Appoke Application Developer Distribution Agreement
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This Appoke Application Developer Distribution Agreement (the “Agreement”) is entered by and between Appoke SAS, a French company with registered offices located at 1, Avenue Bernard Hirsch – 95021 Cergy Pontoise Cedex - France, registered with the Pontoise Trade Registry under number 523 020 725, represented by Mr. Stéphane Guérin (“Appoke”) and the developer of one or several Android™ application(s) (the “Developer” or “you”).
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This Appoke Application Developer Distribution Agreement (the “Agreement”) is entered by and between Appoke SAS, a French company with registered offices located at 1, Avenue Bernard Hirsch – 95021 Cergy Pontoise Cedex - France, registered with the Pontoise Trade Registry under number 523 020 725, represented by Mr. Stéphane Guérin (“Appoke”) and the developer of one or several Android™ application(s) (the “Developer” or “you”).
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Services provided by Appoke
- Appoke has developed and owns the Appoke Store, an Android™ mobile social application platform operating on the Appoke website accessible at appoke.com (the “Appoke Store”), and on Android™-compatible mobile devices (the “Devices”). The Appoke Store hosts Android™-compatible applications (the “Applications”), uploaded by third-party developers, which registered users of the Appoke Store (“User(s)”) can download on their mobile devices (“Devices”). Users may also share Applications, recommend and rate Applications, etc.
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This Agreement sets forth the provisions under which you may make your Application(s) available on the Appoke Store to be downloaded and used by the Users.
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Acceptance of this Agreement
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By clicking on the “I agree” button on the sign-up page, you hereby confirm your acceptance of this Application Developer Distribution Agreement which forms a binding contract between Appoke and you. If you don’t accept this Agreement, you may not use the Appoke Store to upload and distribute your Applications. If you have questions about the Appoke Store, please consult our Frequently Asked Questions (FAQs) appoke.com/faq.
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By clicking on the “I agree” button on the sign-up page, you hereby confirm your acceptance of this Application Developer Distribution Agreement which forms a binding contract between Appoke and you. If you don’t accept this Agreement, you may not use the Appoke Store to upload and distribute your Applications. If you have questions about the Appoke Store, please consult our Frequently Asked Questions (FAQs) appoke.com/faq.
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Effective date of this Agreement and updates
- This Agreement is effective as of May 1, 2011.
- We reserve the right to amend this Agreement from time to time by posting the new version on line. This updated version shall then become effective thirty (30) days after its first posting. A notice informing our Developers of the updated version of this Agreement will be posted on our home page and sent to our registered Developers. If you refuse the updated version of this Agreement, you may no longer use the Appoke Store at the end of this 30 day notice period.
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Capitalized words and expressions appearing in parenthesis in this Agreement shall have the meaning given in the relevant paragraph.
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Article 1. Developer registration and validity of the Agreement
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1.1 You must register on the Appoke website as an Application Developer and be confirmed by Appoke prior to start using the Appoke Store and uploading your Applications for distribution via the Appoke Store pursuant to the terms of this Agreement. The use of the Appoke Store to upload and distribute your Applications is subject to your reading, understanding and agreeing to the terms set forth in this Agreement. When you register on Appoke as a Developer and/or as a User, you agree to provide full, accurate and up-to-date contact information.
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1.2 You may not use the Appoke Store to distribute Applications and this Agreement will not be construed as a valid contract if you are barred from using Android software under the laws of France or of any other countries and/or if you are not the Developer of the Application or are not duly authorized by your employer, the rights owners or, (if you are acting as an agent) by the principal, to enter into this Agreement.
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1.3 If you enter into this Agreement on behalf of your employer, of rights owners, as an agent or in any other legal capacity, you represent and warrant that you have full legal authority to bind your employer or such entity. If you do not have the requisite authority, you may not enter into this Agreement.
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Should your account be closed further to your breach of this Agreement, you will no longer be authorized to use the Appoke Store and all your Applications will be taken down from the Appoke Store pursuant to article 7.
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1.4 You agree to use the Appoke Store only for purposes that are permitted by this Agreement and by any applicable law, regulation or generally accepted practices or guidelines in the jurisdictions where the Applications could be downloaded (including any laws regarding the export of data or software to and from France or other relevant countries).
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1.1 You must register on the Appoke website as an Application Developer and be confirmed by Appoke prior to start using the Appoke Store and uploading your Applications for distribution via the Appoke Store pursuant to the terms of this Agreement. The use of the Appoke Store to upload and distribute your Applications is subject to your reading, understanding and agreeing to the terms set forth in this Agreement. When you register on Appoke as a Developer and/or as a User, you agree to provide full, accurate and up-to-date contact information.
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Article 2. Intellectual property and License
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2.1 Intellectual property. You represent and warrant that you own all intellectual property rights, including where applicable all necessary patents, trademarks, trade secrets, copyright or other proprietary rights, in the Applications. If you are not the Developer, you represent and warrant that you are duly authorized by the rights owners to sub-license and distribute the Applications via the Appoke Store. You shall not submit Applications to the Appoke Store which are copyrighted, protected by trade secrets or otherwise subject to third party proprietary rights, including patents, privacy and trademarks, unless you are the sole owner of such rights or are duly authorized by any co-developers or other rights owners.
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If you use third-party software and/or programs, functionalities, content or other copyrighted materials, you represent and warrant that you have the right to sub-license and distribute such third-party material in the Applications. You shall not submit Applications to the Appoke store containing material that is copyrighted, protected by trade secrets or otherwise subject to third party proprietary rights, including patents, privacy and trademarks, unless you are the sole owner of such rights or are duly authorized by any co-developers or other rights owners.
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2.2 Applications License. You hereby grant Appoke a non-exclusive, transferable, sub-licensable, worldwide license, for the legal term of protection of the intellectual property rights, to copy, perform, display, use and distribute the Applications on the Appoke Store.
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You further grant Appoke a non-exclusive, transferable, sub-licensable, worldwide license, for the legal term of protection of the intellectual property rights to copy, perform, display, and use the Applications for administrative and demonstration purposes in connection with the operation and marketing of Appoke and the Appoke Store.
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2.3 Developer License. You may include a separate end user license agreement (EULA) for your Applications which will govern the User’s rights to the Applications in addition to the Appoke User Terms and Conditions.
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2.1 Intellectual property. You represent and warrant that you own all intellectual property rights, including where applicable all necessary patents, trademarks, trade secrets, copyright or other proprietary rights, in the Applications. If you are not the Developer, you represent and warrant that you are duly authorized by the rights owners to sub-license and distribute the Applications via the Appoke Store. You shall not submit Applications to the Appoke Store which are copyrighted, protected by trade secrets or otherwise subject to third party proprietary rights, including patents, privacy and trademarks, unless you are the sole owner of such rights or are duly authorized by any co-developers or other rights owners.
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Article 3. Upload and distribution of Applications on the Appoke Store
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3.1 Appoke’s Content policy for Applications. All Applications provided for distribution via the Appoke Store must comply with Appoke’s Applications guidelines (“Content policy”). Pursuant to this Agreement, the term “Application” means software, content and digital materials developed in accordance with the Android™ Software Development Kit for mobile devices.
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All Applications: i) must be Android™-compatible; ii) must be updated from time to time to remain Android™-compatible.
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Developers shall not upload Applications : i) which are in violation of third party intellectual property rights, including patent, copyright, trademark, trade secret, or other proprietary right of any party; ii) which include infringing, defamatory, obnoxious, obscene, offensive, violent content or which promote hatred and violent behavior, or include political, racist, or xenophobic content and generally any Applications which would be contrary to the purpose of the Appoke Store, to the rights of third parties and to any applicable laws and regulations; iii) which include any material not suitable for persons under 18 (such as pornography, nudity, violence); iv) which include links pointing to illegal or offensive third party websites or to websites which would be incompatible with the purpose of the Appoke Store.
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Developers shall not upload Applications : i) which may diminish, disorganize, or prevent the normal use of the Appoke Store, including but not limited to any interruption and/or slow down of normal data transmission between Users via the Appoke Store, such as software, viruses, logical bombs, spamming, etc.; ii) which display (via text, images, video or other media) or link to illegal content and/or content which interferes with the functioning of any third parties services; iii) which may harm the User Devices, alter or disseminate the User personal data; iv) which may create unpredictable network usage, adversely impacting the Users service charges or carriers networks; v) which knowingly violate any carrier terms of service for allowed usage; and/or vi) which may create a “spammy” user experience, whether by posting repetitive content or misleading information about an Application.
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Appoke reserves the right to remove any Application which is in violation of Appoke’s Content policy.
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3.2 Uploading Your Application. You will be responsible for uploading your Applications to the Appoke Store, providing all required Application information to Appoke and the Users, and accurately disclosing all security permissions required by your Application.
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3.3 Prohibited Actions. You shall not engage in the following activities: the development or distribution of Applications, that may interfere with, disrupt, damage, or access in an unauthorized manner any devices, servers, networks, or other properties or services of any third party including, but not limited to, Android™ Users, Appoke or any mobile network operator. You may not use customer information obtained from Appoke to sell or distribute Applications outside of the Appoke Store. You may not use the Appoke Store to distribute or make available any Application which primary purpose is to facilitate the distribution of Applications outside of the Appoke Store.
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3.1 Appoke’s Content policy for Applications. All Applications provided for distribution via the Appoke Store must comply with Appoke’s Applications guidelines (“Content policy”). Pursuant to this Agreement, the term “Application” means software, content and digital materials developed in accordance with the Android™ Software Development Kit for mobile devices.
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Article 4. Maintenance
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4.1 Maintenance of the Appoke Store. Appoke reserves the right to suspend access to the Appoke Store from time to time to perform maintenance on the Appoke Store and/or on the servers. Appoke will use reasonable efforts to perform maintenance services during non-business hours and will attempt to limit the duration of maintenance service. In case of emergency maintenance, Appoke reserves the right to suspend all or part of the access to the Appoke Store to perform any required technical intervention.
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Appoke may update the Appoke Store from time to time.
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4.2 Maintenance of the Applications. You will be solely responsible for support and maintenance of your Applications and for handling any technical and other complaints about your Applications. Your contact information must be displayed in each Application detail page and made available to Users for customer support purposes. Appoke shall not be responsible for Application support services or for handling Application-related User claims.
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4.1 Maintenance of the Appoke Store. Appoke reserves the right to suspend access to the Appoke Store from time to time to perform maintenance on the Appoke Store and/or on the servers. Appoke will use reasonable efforts to perform maintenance services during non-business hours and will attempt to limit the duration of maintenance service. In case of emergency maintenance, Appoke reserves the right to suspend all or part of the access to the Appoke Store to perform any required technical intervention.
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Article 5. Fees and Payment terms
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All or part of your Applications uploaded on the Appoke Store may be free of charge or subject to a user fee (“User Fee”).
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5.1 Fees. You may propose Applications subject to the payment of a User Fee. Such fees may be one-time or recurrent User Fees.
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When you upload a new Application on the Appoke Store, you will be asked to specify the Developer fee (“Developer Fee”) to be charged to Appoke for each user download of your Application. Appoke will then set the User Fee at which the Application will be proposed on the Appoke Store. The difference between the Developer Fee and the User Fee includes the provision of the Appoke Store to the Developer for distribution of the Applications, Appoke’s costs, taxes, and Appoke’s margin.
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If you disagree with the User Fee charged by Appoke on the Appoke Store for your Application, you may decide to remove your Application from the Appoke Store as set forth in paragraph 7.2.
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You may increase or decrease the Developer Fee for all or part of your Applications. In case of a Developer Fee decrease, the new fee shall become effective immediately. In case of a Developer Fee increase, the new fee shall become effective immediately for one-time fees, and subject to a thirty (30) day prior notice period for recurrent fees. Appoke may adjust the User Fee accordingly.
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The Developer Fees and User Fees shall be indicated and payable in Euros. The User Fees shall be detailed on your Application information page.
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Appoke may carry promotional campaigns from time to time which may include fee promotions on all or certain categories of Applications, which you acknowledge and agree.
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Payment by the Users shall be made on line by credit card via the third party payment systems available on the Appoke Store.
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5.2 Appoke’s commission and payments to Developers. Appoke shall pay Developer the fees collected from the Users for your Applications downloads as follows: the Developer Fee for the relevant Application minus applicable taxes.
- Developers must open a PayPal account. Payments shall be made in euros by transfer to your PayPal account as follows:
- - When your account balance reaches at least twenty euros (20€), you may go to your Appoke account and transfer the amount to your PayPal account. You may not transfer money from your Appoke account as long as your account balance is below 20€;
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- Notwithstanding the provisions set forth above, you may transfer the balance from your Appoke account to your PayPal account within thirty (30) days of your Appoke account closure regardless of the balance and provided that there are no pending claims with Appoke, a User or a third party.
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All or part of your Applications uploaded on the Appoke Store may be free of charge or subject to a user fee (“User Fee”).
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Article 6. Applications promotion campaigns
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You may launch a promotional campaign at any time for all or part of your Applications available on the Appoke Store. When launching a promotion campaign, you shall define the amount that you wish to allocate to the campaign. After paying Appoke, this amount will be credited on a dedicated account. The account will be debited as the campaign progresses, on the basis of a Cost per Action (CPA) which nature is defined when selecting the type of campaign. The conditions of implementation of the promotion campaigns are described in the following section: Promotion campaigns
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You may launch a promotional campaign at any time for all or part of your Applications available on the Appoke Store. When launching a promotion campaign, you shall define the amount that you wish to allocate to the campaign. After paying Appoke, this amount will be credited on a dedicated account. The account will be debited as the campaign progresses, on the basis of a Cost per Action (CPA) which nature is defined when selecting the type of campaign. The conditions of implementation of the promotion campaigns are described in the following section: Promotion campaigns
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Article 7. User data, privacy
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7.1 Compliance with Privacy Act. The use of the Appoke Store to upload and /or to use any Applications is subject to your registration on Appoke. The registration page also includes an opt-in field about the possibility for Appoke to use your personal data for marketing or commercial purposes.
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Pursuant to the provisions of the French privacy act (Act No78-17 of January 6, 1978 as amended), the Appoke Store user data treatment was duly registered with the French data commission (CNIL) under number 1465421.
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If your Applications include a User registration process and User personal data collection, you represent that you comply with the provisions of the French privacy act (“Loi informatique et libertés”), or with the privacy laws applicable in your jurisdiction. Your Application must include all legally required information regarding data collection and data treatments (collection, registration, storage and deletion, account security), including the right for Users to access their personal account to modify or delete their data. You shall not keep User data for a term longer than strictly necessary for the purpose of using your Applications.
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7.2 User database. You acknowledge and agree that the Appoke user database is the exclusive property of Appoke’s. Appoke grants no user rights on this database.
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7.3 Additional privacy provisions. The privacy provisions set forth in article 7 of the Appoke User Terms and Conditions apply to this Agreement.
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7.4 Statistical data. In order to continually innovate and improve the Appoke Store, Appoke may collect certain usage statistics from the Users, including but not limited to, information on how the Appoke Store and the Devices are used. This data may not be linked to identified Users. The data collected is examined in the aggregate to improve the Appoke Store for Users and Developers. To ensure the improvement of Applications, limited aggregate data may be made available to you upon written request to Appoke.
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7.1 Compliance with Privacy Act. The use of the Appoke Store to upload and /or to use any Applications is subject to your registration on Appoke. The registration page also includes an opt-in field about the possibility for Appoke to use your personal data for marketing or commercial purposes.
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Article 8. Application Takedowns
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8.1 Appoke takedowns. If Appoke is notified by you, a User, or becomes aware that your Application (a) infringes the Appoke Content policy as set forth in article 3, or (b) violates any applicable law, or (c) is distributed by you improperly, then Appoke may remove the Application from the Appoke Store at its sole discretion and may terminate this Agreement as set forth in article 13. You will be notified by email in the event any Application is removed from the Appoke Store pursuant to this paragraph 8.1.
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8.2 Developer takedowns. You may remove your Applications from future distribution via the Appoke Store at any time, subject to the following conditions: i) removing your Applications from the Appoke Store shall only prevent potential future Users from downloading your removed Applications; ii) removing your Applications from future distribution via Appoke shall not (a) affect the license rights of Users who have previously downloaded your Applications, (b) result in removing your Applications from User devices or from any part of the Appoke Store where previously downloaded Applications are stored on behalf of Users, or (c) change your obligation to deliver or support Applications or services that have been previously downloaded by Users.
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8.1 Appoke takedowns. If Appoke is notified by you, a User, or becomes aware that your Application (a) infringes the Appoke Content policy as set forth in article 3, or (b) violates any applicable law, or (c) is distributed by you improperly, then Appoke may remove the Application from the Appoke Store at its sole discretion and may terminate this Agreement as set forth in article 13. You will be notified by email in the event any Application is removed from the Appoke Store pursuant to this paragraph 8.1.
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Article 9. Indemnification
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9.1 Definition. In the event of a claim filed by a third party against Appoke based on the fact that any Application may be in violation of that third party’s intellectual property rights, or of a patent, trademark or a trade secret, protected in France or abroad, or in violation of any applicable data privacy regulation, Developer shall defend and indemnify Appoke or may settle the claim. Developer shall indemnify Appoke for all expenses and damages incurred by Appoke pursuant to a final court decision or for the indemnity paid and all the associated costs, including Appoke’s attorney’s fees, in the event of a settlement.
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9.2 Scope of indemnification. Appoke shall (i) notify Developer of the claim in writing; (ii) give Developer the right, information and assistance reasonably necessary for the defense of the claim; and (iii) give Developer the control of the defense and the power to settle or negotiate.
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Developer shall not be liable for claims based on content developed and published by Appoke on the Appoke website.
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The provisions of this article are exclusive of any other warranty or liability provisions and of any resulting indemnification.
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9.1 Definition. In the event of a claim filed by a third party against Appoke based on the fact that any Application may be in violation of that third party’s intellectual property rights, or of a patent, trademark or a trade secret, protected in France or abroad, or in violation of any applicable data privacy regulation, Developer shall defend and indemnify Appoke or may settle the claim. Developer shall indemnify Appoke for all expenses and damages incurred by Appoke pursuant to a final court decision or for the indemnity paid and all the associated costs, including Appoke’s attorney’s fees, in the event of a settlement.
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Article 10. Limitation of Liability
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10.1 You are solely liable for the Applications uploaded on the Appoke Store pursuant to this Agreement. You represent that the Applications shall comply at all times with law and order and with any applicable laws, that they don’t include false or misleading information, and no insulting, defamatory, obscene, racist or illegal content. You further represent that the Applications don’t breach any third party intellectual property rights. You shall indemnify Appoke for any claims from third parties regarding the Applications as set forth herein.
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10.2 Appoke may not be held liable for any loss of profits, loss of use, business interruption, loss of data, cost of substitute products or services or for any indirect damages of any kind in connection with or arising out of the performance or the failure to perform this Agreement, for the access or for any event making the access to the Appoke Store and/or to the Applications impossible, such as slow connections, delayed or interrupted transmissions, data loss or disappearance, whether alleged as a breach of contract or in civil liability, including negligence, even if a party has been advised of the possibility of such damages. In addition, Appoke shall not be liable for any damages caused by delays in the delivery, provision of the services or making Applications available on the Appoke Store. Appoke’s aggregate, cumulative liability under this Agreement shall not exceed five hundred euros (€500).
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10.1 You are solely liable for the Applications uploaded on the Appoke Store pursuant to this Agreement. You represent that the Applications shall comply at all times with law and order and with any applicable laws, that they don’t include false or misleading information, and no insulting, defamatory, obscene, racist or illegal content. You further represent that the Applications don’t breach any third party intellectual property rights. You shall indemnify Appoke for any claims from third parties regarding the Applications as set forth herein.
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Article 11. Limitation of Warranty
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11.1 Appoke Store. The Appoke Store is provided “as is”, without additional contractual warranty of any kind. Appoke specifically disclaims all warranties of fitness for a particular purpose. Further, Appoke does not warrant results of use or that the Appoke Store will be error-free or that the use of the Appoke Store will be uninterrupted.
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11.2 Appoke may not be held liable in the following cases: temporary service interruptions to update data files; non-voluntary operations difficulties or temporary interruptions, including, but not limited to electricity or communications failures; temporary service interruptions to ensure its smooth operation and/or to ensure software development to improve technical performance and/or to perform maintenance.
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11.3 Applications. Your use of Appoke and any Applications uploaded on the Appoke Store is at your own discretion and risk. You shall be solely liable for any damages to Appoke’s servers, the Users devices and other equipment or loss or corruption of data as a consequence of downloading and/or using your Applications.
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11.1 Appoke Store. The Appoke Store is provided “as is”, without additional contractual warranty of any kind. Appoke specifically disclaims all warranties of fitness for a particular purpose. Further, Appoke does not warrant results of use or that the Appoke Store will be error-free or that the use of the Appoke Store will be uninterrupted.
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Article 12. Force majeure
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Appoke may not be held liable in case of delays in performance resulting from external causes beyond its control and without fault or negligence from Appoke. Force majeure events shall include, without limitation, events admitted by the courts and natural disasters, acts of war, any disruptions to the public law and order, epidemics, fires, floods and other disasters, governmental acts, strikes, lock-outs and any electrical and technical problems external to the parties and preventing communication.
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Appoke may not be held liable in case of delays in performance resulting from external causes beyond its control and without fault or negligence from Appoke. Force majeure events shall include, without limitation, events admitted by the courts and natural disasters, acts of war, any disruptions to the public law and order, epidemics, fires, floods and other disasters, governmental acts, strikes, lock-outs and any electrical and technical problems external to the parties and preventing communication.
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Article 13. Term of the Agreement and Termination
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13.1 Term. This Agreement shall be effective from your date of registration on the Appoke Store and acceptance of this Agreement by clicking on the “I agree” button. It shall remain in effect for the duration of use of the Appoke Store.
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13.2 Termination. You may terminate this Agreement at any time by notifying Appoke of your decision to close your account. All your Applications shall then be taken down pursuant to the provisions of paragraph 8.2 and fees collected after termination shall be paid as set forth in paragraph 5.2.
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13.3 Termination for cause. Should you be in breach of this Agreement, Appoke may notify you in writing of its decision to terminate the Agreement if you haven’t remedied the breach within thirty (30) days from receipt of the written notice. This Agreement may also be terminated by Appoke, effective immediately in the event of a material breach of this Agreement. Unless specified otherwise, termination notices will be sent to the email address provided by you.
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13.1 Term. This Agreement shall be effective from your date of registration on the Appoke Store and acceptance of this Agreement by clicking on the “I agree” button. It shall remain in effect for the duration of use of the Appoke Store.
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Article 14. Additional provisions
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14.1 Notices. Unless specified otherwise, any notice sent to Appoke shall be sent by registered mail, return receipt requested to Appoke’s registered address. Any notice sent to you shall be sent by email to the email address provided in your Appoke account. Notices shall be deemed received 24 hours after sending the email, unless the sender receives an invalid email address message in return. Notices may also be sent to you by registered mail, return receipt requested to the address provided in your Appoke account, in which case, notices will be deemed received 3 business days after sending the letter.
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14.2 Non-waiver. Any failure by Appoke to insist upon or enforce performance by you of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be interpreted as a waiver of Appoke’s right to enforce such provision, in that or any other instance.
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14.3 Assignment. You may not assign or transfer this Agreement without Appoke’s prior written approval. Any assignment in violation of this provision shall be null and void.
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14.4 The provisions set forth in articles 2 (Intellectual property and license), 5 (Fees and payment terms), 8.2 (Developer Takedowns), 9 (Indemnification), 10 (Limitation of liability), 11 (Limitation of warranty), 12.4 and 15 (Governing law and jurisdiction) shall survive termination of this Agreement.
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14.1 Notices. Unless specified otherwise, any notice sent to Appoke shall be sent by registered mail, return receipt requested to Appoke’s registered address. Any notice sent to you shall be sent by email to the email address provided in your Appoke account. Notices shall be deemed received 24 hours after sending the email, unless the sender receives an invalid email address message in return. Notices may also be sent to you by registered mail, return receipt requested to the address provided in your Appoke account, in which case, notices will be deemed received 3 business days after sending the letter.
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Article 15. Governing Law and Jurisdiction
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This Agreement shall be governed by and construed in accordance with the laws of France. In the absence of an amicable resolution, for any disputes arising under this Agreement, with respect to its signature, enforceability, interpretation, performance or termination, the French courts shall have exclusive jurisdiction, (and if developer is a legal entity (corporation), the Paris commercial court shall have exclusive jurisdiction) notwithstanding multiple defendants, claims in warranty, and in the event of emergency or conservatory proceedings (“en référé” or “par requête”).
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This Agreement shall be governed by and construed in accordance with the laws of France. In the absence of an amicable resolution, for any disputes arising under this Agreement, with respect to its signature, enforceability, interpretation, performance or termination, the French courts shall have exclusive jurisdiction, (and if developer is a legal entity (corporation), the Paris commercial court shall have exclusive jurisdiction) notwithstanding multiple defendants, claims in warranty, and in the event of emergency or conservatory proceedings (“en référé” or “par requête”).
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Article 16. Entire Agreement
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This Agreement, together with the recitals, states the entire agreement of the parties regarding the subject matter of this Agreement, and supersedes any communications between the parties regarding such subject matter.
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This Agreement, together with the recitals, states the entire agreement of the parties regarding the subject matter of this Agreement, and supersedes any communications between the parties regarding such subject matter.