TERMS OF USE — Runway

PREAMBLE

These Terms of Use (ToU) are intended to provide the User with the information necessary for the use of the IPTV One application made available by Runway (Runway, registered under SIREN 989 869 276, with its registered office at 2 Place Grande Hermine, 35000 Saint-Malo), hereinafter referred to as "Runway".

ARTICLE 1 - DEFINITIONS

Capitalised terms used in these ToU, whether in the singular or plural, shall have the meanings set out below:

• Application: refers to the IPTV One software application;

• ToU: refers to these Terms of Use of the IPTV One Application governing access to and use of the Application;

• Account: refers to the personal account created on the Application by a User and accessible via their Credentials, enabling them to access Runway's services;

• Personal Data: any information relating to an identified or identifiable natural person (hereinafter referred to as a "data subject"); an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

• Data Controller: refers to Runway, the legal entity that determines the purposes and means of processing the User's Personal Data, i.e. the objective and the manner in which it is carried out;

• Elements: refers to all content forming part of the Application, including without limitation its structure, design, graphics and source code, with the exception of User Data and content imported by the User;

• Runway: refers to the company making the Application available to the User;

• Credentials: refers to the login identifiers used to identify a User and the User's personal and confidential password, enabling access to their Account on the Application;

• User: refers indiscriminately to a private individual or a professional who has accepted the ToU prior to their first connection to the Application and holds a User account.

ARTICLE 2 - HIERARCHY - ACCEPTANCE - AMENDMENTS

2.1. Acceptance of the ToU

These ToU are intended to define the terms and conditions of access to and use of the Application by the User.

These ToU apply without restriction or reservation to any use of the Application.

The User acknowledges having received complete information regarding the Application, in particular its essential characteristics, and having been invited to read these ToU.

Use of and access to the Application are provided subject to the User's acceptance of the ToU.

The User is deemed to have accepted the ToU and the Data Protection Policy by clicking the relevant button when creating an Account.

These ToU govern the contractual relationship between Runway and the User, who accepts them without reservation.

Such acceptance is mandatory and is a condition of the User's use of the Application.

Runway reserves the right to refuse to validate a subscription, to validate it under conditions that differ from these ToU, or to cancel a subscription in the event of a prior payment incident, an abnormal prior request or behaviour, or bad faith.

2.2 Amendments to the ToU

Runway reserves the right to modify these terms at any time without prior notice or compensation.

The User shall keep informed by regularly visiting these ToU.

Any amendment to the ToU is notified to the User electronically; the User is free to refuse its application and thereby terminate their registration. In the absence of an express refusal of the ToU by the User, the amended ToU shall apply to the User's use of the Application.

ARTICLE 3 - DESCRIPTION OF THE APPLICATION

The Application is a multimedia application that allows the User to easily import audiovisual content.

The Application is a neutral application that does not provide any content.

The Application is not a solution for importing and/or viewing illegal content or content obtained fraudulently.

The Application's features are described in Annex 3 of the Terms of Service.

ARTICLE 4 - REGISTRATION AND CREATION OF A USER ACCOUNT

4.1. Installation of the Application

The User is informed that connection to the Application is made via the internet.

The Application is available for free download from the iOS, Android, Windows and Linux (Snapcraft) app stores.

The Application is delivered in the latest version distributed on the date the Agreement is signed.

The User shall install the Application at their sole responsibility.

4.2. Prerequisites

In order to use the Application and acquire User status, the User must first register and create a User account directly via the Application.

The User also has the option of using the Application via a Subscription granting access to additional features.

4.3. Registration procedure

A User Account is opened in accordance with Runway's instructions, in particular by completing the online form.

Each User is required to use their email address to register and log in to the Application.

A six (6)-digit confidential code will be sent by email to validate the User's registration and each new login.

Runway shall under no circumstances be held liable for any failure by the User to provide the requested information.

The accuracy and correctness of the information provided by the User when opening a User Account are presumed and engage their liability, in particular as regards their identity.

Runway reserves the right to request additional information from the User for the purpose of validating the User Account; such a request will be sent by email.

Such a request will be justified in particular in the event of an error in the information provided, contradictory information, or doubt as to the accuracy of the information provided.

If the User fails to provide the requested information within two (2) hours, Runway may suspend or delete the User Account.

Any change to User data must be made directly in the Application, so that the User's data is always up to date in their User Account.

Each modification authorises Runway to verify the new information provided at its discretion.

In any event, Runway reserves the right to carry out any subsequent checks on the information entered by the User in connection with their User Account, in order to verify ongoing compliance with the rules set out above and with these ToU.

If Runway finds that the User has provided false information or has not provided the additional explanations it may request, the User's User Account may be suspended or permanently deleted without notice or compensation.

Credentials are strictly personal to the User, who must keep them confidential and must not transmit them to any third party or other User.

The use and preservation of the confidentiality of Credentials are the sole responsibility of the User.

In the event of the loss or misappropriation of a Credential, a procedure for issuing new Credentials will be implemented.

Any loss or involuntary disclosure of information that could enable a third party to gain knowledge of a User's Credentials must be reported immediately in writing to Runway.

ARTICLE 5 - SUSPENSION OR DELETION OF THE USER ACCOUNT

5.1. Deletion at the User's request

The User may unsubscribe from the Application and their Subscription at any time by going to, as applicable:

• The Settings page of the Application where the Subscription was taken out within the Application;

or

• The Subscription settings of the operating system (iOS, Android, Windows, Linux (Snapcraft), etc.).

Termination will take effect immediately or, in the case of a Subscription, at the end of the current Subscription period, provided that notice was given before its expiry.

5.2. Suspension or deletion by Runway

Without prejudice to any damages that Runway may claim, Runway reserves the right to deactivate a User's access to the Application; in that event, their Subscription will be terminated by operation of law without notice or compensation in the event of:

• The User's failure to comply with the Agreement and in particular the ToU;
• Infringement of the intellectual property rights of Runway or third parties;
• Circumvention or attempted circumvention of technical protection measures put in place by Runway;
• Provision of false information at the time of subscription;
• Total or partial non-payment by the User of the price of their Subscription;
• Actions contrary to Runway's commercial interests;
• Abusive behaviour by the User towards Runway;
• Breach of applicable legislation.

ARTICLE 6 - ACCESS TO THE APPLICATION

The User acknowledges that registration grants them access to a dedicated interface through which they will have access to the Runway Application.

The User undertakes to read the information and protocols contained in the Application, which they use at their own risk.

The User's failure to comply with the Application's ToU shall entitle Runway to suspend, discontinue or delete the subscription and/or access to the Application at any time, without prejudice to Runway's right to claim any damages.

Any subscription confirmed by the User is firm and final. Any amendment to a subscription will be made directly from the User's Account in the Application or from the operating system settings of the User's device, depending on the subscription method.

Runway will use its best efforts to make the Application available 24 hours a day, 7 days a week, except during maintenance periods or outages, under the conditions set out in Runway's licence agreement.

The User is responsible for their personal installation and internet access.

Runway shall not be held liable for any difficulties accessing the internet network, which is managed by various providers.

Runway uses cookies intended to store information identifying the User during use of the Application, so that they do not have to enter information manually on each page visited.

The User may, however, prevent cookies from being used by changing their device settings.

ARTICLE 7 - TECHNICAL SUPPORT AND UPDATES

Technical support services and updates are provided under the conditions set out in the Terms of Service.

ARTICLE 8 - LICENCE TO USE THE APPLICATION

8.1. Scope of the licence

In consideration of the User's compliance with their obligations, Runway grants the User a limited, non-assignable, non-transferable and non-exclusive licence, for the duration of the ToU and under the conditions defined therein, to access and use the Application solely for their personal needs and for their sole benefit within a private circle.

The User's Subscription is strictly personal; the User may permit third parties to use their Subscription at their sole responsibility and at their own risk.

Access rights are granted via Credentials for worldwide access.

8.2. Restrictions on use

The User is authorised to use the Application only under the conditions specifically authorised by the Agreement.

The Agreement does not entail any transfer of ownership of the Application to the User.

The User is therefore prohibited from, without limitation:

• Copying and distributing all or part of the Application, or authorising or enabling a third party to do so;

• Assigning, selling, renting, lending, sub-licensing, distributing, outsourcing or transferring the rights granted under the ToU;

• Modifying, adapting, translating the Application, creating or attempting to create other works based on the Application, or authorising or enabling a third party to do so;

• Disassembling, decompiling, reverse engineering the Application, or otherwise attempting to discover its source code, except as specifically provided by applicable law;

• Altering, destroying or removing notices relating to the ownership of intellectual property rights or any other Runway proprietary notices appearing in the Application;

• Using, distributing, broadcasting, transmitting or communicating to the public all or part of a software program created, wholly or in part, using the Application, whether for a fee or free of charge, without an appropriate licence;

• The User undertakes not to infringe, directly or indirectly, Runway's rights and in particular not to:

• Use the Application in any manner whatsoever for the purpose of designing, reproducing, creating, distributing or commercialising a service that is similar, equivalent or substitutable to the Application;
• Use the Application for any processing not authorised by Runway.

Runway reserves the right to terminate the Agreement by operation of law and to take any action in the event of an infringement of its intellectual property rights.

ARTICLE 9 - INTELLECTUAL PROPERTY

All Elements forming part of the Application, as well as the pathways integrated into the Application, the source code and all future and specific developments carried out by Runway remain the exclusive property of Runway.

The Application and its Elements belong to Runway and are protected by copyright, trade mark and patent law and/or any other intellectual property right.

No provision of these ToU may be construed as transferring ownership of these intellectual property rights to the User.

Any representation, reproduction or extraction of the Application without Runway's authorisation is strictly prohibited.

Runway warrants that it holds:

• Either the economic rights in the Application and its functional documentation;
• Or an authorisation from the author of the Application enabling it to freely grant the User the right of use provided for in the Agreement.

ARTICLE 10 - OBLIGATIONS

The User acknowledges that, prior to accepting the ToU, they verified that the Application was suited to their needs and that all information and advice necessary for them to commit under the ToU were communicated to them by Runway.

The User expressly undertakes not to circumvent the Application.

The User declares that they have the equipment and connection means compatible with the configuration required to use the Application, and that they possess the technical knowledge and skills necessary to use it.

The User is solely responsible for access to and maintenance of such access, including by installing updates, and for use of the Application.

Runway shall not be held liable for any incompatibility between the User's device and the latest updates.

The User is responsible for the content they import and view on the Application.

The User undertakes in particular not to infringe the intellectual property rights of Runway or any third party.

To that end, the User undertakes to import only audiovisual content obtained lawfully, in compliance with the intellectual property rights of rights-holders in the audiovisual content imported into the Application.

The User undertakes not to share their Credentials with any third party.

The User must inform Runway of any potential incident or malfunction occurring during use of the Application.

The User is informed that the Application may malfunction in the event of unusual or disproportionate use.

The User undertakes not to make unreasonable or excessive use of the Application and, more generally, to ensure that their use does not affect the stability, security or quality of the Application.

In addition, the User is prohibited from:

• Infecting the Application with a virus;

• Making any modification to the Application;

• Deleting or modifying data or impairing the operation of the Application;

• Using the Application for illegal or fraudulent purposes and/or acting in an unlawful or prohibited manner;

• Interfering with or disrupting the intended operation of the Application;

• Soliciting, collecting or using the Credentials of other Users;

• Commissioning, soliciting, inciting or enabling any person to infringe one or more of these prohibitions;

• Modifying, decompiling, disassembling, translating or recreating the Application, even in part, or permitting third parties to do so;

• Attempting to modify, circumvent or provide the method or means of circumventing any deactivation mechanism that prevents use of the Application after the expiry of the Agreement;

• Uploading data, information or content that is defamatory, abusive, obscene, offensive, violent or inciting to violence, or of a political, racist or xenophobic nature, and more generally any content contrary to applicable laws and regulations or to public decency, within the Application;

• Referencing or publicly linking to any content or information available from the Application;

• More generally, using the Application in breach of the provisions of the Agreement or any legal or regulatory requirement.

The User shall bear all risks in the event of legal proceedings (civil or criminal) arising from fraudulent use of the Application.

ARTICLE 11 - LIABILITY

Failure to comply with the ToU renders the User liable under the conditions set out in the Terms of Service (Article 16).

ARTICLE 12 - DATA PROCESSING

Information relating to the processing of Personal Data carried out by Runway is set out in the Privacy Policy accessible at https://runway.bzh/video-one/privacy_policy.html.

ARTICLE 13 - ALERT AND ABUSE REPORTING PROCEDURE

The User is invited to report to Runway, under the alert procedure described below, any fraudulent use of the Application of which they become aware, in particular any illegal or fraudulent content imported into the Application by a User, or more generally any content imported by a User that contravenes applicable laws and regulations.

Likewise, any person who believes that a right they hold is being infringed on the Application may notify Runway by recorded-delivery letter, providing all of the following information:

• Identity of the notifier:

• If a natural person: surname, first name, date of birth, nationality, address and occupation;
• If a legal entity: its legal form, corporate name, registered office and the body legally representing it.

• A description of the disputed facts and their precise location on the Application;
• The grounds on which the content should be removed, including reference to the applicable legal provisions.

The User is informed that Runway has the right, as soon as it becomes aware, to terminate the Subscription of, or delete the account of, any User who has used the Application fraudulently — in particular by importing illegal or fraudulent content or by using the Application contrary to applicable laws and regulations — without compensation or payment.