Agnet terms of use

The Agnet Application (“Agnet”) is an application property of and provided by Airbus DS SLC, a Société par Actions Simplifiée, with a share capital of 3.950.440, 30 €, incorporated under the laws of France, having its registered office at 1 Boulevard Jean Moulin - ZAC de la Clef Saint Pierre - 78990 Elancourt – France, under the number 523  940  971 RCS Versailles (hereinafter referred to as “Airbus” or “we” or “us”).

These terms of use (“Terms of Use”) define the legal framework governing installation to, access to and use of Agnet. Installation to, access to and use of Agnet are subject to your acceptance of these Terms of Use, as they may be amended from time to time by Airbus. In this regard, by installing, accessing, or using Agnet,  you agree to be bound automatically by these Terms of Use as well as their amendments in force at the time you access to Agnet, and you agree that such acceptance shall have the same legal value as a written express acceptance. If you do not accept these Terms of Use, please do not (and you are not permitted to) install, access or use Agnet. Please read carefully these Terms of Use, as well as our Privacy Policy, before using Agnet and every time you use Agnet.

These Terms of Use do not alter nor modify any other agreement you might have with any company of Airbus and/or any of its Affiliate or your employer might have with Airbus when you access Agnet thanks to a contract in force between your employer and Airbus. “Affiliate(s)” means any entity directly or indirectly controlled by Airbus Group S.E., a European public limited-liability company (Societas Europaea) registered in the Netherlands under the number 24 28 89 45, having its registered office in Mendelweg 30, 2333 CS Leiden, Netherlands.

1. Use of Agnet 

1.1 Subject to your full and perfect compliance with these Terms of Use, we grant you a personal, non-exclusive, non-transferable and revocable right to install, access and use Agnet. Any other rights are expressly excluded except otherwise provided in a specific written agreement. 

1.2 When you access Agnet thanks to a contract in force between your employer and Airbus, you shall obtain the authorisation from your employer to use Agnet prior do so. In this case, “except if otherwise provided for in other contractual documents” should be understood as “except if otherwise provided for in other contractual document between Airbus and your employer". Otherwise, “except if otherwise provided for in other contractual documents” should be understood as “except if otherwise provided for in other contractual document between Airbus and you".

1.3 You shall not (or shall not attempt to), directly, indirectly or through automated or other means, itself or permit others to extract, access, decompile, reverse engineer, or disassemble, derive, determine or attempt to discover the source code (including the logic, protocols or specifications incorporated or implemented therein), object code, or underlying structure, ideas, know-how, or algorithms of Agnet or any software, documentation or data related to Agnet or enable any disabled logic, protocols or specifications incorporated or implemented in Agnet, or copy, modify, reproduce, translate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of Agnet, software and/or documentation in any form or media or by any means (except to the extent expressly permitted by Airbus DS or authorized within Agnet). In no event you may copy, export, re-export, rent, loan, lease, license, display, disclose, sell, market, commercialize, distribute, Agnet or otherwise transfer to any third party Agnet or use or permit the use of Agnet in any manner inconsistent with or not expressly permitted under these Terms of Use. Except if otherwise provided for in other contractual documents, without prejudice to our rights and remedies, we reserve the right to suspend temporarily or permanently your access to Agnet, at any time, without notice in the event you violate any provision herein.
 

It is strictly prohibited to (i) extract, by permanent or temporary transfer, or re-use all or part of the content of Agnet to another medium, by any means and in any form; (ii) bypass or circumvent any measures employed to prevent or limit access to Agnet; (iii) link to any portion of Agnet for any purpose; and (v) use any device, software or routine that interferes or attempts to interfere with the normal operation of Agnet or take any action that imposes an unreasonable load on our equipment.

1.4 We try to make Agnet accessible at all time, but we cannot warrant that the service will be continuous or without disruptions, delays, or defect. Airbus reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently Agnet (or any part thereof), with or without notice, in particular for maintenance operation, without any kind of indemnification or liability, except if otherwise provided for in other contractual documents. 
 

You recognize that you will be able to use Agnet only if your device has an Internet connection. The continuity, performance, reliability, integrity, confidentiality, security, traffic or access fees charged to you due to the use of Agnet are subject to the general terms between you and your Internet service provider or mobile network operator. In no case Airbus DS will be liable for any difficulties to use or access Agnet due to an Internet disruption.

1.5 You shall take all necessary precautions to protect your own data, Content and/or software in particular against corruption by potential viruses circulating on the Internet and to prevent misuse or unauthorized access by third parties and will prevent any unauthorized access to, or use of, Agnet. In particular, you are responsible for backing up your own system, including any content downloaded through Agnet and  you undertakes that your authentication credentials are personal and confidential and you remain solely responsible for the management and use of your authentication credentials, including by third parties and undertakes to keep them secret and not to divulge them to third parties in any way whatsoever. In no case Airbus DS will be held liable in this regard and for the consequences of the loss, theft and/or misuse of these authentication credentials. In the event of any unauthorized access or use, you will promptly notify Airbus DS or your employer if you use Agnet thanks to a contract in force between your employer and Airbus.

1.6 You shall not circumvent, attempt to or assist others to (a) circumvent the measures implemented by Airbus DS to restrict access to certain Agnet, (b) use Agnet in a manner which would threaten the stability and the security of Airbus DS’ systems or which may interfere with, disrupt, negatively affect or lead to a degradation of Agnet provided to other users, (c) spread or attempt to spread viruses or other harmful, disruptive or destructive files or content, (d) distribute any programs designed to cause harm, nor (e) disseminate any emails or other communications under unlawful conditions (e.g., spamming, e-bombing, bulk messaging, auto-messaging, auto-dialing) or which contain unlawful or fraudulent content.

1.7 Agnet must only be use for legal and authorized purposes. You warrants that all text, images, videos, files and any other materials in a digital format, including your proprietary materials, created, uploaded, submitted, stored, sent or received on or through Agnet by you (“Content”) comply with applicable laws and regulations, these Terms of Use and your employer’s recommandations as the case may be. In particular, any Content that is, instigate or encourage crimes, offences, hatred, discrimination or violence particularly on grounds of ethnicity, nation, race, religion, sex, sexual orientation or gender identity or disability, apology of crimes against humanity, provocation and/or the commission of acts of terrorism and their apology, or comprising elements of child pornography, is strictly prohibited. Any Content of a violent nature, inciting to terrorism, such as to seriously undermine human dignity or to induce minors to engage in games that physically endanger or pornographic them shall be strictly prohibited where it is likely to be seen by a minor. 
 

You undertakes not to violate, misappropriate or infringe the rights of Airbus, our other users or any other third parties, including privacy, publicity, intellectual property, or other proprietary rights, whether by your conduct or by the Content that you makes available or obtains from Agnet, in particular Content that may constitute defamation, insult, denigrating or violating privacy or public order, insulting, violent or hateful speech. 

You undertakes not to publish falsehoods, misrepresentations, or misleading statements. All statements made through Agnet are the personal views of the individual and are not the views of Airbus. You are solely responsible for the use of Agnet and therefore for the consequences of any fraudulent, abusive or unlawful use of Agnet and/or the Content. 

In the event we consider that your use of Agnet is unlawful and/or unauthorized, and/or violates these Terms of Use, we reserve the right to undertake any procedure we deem necessary, including to suspend your access to Agnet, terminate these Terms of Use and to take any legal action.

1.8 When you access, use or interact with websites, applications, content and other products and services not provided by Airbus DS, the terms and privacy policies of these third parties will govern your use of those services. Airbus DS will not be liable for your use of those services nor any consequences of this use.

1.9 Airbus DS may oversee your access to and use of Agnet through activation keys or a monitoring program, or otherwise, knowing that we are not subject to a general monitoring obligation or an obligation to seek facts or circumstances indicating illegal activities. Airbus DS may (a) activate the monitoring program at any time to register and measure the extent of your access to and use of Agnet, and (b) use information obtained through such program to generate invoices. You hereby consents to such monitoring and use of the information thereby acquired. 

1.10 Agnet has not been accredited to handle any national classified security information generated by governments, nations, intergovernmental military alliances, the Organization for Joint Armament Cooperation (OCCAR), contractors and customers or Export Control related information, nor health data as defined by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
 

2. Term and Termination

2.1 As long as you use Agnet, these Terms of Use shall be applicable.

2.2 Except if otherwise provided for in other contractual documents, we can terminate these Terms of Use at any time and prevent you from accessing Agnet.

2.3 In case of termination of these Terms of Use, for any reason whatsoever, the rights granted to you hereunder shall be terminated and you will no longer be authorized to use Agnet.  

3. Airbus Proprietary Rights

3.1 © Airbus DS SLC SAS 2019 • All right reserved.

3.2 Agnet, its content, including, without limitation, their distinctive names, designations, logos, symbols and product and service marketing and all, trademarks, trade names, drawings, pictures, copyrights, droits d’auteur, patented information and databases, the software, the documentation, domain names, designs and any enabling software, including any updates, without limitation and any other intellectual property rights in and to Agnet are the property of Airbus or its licensors. AIRBUS, Airbus’ logos and product and service designations are protected trademarks of Airbus. You shall not delete or modify any droit d'auteur, copyright, trademark or any other proprietary rights or notice on any of the foregoing.

3.3 Access to and use of Agnet shall not be construed as assigning nor granting any license in respect of any kind of these proprietary rights. We reserve any rights related to Agnet that are not expressly granted to users hereunder. 

3.4 We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights.
 

4. Your liability

4.1 In case of unauthorized use of Agnet or any use of Agnet Agnet harmful to Airbus or our other users, we reserve the right to terminate your access to Agnet without prejudice to any other rights we may have, or to take any other actions that we believe to be in our interest or of our users as a whole.

4.2 You agree to indemnify and hold harmless Airbus and its Affiliates, and their respective successors, assignees, employees, agents, directors, officers and shareholders, managers, licensors and insurers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of the applicable law, these Terms of Use or any instructions given by Airbus, including information given during the installation process of Agnet or instructions related to all security requirement communicated by Airbus to you, (ii) any breach by you of your representations and warranties hereunder, (iii) any claim from a third Party against Airbus related to your access to or use of Agnet, including information or content used or stored on Agnet. Your rights with respect to Airbus are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of Agnet, do not permit it.
 

5. Airbus liability

5.1 Agnet and its content are provided on an “as is” and “as available” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from virus, worms, “trojan horses” or other harmful code, error free, secure, or safe, or they will work timely, without disruptions, delays, or imperfection and that the result and content that may be displayed through Agnet will be accurate, up to date or reliable.

5.2 Therefore, you expressly agree that you use Agnet at your sole risk and that Airbus, its Affiliates, officers, employees, contractors or content providers shall not be liable for any loss or damage, relating to, arising from or otherwise in connection with your use of Agnet or of any information, services or content available on Agnet. 

5.3 AIRBUS AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THE TERMS OF USE, US, AGNET OUR SERVICES SHALL BE LIMITED TO DAMAGES AND LOSSES THAT ARE A REASONABLY FORESEEABLE DIRECT CONSEQUENCE OF A BREACH OF THE TERMS OF USE BY AIRBUS (EXCEPT IN RELATION TO DEATH, PERSONAL INJURY, OR FRAUDULENT MISREPRESENTATION) AND SHALL NOT EXCEED, AT ALL EVENTS AND ALL CLAIMS COMBINED, THE PAYMENTS MADE TO AIRBUS FOR UNDER THE APPLICABLE SUBSCRIPTION DURING A PERIOD OF TWELVE (12) MONTHS PRIOR TO THE LAST EVENT THAT GAVE RISE TO YOUR CLAIM. 

6. Data Protection and Privacy

6.1 Airbus is committed to protecting the rights of individuals in line with the General Data Protection Regulation (reference EU2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Pe rsonal Data and on the free movement of such data, and repealing Directive 95/46/EC and its successive amendments (“GDPR”) as well as each applicable national Personal Data protection laws and regulations.

6.2 When you access and use Agnet, Airbus processes personal data provided by you (such as Messages, status, location (if activated), Calls, etc.) or generated as a result of your access and use of Agnet whether as Controller or as a Processor on behalf of your Employer (within the meaning of the GDPR).

6.3 For more details on how your personal data is used by Airbus acting as a Data and how to exercise your rights, please consult the Privacy Policy available at this address: https://www.airbus.com/privacy-policy.html.

6.4 For a “first-level information” on how Airbus may process your personal data on behalf of your Employer acting as a Data Controller and how to exercise your rights, please consult the Privacy Statement also available at this address: https://www.airbus.com/privacy-policy.html. For more detailed information, please directly contact your Employer.
 

7. Modifications 

7.1 We reserve the right to modify all or part of Agnet, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of Agnet.

7.2 We may modify or adapt these Terms of Use at any time, for the future. We will inform you of any substantial modification. Your continued access and use of Agnet after a modification or adaptation of these Terms of Use will be deemed as your acceptance of any modified terms.

7.3 If you disagree with any modification or adaptation of Agnet or the Terms of Use, you must cease accessing and using Agnet, and delete your account. 

8. Governing Law and Disputes

8.1 These Terms of Use are governed by and construed in accordance with the laws of France, subject to any local applicable non derivable public policy rule.

8.2 In case of dispute, we encourage you to contact your employer if you use Agnet thanks to a contract in force between your employer and Airbus or otherwise, to contact Airbus dirctly at the following postal address “Legal department – Airbus DS SLC - 1 Boulevard Jean Moulin - ZAC de la Clef Saint Pierre - 78990 Elancourt – France”, in order to find an amicable solution. If no amicable solution can be reached, any dispute arising in connection with these Terms of Use shall be subject to the jurisdiction of the courts of France. We inform you that you can use a mediation procedure or any other alternative dispute resolution methods, prior to litigation.
 

9. Miscellaneous

9.1 These Terms of Use form the entire agreement between you and us with respect to the subject matter hereof, and supersede the terms of any other communications or advertising with respect to Agnet. These Terms of Use shall coexist with, and shall not supersede, our Agnet Privacy Policy.

9.2 If any provisions hereof are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by reason of the laws of any state or country in which these provisions are intended to be effective, then to the extent and within the jurisdiction in which such provisions are illegal, invalid or unenforceable, they shall be severed and deleted from these Terms of Use and the remaining provisions shall survive and continue to be binding and enforceable.

9.3 Failure by any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

9.4 Nothing herein shall be construed as granting, directly or indirectly, any rights to any third parties, and third parties are not allowed to enforce any of the provisions herein against us.

9.5 Agnet services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit Agnet services in any country.

9.6 You will comply with all applicable export control and trade sanctions laws ("Export Laws"). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer Agnet: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. 

9.7 All of our rights and obligations under our Terms of Use are freely assignable by us to any of our Affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our Affiliates, successor entities, or new owner. In the event of such an assignment, these Terms of Use will continue to govern your relationship with such third party. We hope you will continue using Agnet, but if you do not agree to such an assignment, you must stop using Agnet by deleting your account.

Version date – July, 2024.