| 38 | 38 | - Copies and Modifications. Except and solely to the extent that such a restriction is prohibited under applicable law, you may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any license keys you have obtained. You may not modify or adapt the Software or any license keys that you have obtained in any way. Any such copies of the Software, Documentation, or license keys shall include any copyright or other proprietary notices that were included on such materials when you first received them. Except as authorized in this Section, no copies of the Software, Documentation, or license keys, or any portions thereof, may be made by you or any person under your authority or control. |
| 39 | 39 | |
| 40 | 40 | - Assignment of Rights. You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys, as granted by this Agreement, without prior written consent of WebPros, except that you may transfer this Agreement in full in connection with the sale of all or substantially all of the assets related to this Agreement, provided that the assignee assumes all of your obligations hereunder, and the licenses granted hereunder will only extend to use of the Software on the Authorized Device on which the Software was installed immediately prior to the assignment. WebPros may assign this Agreement without limitation. Any assignment in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. |
| 41 | 41 | |
| 42 | 42 | - Support and Maintenance Services; Updates; Upgrades. WebPros will not provide any support or maintenance services under this Agreement. You acknowledge that WebPros has no express or implied obligation to announce or make available any updates, enhancements, modifications, revisions, or additions to the Software and that this Agreement does not give you any rights in or to any of the foregoing. WebPros may offer support and/or maintenance services separately. If you have purchased WebPros support and/or maintenance services with the Software, these services are provided to you under the terms and conditions accompanying the applicable service. Any supplemental software code or related materials that WebPros provides to you as part of any support and/or maintenance services are considered part of the Software and are subject to the terms and conditions of this Agreement. If you purchase an upgrade (a new version of the Software) from a perpetual license to a newer version of the perpetual license, then your license keys to the prior perpetual license will continue to operate. However, if you purchase an upgrade from a perpetual license to a term-based license, then the license keys to the perpetual license will terminate upon activation of the term-based license. |
| 43 | 43 | |
| 44 | Support is included with all editions of the software when purchased or accessed through a cloud marketplace or digital platform listing. |
| 45 | |
| 44 | 46 | 2. Intellectual Property and Confidentiality. |
| 45 | 47 | |
| 46 | 48 | - Use Reporting, License Violations and Remedies. WebPros reserves the right, and you authorize WebPros, to gather data on key usage including license key numbers, Authorized Device IP addresses or other applicable device identifier (including MAC address or UDID), domain counts and other information deemed relevant, to ensure that our products are being used in accordance with the terms of this Agreement. WebPros reserves the right to remedy violations of any of the terms of this Agreement immediately upon discovery, by charging the then current list price of unauthorized keys to the payment instrument used to make the original, authorized purchase, or by any other means necessary, including remotely disabling the Software. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered violation of this Agreement and will result in immediate termination of this Agreement pursuant to Section 4. |
| 47 | 49 | |
| 48 | 50 | - License Expiration. Your license may include an expiration date that can result in the termination of the license. If your license key is stolen, or if you suspect any improper or illegal usage of your license outside of your control you should promptly notify WebPros of such occurrence. A replacement license will be issued to you and the suspect license will be allowed to expire. For monthly subscription licenses, your monthly payment for each month must be processed prior to the expiration date in order for the license updates to be performed. For your convenience, WebPros may, but has no obligation to, provide license expiration warnings in the product interface. It is your responsibility to contact WebPros regarding any potential expiration that you deem inappropriate. WebPros shall not liable for any damages or costs incurred in connection with the expired licenses. Perpetual licenses do not carry an expiration date. However, for technical and fraud-prevention purposes, licenses which do not report active use for a minimum of 12 months will suspend, automatically and will require to be replaced. |
| 49 | 51 | |
| 54 | 56 | - Consent to Use Data. You agree that WebPros may collect and use technical data and related information-including but not limited to technical information about your device, system and application software, and peripherals-that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software. WebPros may use this information, as long as it is in a form that does not personally identify you, to operate, provide, improve, and develop our products, services and technologies, to prevent or investigate fraudulent or inappropriate use of WebPros products, services, and technologies, for research and development, and for the other purposes described in this Agreement or to you as part of our products and services. You further consent that WebPros may collect the IP addresses of servers, on which a WebPros product is installed. If this information may be considered as personal data, WebPros will handle it in accordance to the WebPros Privacy Policy, available at www.Plesk.com/legal and will limit the use of this information for the prevention of fraudulent use of WebPros products. Subject to your consent in accordance to the applicable laws in your region, WebPros websites and online services may use "cookies," which enable you to personalize your experience on WebPros sites and provide information to WebPros such as which websites have been visited and which ads and web searches are effective. If you want to disable cookies, check your browser settings or reject the use of cookies when entering WebPros' websites. |
| 55 | 57 | |
| 56 | 58 | WebPros may, e.g. for the purpose of providing technical support to you, in the course of your use of the Software be furnished with or have access to information which may qualify as personal data in some or all jurisdictions (such as admin email address). |
| 57 | 59 | |
| 58 | 60 | By accepting this Agreement, you agree and acknowledge that WebPros may collect, use, process, record, arrange, accumulate, keep, update, extract, transfer (including trans-border transfer) access, depersonalize, block or remove such personal data in performing its contractual duties (Art. 6 I (b) GDPR) and for general administrative purposes and may also disclose the personal data to its affiliates in its country of residence and abroad to the extent required for the performance of its duties under this Agreement and always in accordance to the provisions of the applicable data protection laws in effect (e.g. GDPR). In the event a third party product is resold or distributed by WebPros, the according third party vendor may be furnished with your licensing data in order to enter into a licensing relationship with you for its products or to properly provide technical support to you if required. |
| 59 | 61 | By implementing and maintaining sufficient technical and organizational measures as requested by applicable data protection laws, WebPros makes sure that your personal data is kept in strictest confidence and protected sufficiently against further disclosure. |
| 60 | | You may, at your exclusive option and discretion, at any time ask WebPros for information about the collected or processed data as well as request the alteration, anonymization or deletion or move of such data in accordance to your rights as a data subject. This may however in some cases have delaying effects on the availability of further WebPros services (e.g. support services). Furthermore, signature of a data processing agreement will be mandatory prior to the provision of remote technical support services by WebPros. Please direct your data protection-related requests to [\[email protected\]](https://www.plesk.com/cdn-cgi/l/email-protection#f484869d8295978db483919684869b87da979b99). |
| 61 | | If you are a business licensee, WebPros may use your contract details (including email address) provided in the course of entering into the licensing relationship for promotional purposes related to own and comparable products, unless you have explicitly contradicted such use. At any time, you have the right of free contradiction by contacting [\[email protected\]](https://www.plesk.com/cdn-cgi/l/email-protection#90e0e2f9e6f1f3e9d0e7f5f2e0e2ffe3bef3fffd) (only standard internet connection rates apply). |
| 62 | You may, at your exclusive option and discretion, at any time ask WebPros for information about the collected or processed data as well as request the alteration, anonymization or deletion or move of such data in accordance to your rights as a data subject. This may however in some cases have delaying effects on the availability of further WebPros services (e.g. support services). Furthermore, signature of a data processing agreement will be mandatory prior to the provision of remote technical support services by WebPros. Please direct your data protection-related requests to privacy@webpros.com. |
| 63 | If you are a business licensee, WebPros may use your contract details (including email address) provided in the course of entering into the licensing relationship for promotional purposes related to own and comparable products, unless you have explicitly contradicted such use. At any time, you have the right of free contradiction by contacting privacy@webpros.com (only standard internet connection rates apply). |
| 62 | 64 | |
| 63 | 65 | - Audit Rights. During the term of this Agreement and for two (2) years after termination or expiration of this Agreement, WebPros may audit, upon written notice to you, your books, records, and computing devices to determine your compliance with this Agreement and your payment of the applicable license fees, if any, for the Software. In the event that any such audit reveals an underpayment by you of more than five percent (5%) of the license fees due to WebPros in the period being audited, or that you have breached any term of this Agreement, then, in addition to any other rights and remedies WebPros may have, you will promptly pay to WebPros any underpayments plus the cost of the audit. |
| 64 | 66 | |
| 65 | 67 | 3. License Fees. |
| 66 | 68 | |
| 69 | For products purchased through a third-party cloud marketplace or digital platform, billing, pricing, payment terms, and seller-of-record obligations are governed exclusively by the terms of that platform and its agreement with the end customer. The License Fees section of this Agreement does not apply to such purchases. |
| 70 | |
| 67 | 71 | The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth on the corresponding WebPros (or third party Distributor) web site. License fees for term-based licenses are due prior to the commencement of the applicable term, and may be re-billed to the payment instrument you used for your initial purchase upon the commencement of any renewal term. WebPros reserves the right to amend license fees for subsequent renewal terms by giving you at least 30 days prior written notice. The so amended license fee will become applicable automatically as of the start of the next renewal term, unless the license was terminated beforehand. Any increase of license fees grants you the right to terminate your license for exceptional reasons towards the end of the then-current license term (prior to the increase coming into effect). Your license to the Software will terminate automatically without notice if you notify WebPros in advance that you do not intend to renew a term-based license or if you fail to pay a renewal fee for a term-based license. The license fees paid by you are paid in consideration of the license granted under this Agreement. License sales are final and WebPros does not refund license fees under any circumstances, unless the applicable law stipulates otherwise. By accepting this Agreement you fully understand that once license fee payment is made to WebPros you will have no recourse for receiving a refund of any part of the fees. Furthermore, in the event a license allows for an in-term downgrade, WebPros reserves the right to make the resulting reduced license fee applicable as of the following full calendar month for the first time. WebPros further reserves the right to terminate a license without any recourse in the event of unusual, suspicious or potentially abusive use of a downgrade / upgrade option by customers. |
| 68 | 72 | |
| 69 | 73 | 4. Term and Termination. |
| 70 | 74 | |
| 71 | 75 | This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, even if you have not expressly or formally accepted this Agreement. This Agreement shall continue in effect until expiration or termination as provided herein (the "Term"). Term-based licenses terminate upon the expiration of the prepaid term, unless you have paid all applicable fees to extend the term. Without prejudice to any other rights, this Agreement will terminate automatically without notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case WebPros may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. You may terminate this License Agreement at any time by providing written notice of your decision to terminate the Agreement to WebPros and ceasing use of the Software and Documentation. Upon any termination or expiration of the Agreement for any reason, you agree to uninstall the Software and either return to WebPros the Software, Documentation, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to WebPros. |
| 72 | 76 | |