Previsite does not grant the Client any guarantee of quality or fitness for a particular use, or absence of a virus that might be introduced by other clients using PREVISITE Software, despite the protective measures taken by Previsite.

Previsite also does not grant the Client any undertaking or guarantee in terms of timing for the processing of the Images or the delivery of the virtual visits.

Finally, Previsite does not grant the Client any guaranteed supply of the Services (i) in the event of the interruption or poor functioning of the Internet network or the Client’s connection or (ii) in the event of incompatibility with the Client’s software or hardware, or further (iii) in the event of the wrong manipulation of PREVISITE Software and the Lens.

The Client expressly declares that he holds all the rights necessary to create the photographs and Images, that they are not harmful to public order and accepted standards of good behaviour or to third party rights, and particularly the right to the image of the owners of the photographed objects or architects’ literary and artistic property right relating to these objects, and that he has received all the necessary authorisations, and guarantees Previsite for each photograph and/or Image against any disturbance, demand, forfeiture of rights or claim in this regard, whether the photographs and Images were taken and animated for the first time following their being placed on PREVISITE Software by the Client or they come from Previsite’s database (in which case the Client’s liability shall be joint and several with that of the client that placed the Image on PREVISITE Software for the first time and guarantees that the original authorisations were obtained).

The Client represents and warrants to Previsite in particular that he has received all the necessary authorisations for one or more uses of the Images on any type of medium and for any type of use, and that these authorisations shall remain valid for a period of ten (10) years from the date they are first placed on PREVISITE Software, renewable thereafter by tacit agreement for further one (1) year periods, unless terminated by either of the parties at the end of each of the renewal periods in consideration for minimum notice of three (3) months.

The Client expressly undertakes in addition to inform Previsite of any financial difficulty and any risk of insolvency pursuant to this clause, in order to allow Previsite to withdraw the Images from its database until the Client’s return to a better financial situation.

FORCE MAJEURE

In the event of force majeure, Previsite and the Client agree that the performance of the Subscription Agreement and the Services shall be suspended initially. If the force majeure event or events have duration of more than two (2) months, the Subscription Agreement shall be terminated automatically, unless otherwise agreed between Previsite and the Client.

Force majeure events or acts of God are expressly considered to be, other than those usually retained by the case law of the French courts and tribunals, total or partial strikes, whether internal or external to the enterprise, lock-out, bad weather, epidemics, blockages of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulation changes in the forms of commercialisation, computer breakdowns, blockage of telecommunication means, including the networks, and any other event independent of the express will of Previsite preventing the normal performance of the Subscription Agreement and the Services.