Terms of service - VIAMICHELIN API SERVICES

YOUR COMPANY (HEREINAFTER "CLIENT") WILL BE ABLE TO ACCESS THE VIAMICHELIN API SERVICES ONLY IF IT HAS AGREED TO BE BOUND BY THE FOLLOWING EVALUATION TERMS AND CONDITIONS BY TICKING THE APPROPRIATE ACCEPTATION BOX IN THE REGISTRATION FORM.

IF YOU DO NOT AGREE TO THOSE TERMS AND CONDITIONS, DO NOT USE THE VIAMICHELIN API SERVICES.

By ticking the box "I have read and accepted the terms and conditions for evaluating ViaMichelin API Services", Client acknowledges that it has read and accepted, without qualification, these evaluation terms and conditions and affirms that it will use ViaMichelin API Services in accordance with the provisions of said terms and conditions and applicable law.

Michelin Travel Partner (MTP) is a simplified French corporation ("société par actions simplifiée”) with stated capital of 11.629.590 €, registered with the Nanterre Trade and Companies Registry under number 433 677 721, whose principal office is located at 27, cours de l’Ile Seguin, 92100 Boulogne-Billancourt Cedex, France.

1 DEFINITIONS

The following terms and expressions, whether singular or plural, have the indicated meanings.

“Party" or "Parties": means, depending on the context, Michelin Travel Partner and/or Client.

"Client": means any legal entity that adds ViaMichelin API Services to its testing environment of their Internet Site.

"Internet Site": means Client's Internet Site.

"Services" or "ViaMichelin API Services": means the map display, route calculation and geolocation services provided by ViaMichelin.

ViaMichelin API Services functions are described on the ViaMichelin Developer Network Site.

"API (Application Programming Interface)": means the ViaMichelin interface that allows ViaMichelin API maps and routes to be placed directly on Client's Internet Site/software

"Authorized Users" means Client's employees and/or agents appointed by Client and authorized by ViaMichelin for the purpose of testing the ViaMichelin API Services.

"Evaluation Period" means forty-five calendar days from the date the Identification key is remitted to Client.

"Identification Key": means the identifier provided by Michelin Travel Partner to Client to allow it to test and evaluate ViaMichelin API Services.

"Request": means a request sent from the Web browser of Client's Site

Authorized User to ViaMichelin's servers.

"Results Page": means a Web page that displays MTP content in response to a Request by a Client Site Authorized User.

"MTP Content": means Michelin Travel Partner content such as maps, routes, geographic coordinates (x,y), photos, video, points of interest such as tourist sites, hotels, weather and other ViaMichelin data.

"ViaMichelin Developer Network Site":   means the ViaMichelin Internet Site accessible at the URL http://dev.viamichelin.com.

The ViaMichelin Developer Network Site describes, inter alia, Service functions and allows Client to register to obtain an Identification Key to add the Services to its Internet Site.

2 PURPOSE

The purpose of these general terms and conditions is to set forth the terms and conditions pursuant to which Michelin Travel Partner will provide ViaMichelin API to Client on a limited, non-exclusive and no-cost basis for internal business evaluation purposes to determine whether Client will purchase the Services.

ViaMichelin API Services allow Client Internet Site Users to:
-         see digital maps

-        calculate routes to or from an address

-        geocode an address, i.e., obtain the geographic coordinates (x,y) to find a location on ViaMichelin maps and route guides

-        confirm an address

-        search Points of interest in a database

Service functions are listed on the ViaMichelin Developer Network Site.

 

3 EVALUATION OF VIAMICHELIN API

3.1 Accessing Services

Use of ViaMichelin API Services requires an Identification Key which can be obtained on the ViaMichelin Developer Network Site after filling out the register form with its identity, contact information and Internet Site domain name.
Client warrants that all information provided for its registration is true and complete.
Client shall be solely liable for use of the Services using its account and for keeping the Identification Key received upon registration confidential.

3.2 Restricted use

Client commits to use ViaMichelin API Services for internal business test and evaluation purposes made by Authorized Users to determine whether Client will purchase the Services, and no other purposes.

Client hereby agrees to not exceed a maximum number of Requests set at:

- 10,000 Requests in a 24-hour period from midnight to midnight for Requests toview maps and/or search for hotels
- 1,000 Requests in a 24-hour period from midnight to midnight for Requests to calculate routes and/or for geocoding.

If this number of Requests is exceeded, MTP reserves the right to suspend access to ViaMichelin API Services by users of Client's Site until the expiration of the 24-hour period during which said limits were exceeded.

3.3 Respecting the Integrity of MTP Content

Client hereby agrees not to extract, store, copy, archive or print the MTP Content and the Results Pages, including portions of said Content. In particular, Client shall be prohibited from storing and/or archiving of geographic coordinates (x,y) provided by the geocoding function of the Services. The geographic coordinates obtained by Client may only be used temporarily for the duration of the Authorized User session to locate the corresponding address on a ViaMichelin map and/or route guide and for no other purpose.

In any event, Client shall be prohibited from creating or developing a data base using MTP Content and Results Pages, including portions of said Content.

Client hereby agrees to respect the integrity of MTP Content and not use the Services in such a way as to alter or modify said Content in whole or in part.

Client hereby agrees to display and not infringe on, modify and/or remove the copyright notices and statements of ViaMichelin and its providers that may appear on the ViaMichelin Results Pages.

Client hereby agrees not to use the route calculation, geocoding and hotel search functions with maps other than those provided by ViaMichelin API Services.

Client hereby agrees not to use the Services in a manner that might adversely affect their performance, accessibility and their availability.

Client hereby acknowledges that it must use the Services in accordance with laws and regulations in force. Client hereby agrees not to use the Services to receive or transfer illegal, defamatory or infringing information or content.

Client hereby agrees not to reverse engineer, decompile, or disassemble the Services, except within the limits authorized by law and in according with ViaMichelin intellectual property rights.

 3.4 No obligation to purchase

 Nothing in this Agreement will obligate Client to purchase ViaMichelin API Services. Any purchase of the Services or portion thereof will be subject to a separate, mutually acceptable purchase agreement.

 

4 CONSEQUENCES OF SERVICE TERMINATION

Upon termination of the agreement, MTP will cease to provide the Services and Client hereby agrees to remove the codes to call the Services from the pages of its testing environment of its Site Internet, cease any use of its Identification Key and destroy all copies thereof.

 

5 TERM AND TERMINATION

5.1 Term

The Services are provided to the Client for forty-five (45) days from the date Client receives the Identification Key.

5.2 Termination for breach

If Client breaches any of its obligations set forth herein, in particular, those stated in Section 3 above, MTP reserves the right, without notice    or prior information, to:

-        suspend providing the Services, thereby blocking access to the Services by Users of Client's Internet Site, or

-        terminate this agreement and cease providing the Services, without prejudice to ViaMichelin's right to claim damages from Client.

 

6 INTELLECTUAL PROPERTY

ViaMichelin holds all intellectual property and/or license rights to any whatsoever of the items used in the ViaMichelin API Services, such as the MTP Content, trademarks and logos, API, maps, routes, programs, images, photographs, animation, video, geographic coordinates (x,y) provided and/or changed by MTP. This Agreement grants Client no rights to any such intellectual property rights except for the limited rights of use expressly granted herein in article 3.

 No right is granted by MTP to Client based on the use of the trademarks, logos and/or other distinctive symbols of ViaMichelin. Any reproduction and/or representation by Client of the trademarks, logo and/or other distinctive symbols of ViaMichelin is strictly prohibited.

In the event of infringement on ViaMichelin API Services and/or the MTP Content, Client hereby agrees to immediately so inform MTP.   Client hereby agrees to allow MTP to defend its rights to terminate such acts of infringement and receive any damages that may be awarded to it, provided that MTP bears all costs of defending its interests.

 

7 WARRANTY - LIABILITY

The Services are provided "as is" without warranty of any kind. Unless otherwise explicitly stated, the Services are not intended for use in any mission critical application. To the maximum extent permitted by law, any and all warranties of any kind whatsoever, including implied or statutory warranties, including but not limited to those of merchantability, fitness for a particular purpose, title or non-infringement, accuracy or completeness of responses, results, reasonable car or workmanlike effort, lack of negligence, or of lack of viruses, all with regard to the Services are expressly excluded.

MTP doesn't warrant that :         

-        The service will meet the Client's requirements                 

-        The service will be uninterrupted, secure or bug-free                      

-        The result that may be obtained from the use of the service will be accurate or reliable

-        Any error in the service will be corrected

-        MTP will not be liable for any direct and consequential, incidental, indirect, economic or punitive damages whatsoever (including but not limited to damages for loss of business or personal profits or confidential information, business interruption or any other pecuniary loss) arising out or in any way related to the use of or inability to use the Services, even if MTP has been advised of the possibility of such damages.

 

8. DATA PRIVACY

Both Parties may collect and use personal information while providing and evaluating the Services. Both Parties strictly undertake to process and store the personal information that they may collect in compliance with French Law No.° 78-17 dated 6th January 1978 "Informatique et Libertés" as amended by French Law No.° 2004-801 of August 6, 2004 and with the provisions of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

 

9. CONFIDENTIALITY

Client shall not disclose the results of performance / tests run on the Services without ViaMichelin's prior consent.

 

10. MISCELLANEOUS

Client may not sell, transfer, assign, delegate this Agreement or any other rights and obligations under this Agreement. Client agrees that at the end of the evaluation period, ViaMichelin is under no obligation to enter into an agreement with Client. 
This Agreement shall be governed and construed in accordance with French law. 
Any dispute arising out of or in connection with this Agreement shall be resolved amicably. If the Parties fail to reach an amicable settlement, the dispute shall be resolved by the Courts of Nanterre - France.

 

[V. April 2013]

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