Following definitions have been copied from Deposit Agreement and Information Subscription Agreement.
Glossary
Information Subscription Agreement: means the agreement concluded between a Beneficiary and LOGITAS so as to be informed of:
- the Deposit status of a Software of which the Beneficiary is a legitimate user,
- the closure of the Deposit concerning him or the termination of the Deposit Agreement between LOGITAS and the Depositor,
- the withdrawal of a part of the Deposit.
Beneficiary: means any natural or legal person with a legitimate right to access the Deposit under the conditions laid down in Section V Beneficiary with a right of access to the Deposit of the Deposit Agreement. The Special Agreement and/or the Deposit Agreement may designate one or more Beneficiaries by name.
Certificate of Deposit: means the document issued by LOGITAS and sent to the Depositor and to each Subscriber, subject to payment in full by the recipient of any sum invoiced by LOGITAS on its due payment date. The Certificate of Deposit describes the deposited components and information comprising the initial Software Deposit and each Update of that Deposit, and the list of verifications carried out by LOGITAS and described in Section IV Deposit Arrangements and Content of the Deposit Agreement.
Source Code: means all source codes, procedures, development and maintenance documentation necessary to the correction or modification of all or part of the Software.
Special Agreement: means any agreement concluded between a Depositor and a Beneficiary, which grants a right of use to the Beneficiary over the Software covered by a Deposit and/or entailing an obligation to deposit Source Code at the charge of the Depositor on the basis of corrective and/or perfective maintenance of the Software and/or entailing service and/or operational continuity obligations for the Depositor.
Affidavit: Document prepared by the Depositor accompanying any initial Deposit or Update. The Affidavit notably describes:
- The Software or intangible asset concerned, in accordance with what is also mentioned in the licenses granted to the Beneficiaries, as well as the version numbers or technical status dates,
- The development, packaging and deployment environments to be redeployed and parameterized so as to be able to rebuild the Software based solely on the Deposit items,
- A list (in the form of a tree structure) of the items deposited permitting in particular to find the Source Code of each constituent module or component of the Software as described in point (I) above,
- The type of storage device as well as the possible playing, copying, loading procedures, etc.
Final Default: Any final and total disappearance by the Depositor without his contractual maintenance and monitoring and/or service and/or operational continuity obligations with respect to the Software covered by the Deposit as defined in the Special Agreement or, otherwise, in the Deposit Agreement, being assumed by a transferee appointed by name within a maximum period of thirty (30) Days from ascertainment of the disappearance of the Depositor by any means and, more generally, any final discontinuance of maintenance and/or continued operation of all or part of the Software covered by this Deposit Agreement, whether at the Depositor’s own initiative or following his court-ordered reorganization or liquidation. A complete or partial withdrawal of the Deposit items (components, versions, special developments, etc.) shall also be considered as a Final Default within the meaning of the Deposit Agreement. In the event of total or partial withdrawal of the Deposit items, LOGITAS shall inform the Subscribers.
Temporary Default: Any temporary inability by the Depositor to ensure his contractual maintenance and/or monitoring and/or service and/or operational continuity services with respect to the Software covered by this Deposit, as defined in the Special Agreement, or otherwise in the Deposit Agreement. A Temporary Default may also be invoked in case of an urgent maintenance need that is not satisfied due to a malfunction of the Software resulting in complete or partial operational impossibility.
Software: means a computer program that is the subject of a Deposit and, more generally, any software comprising intellectual property of the Depositor (or of a third party having issued a mandate to the Depositor or having granted him a sufficient license right to be make the Deposit under the provision of the Deposit Agreement), whether or not the subject of user licenses or grants to Beneficiaries. For the purposes of the Deposit Agreement, Software also means any intangible asset produced on the basis of IT platforms and used or deployed on such platforms, including, but without restriction, databases, industry files, research papers, websites.
Secure Period: period of storage of a Deposit, of a duration of twelve months after the end of Deposit Agreement for any reason whatsoever, after which the constituent items of the Deposit are returned to the Depositor or destroyed.
