IMPORTANT: Before downloading, installing, copying or using the product, please read the following terms of use. BY DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF USE AND ACCEPT THE PRIVACY POLICY.
This End User License Agreement (the "Agreement") between 0x101 Cyber Security, located in 50171 Kerpen, Burggasse 3c, North Rhine-Westphalia, Germany (hereinafter "0x101 Cyber Security" or "Provider") and you, an individual or legal entity ("you" or the "End User"), authorizes you to use the Software defined in Section 1 of this Agreement. The Software defined in Section 1 of this Agreement may be stored on a data carrier, sent by e-mail, downloaded from the Internet or from the Provider's servers or obtained in any other way under the conditions set out below.
THIS DOCUMENT IS NOT A PURCHASE AGREEMENT, BUT AN AGREEMENT ON THE RIGHTS OF THE END USER. Vendor retains ownership of the copy of the Software and, if any, the physical medium on which the Software is available for sale, as well as all copies of the Software that End User is authorized to make under the terms of this Agreement.
By clicking the "I Agree" or "I Agree..." button when installing, downloading, copying or using the Software, you agree to be bound by the terms and conditions of this Agreement. If you do not agree with any of the terms of this agreement, click on the "Decline" or "I do not agree" button. Cancel the download or installation of the software, destroy or return the software, the installation media, the accompanying documentation and the proof of purchase to the provider or to the place where you purchased the software.
BY USING THE SOFTWARE, YOU INDICATE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1. Software. In this Agreement, "Software" means: (i) the computer program supplied with this Agreement and all of its components; (ii) all contents of the disks, CD-ROMs, DVDs, emails and attachments or other media to which this Agreement is attached, including the object code form of the Software provided on a disk, in an email or by downloading from the Internet; (iii) all related explanatory written documents and other documentation relating to the Software, including, without limitation, descriptions of the Software and its specifications, any description of the Software features or functions, descriptions of the operating environment in which the Software is used, instructions for installation and use of the Software ("Documentation"); (iv) copies of the Software, patches for possible Software errors, additions to the Software, enhancements to the Software, modified versions and updates of the Software components, if any, the use of which is granted by Provider pursuant to Article 3 of this Agreement. The Software is delivered exclusively in the form of executable object code.
2. Installation, computer and a license key. The software provided on a data carrier, sent by e-mail, downloaded from the Internet or from the provider's servers or obtained by other means must be installed. You must install the software on a correctly configured computer that meets the minimum requirements specified in the documentation. The installation method is described in the documentation. There must be no computer program or hardware on the computer on which you install the software that could have a negative effect on the software. The term "computer" extends to hardware including, but not limited to, personal computers, laptops, workstations, palmtop computers, smartphones, portable electronic devices or other electronic devices for which the Software was developed and on which the Software is installed and/or eing0x101 Cyber Security. The term "License Key" means the unique sequence of symbols, letters and numbers provided to the End User to enable the legal use of the Software in the respective version or the renewal of the license in accordance with this Agreement.
3. License. Subject to your acceptance of this Agreement and your compliance with all of its terms and conditions, Provider grants you the following rights (the "License"):
(a) Installation and Use. You are granted the non-exclusive and non-transferable right to install the Software on the hard disk of a computer or similar medium for permanent data storage, to store the Software in the memory of a computer, and to implement, store and display the Software on computers.
b) Number of licenses. The right to use the Software is limited by the number of end users. An "End User" means: (i) the installation of the Software on a computer; if the scope of a license is based on the number of mailboxes, an End User is (ii) a computer user who receives email through an email program. If the e-mail program receives e-mail and then automatically forwards it to multiple users, the number of end users is based on the actual number of users to whom e-mail messages are sent in this way. If a mail server performs the function of an email gateway, the number of end users corresponds to the number of mail servers for which this gateway provides services. If multiple email addresses (e.g. through aliases) are used by a user and only one user receives email via these addresses, while no email messages are automatically distributed to multiple users on the client side, only one license is required for one computer. Simultaneous use of the same license on multiple computers is prohibited. The end user may only enter the license key for the software to the extent that he has purchased the corresponding number of licenses to use the software from the provider. The license key is confidential, and the license may not be shared with or used by third parties except as permitted in this Agreement or by Provider. Notify Provider immediately if your license key has been compromised.
c) License Term. Your right to use the Software is limited in time.
d) OEM Software. OEM software may only be used on the computer with which you received it. Transfer to another computer is not permitted.
e) Software not intended for resale and trial versions. Software that is not for resale ("not for resale", NFR) or provided as a trial version may not be sold, but may only be used to demonstrate or test the software functions.
f) Expiration and termination of the license. The license expires automatically at the end of the respective license period. If you violate any of your obligations under this agreement, the provider is entitled to terminate the agreement extraordinarily and, if necessary, to assert any further claims by legal action. Upon expiration or termination of the license, you must immediately delete or destroy the software and, if applicable, all backup copies or return them at your own expense to 0X101 CYBER SECURITY or the store where you purchased the software. Upon expiration or termination of the license, the Provider shall be entitled to withdraw the End User's right to use the Software functions that require a connection to the Provider's servers or to third-party servers.
4. Functions with data collection and internet connection requirements. For proper operation, the Software requires an Internet connection and must be able to connect to the Provider's servers, third party servers and corresponding data collections at regular intervals in accordance with the Privacy Policy. The connection to the Internet and the corresponding data collections is required for the following functions of the Software:
(a) Software updates. The Provider has the right to provide updates to the Software ("Updates") from time to time, but is under no obligation to do so. This function is activated in the default settings of the Software. The updates are therefore installed automatically. To provide updates, the authenticity of the license must be verified. This includes information about the computer and/or platform on which the software was installed, in accordance with the Privacy Policy.
For the purposes set out in this Agreement, data is collected, processed and stored that allows the Provider to identify you in accordance with the Privacy Policy. For the purposes set out in this Agreement, data is collected, processed and stored that allows the Provider to identify you in accordance with the Privacy Policy. You agree that the Provider may use its own means to verify that you are using the Software in accordance with the terms of this Agreement. You acknowledge that, for the purposes set out in this Agreement, it is necessary for your data to be transferred between the Software and the Provider's computer systems or those of its business partners within the Provider's distribution and distribution network in order to protect the functionality of the Software and the authorization to use it, as well as the Provider's rights.
By entering into this Agreement, you also consent to the transfer, processing and storage of your personal data by the Provider or its business partners to the extent that such use is necessary for billing and fulfillment of this Agreement and for the transfer of notifications to your computer. You agree to receive notifications and messages, including, but not limited to, marketing information.
Details on privacy, protection of personal data and your rights as a data subject can be found in the privacy policy on the provider's website or directly during the installation process. You can also find this information in the help section of the software.
5. Exercise the rights of the end user. You must exercise your rights as an end user yourself or, if applicable, via your employees. You may only use the Software to ensure the operability and protection of the computers for which you have purchased a license.
6. Restrictions on rights. It is prohibited to copy, distribute or divide the software. Furthermore, no derived versions may be created. The following restrictions apply to the use of the software:a) You may make one copy of the Software on a medium for permanent storage as a backup copy, provided that the backup copies are not installed or used on another computer. Making any other copy of the Software is a breach of this Agreement.
b) Any use, modification, translation or reproduction of the software or the granting of rights to use the software or copies of the software that deviates from the provisions of this agreement is prohibited.
c) The software may not be sold, sublicensed or rented to other persons. Likewise, the software may not be rented by another person, lent to another person or used for the commercial provision of services.
d) The source code of the software may not be analyzed by reverse engineering, decompiled or disassembled or obtained in any other way, unless such a restriction expressly contradicts statutory provisions.
e) You undertake to use the software only in accordance with all legal provisions applicable at the place of use, in particular in accordance with the restrictions arising from copyright and other intellectual property rights.
f) You undertake to use the software and its functions only in such a way that the access of other end users to the relevant services is not restricted. The Provider reserves the right to restrict the scope of services to individual end users so that the services can be used by as many end users as possible. This may also mean that the use of any software functions is completely blocked and that data and information in connection with certain functions of the software are deleted from the Provider's servers or those of third parties.
g) You hereby undertake not to carry out any activities in connection with the license key that contradict the provisions of this agreement or that result in the license key being passed on to unauthorized persons, e.g. through the transfer of used or unused license keys in any form or the unauthorized distribution of duplicated or generated license keys or the use of the software in connection with a license key that was obtained from a source other than directly from the provider.
7 Copyright. The software and all rights, including the legal title and intellectual property rights thereto, are the property of 0X101 CYBER SECURITY and/or its licensors. They are protected by the provisions of international treaties and all other applicable laws of the country in which the software is used. The structure, distribution and code of the Software are trade secrets and confidential information of 0X101 CYBER SECURITY and/or its licensors. The Software may not be copied except as provided in Section 6(a). All copies permitted under this Agreement must contain the same copyright and ownership notices as the original Software. If you reverse-engineer, decompile or disassemble source code or attempt to obtain source code by any other means in violation of the terms of this Agreement, all information so obtained shall automatically, irrevocably and immediately become the property of Vendor. Furthermore, in this case the provider is entitled to assert any further claims arising from your breach of this agreement.
8 Reservation of rights. With the exception of the rights expressly granted to you as the end user of the Software in this Agreement, the Provider reserves all rights to the Software.
9. Versions in different languages/on multiple data carriers, multiple copies. If the Software supports multiple platforms or languages, or if you have received multiple copies of the Software, the Software may only be used on the number of computers and only in the versions for which you have purchased a license. No versions or copies of the Software that are not used by you may be sold, rented, sublicensed, lent or transferred to other persons.
10. Commencement and period of validity of the agreement. This Agreement shall enter into force on the date on which you agree to its terms. You may terminate this Agreement at any time by permanently deleting, destroying or returning at your own expense the Software, all backup copies and, if any, all related materials provided by Vendor or its business partners. Regardless of the term of this Agreement and the manner of its expiration or termination, the provisions of Sections 7, 8, 11, 13, 19 and 21 shall survive indefinitely.
11. END USER'S EXPRESS REPRESENTATIONS. AS AN END USER, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER NOR ITS LICENSORS OR RIGHTS HOLDERS MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER THIRD PARTY RIGHTS. THERE IS NO WARRANTY ON THE PART OF THE PROVIDER OR THIRD PARTIES THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION AND USE OF THE SOFTWARE AND THE RESULTS OBTAINED THEREFROM.
12. No further obligations. No further obligations arise for the provider and its licensors from this agreement other than those explicitly listed.
13. DISCLAIMER OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER, ITS EMPLOYEES AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR SALES. FURTHER EXCLUDED FROM LIABILITY ARE LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PARTS OR SERVICES, DAMAGE TO PROPERTY, PERSONAL INJURY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND ANY OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE. BECAUSE CERTAIN JURISDICTIONS AND LAWS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW THE LIMITATION OF LIABILITY, THE LIABILITY OF PROVIDER, ITS EMPLOYEES AND LICENSORS IS LIMITED TO THE PRICE PAID FOR THE LICENSE.
14. Statutory consumer rights take precedence over the provisions of this agreement in the event of a conflict.
15. Technical support. 0X101 CYBER SECURITY or the third parties commissioned by 0X101 CYBER SECURITY shall provide any technical support exclusively at its own discretion and without any representations or warranties in this respect. End users are obliged to make a backup copy of all existing data, software applications and other programs before using support services. 0X101 CYBER SECURITY or the third parties commissioned by 0X101 CYBER SECURITY assume no liability for loss of data, damage to property or assets (in particular damage to software and hardware) or loss of profits as a result of the provision of support services. 0X101 CYBER SECURITY or the third parties commissioned by 0X101 CYBER SECURITY do not guarantee that a specific problem can be solved by means of technical support and reserve the right to stop working on a problem if necessary. 0X101 CYBER SECURITY reserves the right, at its own discretion, to temporarily suspend the provision of support services, to discontinue them altogether or to refuse them in specific individual cases. The provision of technical support may require license information, information and other data in accordance with the Privacy Policy.
16. Transfer of the license. The Software may be transferred from one computer system to another, provided that no provisions of this Agreement are violated. Except as otherwise provided in this Agreement, End User may transfer the License and all rights under this Agreement to another End User, subject to Vendor's consent and the following conditions: (i) The original End User may not retain any copies of the Software. (ii) The transfer of rights must be direct, i.e. from the original End User to the new End User. (iii) The new End User must assume all rights and obligations of the original End User under this Agreement. (iv) The original End User must transfer to the new End User one of the proofs of the validity of the Software License referred to in Section 17.
17. Proof of validity of the software license. The End User may prove its right to use the Software in one of the following ways: (i) via a license certificate issued by the Provider or a third party commissioned by the Provider; (ii) via a written license agreement, if concluded; (iii) by submitting an e-mail from the Provider with the license data (user name and password). To verify the authenticity of the software, license information and identification data of the end user may be required in accordance with the Privacy Policy.
18. Licensing to government agencies and the U.S. government. The license rights and restrictions described in this Agreement apply exclusively to licenses granted to government agencies, in particular to agencies of the U.S. government.
19. Compliance with trade controls.
a) You will not, directly or indirectly, export, re-export, transfer or otherwise make available the Software to any other person, use it in any manner or engage in any activity that could result in a violation of trade control laws by, or otherwise adversely affect, 0X101 CYBER SECURITY or any of its parent companies, 0X101 CYBER SECURITY's subsidiaries or subsidiaries of its parent companies, or the entities under the control of its parent companies (hereinafter "Affiliates"). These trade control laws include:
i. any laws that control, restrict or impose licensing requirements to export, re-export or transfer goods, software, technology or services and that have been introduced or adopted by any government, state/federal or regulatory authority in the United States, Singapore, the United Kingdom, the European Union or its member states or any other country in which the obligations of the Agreement apply or in which 0X101 CYBER SECURITY or any of the Affiliates reside or operate (hereinafter "Export Control Laws")
ii. any other economic, financial or trade-related sanctions, restrictions, embargoes, import or export restrictions, prohibitions on transfers of property or assets or services and any equivalent measures imposed or adopted by any government, state/federal or regulatory authority in the United States, Singapore, the United Kingdom, the European Union or its member states or any other country in which the obligations of the Agreement apply or in which 0X101 CYBER SECURITY or any of its affiliates is located or operates (hereinafter "Sanctions Laws").
b) 0X101 CYBER SECURITY reserves the right to suspend its obligations under these Terms without notice or to terminate the Terms without notice if any of the following occurs:
i. 0X101 CYBER SECURITY has determined, in its sole discretion, that a User has violated or is likely to violate the provisions of Article 19.a of this Agreement; or
ii. an End User and/or the Software falls under the Trade Control Laws, and 0X101 CYBER SECURITY believes, in its sole discretion, that continued performance of its obligations under the Agreement could result in 0X101 CYBER SECURITY or an Affiliate violating the Trade Control Laws or other negative consequences.
c) The Agreement is not intended, and shall not be interpreted or construed, to require or obligate either party to act or refrain from acting (or agreeing or refraining from acting) in any manner that violates applicable trade control laws or is punishable or prohibited under such laws.
20. Notices of termination. All notices of termination and returned software and documentation must be sent to the following address: 0x101 Cyber Security, based in 50171 Kerpen, Burggasse 3c, North Rhine-Westphalia, Germany
21 Governing law, place of jurisdiction. This Agreement is governed by Slovak law. End User and Provider agree that statutory provisions on conflict resolution and the UN Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that the place of jurisdiction for all disputes with the Provider or regarding your use of the Software shall be the District Court of Bratislava I, Slovak Republic.
22 General Provisions. If any provision of this Agreement is held invalid or unenforceable, this shall not affect the validity of the remaining provisions of the Agreement. These shall remain valid and enforceable under the conditions set forth herein. In the event of any inconsistency between translated versions of this Agreement, the English version shall prevail. Amendments to this Agreement must be in writing and signed by an authorized representative of the Provider.
This is the entire agreement between the Provider and you with respect to the Software. It supersedes all previous representations, discussions, undertakings, communications and advertisements relating to the Software.
