WIPERSOFT END USER LICENSE AGREEMENT
IMPORTANT LEGAL NOTICE TO ALL USERS AND/OR POTENTIAL USERS: READ CAREFULLY THE FOLLOWING LEGAL AGREEMENT BEFORE YOU INSTALL AND/OR START USING THE SOFTWARE.
BY CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW OR BY ENTERING CORRESPONDING SYMBOL(-S) YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUCH ACTION IS CONSIDERED BEING A SYMBOL OF YOUR SIGNATURE AND YOUR CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT, ALSO AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IN CASE YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CANCEL THE INSTALLATION OF THE SOFTWARE AND/OR DO NOT INSTALL THE SOFTWARE.
AFTER CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW OR AFTER ENTERING CORRESPONDING SYMBOL(-S) YOU HAVE THE RIGHT TO USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.1. Software means software including any Updates and related materials.
1.2. Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means WiperSoft, a company incorporated according to the laws of the EU and USA.
1.3. Computer(s) means hardware, including personal computers, laptops, workstations, personal digital assistants, “smart phones”, handheld devices, or other electronic devices for which the Software was designed where the Software will be installed and/or used.
1.4. End User (You/Your) means individual(s) installing or using the Software on their own behalf or who are legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, “You” further means the organization for which the Software is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term “organization”, without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
1.5. Partner(s) means organizations or individual(s) who distribute the Software based on an agreement and license with the Rightholder.
1.6. Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs, etc.
1.7. User Manual means user manual, administrator guide, reference book and related explanatory or other materials. The on-line version of the User Manual is available on the Rightholder’s website: www.wipersoft.com and may be updated when necessary.
1.8. Web-Portal means services provided by the Rightholder and used for management of the installed Software and granted Licenses, as well as to obtain and/or store information obtained from the Software and for contacting technical support.
1.9. “Permitted Number” means the number of computers that can install and use a copy of the WiperSoft Software, and such number is one (1) by default unless otherwise indicated under a valid license (e.g., a volume license) specifically negotiated and granted by WiperSoft.
2. Grant of License
2.1. You are given a non-exclusive license to store, load, install, execute, and display (to “use”) the Software on a specified number of Computers in order to assist in protecting Your Computer on which the Software is installed, from threats described in the User Manual, according to all technical requirements described in the User Manual and according to the terms and conditions of this Agreement (the “License”) and You accept this License:
(a) Free Trial Version. If You have received, downloaded and/or installed a free trial version of the Software and are hereby granted an evaluation license for the Software, You may use the Software only for internal noncommercial purposes, solely to evaluate the suitability of the Software for Your needs and only during the single applicable evaluation period, unless otherwise indicated, from the date of the initial installation. Any use of the Software for other purposes or beyond the applicable evaluation period is strictly prohibited;
(b) Multiple-Environment Software;
(c) Multiple-Language Software;
(d) Dual-Media Software;
(e) Multiple Copies;
If You use different versions of the Software or different language editions of the Software, if You receive the Software on multiple media, if You otherwise receive multiple copies of the Software, or if You received the Software bundled with other software, the total permitted number of Your Computers on which all versions of the Software are installed shall correspond to the number of computers specified in licenses You have obtained from the Rightholder provided that, unless the licensing terms provide otherwise, each acquired license entitles You to install and use the Software on such number of Computer(s) as specified in Clauses 2.2 and 2.3.
2.2. You have the right to make a copy of the Software solely for backup purposes and only to replace the legally owned copy if such copy is lost, destroyed or becomes unusable. This backup copy cannot be used for other purposes and must be destroyed when You lose the right to use the Software or when Your license expires or is terminated for any other reason according to the legislation in force in the country of Your principal residence or in the country where You are using the Software.
2.3. You can transfer the non-exclusive license to use the Software to other individuals within the scope of the license granted by the Rightholder to You, provided that the recipient agrees to be bound by all the terms and conditions of this Agreement and to replace You in full in the license granted by the Rightholder. In case You fully transfer the rights granted from the Rightholder to use the Software You must uninstall and/or destroy all copies of the Software, including the backup copy. If You are a recipient of a transferred license You must agree to abide by all the terms and conditions of this Agreement. If You do not agree to be bound by all the terms and conditions of this Agreement, You should not install and/or use the Software. As the recipient of a transferred license You also agree that You do not have any additional or better rights than those of the original End User who acquired the Software from the Rightholder.
2.4. Upon acceptance of this Agreement, You may obtain one or more license keys by paying the requisite license fees, using the procedure set forth in Clause 10 of the Agreement. To use the Software You may need to register on the Web-Portal.
2.5. From the moment of the Software activation or after license key file installation (with the exception of a trial version of the Software) You have the right to receive the following services for the defined period specified on the Software package (if the Software was acquired on a physical medium) or specified during acquisition (if the Software was acquired via the Internet):
(a) Updates of the Software via the Internet when and as the Rightholder publishes them on its website or through other online services. Аny Updates that You may receive become part of the Software and the terms and conditions of this Agreement apply to them;
(b) Technical Support via the Internet;
(c) Access to information and auxiliary resources of the.
3. Activation and Term
3.1. If You modify Your Computer or make changes to other Rightholder’ software installed on it, You may be required by the Rightholder to repeat activation of the Software or license key file installation, the count of which may be limited by the Rightholder.
3.2. If the Software was acquired on a physical medium, the Software can be used, upon Your acceptance of this Agreement, for the period that is specified on the package commencing upon acceptance of this Agreement.
3.3. If the Software was received/acquired via the Internet, the Software can be used, upon Your acceptance of this Agreement, for the period that was specified during acquisition.
3.4. If the Software was acquired on a physical medium intended for prolongation of the right to use previously acquired Software, You can repeat activation of the Software only if the activation code for previously acquired Software is present. In the absence of this activation code, the period of effective use of the Software will be limited according to the information specified on the Software package.
3.5. Term-based licenses terminate upon the expiration of the prepaid term, unless You have paid all applicable fees to extend the term. License fees for term-based licenses are due prior to the commencement of the applicable term.
3.6. Your License to Use the Software is limited to the period of time as specified in Clauses 3.2. or 3.3. (as applicable) and shall not exceed the term specified in Clause 3.5. The remaining period can be viewed via the means described in the User Manual. At the end of the validity of the license, the Software may be automatically deactivated and entered into an inactive state or continue working with limited functionality.
3.7. If You have acquired Software that is intended to be used on more than one Computer then Your License to Use the Software is limited to the period of time starting from the date of activation of the Software or license key file installation on the first Computer.
3.8. Some types of software may allow the Rightholder the ability to migrate away from their current software. The duration of the license granted and the number of protected computers may be changed according to the applicable Rightholder rules. Once transition between Software has been completed, it is impossible to return to the previous Software and licensing conditions.
3.9. Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the event of any breach by You of any of the terms and conditions of this Agreement, the Rightholder shall at any time without notice to You be entitled to terminate this License to use the Software without refunding the purchase price or any part thereof.
3.10. You agree that in using the Software and in using any report or information derived as a result of using this Software, You will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright, export control and obscenity law.
3.11. Except as otherwise specifically provided herein, You may not transfer or assign any of the rights granted to You under this Agreement or any of Your obligations pursuant hereto.
3.12. To check the legitimacy of the Software use the Rightholder reserves the right to use means to verify that You have licensed copy of the Software. The Software can transmit Rightholder license information needed to verify the legitimacy of the Software use. If the license verification cannot be performed for a certain period of time specified in the User Manual, the Software will start working with limited functionality.
4. Technical Support
4.1. The Technical Support is provided to You when the latest Update of the Software is installed (except for a trial version of the Software) in accordance with the Technical Support rules.
4.2. User’s Data, specified on Web-portal, can be used by Technical Support specialists only when processing User requests.
5. Information Collection
5.1. You agree to automatically provide the following information for the specified purposes:
5.1.1. To increase the level of operational protection You agree to automatically provide information about the checksums and formats of files processed (MD5, SHA 256), the scan date and time, identifiers of the versions of software configurations, scan result and trust source, system volume file system type and indication of processed file on system volume, information to determine the reputation of URL, (including the URL at which the reputation is being requested, the URL of the page from which the scanned URL was received, the connection’s protocol identifier, and the number of the port being used), statistics on usage of the Software notifications, spam statistics, information about activation and the version of the Software, (including the unique identifier of the Computer with the installed Software), information about the types of threats detected, the identifier of the detected threat in the threat database, the name of the threat according to the Rightholder’s classification, the identifier of the scan task that detected the threat, the version of the emulator component, and its settings) ,as well as the digital certificates used and information necessary to verify their authenticity.
5.1.2. To generate the most appropriate informational and advertising offerings, You agree to provide information about the Computer using the product’s license and its settings, including the word size, type, and version of the operating system installed on the Computer, the unique identifier of the Computer on which the Software is installed, the User’s unique identifier in the Rightholder’s services, the unique identifier of the hard drive (HDD) of the Computer on which software is installed, the type, version, and locale of the installed Software, the Software installer’s identifier, information about the licensed being used (including the license type, duration, activation date and expiration date, license identifier, and information about the User’s purchase of the license), information about the registration of the license and the Software’s connection to the Rightholder’s services. Additionally, the following information will be provided: information about the type of operation performed by the User with the indicated offering, the offering’s identifier, the identifier of the link in the offering, the date and time the offering was shown, the number of days until the license expires, and the number of days from the activation of the license until the offering was shown.
5.1.3. To identify and correct errors related to the installation, removal, and updating of the product, and to track the number of users, You agree to provide information about the date the Software was installed and activated on the computer. The installed Software (including the version of the installed Software update), the Software’s locale, the name and type of the Software, the type of license installed and its duration, the identifier of the partner from which the license was purchased, the serial number of the license, the type of installation on the Computer (original installation, update, etc.)
5.2. The information being transferred does not contain any of the User’s personal or other confidential information. The information received by the Rightholder is protected in accordance with established legal requirements.
5.3. You further acknowledge and agree that any information gathered by Rightholder can be used to track and publish reports on security risk trends in the Rightholder’s sole and exclusive discretion.
5.4. The Software does not process any personally identifiable data and does not combine the processed data with any personal information. If You do not wish for the information collected by the Software to be sent to the Rightholder, You should not activate and/or de-activate Wipersoft tool.
6.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse-engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waiverable right granted to You by applicable legislation, and You shall not otherwise reduce any part of the Software to human-readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither the Software’s binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any such unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against You.
6.2. You shall not transfer the rights to use the Software to any third party, unless otherwise provided by this Agreement.
6.3. You shall not provide the activation code and/or license key file to third parties or allow third parties access to the activation code and/or license key, which are deemed confidential data of Rightholder and You shall exercise reasonable care in protecting the activation code and/or license key in confidence provided that You can transfer the activation code and/or license key to third parties.
6.4. You shall not rent, lease or lend the Software to any third party.
6.5. You shall not use the Software in the creation of data or software used for detection, blocking or treating threats described in the User Manual.
6.6. The Rightholder has the right to block the license to use the Software in the event You breach any of the terms and conditions of this Agreement and without any refund to You.
6.7. If You are using the trial version of the Software You do not have the right to receive the Technical Support specified in Clause 4 of this Agreement and You do not have the right to transfer the license or the rights to use the Software to any third party.
7. Limited Warranty and Disclaimer
7.1 The Rightholder guarantees Software operation according to the User Manual provided using supported versions of the Software unless otherwise specified in the license agreement.
7.2 You agree that the Software is provided with an enabled automatic update option which provides automatic downloading and installation of improvements, fixes, enhancements and/or modifications of the Software and its components, including new versions of the Software. This option can be switched off in the Software settings.
7.3 If a Software update includes substantial changes to the interface that apply to the collection and processing of User’s data, include changes in current license agreement, and also include substantial changes in the Software functionality, You have the right to refuse such updates and continue using the current version of the Software until expiration.
7.4. You agree that if needed the Software automatically downloads extensions for web browsers, which are necessary to ensure basic security functionality of the licensed Software.
7.5. You acknowledge, accept and agree that no software is error-free and You are advised to back up the Computer with the frequency and reliability suitable for You.
7.6. The Rightholder does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this Agreement.
7.7. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Clause 2.5 of this Agreement.
7.8. The Rightholder does not guarantee protection from the threats described in the User Manual after the expiration of the period specified in Clauses 3.2 or 3.3 of this Agreement or after the License to use the Software is terminated for any reason.
7.9. The Rightholder does not guarantee that the Software will work correctly.
7.10. THE SOFTWARE IS PROVIDED “AS IS” AND THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.
8. Exclusion and Limitation of Liability
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE).
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
9. Intellectual Property Ownership
You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software are proprietary intellectual property and/or the valuable trade secrets of the Rightholder or its partners and that the Rightholder and its partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the European Union and the United States, as well as other countries and international treaties. This Agreement does not grant You any rights to the intellectual property, including any Trademarks or Service Marks of the Rightholder and/or its partners (“Trademarks”). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner’s name. Such use of any Trademark does not give You any rights of ownership in that Trademark. The Rightholder and/or its partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Rightholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to You any title to the intellectual property in the Software, and You will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this Agreement does not grant You any intellectual property rights in the Software and You acknowledge that the License, as further defined herein, granted under this Agreement only provides You with a right of limited use under the terms and conditions of this Agreement. Rightholder reserves all rights not expressly granted to You in this Agreement.
9.2. You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.
After You purchase WiperSoft, Your account will automatically be set up for a six month biannual automatic billing. In order to cancel the automatic billing option, You can:
(a) contact us (at the following URL: www.wipersoft.com/contact-us/) and request to cancel the automatic billing;
(b) contact our payment processor SafeCart at 1-855-432-0727;
(c) or send an email to SafeCart at firstname.lastname@example.org.
10.2. If You opt-out of the automatic billing option, You will not be charged for the continued service, once Your account expires. If You decide to renew the continued service, You will have to renew Your account. If You choose to remain on the automatic billing, we will renew Your account automatically at the end of Your subscription and bill Your credit card accordingly.
11. CONTENT UPDATES
11.1. WiperSoft is regularly updated (including but not limited to the following:
(a) the WiperSoft Software;
(b) the malware definitions and signatures Database;
(c) updated URL lists;
(d) other blacklist and whitelist Databases.
11.2. These updates are collectively referred to as “CONTENT UPDATES”). You have the right to receive Content Updates for the duration of Your subscription, i.e. six (6) months after You purchase the license. WiperSoft may create a new version of the software or a Content Update that is new or significantly different, in which case You will be required to make a separate purchase of the subscription to access such Content Update. In such event, You will still have access to other Content Updates that will allow full benefit from Your six-month license. This License does not otherwise permit the Licensee to obtain or use Content Updates.
12. REFUND POLICY
12.1. In order to request a refund from purchases made at WiperSoft’s purchase page (via online download or on CD), You must contact our payment processor SafeCart. WiperSoft has authorized SafeCart to process all refund requests that come from our subscribers. You must comply with the following guidelines and commence the refund request within 30 days from the purchase date in accordance with our policy below. WiperSoft has also authorized SafeCart to provide refunds outside the 30 day period, when to do so is required by law.
12.2. All refund requests must be made to SafeCart within 30 days of the date WiperSoft and SafeCart have first made the software available to You for download (the “Purchase Date”). You can make the refund request by contacting SafeCart at 1-855-432-0727 or by emailing SafeCart at email@example.com. WiperSoft and SafeCart will also provide You with a refund, where to do so is required by law.
12.3. WiperSoft is not responsible for lost or misdirected emails, delays in downloading, or other delays in communication system.
12.4. You must provide WiperSoft and/or SafeCart with sufficient information to be able to identify the transaction, including Your order number and/or Your email address and/or the date of transaction provided to You when the download was ordered.
12.5. WiperSoft and SafeCart will only refund the amount paid for the software and the appropriate taxes charged with that order. WiperSoft will not refund any shipping or handling charges that may be charged to You in respect of the return of the CD to SafeCart.
12.6. Refunds will be made in the same manner as the product was purchased. For example, if You purchased the software by PayPal, WiperSoft will send You the refund to Your PayPal account. If You made the purchase by credit card, WiperSoft will credit Your credit card account.
13. Governing Law
13.1. This Agreement shall be governed by and construed in accordance the EU laws, specifically the laws of the Republic of Lithuania, regardless the country or territory in which You obtained the Software, without reference to or application of conflicts of laws principles.
13.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this Agreement is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if You are an individual consumer, the provisions of Clause 13.1. shall not affect any mandatory right You may have to take action in Your country of residence under the laws of that country.
13.3. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
13.4. You are responsible for contacting only the Rightholder or its partners directly if having any problems with the Software.
13.5. The permanent arbitral institution (Vilnius court of commercial arbitration) shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement. To the maximum extent permitted by law, You hereby consent to the jurisdiction and venue of aforementioned court and waive any objections to the jurisdiction or venue of mentioned court.
13.6. No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
14. Termination and Defensive Suspension
14.1. The Rightholder may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by the Rightholder. Upon the termination of this Agreement, You shall cease all use of the Software and uninstall it.
14.2. If You commence or participate in any legal proceeding against the Rightholder, the Rightholder may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this Agreement during the pendency of such legal proceedings.
15. Entire Agreement, Severability, No Waiver
15.1. This Agreement is the entire agreement between You and Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to the subject matter of this Agreement. You acknowledge that You have read this Agreement, clearly and unambiguously understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by You and an authorized representative of Rightholder provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Rightholder’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
16. Rightholder Contact Information
Should You have any questions concerning this Agreement, or if You desire to contact the Rightholder for any reason, please contact our Customer Service Department at:
Web site: www.wipersoft.com
© 2017 WiperSoft. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.