Definitions Software: All the software that is the intellectual property of the Depositor (or a third party representing the Depositor), that is the subject of licences given to End Users or private contracts with Authorised Third Parties and which Copies have been deposited with LOGITAS. Revisions: All additional improvements to the Software as well as new versions, new modules or specific developments. Support Documents: All technical documents and relative manuals to the software which are deposited with it. Deposited Software: A copy of the Source Codes of the Software, Revisions and/or new versions and technical associated documentation pursuant to article 3 of the present contract and deposited with LOGITAS. End Users: All End Users, moral or physical person, having a valid license to use the software and more generally any person having signed an agreement with the Depositor concerning the Deposited software. Authorised Third Parties: All physical or legal persons (e.g. a designer of data processing materials or a back-up company , etc...) with whom the Depositor has a private contract permitting access to Deposited Software conforming to the rules of the attached Deposit Software Subscription Agreement of annex three of the present contract. Maintenance and follow-up : All correction of errors, all material business environment modifications and all modifications of the software, all based on the specific needs of the End User. Priority to specific conditions: In the case the licence or maintenance agreement signed between the Subscriber and the Depositor gives a specific definition of the maintenance, it is the latest which will prevail when claiming for a copy of the deposited software. More generally, in the case where the contract concluded between the Depositor and the End User and/or an authorised Third Party foresees conditions, procedures and time delays for the restitution of a copy of the elements on deposit that differ from the standard conditions of the present contract, LOGITAS will execute the instructions stated in the contract established between the Depositor and the End User and/or an authorised Third Party, they will take precedence over the standard conditions of the present contract to the extent that the specific conditions can be reasonably executed by LOGITAS. These agreements most be presented to LOGITAS in French and or English. So and conforming to the disposition of art. 5, 5.1 and 5.2 of the present Certified Software Deposit Agreement, any request for a copy of the Deposited Software will be accompanied by a conforming certified copy of the licence and/or maintenance agreement or any other particular agreement giving the End User authorisation access to the Deposited Software. Permanent Default: All permanent disappearance of the depositing company without the assumption of maintenance and follow-up obligations as defined in the licensing contract and/or the maintenance contract established between the Depositor and the End User and/or an authorised Third Party or in default, as defined by the present contract, concerning the Deposited Software by an assignee within a one month delay and more generally, all permanent termination of software or part of the software maintenance which is the subject of the present contract, be it because of the principal or as a result of its reorganisation or its property liquidation . Equally deemed to be in permanent default with respect to the present contract, total or partial withdrawal of the elements of the Deposited Software. Temporary Default: All temporary incapacity of the Depositor to fulfil the Depositor's contractual obligations of maintenance or adaptation during a delay greater than the maximum time period provided by the software supply contract or the associated maintenance contract, which the Depositor has signed with the End User and/or an authorised Third Party. The End User shall also refer to the Temporary Default in case of an unsatisfied emergency request in maintenance due to a dysfunction in the software provoking a total or partial breakdown in its functioning. Such a default could be verified by a binding decree whereby its findings would become definitive. Subscriber: All "End Users" or "Authorised Third Party" who sign the LOGITAS Deposit Software Subscription Agreement as joined in exhibit 3 of the present agreement. Permanent Authorisation: Written authorisation through which the Depositor permanently authorises an End User or an Authorised Third Party to subscribe to LOGITAS the Deposit Information Subscription Agreement, included herewith in annexe 3 of the present contract, allowing him to receive directly from LOGITAS a Deposit certificate for the deposited software described in the present contract, information pertaining to any permanent default by the Depositor , any cessation of the present contract and any partial or total withdrawal of the elements on deposit ; Audit: Inspection of the contents of the Deposited Software to verify the completeness and the coherence of the software. This inspection permits LOGITAS to supervise the possibility of recovery of the controlling ideas of the Deposited Software under normal conditions by all competent persons in case of default of the Depositor. The audit can be realised directly by the End User or authorised Third Party or by a specialist organisation.
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