Terms and conditions of using DataKick module

1. INTRODUCTION

Please read the terms and conditions (“Agreement”) carefully before you use the Solution (as defined below). This is a legally binding contract with Petr Hučík (“Vendor“ - a company formed under the laws of the Czech Republic) in respect of Solution branded “DataKick module". By assenting electronically, installing the Solution or using the Solution, you accept all the terms and conditions of this Agreement on behalf of yourself and any entity or individual you represent or for whose Device you acquire Solutions from Vendor (collectively “you”). If you do not agree with the terms and conditions of this Agreement, do not continue the installation process and delete or destroy all copies of the Solution in your possession.

2. LICENSE

Vendor grants to you a non-exclusive license to use the Solution and the Documentation for the agreed period indicated in the Applicable Conditions, including any extensions or renewals, provided that you agree to the terms and conditions of this Agreement.

You may use the Solution for a period of 14 days for free. If you wish to use the Solution after the trial period expired, you need to purchase a License Key. License key allow you to use the Solution for agreed period on single domain, including its subdomains.

3. PERMITTED USE OF THE SOLUTION

You may install and use the Solution on any number of servers or personal computers. You may also make a backup copy of the Solution.

4. UPGRADES AND UPDATES

Vendor, from time to time during the Subscription Term, may release updates of, or replacements for, any Solution. You are allowed to install all and any update.

5. OWNERSHIP RIGHTS

5.1. The Solutions and Documentation are the intellectual property of Vendor and are protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Solution is being used. The structure, organization and code of the Solution are valuable trade secrets and confidential information of Vendor. To the extent you provide any comments or suggestions about the Solution to Vendor, you grant Vendor the right and license to retain and use any such comments or suggestions in our current or future products or services, without further compensation to you and without your approval of such retention or use.

5.2. Except as stated in this Agreement, your possession, installation and use of a Solution does not grant you any rights or title to any intellectual property rights in the Solution or Documentation. All rights to the Solution and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by Vendor.

6. RESTRICTIONS

You may not copy or use the Solution or the Documentation except as set forth in Section 3 of this Agreement. You may not, and may not permit any third party to:

• use any license number, username/password combination or other authorization code or number supplied by Vendor in connection with any Solution on or for more than the number of Devices specified by the Applicable Conditions;
• disclose any license number, username/password combination or other authorization code or number to any party other than Vendor or Vendor designated representatives;
• except as expressly authorized by law, (A) reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract any Solution or any portion of the Solution (including without limitation any related malware signatures and malware detection routines), or (B) change, modify or otherwise alter any Solution (including without limitation any related malware signatures and malware detection routines);
• publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense any Solution;
• except as expressly authorized by this Agreement or the Applicable Conditions, use any Solution to manage the facilities of a third party or grant any third party access to or use of any Solution on a service bureau, timesharing, subscription service or application service provider or other similar basis;
• use any Solution to provide or build a product or service that competes with the Solution;
• use any Solution in a manner that violates Vendor’s published acceptable use policy;
• use or attempt to use any Solution to upload, store or transmit any data, information or materials that: infringe the intellectual property or other rights of third parties; contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind; or otherwise in any way damage, disable or impair the operation of the Solution;
• gain or attempt to gain unauthorized access to any Solution or to networks connected to it, or to content stored or delivered through it, by any means, including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures; - (x) test or benchmark, or disclose or publish testing or benchmark results, for any Solution without Vendor’s prior written consent; or
• defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the installation or use of copies of any Solution.

7. LIMITED WARRANTY; DISCLAIMERS AND EXCLUSION OF LIABILITY

7.1. Subject to the remainder of this Section 7, Vendor warrants to you that the Solution will perform, or will be performed, substantially in accordance with the Documentation for a period of fourteen (14) days following your initial receipt of the Solution. To make a warranty claim, you must follow the instructions provided by the source from which you purchased the Solution. If the Solution does not perform substantially in accordance with the Documentation, the entire and exclusive liability of Vendor and its distributors and agents and your sole and exclusive remedy will be limited to, at Vendor’s option, either: (i) replacement of the Solution; or (ii) return of the Solution for a refund of the fees and charges you paid for the Solution (the “Fees”). This warranty applies only to the Solution as originally delivered, and does not apply to updates or defects caused by the combination, operation or use of the Solution with software, hardware or other materials not provided by Vendor, or by Devices, software, or other materials that do not conform to Vendor requirements set forth in the Documentation.

7.2. VENDOR AND ITS DISTRIBUTORS AND AGENTS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING ANY SOLUTION OR DOCUMENTATION. THE REMEDY IN THIS SECTION STATES THE SOLE AND EXCLUSIVE REMEDIES FOR VENDOR’S OR ITS DISTRIBUTORS’ OR AGENTS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE SOLUTION IS PROVIDED “AS IS” AND VENDOR AND ITS DISTRIBUTORS AND AGENTS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW, JURISPRUDENCE OR OTHER THEORIES OF LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT THE OPERATION OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE SOLUTIONS WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT THE SOLUTIONS WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.

7.3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ALL SOLUTIONS PROVIDED TO YOU WITHOUT FEES (INCLUDING SOLUTIONS PROVIDED AS “FREE,” “TRIAL” OR “BETA” SOLUTIONS) ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT SUPPORT OR OTHER SERVICES BY VENDOR.

7.4. Vendor disclaims all liability for the Solution, including any loss or liability resulting from lost or compromised data caused by the Solution. Vendor does not make any warranty that your data will be stored safely or securely. The Solution may make changes to your Device that may adversely affect its functionality, such as deleting system or application files identified (correctly or incorrectly) by the Solution as infected. You acknowledge and agree to such changes to your Device that may occur as a result of your use of the Solution. The Solution is not fault-tolerant and as such is not designed for use in hazardous environments requiring fail-safe performance.

7.5. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL VENDOR OR ANY COMPANY THAT CONTROLS, IS CONTROLLED BY OR UNDER COMMON CONTROL WITH VENDOR (COLLECTIVELY, THE “VENDOR GROUP”) OR THEIR RESPECTIVE AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOLUTION IS PROVIDED OR OTHER BUSINESS PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY, OR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) INCURRED FOR LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOLUTION (INCLUDING BUT NOT LIMITED TO, THE SOLUTION), COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT OR THE SOLUTION PROVIDED HEREUNDER, EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO MEMBER OF THE VENDOR GROUP WILL BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION, INADVERTENT DISCLOSURE OR LOSS OF DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED BY OR IN CONNECTION WITH A SOLUTION REGARDLESS OF THE CAUSE. TO THE FULL EXTENT PERMITTED BY LAW, IN NO CASE WILL VENDOR’S, ANY MEMBER OF VENDOR GROUP, OR THEIR DISTRIBUTORS’ OR AGENTS’ LIABILITY FOR ANY DAMAGE EXCEED THE GREATER OF FIVE U.S. DOLLARS (US$5.00) OR THE AMOUNT OF THE FEES YOU PAID FOR THE SOLUTION FOR THE APPLICABLE SUBSCRIPTION TERM.

7.6. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY OF VENDOR, MEMBERS OF VENDOR GROUP, AND THEIR DISTRIBUTORS AND AGENTS DO NOT LIMIT THEIR POTENTIAL LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD BEYOND THE EXTENT PERMITTED BY APPLICABLE LAWS.

8. PRIVACY; PROCESSING OF PERSONAL INFORMATION 8.1. You acknowledge and agree that the Solution may communicate automatically with Vendor’s cloud-based technology to function, and to make the Solutions and other Vendor products and services more effective. You may withdraw your consent to such communication only by uninstalling the Solution.

8.2. Vendor processes certain information and data (which may include personally identifiable information and/or personal data) relating to:

• the user of the Solution and/or any Device which uses the Solution;
• the Solution and/or any Device which uses the Solution; in accordance with the Vendor’s privacy policy at www.getdatakick.com

9. TERMINATION This Agreement will immediately terminate upon your breach of any obligation contained herein (including any breach of your obligations in Sections 3 or 6 which will result in forfeiture of any rights you may have to receive updates to the Solution or a refund of Fees). Vendor reserves the right to any other remedies available under law in the event your breach of this Agreement adversely affects Vendor or its distributors or agents. The limitations of liability and disclaimers of warranty and liability for damages contained herein will survive termination of this Agreement. No provision hereof will be deemed waived unless such waiver will be in writing and signed by Vendor. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.