10.1 – BackResto's intellectual property rights

BackResto holds intellectual property rights to the Website, the Application, and the Solution as a whole, as well as to the "BackResto" trademark.

BackResto is also the holder of intellectual property rights and in particular database producer rights, within the meaning of Articles L.341-1 et seq. of the Intellectual Property Code, on the Shared Database. The Customer acknowledges that BackResto is free to exploit all or part of the Shared Database, in particular by way of assignment or licensing of rights to any third party, free of charge or for payment and, as necessary, declares to authorize such exploitation, for all purposes.

BackResto reserves the right to correct any anomalies in the Application.

The Customer agrees not to infringe in any way the intellectual property rights of BackResto on all or part of the Website, the Application, the Solution, the Shared Database, or the "BackResto" trademark. The Customer thus undertakes in particular to use it only for the needs of their professional activity, not to remove any mention concerning trademarks or other signs and property mentions, to take all useful measures so that third parties sharing their premises cannot benefit from the right to use the Solution, to refrain from directly or indirectly making available to third parties all or part of the Solution, for any reason, in any form (in particular by "hosted application provision" mode, rental, loan, shared use) and for any reason, free of charge or for payment, except with prior, express, and written authorization from BackResto. The Customer expressly guarantees compliance with these provisions by Users and other members of their staff. Any breach by the Customer of these obligations will allow BackResto to terminate the Contract immediately and as of right, by simple notification by registered letter with acknowledgment of receipt, without prejudice to any damages and interest.

The Customer acknowledges that BackResto reserves the right to integrate into the Application a security mechanism (such as a locking system and/or an authorization key) in order to ensure that the Customer complies with the terms of the Contract. Such a security mechanism is intended to record data relating to the use of the Application at any time and with or without notification, which the Customer expressly authorizes, while undertaking not to interfere with the proper functioning of such security mechanisms.

10.2 – Grant of a right to use the Application and Shared Database to the Customer

BackResto grants the Customer, in return for payment of the Subscription, a simple non-exclusive, personal, and non-transferable right to use the Application and the Shared Database to enable them to implement the Solution exclusively on the Site(s) agreed within the limits defined in the Contract.

The grant of usage rights is limited to the duration provided for in the Contract.

The Customer expressly acknowledges that the Contract does not transfer any ownership rights to the Application and agrees not to make any error corrections, modifications, adaptations, or translations of the Application, nor, more broadly, to modify, decompress, distribute, license, or exploit in any way all or part of the Solution as well as any element attached to it.

The Customer also declares to be the legitimate holder of all intellectual property rights relating to the elements they may be required to make available to BackResto, in particular in the Application or the Shared Database, and grants BackResto a right to use these elements for their exploitation in the context of marketing the Solution, worldwide and for the duration of the rights concerned. Failing this, and in the event of third-party claims, they will deal with it personally and alone bear the consequences of such claims, thus guaranteeing BackResto against any recourse, provided that the fault is not attributable to BackResto.