Orange API Specific Terms for Orange Wifi Locator France
Service Provider: Orange SA, with registered address located at 78, rue Olivier de Serres, 75015 Paris, France (VAT registered: FR 89 380 129 866) (“Orange”)
Version number: 2.0
Date: Jan 25, 2016
1. Orange Wifi Locator France Description
Orange Wifi Locator France allows your API Client, as defined in section 1 of the Orange APIs General Terms, to provide a direct access to the public list of wifi hotspots located in France (including location and other information related to the wifi hotspots) of Orange and/or Orange’s partners.
Orange Wifi Locator France is provided by Orange for free. New pricing may be introduced by Orange at any time, in accordance with the provisions of section 7 of the Orange APIs General Terms.
3. Contractual Documents
The Terms, as defined in section 1 of the Orange APIs General Terms, consist of (i) such Orange APIs General Terms and (ii) these Orange API Specific Terms for Orange Wifi Locator France. In case of any discrepancy between the Orange APIs General Terms and the Orange API Specific Terms for Orange Wifi Locator France, the latter shall prevail.
4. Specific Conditions of Orange Wifi Locator France
4.1. Service Availability. Orange will use its best efforts to provide Orange Wifi Locator France with reasonable care and skill. Orange will grant no guarantee or warranty with respect to Orange Wifi Locator France. In addition, Orange informs You that Orange Wifi Locator France may be subject to (i) suspension at any time for technical or operational reasons (in particular but not limited to maintenance operation) or (ii) removal for indefinite periods of time for any reasons or events that are not under the direct or indirect control of Orange.
4.2. Prerequisite with respect to End-Users. To use Orange Wifi Locator France, You must ensure that End-Users have access to the internet or mobile network, stated that the relevant access fees (including roaming fees or costs) are the liability of End-Users. You are informed that End-Users must have all necessary equipment, including a computer or a smartphone, a modem or any other connection tool to enable them to be connected to the internet or mobile network.
4.3. Grant of Rights to Use. Orange retains all right, title and interest in and to Intellectual Property Rights related to Orange Wifi Locator France and You are granted a limited right to use the Orange Wifi Locator France under section 3 of the Orange APIs General Terms.
4.4. Limited Right to Access to the Database and to use the Data. All the data, which will be made available to You and/or End-Users(without limitation, the public list of wifi hotspots, together with location and other information related to the wifi hotspots, the “Data”) through Orange Wifi Locator France, are stored in a database protected by intellectual property rights (the “ Database”). Orange grants You and End-Users a limited, personal, royalty-free, non-exclusive, non-sub-licensable and non-transferable right to access to the Database and use the Data only for the purposes of viewing the Data only and during the time when Orange Wifi Locator France remains available to You. No other use of the Database and/or the Data is allowed under these Specific Terms.
4.5. Misuse of the Database and/or the Data. In case You use the Database and/or the Data in an abusive manner or for any other purposes than those stated in these Specific Terms (for instance if your API Clients collect, modify, alter whole or part of the Data), Orange is entitled to withdraw immediately the right to access the Database and to use the Data and to terminate these Specific Terms.
4.6. Liability with respect to the Data. The Data are for End-Users’ general information and personal and non-commercial use only. They are subject to change at any time without notice. Orange neither represents, nor warrants that the Data are accurate, complete or suitable for any purpose. You acknowledge that the Data may contain inaccuracies or errors and, to the extent permitted by law, Orange has no responsibility for such contents and information.
4.7. Representation with respect to your API Client. You represent and warrant that your API Client does not and will not implement and/or make available any feature or any other technical tool that may allow End-Users to copy, in whole or in part, the Data.
5. Orange Brands, Design Rules and Graphic Resources
The ORANGE brand and any trademarks, brands or logos owned by Orange (the “Brands”) are subject to exclusive rights and You are granted a limited right to use the Brands under section 13 of the Orange APIs General Terms. When Orange makes available, on Orange Developer website (developer.orange.com), (i) some rules with regard to, with no limitation, design, use of the Brands, (the “Design Rules”) and (ii) some graphic resources (such as buttons, error messages, the Brands) (the “Graphic Resources”), You undertake to fully comply with such Design Rules and Graphic Resources.
Any non-compliance with section 13 of the Orange APIs General Terms, the Design Rules and/or the Graphic Resources may constitute a material breach of these Specific Terms. Therefore, Orange may either suspend these Specific Terms until You fully comply with the Design Rules and the Graphic Resources, or terminate these Specific Terms if You do not fully comply with the Design Rules and the Graphic Resources within a reasonable time.
6. Conditions of Withdrawal of Orange Wifi Locator France
Notwithstanding section 9 of the Orange APIs General Terms, Orange will inform You of the termination of Orange Wifi Locator France one-month in advance of the date of the termination, without prejudice to any claim for damages.