Version dated December 16th, 2011

Allmyapps SAS, operator of the site available notably at the urls http://allmyapps.com and http://allmyapps.fr (hereinafter the « Site »), is a simplified joint stock company with capital of 7 513 euros, registered offices situated at 22-23 Quai du President Carnot – 92210 Saint-Cloud, France, and registered with the Trade and Company Registry of Nanterre under number B 512 834 631, its Intercommunity VAT Number being : FR 005 128 346 31.

The Director of Publication of the Site is: Thibauld FAVRE

The Site is hosted by Typhon SAS, 41 rue de l’échiquier – 75010 Paris – Contact: 0179971111.

Telephone : + 33 (0)1 79 97 11 11

Article 1 – Allmyapps service

Allmyapps detects and saves online all the software, web applications and mobile applications that you are using (hereinafter the “Applications”) in order to allow you to download, install, update, uninstall and launch them through the “Allmyapps” application management software (hereinafter the “Allmyapps Software”). Aditionally, Allmyapps offers a list of Applications that you may download, install, update, uninstall and launch through the Allmyapps Software (all these services being hereinafter collectively referred to as the “Services”).

The installation of the Allmyapps Software is mandatory to use the Services.

Allmyapps offer a free Service and a premium Service, the functionalities of which are detailed in the Site at the address http://allmyapps.com/tour.

The use of the Site and of the Allmyapps Software require the downloading and the acceptance of all the terms and conditions of the end-user license agreement related to the Allmyapps Software (http://allmyapps.com/about/eula).

By using the Services and downloading and/or using the Allmyapps Software, you acknowledge having read and agreed the above-mentioned terms and conditions.

After the validation of your subscription, the installation of the Allmyapps Software and your payment of the subscription fee to the premium Service if applicable, the Applications will be at your disposal in the frame of the Service, through the Allmyapps Software.

The Service may be used through the Site and/or the Allmyapps Software twenty- four (24) hours a day, seven (7) days a week.

Article 2 – Acceptance of General Terms of use – Registration

You are advised to read the present General Terms of Use carefully (hereinafter the « GTUs »). The GTUs, together with the terms and conditions that you accept while downloading and/or installing an Application constitute the contract between you and us relating to the Applications that you are downloading.

In addition, you agree to respect all of the related special conditions, and in particular the license agreement applicable to each and every Applications that you download from Allmyapps.

To use the Allmyapps Software you must be registered and become a member.

For that, you must complete all fields on the registration form with full and accurate information. In case of an incomplete or erroneous declaration your account may be deactivated, as of right, without notice and without further formality and you acknowledge that Allmyapps shall not be held liable for any of the consequences that may arise from such an erroneous or incomplete declaration. An e-mail confirming registration will then be addressed to you. You will be invited to click on a link in this e-mail in order to validate your registration. In case of failure on your part to validate within five (5) working days to be calculated from the date of reception of the said e-mail, Allmyapps reserves the right to remove your account at any time.

On subsequent visits, you will only be required to enter your login name and your password. For reasons of security and confidentiality you are advised to personalize your password.

Your login name and password are personal and should not be disclosed to third parties. All uses if the Service done using your login name and password shall be deemed to have been placed by you. In case of disclosure of your login name and password, contact privacy@allmyapps.com as soon as possible in order that the login name and password can be disabled.

Article 3 – Price – Payment

3.1 Price

Prices are indicated in Euros, or in Dollars if you are based in the United States, and include all applicable taxes but exclude additional charges.

Payment, where applicable, must be made prior to any access or use of the premium Service.

3.2 Payment terms

All payments are processed through the secured system of an Allmyapps service providers, using the SSL ‘Secure Socket Layer) protocol so that all transmitted information remain encrypted.

In case of payment by bank card, you will be asked to provide the number and expiry date of your card, as well as the security code. Registration of the transaction is subject to an authorization request that checks the state of the card (blocked, expired, cancelled…).

At the exception of the validation by the service provider of Allmyapps, the information related to your payment will at no time be passed to Allmyapps, who does not keep any data related hereto.

You can keep a record of your payment by printing the summary ticket offered on the Site at the end of the payment stage.

Article 4 – Application Conformity – Right of Withdrawal

4.1 Application Warranty

Allmyapps undertakes that you will be able to download an Application in accordance with your request.

Given the disparity of user software and hardware configurations, Allmyapps warrants that the Application can be downloaded onto your computer but does not provide any further undertakings or offer any further warranty, in particular concerning the successful installation of the Application, its execution, functionalities or its correspondence to your needs.

In case of Application problems, Allmyapps invites you to consult the relevant documentation or to contact the customer service department of the relevant Application editor.

In any case, you acknowledge that the sole undertaking of Allmyapps is to make available the Application that you have ordered and not to provide any guarantee whatsoever or be held liable for any defects in ordered software.

In case of failure of one or more software(s), you expressly acknowledge that only the editor of said software(s) shall be held liable.

4.2 Right of Withdrawal

The service offered to you by Allmyapps consists in allowing you to download and Application and start its installation process. Where the Application may immediately be used as soon as it has been downloaded, you have no right of withdrawal in application of article L121-20-2 of the Consumer Code.

Article 5 – Your Undertakings

Allmyapps services are offered for your personal needs, excluding any and all commercial and/or professional use. If you wish to use Allmyapps services for commercial and/or professional purposes, please contact us in advance.

In the absence of prior written permission from Allmyapps, the following are prohibited:

• Use of robots, spiders, crawlers or other automated procedures for the extraction or review of the Site pages; Giving the impression in any way whatsoever that Allmyapps supports your products or services;
• To insert false or non-relevant information on the Site;
• To publish or to transmit on or via the Site content of an illicit, threatening, humiliating, defamatory, obscene, harassing, pornographic or blasphemous character, or any other message which may constitute a crime or an offense, lead to civil liability, violate applicable legislation or incite violation, or content that may be used for purposes contrary to the law or the present terms of use;
• To use the Site in such a way that, in our opinion, the performance or functionalities of the Site, or any other system or network used by Allmyapps, are negatively affected or that the users of the Site are negatively affected;
• To upload or transmit on the Site or use any and all hardware, software or procedure containing viruses, Trojan horses, worms, time-bombs or other programs and procedures aimed at damaging, interfering with or attempting to interfere with the normal functioning of the Site, or to appropriate the Site or any and all systems, or to use any methods whatsoever to saturate our systems or to violate third party rights.

You are hereby reminded that the Penal Code, articles 323-1 onwards, allows for punishments of up to five (5) years imprisonment and 75 000 Euros in fines, in particular for:

• Fraudulently accessing and remaining … in an automated data processing system;
• The suppression, modification or fraudulent introduction of data into the system;
• The fact of interfering with the system.

Article 6 – Intellectual Property

The Site remains under our exclusive ownership. Allmyapps grants you a free, personal, non-exclusive and non-transferable right to access and use the Site within the limits defined in the GTUs.

Any and all content that is not put on-line by a member of the Site, in particular any and all data, functionality, text, name, designation, image, photograph, graphics, trademarks, sounds, is the exclusive property of Allmyapps or its licensees. The GTUs shall not under any circumstances be interpreted as a transfer of any of the rights of Allmyapps whatsoever. None of these elements may be downloaded, copied, modified, deleted, distributed, transmitted, published, sold, hired, granted or used in any manner whatsoever, without the express, prior and written authorization of Allmyapps or its licensees.

As an exception to the aforementioned, Allmyapps may make available different tools (such as APIs, widgets…) allowing certain uses of Allmyapps content. Within this framework each of these tools shall be subject to its own terms of use and license agreement.

6.1 Your Content

If you are registered on the Site as a member you may put on line different types of content including, in particular, text (commentaries…) and images (screen shots…).

When you put content on-line on the Site you accept that this shall be accessible to all other visitors to the Site. You expressly accept that these visitors shall enjoy, free of charge and in a purely personal capacity, the possibility to visualize and use the contents published on the Site and this for the duration that such content remains on the Site.

You expressly accept that Allmyapps may re-use such content for business purposes, and you undertake, upon simple request by Allmyapps, to surrender all intellectual property rights related to the said contents.

For the duration that your content remains on the Site you authorize Allmyapps to reproduce and represent such content and, where necessary, to carry out any useful modifications thereto for the purposes of using, reproducing or representing such content on the Site.

6.2 Contents of other users

Other Site users may put contents on line. You agree not to access or use such content put on line by other users for any reasons other than purely personal and non-commercial.

If you wish to use the content belonging to other users in accordance with terms other than those detailed in the GTUs, and in particular for any commercial use, you must first obtain all necessary permissions from each and every user concerned.

Article 7 – Liability

Allmyapps undertakes exclusively to comply with all current legal terms applicable in France. No regulations specific to the country of delivery and/or consultation of the Site shall be applied.

You alone are responsible for ensuring that applicable legislation in your country is complied with. And it is up to you to investigate with the relevant local authorities in your country any possible restrictions on the import, export or use of the Application.

The Site is accessible 24 hours/ 24 and 7 days/ 7, subject to closure for maintenance or repair or in case of force majeure or of any other event outside our control. The definition of Force majeure is that applied by French jurisprudence as any and all events which are unforeseeable, uncontrollable and external, including, but not limited to, State or Supranational control in the widest sense, state of war or emergency, fire or strike by a service provider.

You acknowledge the limits of the Internet and methods of electronic communication. Consequently, Allmyapps shall not be held liable for non- availability of the Site or for any difficulties in connecting or for any interruptions in connection during your visits to the Site or when placing an order.

Photos and illustrations proposed on the Site shall not be deemed to be contractual descriptions of the Application characteristics. Application which is delivered may differ from the illustrations portrayed on the Site.

Article 8 – Protection of Personal Information

8.1 Collected data

Upon subscription to the Service on the Site, Allmyapps collects all the data that your are filling in the subscription form.

In order to provide you with the Services, the Allmyapps Software, upon its installation, shall elaborate a list of all software and application that are installed on your electronic communication device.

8.2 Purposes of handling

By registering on the Allmyapps Site, you accept to provide personal information for the following purposes:

• Access to the Service, including the downloading of Applications, and access to the Allmyapps Software;
• Receipt of promotional offers for products and services of a similar nature to those offered by Allmyapps;
• Receipt of targeted advertising, solely through the dedicated spaces within the Allmyapps Software and the Site;
• Receipt of our newsletter.

8.3 Recipients of the personal data

In certain specific circumstances Allmyapps may be required to disclose your personal information, where such information is requested by the judicial authorities.

Your personal information, and in particular e-mail addresses, are not rented, sold, exchanged or shared with any other service providers if you have not expressly accepted to receive promotional offers from other companies likely to be of interest to you.

8.4 Conservation of information

Allmyapps keeps your personal information for the amount of time strictly necessary for the purposes detailed hereinabove. Beyond such time the information shall be kept solely for statistical purposes and do not give rise to any use of any kind whatsoever.

Allmyapps is required to keep information allowing the identification of internauts providing content, and this for the purposes of transmitting such information to the competent authorities upon judicial requisition, to the exclusion of all other third parties, and in accordance with the law.

8.5 Your Rights

All personal information that you provide to Allmyapps is strictly confidential.

Such information is required for the purposes of downloading Applications.

You can access your personal information at any time and update such protected information by using your login name and password.

In accordance with law n°78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, handling of nominal information collected on the Site has been the subject of a declaration at the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority). You have the right to access, modify, rectify or delete your personal information.

To exercise your rights, write to the following address: privacy@alllmyapps.com, giving your name, forenames, address and, where applicable, client number.

8.6 Cookies

The Site uses cookies in order that you do not need to re-enter your log-in name and password at each visit, and to facilitate the placing of orders. You can refuse the cookies by configuring your Internet navigator accordingly.

8.7 Statistical use of anonymous data

For business purposes Allmyapps collects, handles and stocks statistical data on Applications use. This information may be transmitted to third parties, including to Editors in particular to allow them to improve their products.

This user information is anonymous and does not reveal in any way whatsoever your identity, even indirectly.

Article 9 – Miscellaneous

The fact that you or Allmyapps do not exercise any one of your rights under the GTUs shall not be deemed to be a waiver on our part or yours of that right, such waiver being effective only where expressly declared.

Should one or more of the stipulations in the GTUs be held to be invalid by a competent jurisdiction the remaining clauses shall remain valid and enforceable.

Computerized records shall be held in the computer systems of Allmyapps under reasonable secure conditions and shall be considered as proof of exchange, orders and payments made through the Site or by e-mail.

Allmyapps reserves the possibility, within the limits set out by the law, and in particular the terms of article R132-1 of the Consumer Code, to modify the GTUs at any time. Where the general Terms are modified, the amended terms shall be applicable with effect from the date of their publication on the Site. Each use of the Site shall be subject to the GTUs applicable at that time.

The GTUs shall be interpreted in accordance with French law.

Failure to respect any of the terms of the GTUs and, more generally, any difficulties arising from their execution, interpretation or validity, shall be submitted to French jurisdiction.