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. The License shall be prolonged in advance.

If the Licensee uses automatic payments (recurrent payments), the license fee shall be charged and the License prolonged 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.

3.5. The License fee may be refunded for monthly Licenses only for the periods paid by the Licensee in advance for more than one month until the month paid in advance commences. For annual licenses, the License fee may be refunded only for the periods exceeding one year until the year paid in advance commences. Otherwise, the License fee paid (including for third-party program components and services) shall not be refunded.

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

TERMS AND CONDITIONS
of usage of additional pre-installed content

Additional content Right owner / provider End user license agreement
ImunifyAV Cloud Linux Inc. https://www.imunify360.com/legal/eula

Annexes
to the Vepp license agreement

RULES
of providing compute resources (virtual servers)

The given rules shall be attached to the Vepp License agreement.

1. GENERAL PROVISIONS

1.1. License terms regulating the use of Vepp may specify providing of compute resources (a virtual server) to the Licensee to manage and use it solely by the means of Vepp.

1.2. Compute resources shall be provided for the term of the corresponding license with the terms, conditions, and limits set by these Rules.

1.3. Compute resources shall not be used or managed separately without a corresponding active License, as much as compute resources cannot be ordered separately from a corresponding License type.

1.4. Vepp license suspension, which includes certain volume of compute resources, shall result in the terms and conditions specified in Para. 6.3 of the given Rules.

1.5. DigitalOcean, LLC, registered at 101 Avenue of the Americas, 10th Floor New York, NY 10013 (hereinafter – Hosting provider) shall be the end provider used to provide compute resources.

1.6. By acquiring the License, the Licensee hereby agrees that he/she:

1.6.1. has got acquainted with the service rules set by the Hosting provider, which are published at https://www.digitalocean.com/legal/terms-of-service-agreement/ (hereinafter – Hosting provider’s Rules) and accepts them without limitation but with the obligation to obey these rules;

1.6.2. has got the opportunity to use independant law and technical advisors to understand the content of the given Rules and the Hosting provider’s Rules properly, together with all aspects of compute resources use.

1.7. Compute resources’ parameters shall be specified in the License description on the Vepp Website.

2. TERMS OF USE AND LIMITATIONS

2.1. The Licensee hereby shall not use compute resources for purposes that are prohibited by the given Rules or legislation, and shall be liable for its own actions as well as for actions of third parties it has granted access to on its own accord or due to loss of account confidentiality.

2.2. The Licensee shall not use compute resources (on the whole or in parts) as well as information and resources available due to the use of the compute resources by the means and for the goals that violate the law or the given Rules, or by any other means that may be qualified by the Licensor as fraud, unfairness, or incorrectness.

2.3. The Licensee is prohibited to use compute resources for the goals and by the means specified in Annex 1 to the given Rules (Use limitations) but not limited to them.

2.4. If the Licensor has concerns about the order of use, eligibility, or credibility of the information stored, transferred, or published, the Licensor shall have the right to request the Licensee to provide additional information. Such information shall be presented by the Licensee within 3 (Three) business days. The terms of providing this information shall also be used for applications or complaints related to the use of compute resources by the Licensee and received by the Licensor from the third parties.

2.5. The Licensee shall acquaint all the parties having access to the Service with the given document and its annexes.

3. PRICE OF COMPUTE RESOURCES

3.1. The price of using compute resources shall be included in the price of the corresponding License.

3.2. If the License fee has not been paid in due time, the access to compute resources and their addons such as a backup storage etc. shall be suspended. In case of suspension, saving and downloading data as well as other operations with compute resources shall not be available.

3.3. If the License has not been paid (reactivated) within 7 (Seven) calendar days since its expiry date, compute resources shall be deleted without a possibility to restore them.

3.4. If the License has been reactivated, the license fee shall be paid also for the period of suspension.

4. DISCLAIMER OF WARRANTY AND LIABILITY LIMITATION

4.1. The Licensor shall not control (but has the right to control) the data placed by the Licensee, to which it has/provides access when using compute resources, purpose of usage, as well as it shall not control or provide physical access to compute resources to other parties. The Licensee solely shall be liable for the information published by it with the use of compute resources and the rightfulness of its actions.

4.2. The Licensee on its own shall take measures to settle all the claims from third parties which result from the use of compute resources.

4.3. Compute resources shall be provided “AS IS” and “AS AVAILABLE” i.e. without any guaranties (evident or implied). The Licensor shall not guarantee that compute resources:

4.3.1. as well as the result of their use would fit the purpose of acquiring the License by the Licensee;

4.3.2. would be provided and operate without errors or breaks, or without loss or damage of data;

4.3.3. would be available at certain period of time or from specific regions or networks;

4.3.4. would not contain software and/or hardware errors, or that such errors would be fixed, or that any data or software available due to the use of compute resources would not contain errors, viruses, or other malicious components.

4.4. Compute resources shall be used at the own risk of the Licensee.

4.5. The Parties shall be released of liability for partial or full failure to perform obligations resulted from force-majeure circumstances that appeared after agreement execution. Such circumstances may be the following: accidents that led to failures in the Licensee’s network; power outages of the active equipment of the Licensee’s network; natural calamities; natural and industrial disasters; acts of terrorism; military actions; civil disorders; acceptance of acts containing restrictions or inhibitions on the Parties’ activities by the local or government bodies; other circumstances that may not be foreseen or avoided and make it impossible to perform the obligations.

4.6. The Licensor shall not compensate or be liable for any missed profit, loss of data, reputation damage, any direct or indirect losses, actual damage incurred by the Licensee within the period of usage of compute resources, as well as for any errors, viruses, operation outages, or failure to deliver data (or untimely delivery) and integrity of delivery. The liability of the Licensor (including actual damage) shall be limited with the 1-month price of the corresponding license.

The Licensor on its own accord has the right to provide compensation calculated proportionally with the outage in compute resources that appeared due to the Licensee. The time of the beginning of the outage shall be registered upon the Licensee’s request after which the outage has been confirmed by the Licensor.

4.7. The Licensee hereby understands and agrees that the terms regulating warranty disclaimer and liability limitation shall be deemed fundamental. By acquiring the License, the Licensee gives its evident consent to the given terms and confirms their acceptance.

5. BACKUPS AND ADMINISTRATION

5.1. The Licensee on its own shall establish backup of the data stored on compute resources.

5.2. The risk of losing all and some of the data shall be born solely by the Licensee.

5.3. Administration, configuration, and all other actions with compute resources shall be provided by the Licensee.

6. SUSPENSION AND TERMINATION OF SERVICES

6.1. The Licensor on its sole discretion has the right to suspend or withhold access to all or some compute resources, along with suspension of the License or without it, with prior notice sent to the Licensee or without it in the following cases (but not limited to the following cases):

6.1.1. violation of the given rules and annexes, the Hosting Provider’s Rules, or the ongoing legislation;

6.1.2. suspension/stoppage of the corresponding Vepp license.

6.2. Suspension of compute resources may result in deleting the Licensee information.

6.3. Stoppage of compute resources, along with suspension of the License or without it, shall lead to irretrievable deletion of information.

6.4. When compute resources are stopped, the Licensee shall delete all domain resource records, other software or services addressed to IP addresses provided to it on the same day.

7.  OTHER TERMS AND CONDITIONS

7.1. The Licensor shall have the right to edit the given Rules unilaterally by publishing new editions on the Vepp Website. By continuing to use compute resources, the Licensee agrees with the new editions and their annexes.

 

Annex 1 to the Rules of providing compute resources (virtual servers)
USE RESTRICTIONS

1. GENERAL PROVISIONS

2. Within the period of usage of compute resources, the Licensee shall not commit any actions, or assist in committing actions that violate laws, rights, or legal interests of other parties, or are aimed to abuse the rights of other parties, or commit other unfair acts, as well as provide irrational or parasitical usage of compute and network resources.

3. The Licensee shall not send, publish, transfer, reproduce, upload, place, or distribute information in any way, as well as use compute resources for the following activities (goals) directly or indirectly:

3.1. Store, upload, distribute of illegal information:

3.1.1. pornography, child erotic, and its popularization;

3.1.2. information that violates generally acknowledged moral norms, propagates hatred and/or discrimination of people on their race, ethnic aspects, sex, religion, or social group, promotes for incitement of ethnic hatred, violence, or inhuman treatment of animals, invites for unlawful activities, or provides information about the order of such actions;

3.1.3. information that contains abuse, slander, threats, demonizes specific people or companies or their goodwill, and which does not correspond to the reality being unreliable or fraudulent;

3.1.4. information that violates legal norms and is prohibited for distribution;

3.1.5. information that contains links to information or the order of receiving such information specified in the given rules as prohibited;

3.1.6. information containing abuse of rights.

3.2. Violate privacy:

3.2.1. use (collect, store, transfer, etc.) personal data of third parties, financial or payment information etc., except for cases when these parties have directly granted the Licensee with the right to use it this way.

3.3. Distribute malware:

3.3.1. viruses, including programs containing viruses, trojans, keyloggers, botnets, and spy programs;

3.3.2. programs created to violate, destroy, or delimit functionality of any computer or telecommunication equipment or software, or to establish unauthorized access;

3.3.3. serial numbers to commercial software products and programs for their generation, usernames, passwords, and other means of getting unauthorized access to commercial Internet resources;

3.3.4. placement of links to the information outlined above or information about methods of creating such links;

3.3.5. application of settings making it difficult to exchange real time information, including scrolling a screen with a speed that normally is not possible for standard users, including information input, opening additional browser windows, etc.

3.4. Violate intellectual property rights:

3.4.1. Maintain filesharing networks e.g. eDonkey, BitTorrent etc. or publish links to any materials (fully or partially) that are protected with copyright or other or similar rights without consent from the right owner;

3.4.2. Directly or indirectly in any form violate rights to patent, trademark, commercial secret, copyright or other rights;

3.5. Have unauthorized access or organize DDoS attacks:

3.5.1. usage of compute resources with the means that, according to the Licensor, may inflict harm and/or result in failures in technical and software means of the Licensor and third parties;

3.5.2. breaks in normal operation of the Internet elements;

3.5.3. breaks in normal Network connection;

3.5.4. committing actions aimed at getting/using unauthorized access to network resources;

3.5.5. destroying or modifying software or data that does not belong to the Licensee without consent from the owners of this software or data or from the administrators of the given information resource.

3.5.6. transfer of senseless or useless information to computers or equipment of third parties, which creates excessive (parasitical) load on these computers or equipment or software, as well as intermediate Network sections;

3.5.7. scanning of network nodes in order to unveil their internal structure, potential security threats, open port lists, etc. without clear consent given by the owner of the resource in question, which the Licensee shall be able to confirm;

3.5.8. providing open (i.e. without authorization) email relays, open anonymous proxy servers, open teleconference servers, etc.

3.5.9. committing any actions that may lead to blacklisting specific IP addresses;

3.5.10. usage of IP addresses that have not been provided by the Licensor.

3.6. Falsify:

3.6.1. Commit actions aimed to impersonate himself/herself, other person, or a representative person or a company and/or a community without having enough rights to do so, as well as use any other methods allowing for delusion or misrepresentation;

3.6.2. Fake its IP address and identification means, as well as addresses used in other network protocols and for Internet data transfer;

3.6.3. Misinform the Licensor.

3.7. Send unsolicited information, data, or text (spam):

3.7.1. Mass email sending if a list of recipients was created without subscription confirmation tools by saving IP addresses from which the subscription was confirmed;

3.7.2. spam sending;

3.7.3. emails without evident tools (links) allowing to unsubscribe;

3.7.4. sending information to users who have earlier expressed their clear desire not to receive this information;

3.7.5. advertisement of services which distribution is restricted or prohibited by the law or runs counter to general moral and ethical principles;

3.7.6. establishment of connection with servers and subnets used for mass emails, as well as other actions (direct or indirect) creating conditions for or alleviating unsolicited mass emails (collection/transfer of addresses, distribution of programs and websites).

3.7.7. commiting actions leading to blacklisting at spamhaus.org.

4. Local limitations may be applied to compute resources. For example, usage of compute resources may be prohibited for users from the countries facing economic or political restrictions. The Licensee hereby shall guarantee that he/she is not located in such a country and shall not provide services to third parties from such countries.

5. If complaints from third parties related to violation of intellectual property rights are sent to the Licensor, such complaints shall be resent to the Licensee via its Account. The Licensee hereby accepts its obligation to review such complaints and send materials related to violation or provide evidence of the rightful usage within 24 hours since the complaint was sent.

If the Licensee has not notified the Licensor about the deletion of materials or has not provided materials confirming the rightful usage of intellectual activity results within the period specified above, the Licensor has the right to suspend or stop provisioning of compute resources and suspend a license.

6. The Licensor shall have the right to decline access to its services and decline any information generated automatically e.h. email traffic.

7. The list specified in Para. 3 shall not be exclusive. The Licensor solely shall determine whether the Licensee’s actions are considered as violation.