END-USER LICENCE AGREEMENT

DEFINITION

The terms below used in this End-User License Agreement are defined as follows:

EULA: refers to this End-User License Agreement.
User: person who visits and/or uses the Montpellier Business Plan site and/or software.
Access code: comprised of a login name and password.
Account: user account comprised of access codes.
Business plan: a global statement and description of business goals.
Software: refers to the Montpellier Business Plan application.
Montpellier Business Plan software: name of the software application, running in SaaS mode, created by Montpellier Méditerranée Métropole.
SaaS: Software as a service
Project leader: person who has a project to create a business activity.
Guest: person who receives access codes from a user in order to access that user's business plan.

PRESENTATION

This End-User License Agreement applies to the use of the Montpellier Business Plan software application, available for use free of charge in SaaS mode after the user registers on the site https://montpellier-business-plan.com. After the user ticks the checkbox to accept the EULA on the on-line form, confirmation of said form indicates the user's acceptance of this EULA.

The Montpellier Business Plan software is developed by Montpellier Méditerranée Métropole, based on methods and expertise offered by the Montpellier Méditerranée Métropole Business and Innovation Centre (BIC).

As a pioneer in the business incubation effort in France and Europe, Montpellier Méditerranée Métropole BIC is an internationally recognized startup incubator, designated as Incubator of the Year 2007 by NBIA, the international incubator network. The BIC has received several awards for its Web tools and software, including the DigiBIC Award in 2011 designated by EBN, the European BIC Network.

Over the past 5 years, Montpellier Méditerranée Métropole BIC has assisted over 500 startups with their creation and growth. Success has also been demonstrated by the survival rate of these companies: over 88% were still in business after 3 years (compared to Insee's evaluation of 63% nationwide in France), with 75% still active after 5 years.

Leveraging its Business and Innovation Centre, Montpellier Méditerranée Métropole is a unique contact for helping innovative companies reach success faster.

Since 1987, BIC has accompanied over 500 companies on the road to long-term success, with a three-year survival rate that is much higher than the national average.

The Montpellier Business Plan application was originally developed to help entrepreneurs assisted by Montpellier Méditerranée Métropole BIC elaborate their business plans. With the goal of sharing its expertise and experience as widely as possible, Montpellier Méditerranée Métropole BIC published the solution free of charge for all project leaders and entrepreneurs who need it.

The application is freely available in SaaS mode via the Internet, after the user opens an account on the site https://montpellier-business-plan.com.

By opening an account onhttps://montpellier-business-plan.com, the user may create up to 5 business plans online. He/she may decide, as appropriate, to offer business plan access to one or more guests, such as financial partners, shareholders, advisors, etc.

Contact: bic@montpellier3m.fr - +33 467 130 000

AVAILABILITY OF INFORMATION

All the information presented here is strictly for informational purposes. The information present on the site does not in any manner whatsoever represent personalized advice and may therefore not be brought for legal purposes before a court of law.

The information provided on the site explicitly does not cover any specific situation.

In addition, Montpellier Méditerranée Métropole does not guarantee the accuracy of information provided, nor the completeness of said information, on its site https://montpellier-business-plan.com. Montpellier Méditerranée Métropole is committed to providing the best quality information possible, but shall in no manner be held responsible in case of incomplete or inaccurate information on the above-mentioned Web site. Every user is therefore encouraged to contact a professional for consideration of his/her specific situation.

REMARKS ABOUT THE SITE

By accepting this End-User License Agreement, the user agrees that he/she is solely responsible for information distributed by him/her, and furthermore agrees:

• To not communicate material, opinions, or other information that is defamatory, abusive, obscene, violent, racist, or, more generally, in breach of current law or regulations, individual rights, public order, or morals.
• To provide real and accurate information that is up-to-date at the time of data entry, and in particular to not use false names, titles, or addresses, or unauthorized names, titles, or addresses.
• To abstain from any commercial prospection or distribution of advertising. Montpellier Méditerranée Métropole reserves the right to delete any slanderous, misleading, harmful, or advertising commentary, or any commentary that does not respect the above-mentioned dispositions.

ASSISTANCE
Users are invited to check the online FAQ, accessible on the site, to find answers to common questions or to post questions regarding problems or issues they may encounter.
For maintenance purposes, the service provider may be required to access online business plans. The service provider is bound by a strict confidentiality agreement.

ACCESS CODES
Access codes to use the software are personal and must not in any case be provided to any third-parties. If said codes are nonetheless provided to a third-party, the user takes full responsibility for any ensuing actions or results. However, it is possible to give one or more third-parties (financial partners, shareholders, startup consultants, etc.) read-only rights to your business plan(s), with a special guest code sent by the site.

It is expressly forbidden to use a single account massively, such as for groups, notably in the context of training sessions and other uses. It is therefore forbidden to distribute an account's access codes, which could result in massive or fraudulent use of that account.

DATA PROCESSING

This site is registered with the French Data Privacy Register under the number 49.

In compliance with the Data Privacy Act of January 6, 1978, the user has the right to access and modify personal information stored by this site.

Personal information collected by this site, in addition to that information required to register on the site in order to use the software, is the result of voluntary and unrestricted transmission by the user. Data is collected by this site only for the purpose of providing the requested information to Montpellier Méditerranée Métropole, for advice and/or Montpellier Méditerranée Métropole service offers by Montpellier Méditerranée Métropole, and/or its providers.

DATA SECURITY
Data is transfered via a secure link using encrypted data exchange. Montpellier Méditerranée Métropole agrees to provide the best possible data security, but shall not be held liable for consequences in the event of a security breach that may occur.

DATA BACKUP
The user agrees that he/she has been informed by Montpellier Méditerranée Métropole that it is recommended, when exercising proper computer usage practices, to export and make a backup of data onto alternative media after each major modification made to one or more business plans. The lack of such a backup reduces the user's chances of being able to limit data loss that could occur following an anomaly in the operation of his/her software application, and may also reduce the scope of support services offered by Montpellier Méditerranée Métropole. The user recognizes that it is his/her responsibility to implement a procedure to ensure the recovery of data, files, or programs that have been destroyed, damaged, or lost. Montpellier Limited shall not be held liable in any manner for any incurred data loss whatsoever.

DURATION OF DATA STORAGE
In case a business plan remains inactive for a period of six months or more, said business plan shall be deleted automatically within the following three months.

LIMITATION OF RESPONISIBILITY

Montpellier Méditerranée Métropole shall not under any circumstances be held liable for any direct or indirect damage (including income loss, activity interruption, data loss, or other type of economic loss) resulting from any delay or failure on the part of Montpellier Méditerranée Métropole in the provision, or lack thereof, of support services, even in the event that Montpellier Méditerranée Métropole was informed of the possibility of such damages. Montpellier Méditerranée Métropole shall not be held liable for any non-compliant operation, malfunction, particular incapacity, or lack of functionality within its software. In addition, the user agrees that Montpellier Méditerranée Métropole shall not be held liable for any income loss incurred by any third party whatsoever, nor for any claim or legal action that may be taken against the user by any third party. In any case, Montpellier Méditerranée Métropole shall not be held liable, regardless of the cause or reason, for any claim for damage, including financial claims. The user agrees that he/she has evaluated the software in a sufficiently detailed manner, through demonstration or practice, to verify that said software is adequate for the intended purpose.

APPLICABLE LAW - COMPETENT JURISDICTION

Any disputes shall be handled under the exclusive jurisdiction of the courts of Montpellier, France, even in the case of plurality of defendants or introduction of third parties, as stipulated by French law.

INTELLECTUAL PROPERTY

It is strictly forbidden by law to copy the software or its documentation except for the exclusive purpose of making a backup. It is forbidden to decrypt or reverse engineer the backup files and local application.

All intellectual property rights related to the site (in particular, but not limited to, rights pertaining to texts, images, formatting, graphics, structure, and sound elements) are the exclusive and unrestricted property of the developer.

Any breach of intellectual property rights related to this site may be subject to legal action. Any page on this site, other than the data entered into a given business plan, may potentially be referenced by Web search engines and directories.

In compliance with copyright and intellectual property laws, the user agrees:

- To not copy articles from this site to another site or presentation media.

- To not modify or re-write articles from this site to publish them online in an altered form on another site.

- To contact Montpellier Méditerranée Métropole and obtain authorization to use content from this site for other personal purposes.

Any breach of these provisions shall be subject to penalty under criminal or civil law as allowed by law.

PENALTIES
Montpellier Méditerranée Métropole reserves the right to suspend the account of any user or users, or exclude said user or users from access to the service, without notification or compensation, in the event of a breach of one or more provisions of this EULA.

MODIFICATION OF EULA
Montpellier Méditerranée Métropole reserves the right to change all or part of this End-User License Agreement at any time. It is therefore the user's responsibility to regularly check the latest version of the End-User License Agreement, available at all times on the site https://montpellier-business-plan.com. Any use of the service following a change in the End-User License Agreement implies the user's unconditional acceptance of the new End-User License Agreement.