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GENERAL CONDITIONS OF USE OF THE WEB APPLICATION "KSB-amri Flow Control":

Preliminary Article: Purpose

The purpose of these General Conditions of Use (G.C.U) is to establish the legal framework applicable to the provision and use of the "REGLAWIN" web application and its functionalities (hereinafter the "web application").

The present conditions of use (G.C.U) must be accepted by any user wishing to access the web application. The G.C.U constitute a contract between KSB and the user. The use of the web application signifies the express and unreserved acceptance of these G.C.U by the user. If the user has one or more reservations about these G.C.U, the user must renounce the use of the web application and all of its functionalities.

Article 1 : Legal Notice

The KSB-amri Flow Control web application [https://www.ksb-amri-flowcontrol.com] has been developed by KSB SAS, a simplified company with a capital of 10,000,000 Euros whose registered office is located at 4 allée des Barbanniers, Gennevilliers 92230, and registered with the Nanterre Trade and Companies Register under number 569,801,897 (hereinafter "KSB").

The direction of the publication is ensured by Gérald Grandclaudon

The host of the site is the company : ONLINE SAS
BP438
75366 PARIS CEDEX 08
via services Scaleway : www.scaleway.com

Article 2 : General

The purpose of this web application is to provide users free of charge with functionalities to perform certain hydraulic calculations on KSB butterfly valves only: calculation of flow coefficient, pressure drop, flow velocity, control angle and noise level.

This web application is intended exclusively for professionals within the meaning of the introductory article of the French Consumer Code in its version resulting from law n°2017-203 of 21 February 2017: "any person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional".

The results of the calculations or estimates generated by the functionalities of the web application must not be used in practice until a professional competent in the field of hydraulic installations has verified the consistency of the said results in view of the project envisaged by the user.

Article 3: Use of the web application

In order to use the web application and its functionalities, it is recommended to use the following browsers: Chrome 70, Firefox 60, Safari 12, Microsoft Edge 79, however KSB does not guarantee compatibility.

KSB reserves the right to carry out any maintenance work necessary for the proper functioning of the web application without prior notice to the user. Furthermore, KSB reserves the right to modify or delete some or all of the objects, functionalities or other elements of the web application without prior notice to the user.

KSB reserves the right to delete the web application at any time and for any reason without prior notice to the user.

KSB cannot be held responsible for the inability to access the web application for any reason whatsoever.

Article 4: Intellectual property rights

The web application and all its elements and other functionalities have been developed by KSB, therefore the web application, all its elements and other functionalities are the exclusive property of KSB.

The general structure, as well as the software, texts, animated or fixed images, sounds, know-how, drawings, graphics and any other element composing the web application are the exclusive property of the company KSB S.A.S. Any reproduction or total or partial representation of this web application by any process whatsoever, without our express authorization, is prohibited and would constitute an infringement punishable by articles L. 335-2 and following of the Intellectual Property Code. The trademarks of our company, as well as the logos, appearing on the web application are registered trademarks. Any total or partial reproduction of these trademarks and/or logos, made from elements of the web application without our express authorization is therefore prohibited, within the meaning of article L.713-2 of the Intellectual Property Code.

The copyrights of third parties will be taken into account and respected if we are neither the author nor the owner of the content.

The user is informed that any violation of KSB's intellectual property rights of any of the elements of the web application exposes him/her to legal proceedings.

Article 5: Right of use

The user is authorized to use the functionalities of the web application for professional use, this right to use the web application is limited to the objects indicated in this article 2.

It is strictly forbidden for the user to access and/or use the source codes of the web application. The user does not acquire any intellectual property rights of any element composing the web application, nor any other rights other than those conferred by these General Conditions of Use.

Article 6: Use of data entered and generated

All the technical data entered by the user, as well as all the results generated by the functionalities of the web application can be recorded.

All the technical data entered by the user and all the results generated by the functionalities of the web application may be used by KSB or by a third party commissioned by KSB for the purpose of, among other things, but without this constituting an exhaustive list, drawing up statistical studies with a view to improving KSB's products or improving the functionalities of the web application.

Article 7: Use of personal data

Within the framework of the use of the web application, certain personal data may be collected. These personal data collected from users are used for the purpose of managing the accounts of users of the web application services and for the improvement of the web application.

1. Data: the following categories of data may be collected and stored
User's professional email address;
Name and surname of the user;
User's business telephone number

2. Recipients of the data: The personal data of users is processed by KSB or by subcontractors appointed by KSB. These may be companies of the KSB Group, but also third parties within the European Economic Area. No data will be passed on to recipients outside the European Economic Area.

3. Purpose of the treatment: The purpose of the data collected by KSB SAS through the web application is to enable the monitoring of user accounts and the improvement of the web application. In addition, KSB may process the collected data communicated to it in order to carry out its commercial, marketing and canvassing activities for commercial purposes.

4. Legal basis: the legal basis for the processing of personal data indicated in part "1. Data" falls within the scope of the application of Article 6.1. a) of the DPO Regulation "the data subject has consented to the processing of his or her personal data for one or more specific purposes;". Consequently, if a user does not consent to the processing of his/her personal data, it is up to him/her not to use the web application and not to create a user account.

5. Consent and Withdrawal Procedures: The user may at any time withdraw his consent to the collection and use of his personal data, without this rendering unlawful the processing carried out on the basis of the consent up to the withdrawal or on the basis of other grounds allowing us to process. Withdrawal must be communicated to gerald.grandclaudon@ksb.com.

6. Retention period: The personal data of the data subjects shall be erased or blocked when the purpose of the processing or storage ceases. Retention beyond this period shall only take place to the extent and for the duration required by the European or national legislator within the framework of regulations of European law, laws or other applicable standards to which KSB is subject.

8. Data protection rights within the European Union: the user has a right of access to personal data that has been collected about him/her, as well as the right to rectify, erase or limit the processing, and the right to object to the processing of such data. The right of access must be exercised by contacting: gerald.grandclaudon@ksb.com. The user also has the right to lodge a complaint with a supervisory authority within the European Union.

Article 8: Obligations of the user

The user undertakes not to use the web application for purposes other than those provided for in Article 2 of these G.C.U. The user undertakes never to use the web application for purposes that could harm KSB in any way.

It is the exclusive responsibility of the user to ensure prior to the use of the web application that he or she has all the necessary authorizations to enter data on the web application. It is his or her responsibility to check that the use of the web application does not contravene any confidentiality agreement in any way.

Should KSB be held liable by a third party due to the use of the user's web application, the user concerned shall be obliged to indemnify KSB in full for all damages, costs and expenses incurred by KSB.

Article 9: Exclusion of liability of KSB for the use of the web application

The information as well as other contents and functionalities of the web application are provided without obligation and can be changed at any time. KSB does not guarantee that the information, content and functions provided are up to date, correct, complete, of high quality and durable.

The information and results obtained through the use of the web application are purely informative. Access and use of this web application is the sole responsibility of the user. KSB shall not be liable for damages of any kind, including direct or indirect damages, as well as consequential damages resulting from access, non-access or use of the web application.

The data or information obtained through the use of the web application may not under any circumstances and in no way constitute a contractual commitment between the user and KSB. In any case, the provision of information through the web application shall not be construed as an invitation to enter into negotiations.

Article 10: Removal of access

Should KSB observe that one of the users violates these G.C.U., KSB may, without prior notice to the user, delete the user's account and withdraw access to this web application.

Article 11: Applicable law and competent jurisdiction

The use of the web application is governed by French law regardless of the user's place of residence, or the place of connection to the web application, or the place of use of the web application. Any dispute related to the use of the web application will be subject to the jurisdiction of the Commercial Court of Paris, which will apply the rules of French law to the exclusion of the rules of conflict of law.