Vepp license agreement
The given software license agreement on Vepp is entered by the Licensor (specified below) and the Licensee (you).
Registration (creation of an account) on the Vepp website and equally the start of an actual use of Vepp shall be considered as an acceptance of the given Agreement and its entry into legal force. The use of Vepp without the acceptance of the terms and conditions stipulated in the given Agreement is not allowed.
By accepting the terms of this Agreement you confirm that (i) you accept the terms of the Agreement fully and without any exceptions; (ii) you understand the meaning and the contents of the Agreement and you have received all necessary consultations; (iii) you are legally capable and have the right to enter into agreements.
1. TERMS AND DEFINITIONS
1.1. Licensor is ISPsystem LTD, the holder of the legal authority to transfer the right to use Vepp.
1.2. Licensee is a person acting pursuant to the legislation of its place of residence, which has the legal authority to enter into legal relationships with the Licensor under this Agreement.
1.3. Agreement is the given license agreement on Vepp with all supplements (annexes) thereto.
1.4. Vepp is a software application (software system) placed on the Licensor's servers, accessed solely from the Internet. A copy of Vepp shall not be given to the Licensee as it only interacts with the functional part of Vepp and its visual interface presented in a web browser.
1.5. Vepp website is a set of web pages placed in the information and telecommunication network of the Internet and consolidated by the unified address space of the domain www.Vepp.com and all its subdomains.
1.6. Licensee configuration is a set of settings, data, or other information contained in Vepp and formed in connection with its use by the Licensee. The configuration is stored on the Licensor's servers within the period of this Agreement.
2. LICENSE GRANTING
2.1. According to the given Agreement, the Licensor provides the Licensee with the non-exclusive, time-limited, non-transferable, and precarious right to use Vepp (License) in accordance with its purpose of use and for a fee. The scope of use shall be specified on the Vepp website in the “Pricing” section.
2.2. In order to use Vepp, the Licensee shall create an Account or log in. The Licensee can interact with Vepp solely within its Account. The confirmation of registration data can also be considered as a condition allowing to access the Vepp Account.
2.3. The License shall be given only if the terms of the given Agreement are fully met by the Licensee. During the use of Vepp, the Licensee shall not: (i) modify Vepp; (ii) delete (edit, hide, hamper perception of) any trademarks, copyright, names, or other designations; (iii) transform, decompile, disassemble, or execute any other similar actions; (iv) create derivative products, including the ones based on specific elements, including audiovisual; (v) transfer the right of use; (vi) use it for the goals not covered by the functionality; (vii) distribute audiovisual elements, images, interface elements, and other objects of intellectual property available in Vepp for commercial or non-commercial purposes.
3. LICENSE PERIOD AND LICENSE FEE
3.1. The License shall be granted for a license fee which size is specified on the Vepp website in the “Pricing” section. The minimal license fee is for one month.
The Licensee pays the license fee with the use of payment methods provided by the Licensor.
3.2. A license period depends on a period selected and paid by the Licensee.
The License period starts at the moment of when a payment is received on the bank account of the Licensor and shall expire automatically at the moment of expiry of the paid period. The Licensee may prolong the License period by paying its price for the next period selected according to price and scope fixed at the date of the payment.
If the Licensee uses automatic payments (recurrent payments), the license fee shall be charged automatically before the cancellation point. The Licensee hereby agrees that all automatic payments are made with its privity and by its request.
3.3. Any customs duties, taxes, or fees charged due to the jurisdiction of the Licensee shall be paid by the Licensee solely and at its own expense, including but not limited to VAT, sales tax, income and profits tax. No funds shall be charged from the License cost.
3.4. The Licensor at its own discretion has the right to provide the License without payment charged e.g. for a trial period. The term of such a free period shall be determined by the Licensor solely at its own discretion. The License hereby shall be deemed provided at the moment of when such a period has been activated.
Furthermore, the Licensor has the right to cancel License provisioning at any moment at its own discretion without any reasons or grounds provided or compensation fee paid.
4. TECHNICAL SUPPORT
4.1. The Licensee shall have the right to obtain technical support regarding any issues related to the use of Vepp within the period of the License. The Licensor shall provide technical support to the Licensee within the Licensee's Account or with the use of communication channels specified by the Licensor on the Vepp website.
4.2. By reference to the scope of use specified on the Vepp website in the “Pricing” section, technical support may be provided for a fee or for free by including it in the cost of a license fee.
4.3. Consultations provided to the Licensee shall not include troubleshooting of the Licensee's servers, their settings, as well as resolution of other similar problems not directly related to Vepp, administration education, or other related issues.
4.4. The Licensor shall keep the right to refuse to provide technical support in the following cases: (i) the incident is not within the competence of the Licensor; (ii) response to the incident has already been given; (iii) the incident refers to third-party components; (iv) the incident is offensive or disrespectful; (v) the Licensee has not provided information requested by the Licensor and required to investigate the case; (vi) any other grounds recognized by the Licensor as reasonable.
5. Vepp UPDATES
5.1. The Licensor may periodically release Vepp updates which installation can expand or limit the functionality of Vepp, change its visual interface, etc. without the consent of the Licensee.
The Licensee hereby agrees that if the Licensee has to perform additional configuration of the product in a result of the update, the functionality of Vepp may be limited until the Licensee finishes the configuration.
6. THIRD-PARTY PROGRAM COMPONENTS AND SERVICES
6.1 Vepp may contain additional content such as modules, plugins, third party services, etc. or provide the possibility of adding it or ordering additional Licensor’s services. Such additional content and Licensor’s services may be provided for an additional fee per a separate license (sublicense) and/or on the special condition.
Terms and conditions of use of additional content or Licensor’s services shall be provided to the Licensee when such content or services are added. Terms of conditions of use of additional content built-in and preinstalled in Vepp shall be provided in Annex to the given Agreement. By paying for, connecting, or actually using additional content and/or Licensor’s services, the Licensee confirms its acknowledgement and unconditional acceptance of their terms of providing.
6.2. Vepp may interact with operating systems, applications, and services (third-party program components). The Licensor shall not provide licenses on third-party program components. All legal relations on the use of these components shall be regulated by their rightful owners exclusively. The Licensor shall not be liable for performance of such third-party program components and does not provide their technical support.
6.3. Vepp may interact with certain versions of third-party program components. The Licensee shall accept its obligation to establish matching of third-party program components and the versions supported.
7. THIRD-PARTY PROGRAM COMPONENTS
7.1. The Licensor shall have the right to monitor Vepp usage anonymously and without prior notice to the Licensee by anonymously copying, getting access, storing, revealing, and using data on Vepp usage, the Licensee configuration, its system environment, and equipment. The Licensor provides monitoring solely for the purpose of protecting its rights, making further improvements to Vepp, searching for vulnerabilities, gathering statistical data, and researching.
7.2. The Licensor shall not collect personal data within the scope of monitoring specified above in the given section. Data is collected anonymously.
7.3. The right owners of additional content may get access to the Licensee’s data and process it. Such data collection and processing is out of the Licensor control. By installing and using additional content, the Licensee agrees its acknowledgement and consent with terms and conditions of such processing.
8. CONFIDENTIALITY AGREEMENT
8.1. The Parties shall not disclose the received confidential information and/or the commercial secrets of the Parties for the term of this Agreement and 3 (three) consecutive years after termination or cancellation of this Agreement.
Disclosure of the confidential information to official bodies duly authorized in compliance with applicable laws to request disclosure of the confidential information shall not be treated as a breach of this Agreement.
8.2. Any reviews, feature requests, ideas, or feedback sent by the Licensee to the Licensor (hereinafter - Requests) via any applicable communication channel shall not be deemed confidential information and become the property of the Licensor since the moment of their submission.
The Licensor shall keep the right to use Requests in any applicable way and for any purpose, including for further commercial use without compensation or fee. The Licensor shall not be obliged to review such Requests.
9. LIABILITY OF THE PARTIES
9.1. The Licensor shall not be liable for any damage, losses, or lost profit of the Licensee that may occur due to the use (or impossibility of use) of Vepp, as well as any losses related to revocation of the license rights to Vepp (termination of this Agreement).
The Licensor may not guarantee applicability of Vepp to the Licensee's needs, its non-stop operation, the absence of errors, their resolution in due time, and full security and shall not provide any evident or implicit guarantees. The Licensee entering into this agreement shall be guided by the principle “as is”.
9.2. The Licensee shall be fully liable for its actions or lack of actions.
9.3. The Licensee is notified and hereby agrees that Vepp MAY EDIT CONFIGURATION OF AN OPERATING SYSTEM OR OTHER PROGRAM SETTINGS AND INSTALL ADDITIONAL THIRD-PARTY SOFTWARE COMPONENTS OR ADDITIONAL CONTENT.
The Licensee shall organize backups by its own efforts and at its own expense.
9.4. Any changes made by the Licensee directly to configuration of an operating system, equipment, other programs, installation of third party components out of Vepp functionality may lead to impossibility of using Vepp and loss of information and performance of the server under Vepp management.
9.5. If the License has been re-activated i.e. prolonged after a pause, activation of server settings that are present at the moment of reactivation is not guaranteed and may lead to consequences described in Para. 10.4 of this Agreement.
10. TERM OF THE AGREEMENT
10.1. The term of this Agreement shall commence as of the date of its acceptance by the Licensee and shall expire when it is terminated by one of the Parties.
10.2. This Agreement may be terminated by one of the Parties by sending a notice of termination of the Agreement at least thirty (30) days before the date of termination.
10.3. The Licensor shall retain the right to terminate the given Agreement unilaterally (out-of-court) if the Licensee violates the terms of this Agreement, even on a single occasion.
10.4. If the Licensee has not prolonged or acquired any Licenses within the last year, or there are no active licenses (hereinafter referred to as Standby period), the Licensor shall charge additional license fee of 30 (Thirty) euro per every month when the License has not been prolonged or acquired or the Licensee has not notified the Licensor about its intention to cancel the Agreement or has not requested a refund (if there are any funds left), for keeping the Account active.
The given license fee shall be charged until the balance of the Account comes down to zero.
The Licensor has the right to delete the Licensee Account and terminate this Agreement at any time during the Standby period if there are no funds left on the Account balance.
11. FINAL PROVISIONS
11.1. The Licensor shall keep the right to edit the terms of the given Agreement unilaterally and at any time, as well as other documents referred to within this Agreement. If such editions are made, the Licensor shall provide the Licensee with an opportunity to become acquainted with the new version of the Agreement for further use of Vepp by publishing it on the Vepp website at least within ten (10) days before the date of its entry into legal force.
If the Licensee refuses to accept the corresponding editions, the given Agreement shall be deemed terminated with the right of using Vepp recalled.
The Licensee shall on its own take all measures to check the presence of such editions providing timely acquaintance with them. The Licensee accepts the risk of possible consequences of non-acceptance of such measures.
Authorization, payments, and equally the continuation of the actual use of Vepp after such editions entered into legal force shall be considered as an acceptance of the new terms and conditions.
11.2. In case if one or a few of the terms of this Agreement are held invalid, their invalidity shall not affect the validity of other terms of this Agreement which shall continue to be in legal force to regulate the relations between the Parties.
11.3. All documents, notifications, and expressions of will created or made within the Account shall be deemed created or made in a written form and in an orderly manner unless any other form has been determined directly by this Agreement.
Any actions made within the Account with the username and password of the Licensee which are known to the Licensee only shall be deemed the actions of the Licensee itself.
The Licensee shall provide decent measures to guarantee the security of the authorization data and shall not reveal this data to third parties.
11.4. Vepp may be accompanied by certain associated materials such as descriptions, configuration and usage guides, etc. All such associated materials shall be considered as objects of the intellectual property with the exclusive rights to them belonging to the Licensor.
The Licensee shall not have the right to use the associated materials for any purposes and by any means different from purposes and means required to execute the given Agreement.
11.5. The given Agreement shall be governed by the regulations of the effective legislation of the Licensor.
Any judicial examinations related to this Agreement shall be provided in accordance with the procedural law of the Licensor's place of business. The correspondent complaint procedure shall be maintained.
Any complaints of the Licensee shall be sent in a written form. The period of complaint consideration is 30 days.
12. ADDRESSES, CONTACT INFORMATION AND BANKING DETAILS OF THE LICENSOR
ISPSYSTEM LTD, Registration number HE379354, VAT 10379354D, Tepeleniou, 13, TEPELENIO COURT, 2nd floor, 8010, Paphos, Cyprus