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I would like to incorporate a geolocation solution (Internet, Intranet, portals, mobile, PDA...) in order to: Show the location of my commercial establishments Offer mapping and route solutions to my prospective customers/existing customers (e-commerce) Enhance my in-house IT systems Rationalise staff travel: tracking, fleet management, logistics Target marketing campaigns effectively Control internal and external costs (expense claim forms) Offer better remote local services (call centres) Become a ViaMichelin partner Other Don't know

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VIAMICHELIN REST API EVALUATION TERMS AND CONDITIONS


	
		YOUR COMPANY (HEREINAFTER "CLIENT") WILL BE ABLE TO ACCESS THE VIAMICHELIN REST 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 REST  
		API SERVICES.
	



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



	ViaMichelin is a simplified French corporation ("société par actions 
	simplifiée") with stated capital of €40,287,000, registered with the Nanterre 
	Trade and Companies Registry under number 433 677 721, whose principal office is 
	located at 110 Avenue Victor Hugo, 92514 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, ViaMichelin and/or Client.
	

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

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

	"Services" or "ViaMichelin REST API Services": 
	means the map display, route calculation and geolocation services provided by ViaMichelin. 
	ViaMichelin REST API Services functions are described on the ViaMichelin 
	Developer Network Site.
	

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

	"Authorized Users" means Client's employees and/or agents appointed by 
	Client and authorized by ViaMichelin for the purpose of testing the ViaMichelin REST 
	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 ViaMichelin to Client to allow it to test and evaluate 
	ViaMichelin REST 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 ViaMichelin content in response to a Request by a 
	Client Site Authorized User.
	

	"ViaMichelin Content": 
	means ViaMichelin 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 ViaMichelin will provide ViaMichelin REST 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 REST 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 REST API
3.1 Accessing Services

	Use of ViaMichelin REST 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 REST 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 
			to view 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, ViaMichelin reserves the right to suspend 
	access to ViaMichelin REST 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 ViaMichelin Content

	Client hereby agrees not to extract, store, copy, archive or print the ViaMichelin 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 
	ViaMichelin Content and Results Pages, including portions of said Content.
	

	Client hereby agrees to respect the integrity of ViaMichelin 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 REST 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 REST API 
	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, ViaMichelin 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 Suspension – Termination for breach

	If Client breaches any of its obligations set forth herein, in particular, 
	those stated in Section 3 above, ViaMichelin 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 REST API Services, 
	such as the ViaMichelin Content, trademarks and logos, API, maps, routes, programs, 
	images, photographs, animation, video, geographic coordinates (x,y) provided and/or 
	changed by ViaMichelin. 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 ViaMichelin 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 REST API Services and/or 
	the ViaMichelin Content, Client hereby agrees to immediately so inform ViaMichelin.
	

	Client hereby agrees to allow ViaMichelin to defend its rights to terminate such acts
	of infringement and receive any damages that may be awarded to it, provided that 
	ViaMichelin 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.
	

	ViaMichelin 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
		
	
 


	ViaMichelin 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 ViaMichelin 
	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. August 2010]