of Positive Technologies Application Firewall Software
as using via Microsoft Azure
- General Provisions
- This license agreement (hereinafter referred to as the "Agreement") represents a legally binding agreement between the end user (hereinafter referred to as the "User", a legal entity) and PT Global Solutions Ltd. doing business as Positive Technologies (hereinafter referred to as the "Licensor") with regard to Positive Technologies Application Firewall (hereinafter referred to as the "Software") for the use within Microsoft Azure.
- The Software is copyrighted and it is licensed to User under this Agreement, not sold to User.
- The use of the Software is allowed only under this Agreement's conditions. By any of the following actions:
the User agrees to the conditions of the Agreement.
- providing the Software on the virtual machine provided by Microsoft Azure service or
- running the Software within Microsoft Azure service
- If the User does not fully accept to be bound by the Agreement, the User is not authorized to use the Software for any purpose or by any means, including keeping its copy on data storage devices.
- Any additional terms that could be provided along with payment conditions as stipulated in clause 2.3. shall prevail over those of this Agreement. In case of contradictions between the additional terms in accordance with payment conditions and this Agreement, such additional terms shall prevail.
- Legal Usage
- Subject to User full and ongoing compliance with the terms and conditions of this Agreement, including without limitation payment of all applicable license fees, restrictions of use, confidentiality obligations and User's liability for breaching of those, Licensor hereby grants to User, and User accepts, limited, worldwide, excluding Islamic Republic of Iran, non-exclusive, non-transferable, non-sublicensable, revocable license rights to use the Software. Such rights to use include rights to access to and to run the Software within Microsoft Azure service only in accordance with limitations set forth herein. Any use of the Software that is not expressly specified in this Agreement is not allowed. For purposes of this Agreement, the Software includes any updates, enhancements, modifications, revisions, or additions to the Software made by Licensor and made available to User via Microsoft Azure service. Notwithstanding the foregoing, Licensor shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software. User's license to use the Software is conditioned on the compliance with abovementioned restrictions and obligations, and any use of the Software in violation of any of these restrictions, or any of the other terms of this Agreement will constitute a breach of this Agreement and is unlicensed.
- The User hereby agrees to use the Software for personal, non-commercial use and for its designated purpose, namely, for protection of the User's applications against malicious actions. The User agrees not to use the Software to provide services to third parties, including free of charge services.
- Payment of license fees by the User is to be made in accordance with payment conditions as could be provided upon the request. The License to use the Software is granted strictly on the grounds of the license fee. Upon payment of a license fee, the User shall obtain the license key to activate the Software.
- The period of permitted use of the Software (the term of the license) is set in accordance with payment conditions that could be provided as stipulated in clause 2.3.
- The User is expressly forbidden to copy, modify, adapt, localize or decompile the Software except as specified under the applicable law, nor shall the User make any changes to the source code of the Software.
- If not agreed in writing, the User shall not distribute, rent or lease the Software, or use it for fraudulent or other illegal purposes.
- The Licensor is either the rightholder to the Software or legally procured from the respective rightholder the rights sufficient to provide to User with the rights specified in this Agreement.
- Nothing in this Agreement shall be construed as a transfer of ownership or exclusive rights to the Software. Only the use rights explicitly stated in this Agreement are provided.
- The Software includes software of third parties, which is not a subject of intellectual property rights or other rights of the Licensor. The usage of such third-party software is governed by respective licenses issued by rightholders of such software. By accepting the terms of this Agreement, the User therefore accepts the conditions specified in the licenses to third-party software.
- The Licensor guarantees that the User may use such third-party software as part of the Software freely, with no additional payment, and at least with the same rights as are granted to the Software provided that the User fulfills the terms and conditions of all the appropriate licenses of the third parties.
- All rights that are not directly and explicitly granted under the Agreement or the License or other appropriate agreement, as the case may be, shall remain with the respective rightholders.
- The User may not remove or change the Licensor and third parties' copyright information that is presented in the Software or in the content available as a result of the usage of the Software.
- Limited Warranty
- The Software is provided as is. The Licensor gives no warranties of uninterrupted or error-free operation of the Software, nor does it give warranties that the Software meets the User's requirements or expectations. The Licensor is not liable for direct or indirect damages resulting from potential errors in the Software, as well as for damages that might result from using or impossibility to use the Software.
- The User shall be liable for any breach of the terms of this Agreement and for the illegal usage of the Software under the current law of England and Wales.
- The Licensor reserves the right to terminate the User's license unilaterally in case of any breach of the terms of this Agreement and illegal usage of the Software.
- In no event shall Licensor be liable to User or any party related to User for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data or other such pecuniary loss), whether under a theory of contract, warranty, tort (including negligence), products liability, or otherwise, even if Licensor has been advised of the possibility of such damages. In no event will Licensor's total aggregate and cumulative liability to User for any and all claims of any kind arising hereunder exceed the amount of license fees actually paid by User for the Software.
- User will, at its own expense, indemnify and hold Licensor, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys' fees (collectively, "Claims"), arising out of any use of the Software by User, any party related to User, or any party acting upon User's authorization in a manner that is not expressly authorized by this Agreement.
- Term and Termination.
- This Agreement is effective upon User's acceptance of the Agreement by paying respective Licensor's invoice, or upon User's downloading the Software, even if User have not expressly accepted this Agreement.
- License will terminate upon the expiration of the period of permitted use of the Software, provided in the payment conditions. Without prejudice to any other rights, this Agreement will terminate automatically without notice to User if User breaches or fails to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and User agrees that in any such a case Licensor may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. User may terminate this License Agreement at any time by providing a written notice of User's decision to terminate the Agreement to Licensor to the following e-mail address firstname.lastname@example.org and ceasing use of the Software.
- Upon the termination or expiration of the Agreement for any reason, User agrees to uninstall the Software.
- This Agreement shall be governed by and interpreted in accordance with the law of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction in connection with any dispute under this Agreement. To the maximum extent permitted by law, User hereby consent to the jurisdiction and venue of such court and waive any objections to the jurisdiction or venue of such court. 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.
- This is the entire agreement between the Licensor and User relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
- The Licensor may revise, update, modify or replace the Agreement at any time, without prior notice to User. If User does not agree with any modifications or additional terms in a subsequent Agreement, User may reject such modifications or terms by ceasing all future use of the Software.
- If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Agreement.
- The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- The User shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under this Agreement, excluding income taxes on the net profits of Licensor. The User shall reimburse the Licensor for the amount of any such taxes or duties paid or incurred directly by the Licensor as a result of this transaction, and User agree that Licensor may charge any such reimbursable taxes to the payment instrument User used for initial payment.
- The User may contact the Licensor, should the User have any questions regarding the permitted use of the Software:
Sovereign House, 361 King Street,
London W6 9NA, United Kingdom
Tel: +44 203 769 3606