Legal notice

DIANA General Web Site Terms and Conditions of Use

This website is the property of KERISPER SAS, with a capital of 351,589,941 EUROS whose registered office is Talhouët, 56250 SAINT NOLFF - France registered at Vannes RCS under number 498 419 308. Intracommunity VAT number FR 26 498 419 308.

Tel: +33 (2) 97 48 49 00 - contact@diana-group.com

Director of publications: Mr. Jean-Yves Parisot

Access

By using this Web Site you agree to the terms and conditions expressed hereunder. These apply exclusively to your access to, and use of, this Web Site and do not alter in any way the Terms and Conditions of any other agreement you may have with DIANA or any of its Affiliates.

Internet host

The Internet hosting entity which is responsible for the direct and full-time hosting the portal is: NOVIUS whose registered office is 55, Avenue de Galline – 69100 Villeurbanne, represented by MR. Anthony BLETON and registered with the RCS Lyon number 443 207 154.

Contacts

Address technical questions, comments as well as general questions about the DIANA Web Site to Diana Corporate Communication. For other communications, direct as indicated in the followings paragraphs.

Privacy

See the DIANA General Web Site Privacy Statement hereunder described.

Submissions

Except as otherwise provided in a separate written agreement between you and DIANA, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of email or electronic submissions to DIANA, or postings at this Web Site, are non confidential and shall become the sole property of DIANA to the fullest extent permitted by applicable law. DIANA shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or additional compensation to you. In the event applicable law operates to prevent DIANA from becoming the sole owner of any such property, then this provision shall be effective as granting to DIANA (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, nonexclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.

Copyrights, trademarks, and permissions

You acknowledge that DIANA or third party granting rights to DIANA hold title to all materials on this site, which are the copyrighted works of DIANA or such other third party, with all rights reserved. Such materials include but are not limited to design, text, graphics, files, photographs, video and audio clips, and the selection and arrangement thereof. DIANA authorizes you to view and use the Web Site with the followings restrictions : i) use must be solely for your personal informational and noncommercial use; ii) downloading is limited to one electronic or hard copy of limited portions; iii) each page downloaded must include this copyright statement displayed in a prominent position; iv) materials cannot be modified, forwarded, displayed, distributed, performed, or published in any media without the prior written permission of DIANA.

You may not frame or use framing techniques to enclose any portion of this site without the express written consent of DIANA. You may not use tags or any other hidden text using the DIANA name or trademarks and services marks without the express written consent of DIANA.

No commercial use of the information on or under this Web Site is licensed or permitted. The use of automated systems (robots, spiders, or any other data-mining or similar data-gathering and extraction tools) to access, acquire, or download information on this Web Site is expressly prohibited where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual. The word “DIANA”, the DIANA logo, and the products and services described in this Web Site are either trademarks, trade names, or service marks of DIANA and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of DIANA or their respective owners, and then with the proper acknowledgements. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of DIANA, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DIANA.

Forums, interactive areas, postings and feed back

You agree not to upload to, distribute, or otherwise publish through this Web Site any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable, or that would constitute or encourage criminal offense, violate the rights of any party, or otherwise create liability or violate any law. On this Site you cannot, without the express written approval of DIANA, distribute or publish promotions, advertising or solicitations for funds, goods, or services. You shall remain solely liable for the content of any messages or other information posted by you on this Web Site, and DIANA takes no responsibility and assumes no liability for the content of posted or uploaded materials. DIANA reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive, or otherwise inappropriate.

Copyright infringement by postings

By posting software or other content to this Site, you warrant to us (and we rely on this warranty) that such items are known to you to be free shareware or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright. Upon receiving written notice to Diana Corporate Communication that any items posted on this site is believed to infringe a copyright or other proprietary right, we will remove said work and will not permit its reposting. We make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software posted to this Site, and we will assume no liability for any losses or damages alleged to arise from use of or reliance on such software. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted on this Site.

DIANA software

Any DIANA software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this Web Site is licensed to you by DIANA for your personal, noncommercial use, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble, or create derivative works from any Software.

Hyperlinks

DIANA makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature, or reliability of Web Sites accessible by hyperlinks from this Web Site, or Web Sites linking to this Web Site.

Financial-material disclosure

This Web site together with any documents issued by DIANA and available through this Web Site may contain statements that constitute forward-looking statements. Those statements may appear in a number of places in this Web Site (together with any document issued by DIANA and available through this Web site) and can be identified by the use of forward-looking terminology such as “believe”, “expect”, “plan”, “may”, “will”, “should”, “anticipate” or similar statements or the negative thereof or other variations thereof. Such forward-looking statements include, without limitation, statements made as to the future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution, and replenishment systems and operating efficiencies, sales and earnings estimates or trends, and expansion plans and projections. Such forward-looking statements are based on current expectations and by their nature involve known and unknown internal and external risks, uncertainties, and other factors that may cause the actual results, performance, or achievements to be materially different from those expressed or implied.

DIANA privacy policy statement

The privacy principles and procedures set forth below are intended to tell you how we collect, use and distribute user information via our primary public Web Site (www.diana-group.com). This statement also applies generally to all Web Sites operated by DIANA (and its affiliates). This statement does not cover information collected from sources other than DIANA Web Sites.

Types and uses of personal information

If you use this Web Site, personally identifiable information about you may be collected and processed by DIANA employees. In general, we only collect such information (such as your name, address, phone number, e-mail address, and type of business) when you knowingly provide it to us. Additionally, DIANA may automatically collect or process personally identifiable data (such as your internet domain or IP address) as part of the operation of this Web Site or during the course of your activities on or use of this Web Site. In nearly all cases this data may be collected or processed by, and transferred to, DIANA facilities in France and in other countries where DIANA does business; the date is then subjected to the legal systems of those countries. By using this Web site (which resides in part on servers located in France), you unambiguously consent to any collection, processing, transfer or use of any personal data. If you do not consent to any collection, processing, transfer or use of such information, please discontinue use of this Web Site.

Sharing with other DIANA companies

We share so much of our data, including personally identifiable information about you, with our affiliates throughout the world. To the extent that these entities have access to your information, they will follow privacy practices no less protective than our practices described in this document, to the extent allowed by applicable law.

How personal information is shared with third party

Without the user’s consent, DIANA will not sell trade or disclose the user’s personally identifiable information to third parties that want to market products to the user. However, DIANA may disclose information to third parties assisting us to carrying out a transaction or providing a service to you (e.g. packaging, sending and delivering purchases and information to you, clearing credit card transactions, or performing statistical analyses of our services), or in connection with merger and acquisition discussions. Additionally, DIANA may disclose information when required by subpoena, search warrant, or other legal process, or in response to activities that are unlawful or a violation of DIANA rules for use of the Web Site, or to protect and defend the rights or property of DIANA.

Modifications to statements

DIANA reserves the right to change, modify, or update this statement at any time without notice. We indicate the date of the current statement below, so you know when it was last updated.

Access and accuracy

DIANA wants to maintain only accurate information about users of the Site. You can request individual information that has been gathered about you by contacting DIANA. Upon receipt of appropriate identification information, DIANA will provide you with access to the personally identifiable information that it maintains about your use of DIANA Web Sites or which you have supplied to DIANA via a DIANA Web Sites. If you find actual inaccuracies, please notify DIANA so that they may be corrected.

Linked Web Sites

We provide links to third party Sites. Since we do not control these Web Sites, we encourage you to review the privacy statement posted on these (and all) third party Sites. DIANA is not responsible for the privacy statements or practices of Sites and services controlled by other companies or organizations.

Use of cookies

DIANA may use “cookies” in connection with operation of its Web Site. Cookies are small pieces of information that are stored on your computer by the DIANA Web Site server. Cookies are used for record-keeping purposes ― the stored information can be retrieved by the DIANA Web Site server when you return to the Web Site. This allows DIANA to personalize or regulate the use of the Site, and also permits DIANA to automate the access and data-entry functions of the site (e.g. login information), to store on-line ordering information for purchases you may make while visiting the site, and to tailor the appearance or presentation of the site to your preferences or interests. In general, we do not use cookies to track the navigational habits of identified users without the user’s consent. If you visit our Sites to read or download content, much of the information we do collect is statistical only (e.g., the domain from which you access the Internet, the date and time you access our Site, and the Internet address of the Web Site from which you linked directly our site) and not personally identifiable. We use this information about the number of visitors and their use of the Sites in aggregate form to make our sites more useful and attractive to you.

The use of cookies is common in the industry, and they are used at most major Web Sites. Cookies will not be used to pass any information from your computer except the specific information placed into the cookies from one participating DIANA Web Site when the cookie is retrieved by another participating DIANA Web Site. You may wish to adjust your Web browser to inform you whenever a cookie is to be used, or to reject all cookies automatically. However, if you elect not to accept cookies, some parts of the Web Site may not function properly or permit access.

Contact information

Customers should direct comments or questions regarding this statement to their DIANA representative, employees to their Personnel representative; all other inquiries should be directed to legal@diana-group.com.

Disclaimer

This Web Site and the materials under this Web site are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, DIANA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non infringement, DIANA does not represent or warrant that material in this Web site are accurate, complete, reliable, current or error-free. DIANA does not represent or warrant that this Web Site or its server(s) are free of viruses or other harmful components.

DIANA reserves the right to change any and all content contained on this Web Site at any time without notice. References to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by DIANA.

Limitation of liability

In no event shall DIANA be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of this web site or the materials contained in, or accessed through, this Web Site.

Applicable law

The laws of France shall govern the construction and interpretation of these Terms and Conditions and the rights of the parties hereunder. By accessing or placing orders under this Web site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by all applicable law and regulations. Visitors who do not agree with these Terms and Conditions should not access or place orders through this Web Site. Any controversy or claim arising out of or relating to your use of this Web Site or any services provided hereunder shall be settled by binding courts to be held in the French language in Vannes, France.

Termination

Notwithstanding any of these Terms and Conditions, DIANA reserves the right, without notice and in its sole discretion, to terminate your license to use this Web Site and to block or prevent future access to and use of this Web Site.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Language

It is at the express consent of the parties that the present agreement be written in English.

Changes of the Terms

DIANA reserves the right to change, modify, or update these Terms and Conditions of use, at any time, without notice. The date of the latest update is presented below.

Last updated : April 2011, Version 1.0.

Copyright © 2011 Diana – All rights reserved