General Terms of purchase of exploitation rights
Inserm offers internet users visiting the site www.serimedis.inserm.fr the possibility to purchase, on a non exclusive basis, the rights to exploit scientific images and videograms (originals) present on the www.serimedis.inserm.fr site and identified as being subject to such purchase. These images and videograms are hereafter designated as “Images”.
The present General Terms (hereafter designated “General Terms”) apply to all cessions of exploitation rights granted by Inserm for the images displayed on the www.serimedis.inserm.fr site.
The General Terms are supplemented by Specific Conditions (hereafter designated “Specific Conditions”), which detail the Specific Conditions that apply for the purchase of exploitation rights. As stipulated in the French Code of Intellectual Property, the Specific Conditions are defined by mutual agreement between Inserm and the corporate body or natural person (hereafter designated “beneficiary”) who wish to purchase exploitation rights on images. The selected images, defined as the images selected by the beneficiary among the images, are listed in the Specific Conditions.
The General Terms and Specific Conditions are presented in the French language, including in the case of purchase of exploitation rights by a foreign user, as stipulated by Law n°94-665 of 4 August 1994.
The beneficiary selects the images from the Serimedis image bank managed by Inserm. Inserm assists the beneficiary in the choice of scientific images by answering the beneficiary's questions and validating his/her/its choice.
Cession is granted by Inserm within the limits detailed under General Terms and Specific Conditions, solely for the beneficiary, who renounces the right to hand over to a third party, whether free of charge or for a fee, the exploitation rights that he/she/it holds for the selected images.
Inserm reserves the right to refuse the cession of exploitation rights to a third party if the use of the ceded exploitation rights is likely to damage Inserm's image, jeopardize its interests, be contrary to its publishing policy or aim to develop or fuel a polemic on Inserm research subjects in spite of the fact that this research complies with current laws and regulations.
The beneficiary renounces making any use of the ceded rights that is contrary to current laws and regulations whether in France, Europe or the rest of the world. The beneficiary shall maintain Inserm clear of any litigation resulting from the use of the exploitation rights so ceded. Consequently, Inserm will refuse any cession of exploitation rights if the beneficiary uses the exploitation rights ceded in such a way as to potentially undermine French, European or international laws and regulations.
In case of litigation with a beneficiary, in particular concerning payment and failure to respect intellectual property, stipulations relative to confidentiality, the present General Terms or Specific Conditions, Inserm reserves the right to refuse any new cession of exploitation rights to this beneficiary with the latter having no right to claim for any compensation whatsoever, for whatever reason.
The present General Terms do not apply to cessions subject to specific regulations provided for by the French Code of Intellectual Property and publishing contracts in particular. For such uses, the person designated in paragraph “contact and notification” must be contacted.
Cession of adaptation rights for selected images is limited to reframing, only for the purpose of page layout.
Modalities of cession of exploitation rights
The cession of exploitation rights takes effect as from the time of acceptance of the General Terms and Specific Conditions, and effective payment by the beneficiary to Inserm's accounting officer.
Acceptance of the General Terms and Specific Conditions will be subject to confirmation when proceeding to the cession of exploitation rights. The said cession is subject to the beneficiary's acceptance, without reservation, of the General Terms and Specific Conditions.
The data recorded by Inserm on the www.serimedis.inserm.fr site as well as electronic mail communication and exchange of paper documents constitute proof of all the transactions carried out by Inserm with the user or beneficiary.
Modalities of transfer of the selected images
The modalities of transfer of the selected images are specified in the Specific Conditions. They can in particular be transferred by downloading from the www.serimedis.inserm.fr site.
The beneficiary guarantees that each of the used selected images will be accompanied by:
- The name of their author,
- Inserm's name or logo.
Payment and terms of payment
The cost of cession of exploitation rights associated with the images is given in Euros excluding taxes. All orders, whatever their source, are to be paid in Euros. Inserm reserves the right to modify its prices at any time but the images will be invoiced at the price listed at the time the order was registered by Inserm.
Payment of the cession fee will be made by bank transfer to Inserm's account, opened in the name of the Accounting Officer. The beneficiary is the sole person responsible for proper completion of the bank transfer. Any charges resulting from the payment and bank transfer, including currency exchange fees, are the beneficiary's responsibility. The payment will be deemed effective as of the time it is entered by Inserm's accounting officer.
Inserm's bank details will be provided to the beneficiary when setting the Specific Conditions for the order. These bank details constitute confidential information; the beneficiary renounces making any use whatsoever of such details for purposes other than that strictly necessary for the payment resulting from the purchase of rights on the images.
The fee to be paid by the beneficiary will be specified in the Specific Conditions.
The images are available and the prices valid as long as they are visible on the site.
Contact and notification
For further information or questions, please e-mail the contacts shown on the website.
Any notification related to the cession of exploitation rights for images must be addressed in writing by registered mail with receipt acknowledgement to:
Département de l'Information Scientifique et de la Communication
101, rue de Tolbiac
75654 Paris CEDEX 13
Inserm declares being the holder of the rights of representation and exploitation for the images and the selected images. Inserm will guarantee enjoyment of the ceded rights by the beneficiary against any disturbance, eviction or claim. Inserm declares in particular that the images and selected images contain no reproductions of photographs or illustrations likely to engage the responsibility of the beneficiary with respect to a third party.
Inserm guarantees that all the information collected that might allow identification of www.serimedis.inserm.fr site users and beneficiaries making purchases is considered confidential information.
Protection of private life
Unless the beneficiary requests otherwise, Inserm reserves the right to be able to use the beneficiary's personal data in order to inform him/her/it by mail about the new services available on the www.serimedis.inserm.fr site. Such information is destined for the beneficiary and should not be divulged to a third party. The beneficiary will be held responsible for any unauthorized use, of which he/she/it might be the source, of this information considered confidential. The beneficiary can refuse to continue receiving this information at any time by sending an e-mail to the address provided in the site.
Totality of the agreement
The General Terms and Specific Conditions constitute the agreement for the cession of exploitation rights and represent the totality of the agreement between Inserm and the beneficiary with respect to the cession of exploitation rights for the selected images.
Inserm reserves the right to modify without prior notice the present General Terms. Such modifications do not affect the cessions of rights granted prior to the modifications.
In order to be valid and opposable, any modification of the Specific Conditions must be agreed to by Inserm and the beneficiary and be the object of an amendment to the present agreement.
The General Terms and Specific Conditions represent the totality of the volition of Inserm and the beneficiary. Should difficulties arise regarding the interpretation of the Specific Conditions with respect to the General Terms, the stipulations in the General Terms will prevail over those in the Specific Conditions.
The General Terms and Specific Conditions, all actions and operations by virtue of the present conditions as well as the rights and obligations of the parties with respect to the present conditions will be governed and interpreted in compliance with French legislation. The French jurisdiction is competent to know the present General Terms and Specific Conditions.
In case of total or partial non compliance, or defective compliance by one of the two parties to one of its obligations, the present agreement can by full right be terminated by the other party. Termination can only intervene sixty days after sending formal notice addressed by registered mail with receipt acknowledgement or by bailiff action on the faulty party, unless the faulty party has, during that time, honored its obligations or brought proof of an impediment consecutive to a case of force majeure.
In case of termination, the beneficiary shall relinquish all use of the images and selected images, as of the effective date of termination.
In case of litigation relative to the interpretation or execution of the present General Terms and Specific Conditions between Inserm and the beneficiary, Inserm and the beneficiary agree to find an amicable solution to such litigation. Should an amicable solution not be found within 60 days from the time of notification of the disagreement, the litigation will be brought before the relevant Paris tribunal.
Autonomy of the contract clauses
Should one clause, whichever it is, of the General Terms or Specific Conditions be known to be inapplicable by virtue of the current legislation, Inserm and the beneficiary agree to renegotiate in good faith such General Terms or Specific Conditions in order to preserve the general economy of their relationship. Failing the reaching of an agreement within 30 days as of the date of notification of this inapplicability, the present agreement comprising General Terms and Specific Conditions will be terminated as of right.
Inserm will not be responsible for any failure or delay in meeting its obligations as stipulated in the General Terms and Specific Conditions, if such failure or delay results from causes independent of its volition, including without limitation cases of force majeure, acts of civilian or military authorities, fires, floods, earthquakes, riots, wars, acts of sabotage, network failures, electronic file coding errors, software limitations, incapacity to obtain telecommunication services or governmental measures, as long however as both parties concerned take all reasonable measures to attenuate the effects resulting from the said situations.