics relating to the Solutions
by telephone on +33 (0)1 72 74 76 82
from Monday to Friday, 9:15am until 12:30pm, and then from 1:45pm until 5:45pm (5:00pm on Fridays) CEST

There is no service on Saturdays, Sundays, or Bank holidays, nor on days where the company is closed exceptionally: customers are given one month’s advance warning of such days.

7.2

In the case where GEOCONCEPT SAS uses a local partner to provide contact services, the service availability times will be those stipulated by the partner in question.

7.3

The telephone number and email address given by GEOCONCEPT SAS to the Customer are strictly confidential and are to be used exclusively by Software product Users for the purpose of describing occasional difficulties encountered when using the Solution, or to report Bugs they may have identified.

7.4

Involvement of the Customer: in order that the Customer may benefit from services provided under the best possible conditions, they must:

immediately inform GEOCONCEPT SAS of any Bugs they identify in their regular operation of the Solution;

have a good working knowledge of the Solution and the Customer’s Information System, and have personal knowledge of the Bug, the existence of which they are reporting;
collaborate to facilitate the work provided by GEOCONCEPT SAS of analysis and consultancy, by communicating all information in their possession such as the circumstances under which a Bug manifests, and the operations made to remedy or work around the bug.

7.5

GEOCONCEPT SAS will cease to deliver maintenance services if it becomes apparent that the Customer:

is not using the software correctly, and in a way that reveals lack of knowledge of the Documentation, instructions on-line, or utilization guidelines communicated by GEOCONCEPT SAS;
is not respecting/failing to observe their obligations as described in the present agreement.

7.6

Specifically excluded from the scope of GEOCONCEPT SAS’s maintenance services are interventions in response to anomalies caused by errors identified in the Customer’s data, or by a faulty configuration of the Customer’s data files;

7.7

Interventions on the part of GEOCONCEPT SAS are payable, at the tariff in force, in the event of faulty utilization, and notably in the event of:

an error of utilization taking into account the documentation, instructions provided on-line, or instructions for use as communicated by GEOCONCEPT SAS;
failure to respect the obligations clearly assigned to the Customer as described in the present agreement;
anomalies caused by errors identified in the Customer’s data, or by a faulty configuration of the Customer’s data files.

7.8

GEOCONCEPT SAS will undertake to consider any Bugs reported by the Customer, and decide on how to implement a correction as a function of GEOCONCEPT SAS’s evaluation of how serious the Bug is, and their own staff availability and capacity and software development calendar.

7.9

GEOCONCEPT SAS does not guarantee that all Bugs will be corrected.

7.10

The Customer is entitled to submit suggestions for possible improvements to the Solution that GEOCONCEPT SAS may decide to implement, or not.

7.11

Unless otherwise stipulated in the Order, the maintenance service extends to providing a response to up to ten Customer requests (by telephone, email, or on-line request form) for assistance in relation to problems not associated with Bugs in the Solution.

8- DATA HANDLING

8.1 DATA EXPLOITATION

The Customer is solely responsible for the quality, lawfulness, and pertinence of Data and contents that they transmit for the purpose of their use of the Application services. In other respects they guarantee they are the owner of any intellectual property rights enabling them to use the Data and contents. In consequence, GEOCONCEPT SAS accepts no liability whatsoever in the event of non-conformity of Data and/or content with laws and regulations relating to public policy or to the needs of the Customer. More generally, the Customer is solely responsible for content and messages distributed and/or downloaded via the Application services. The Customer remains the sole owner of the Data constituting the content of the Solutions.

8.2 DATA SECURITY

Each of the parties undertakes to implement appropriate technical means to ensure the security of Data.

Subject to the article entitled "Liability", GEOCONCEPT SAS undertakes to preserve the integrity and confidentiality of Data contained in the Solutions. GEOCONCEPT SAS has put in place such technical and organizational measures as to prevent any fraudulent access or utilization of the Data and to prevent any loss, alteration or destruction of Data.

9- FINANCIAL TERMS AND CONDITIONS

9.1 ROYALTIES

Financial terms and conditions are stipulated in the Order, or if not, at the GEOCONCEPT SAS tariff in force at the signature date of the Order.

Royalties payable for Services are indicated in euros and are exclusive of taxes and charges.

9.2 PAYMENT TERMS

Notwithstanding the duration of the commitment to provide Application services, these will be invoiced annually. Invoices are payable immediately, within 30 days from reception, by cheque or bank transfer.

9.3

GEOCONCEPT SAS may revise its prices without prior notice at the annual renewal date, price revisions being calculated as follows:

Pn= Pn * (Sn / Sn-1)

Pn = New price

Pn-1 = Price paid the preceding year

Sn = Syntec Reference Index for the month at a level of -4 in the calendar in relation to the first month of the new annual period

Sn-1 = Syntec Reference Index for the month at a level of –16 in the calendar in relation to the first month of the new annual period

9.4 For example, if the maintenance period expires on 31 December 2017, the first month of the new period is the month of January 2018. The Syntec Reference Index Sn is the index for the month of September 2017, and the Syntec Reference index Sn-1 is the index for the month of September 2016.

9.5 Any increase in the number of Resources or Users, or the enlargement of the Geographic area will result in a revision to the total payable as annual royalties.

10- REVISION OF THESE GENERAL TERMS AND CONDITIONS

10.1

The present general terms and conditions of use are subject to revision between two successive versions of the Software product. Acceptance of the terms of this agreement for a given version of the Software product will apply only for this version, and this version alone.

11- WARRANTY

11.1

GEOCONCEPT SAS’s guarantee for the Software product shall be limited as defined in this clause.

11.2

GEOCONCEPT SAS does not guarantee that the Software Product will fulfil the requirements of the Customer, the latter having chosen the Software Product as a function of their needs, that they have themselves defined.

11.3

Interventions performed by GEOCONCEPT SA will be charged at the going market rate on the day of the request, in the event of a faulty utilization, and notably in the event of:

an error of utilization taking into account the documentation supplied, any instructions provided on-line or any instructions about utilization communicated by GEOCONCEPT SAS;
failure to respect the obligations clearly assigned to the Customer in this agreement;
any unauthorised modification made to the Software product;
any anomalies caused by errors found to exist in the Customer’s data or because of a faulty configuration of data files belonging to the Customer.

11.4

Due to the state of the art, GEOCONCEPT SAS does not guarantee bug-free functioning of the Software Product, nor that all Bugs will systematically be corrected.

11.5

In the framework of the limited warranty provided by the present agreement, GEOCONCEPT SAS does not commit to correcting Bugs in the Software product. In the case where a bug manifests causing the software to block or hang up, or a major bug is reported by the Customer during the 30-day warranty period, GEOCONCEPT SAS will make every effort to provide a correction if this is available

11.6

GEOCONCEPT SAS does not guarantee the Software product will function with all operating systems, nor with other applications that are no longer supported by their respective software publishers.

12- OWNERSHIP

12.1

The Customer must inform all staff or those working for them of the conditions governing the right to use as defined in this agreement.

12.2

The Customer agrees to take all necessary steps with regard to staff or others working for them to ensure the terms and conditions for the right to use the software, as stipulated in this agreement, are respected. The Customer shall immediately take all necessary steps to stop any illicit use and shall inform GEOCONCEPT SAS in writing of any infringement of which they are aware.

12.3

The Customer agrees to allow GEOCONCEPT SAS to conduct an audit at the Customer’s premises for the purpose of verifying compliance with the obligations set out in this agreement, provided that the audit shall be performed in such a manner as to avoid unreasonable interference with the Customer’s business activity at their premises.

13- TRADEMARKS

13.1

The company GEOCONCEPT SAS remains the sole owner of its trademarks, names, logos, acronyms, colours, graphic designs or images, and notably the names "GEOCONCEPT SAS" and "Geoconcept".

13.2

Both the parties agree to fully respect the trademarks of the other party, and not to directly or indirectly tamper or interfere with such trademarks in any way whatsoever

14- LIABIILITY

14.1

The Software Product is supplied as it is, without any guarantee as to quality, performance, or results. GEOCONCEPT SAS does not guarantee that the operation of the Software product will be uninterrupted or error free, nor that the software will fulfil the requirements of the Customer or function within any particular configuration of software or hardware components chosen by the Customer.

14.2

Under no circumstances will GEOCONCEPT SAS be held liable for any indirect or consequential damage such as commercial prejudice, loss of clientele, loss of orders, commercial disturbance or difficulty, loss of profit, loss of brand image.

14.3

Any action taken against the Customer by a third party shall be considered as indirect prejudice, and consequently will not give rise to any claim, save where applicable, through application of the "AUTHORSHIP GUARANTEE" clause.

14.4

Any development and use of applications created using APIs available in the Solution are performed entirely through deployment of the Customer’s own competency, and are the sole responsibility of the Customer.

14.5

Due to the specificity of geographic information systems, GEOCONCEPT SAS is subject to an obligation of means. Consequently, it cannot be held responsible for negligence except where negligence is proved by the Customer for indemnifiable damages as defined in this agreement, and within the scope of the liability defined in clause 15.6.

14.6

Without prejudice to the provisions of the present article, in the event that the responsibility of GEOCONCEPT SAS were to be established in the case of a proven fault in executing its service offering, liability will be strictly limited to the reimbursement of the price cited on the Order or Product proposal for the Software product concerned.

15- PERSONAL DATA PROTECTION

15.1 GDPR compliance

In the event that the Solution is used to perform data processing operations on personal data, the Customer is considered as the person responsible for Data Processing in the sense of General Data Protection Regulation (GDPR). GEOCONCEPT SAS guarantees that the Solution fulfils the obligations of "privacy by design, and data protection by default" and fulfils all GDPR requirements.

In particular, and in a non-exhaustive manner, GEOCONCEPT SAS guarantees that the solution includes:

a procedure for processing an individual’s full data set to fulfil the exercise of the right to access;
a procedure for deleting data, on the request of individuals concerned, or at the due expiration date.

15.2 Obligations of GEOCONCEPT SAS with respect to the Customer

In the framework of maintenance services, in order to verify the reproducibility of the Bug, GEOCONCEPT SAS may be called upon to request the Customer to provide the files in which the problem has been identified by any communication means: in this specific case, GEOCONCEPT SAS is recognized as the subcontractor with regard to the Customer according to the GDPR, the Customer themselves being held responsible for data security.

The Customer and GEOCONCEPT SAS will implement appropriate technical and organizational measures as required to guarantee a level of security appropriate to the risk, including among other things, and depending on requirements, pseudonymization and encryption of personal data prior to transfer.

GEOCONCEPT SAS undertakes to:

Process data solely for the purpose of performing agreed maintenance tasks;
Process data in accordance with the instructions documented by the Customer. If GEOCONCEPT SAS considers an instruction to be in breach of European regulation on the protection of data or any other clause of European Union law, or of the law of member states relating to data protection, they must immediately inform the Customer of this fact;
Guarantee the confidentiality of personal data processed in the framework of the present agreement;

Check that individuals authorized to process personal data in the context of this agreement:

1. Commit to respecting confidentiality, or are subject to an appropriate statutory duty of secrecy;
2. Receive the necessary training as regards personal data protection.
Destroy all personal data at the conclusion of the term of service delivery relating to the processing of these data;
Guarantee appropriate terms and conditions such as contractual clauses regarding protection of personal data when transferring to recipients located outside the European Union so that the same rules of security and confidentiality are applied by subsidiaries of GEOCONCEPT SAS outside the European Union when data relating to the present agreement are processed;
Take into account in the framework of any implementation of tools, products, applications or services, from the design and development stage, the legal requirements and principles for protecting data by default

Reminder regarding obligations of the Customer with regard to GDPR (General Data Protection Regulation):

Under their legal obligations as the responsible party for processing data, the Customer will be held responsible for the undertaking of the following:

supplying relevant information to users concerned by data processing operations at the time of any data collection, including providing information about the possible transfer of information to recipients located in a country outside the European Union, provided for by appropriate guarantees in accordance with article 46 of the GDPR;
implementing methods for collecting the consent of individuals providing data, and keeping records of consent given;
implementing technical and organizational measures to guarantee minimization of data and data security.

16 AUTHORSHIP GUARANTEE

16.1

GEOCONCEPT SAS guarantees to defend the Customer in the event of any third party claim or litigation for infringement in France of copyright arising from the use of the Solution, and will indemnify the Customer for any financial consequences of a final court judgement, on condition however:

that GEOCONCEPT SA is immediately notified by the Customer in writing of the alleged infringement;

that the Customer allows GEOCONCEPT SAS to oversee the defence of the action and of all negotiations in view of a settlement;
that the Customer cooperates fully with GEOCONCEPT SA in the defence and negotiation proceedings.

GEOCONCEPT SA will only undertake to pay legal fees or other payments where these have been acknowledged and accepted in writing by themselves.

16.2

In the event that GEOCONCEPT SAS is itself subject to such an allegation, or if GEOCONCEPT SAS deems that they may become the subject of such an allegation, the Customer accepts that GEOCONCEPT SAS, at the choice and expense of the latter, will:

Either obtain the right to continue to use the software/Solution on behalf of the Customer;
Or replace the software/Solution;
Or modify the software/Solution in such a way as to put an end to the counterfeit.

16.3

If none of these solutions can be reasonably implemented, the Customer shall agree, in response to a request from GEOCONCEPT SAS, not to continue to access the Service.

16.4

GEOCONCEPT SAS is under no obligation in relation to the Customer when an allegation results from the combination, implementation, or utilization of the Solution with devices, data, or programs not supplied by GEOCONCEPT SAS.

16.5

The provisions of the present clause define all of GEOCONCEPT SAS’s obligations in relation to the Customer as regards copyright infringement.

17- TERMINATION

17.1

If the Customer fails to comply with any of the provisions of this agreement, and such failure is not rectified within 30 days from receipt of GEOCONCEPT SAS's registered letter notifying the Customer of the breach of contract concerned, GEOCONCEPT SAS shall be entitled to terminate this agreement without prejudice to any damages it may claim

17.2

Any late payment shall give rise to the payment of:

late payment penalties calculated on the basis of the six-monthly reference rate as published by the Central European Bank (CEB) increased by de 10 points dating from the day following the due date, without any obligation on the part of GEOCONCEPT SAS to issue a reminder notice;
of an indemnity of 40€ as recovery fee.

The payment of these penalties and fixed indemnity is without prejudice to damages and interest GEOCONCEPT SAS may claim, nor to their right to terminate the agreement.

18- ASSIGNMENT

18.1

The present General Terms and Conditions may not, under any circumstances, be assigned, totally or partially, free of charge or against payment, in whatever form, without the prior written consent of GEOCONCEPT SAS.

18.2

GEOCONCEPT SAS may give its consent on condition that:

18.3

The assignee agrees to respect the terms and conditions of the present agreement, it being agreed that GEOCONCEPT SAS reserves the right to invoice the assignee for the full sum as cited for the right to use the GEOCONCEPT SAS Application services in application of the tariff in force at the time of the assignment.

19- GENERAL CONDITIONS

19.1

In the event of any difficulty of interpretation between any of the titles featuring for one of the clauses, and the clause itself, the title shall be deemed to be non-existent.

19.2

The present General Terms and Conditions express the full set of obligations of the parties involved. No other general or specific condition appearing in any document sent or submitted by the parties, shall be included in the present agreement.

19.3

If one or several provisions in this agreement of General Terms and Conditions are held to be invalid, illegal, or unenforceable, or confirmed to be such following a definitive decision on the part of a competent legal authority, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

19.4

The failure by either party to enforce any provisions of this agreement or to exercise any right in respect thereto shall not be construed as constituting a waiver of rights thereof.

19.5

GEOCONCEPT SAS reserves the right to publish a list of its customers, in which the name of the customer might feature, and which may be used for publicity purposes, in their technical documentation or other company literature.

19.6

The present agreement of General Terms and Conditions shall be governed by the French law.

19.7

THE PARTIES AGREE THAT, IN THE EVENT OF ANY DISPUTE, EXPRESS JURISDICTION IS ATTRIBUTED TO THE NANTERRE (FRANCE) COMMERCIAL COURTS NOTWITHSTANDING MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, INCLUDING URGENT OR EX PARTE PROCEEDINGS