6 – LIMITATION OF LIABILITY
PIXAGILITY will be responsible for the proper execution of its sales and services, except in the event of force majeure or unforeseen circumstances, according to the provisions in force regarding civil liability.
Pixagility’s liability can only be incurred in the event that it has committed a gross fault, to the exclusion of any other fault that does not have that nature.
Pixagility shall not be liable for the non-performance of any of its contractual obligations if such non-performance is due to an event beyond its control.
7 – INTELLECTUAL PROPERTY AND KNOW-HOW
Pixagility retains ownership of all its know-how, used or made available to the Customer as part of the performance of the service. Pixagility does not grant any intellectual and/or industrial property rights to the Customer, except with the prior written consent of the parties.
The Customer guarantees the PIXAGILITY of any claim or action, of any kind, exercised by a third party, natural person or legal person, due to the content or the nature of the programs broadcast.
8 – CONFIDENTIALITY
Pixagility and the Customer undertake to respect the strictest confidentiality regarding the commercial information, documents, data or concepts that they may become aware of during the performance of the contract.
The Parties shall be accountable for themselves, their employees and servants, for the performance of the obligation of confidentiality.
9 – TERMINATION
In case of serious breach of the performance of its essential obligations by the Customer, Pixagility may terminate the contract, by registered letter with acknowledgement of receipt and after a period of notice of 2 (two) months, without being liable for any compensation, in particular in the event of late payment of all or part of the price.
10 – DISPUTE RESOLUTION
The contractual relations between the Customer and Pixagility are exclusively subject to French law. The parties shall endeavour to do their utmost to resolve any dispute between them arising out of the formation, interpretation or performance of the contract and its consequences. Failing that, the courts of Paris shall have exclusive jurisdiction.