EULA, End User License Agreement
THE XPS LIBRARY END USER LICENSE AGREEMENT,
EULA, (“LICENSE AGREEMENT”)
PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE YOU START USING THE SOFTWARE.
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT. IF YOU ARE A CHILD, YOU MUST ASK ONE OF YOUR PARENTS OR LEGAL GUARDIAN TO READ AND ACCEPT THIS LICENSE AGREEMENT FOR YOU. PARENT(S) OR HOLDER(S) OF PARENTAL RESPONSIBILITY MUST ACCEPT THIS LICENSE AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
BY RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS LICENSE AGREEMENT ON BEHALF OF YOURSELF OR YOUR CHILD AND YOU TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
ALSO RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND ENTITLES YOU THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT OR YOU ARE NOT AN ADULT, YOU MUST ABORT THE INSTALLATION OF THE SOFTWARE AND/OR DELETE THE SOFTWARE.
IF LICENSE CONTRACT OR SIMILAR DOCUMENT ACCOMPANIES SOFTWARE, TERMS OF THE SOFTWARE USE DEFINED IN SUCH DOCUMENT PREVAIL OVER THE CURRENT LICENSE AGREEMENT.
SECTION A. GENERAL PROVISIONS
1.1. Software means software, accompanying/related materials, and Updates, as described in the User Manual.
1.2. Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means THE XPS LIBRARY, a company incorporated according to the laws of the United States of America.
1.3. Computer — the operating system, virtual machine or hardware, including the workstation, mobile device or server for which the Software is intended and/or on which the Software is to be installed and/or used.
1.4. The Standard or Free Version of the Software means the version of the Software provided to users free of charge.
1.5. The Extended or Premium Version of the Software means the version of the Software with functionality available only after activation.
1.6. End User (You/Your) means individual(s) installing or using the Software on their own behalf or who are legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, “You” further means the organization for which the Software is downloaded or installed and it is represented hereby that this organization has authorized the person accepting this License Agreement to do so on its behalf. For purposes hereof the term “organization”, without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
1.7. Partner(s) means organizations or individual(s) who distribute the Software based on an agreement and license with the Rightholder.
1.8. Update(s) — anti-virus databases, improvements, patches, extensions and/or modifications for the Software.
1.9. Software extensions — additional software components and services provided by the Rightholder that extend the functionality of the Software and can be used with the Software or independently of it and for which a new license may need to be acquired or the existing one extended. Some extensions are provided free of charge and others for a fee. You can find out more about these extensions before acquiring them.
1.10. User Manual means user manual, administrator guide, reference book and related explanatory or other materials.
1.11. License Certificate means a document that may be given to the End User which is accompanied by an activation code as well as further information about the license.
1.12. The Web-Portal means the Rightholder’s web resource intended to manage the installed Software and the licenses acquired.
1.13. User Account means the personal section of the Web-Portal created using data provided by the End User when registering at the Web-Portal. The User Account allows the End User to gain access to the Web-Portal to carry out the actions listed under Section A Clause 1.12.
- Grant of License
Trial Version. If you have received, downloaded and/or installed a trial version of the Software and are hereby granted an evaluation license for the Software, you may use the Software only for evaluation purposes and only during the single applicable evaluation period, unless otherwise indicated, from the date of the installation of the trial version. Any use of the Software for other purposes or beyond the applicable evaluation period is strictly prohibited.
Multiple-Environment Software; Multiple-Language Software; Dual-Media Software; Multiple Copies; Bundles. If you use different versions of the Software or different language editions of the Software, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total permitted number of your Computers on which all versions of the Software are installed shall correspond to the number of computers specified in licenses you have obtained from the Rightholder provided that, unless the licensing terms provide otherwise, each acquired license entitles you to install and use the Software on the number of Computer(s) and/or for the number of User Accounts as is specified in Section A Clauses 2.2 and 2.3.
2.2. If the Software was received/acquired via the Internet You have the right to use the Software for the number of Computers and/or User Accounts as was specified when You acquired the license to the Software.
2.3. If the Software was acquired on a physical medium You have the right to use the Software for the number of Computer(s) and/or User Accounts as is specified on the Software package or in the accompanying document.
2.4. You have the right to make a copy of the Software solely for backup purposes and only to replace the legally owned copy if this copy is lost, destroyed or becomes unusable. This backup copy cannot be used for other purposes and must be destroyed when you lose the right to use the Software or when Your license expires or is terminated for any other reason, including reasons specified in Section A Clause 3.15, according to the legislation in force in the country of your principal residence or in the country where You are using the Software.
2.5. You can transfer the non-exclusive license to use the Software to other individuals within the scope of the license granted by the Rightholder to You, provided that the recipient agrees to be bound by all the terms and conditions of this License Agreement and to replace you in full in the license granted by the Rightholder. In case You fully transfer the rights granted from the Rightholder to use the Software You must destroy all copies of the Software, including the backup copy. If You are a recipient of a transferred license You must agree to abide by all the terms and conditions of this License Agreement. If You do not agree to be bound by all the terms and conditions of this License Agreement, You may not install and/or use the Software. You also agree as the recipient of a transferred license that You do not have any additional or better rights than those of the original End User who acquired the Software from the Rightholder.
2.6. After activating the Software (except Software intended for evaluation purposes) within the period specified on the package (if the Software was not acquired via the Internet) or specified during confirming a subscription order or purchasing the Software (if the Software was acquired via the Internet), You will receive automatic Updates and the latest versions of the Software from the Rightholder or its Partners, as well as technical support as per Section A Clause 6.
2.7. To use the Software you may need to connect the Software to the Web-Portal using Your User Account. You are responsible for any actions performed using Your User Account involving the resources of the Rightholder and/or its Partners. You agree that the Rightholder shall not be liable for the unauthorized use of Your User Account.
- Activation and Term
3.1. The period of use for the Standard or Free version of the Software is not limited by the Rightholder.
3.2. If You modify Your Computer or make changes to other vendors’ software installed on it, You may be required by the Rightholder to repeat activation of the Software, the count of which may be limited by the Rightholder.
3.3. If the Software was received/acquired via the Internet, the Software can be used, upon your acceptance of this License Agreement, for the period that was specified during acquisition.
3.4. If the Software was acquired on a physical medium, the Software can be used, upon your acceptance of this License Agreement, for the period that is specified on the package commencing upon acceptance of this License Agreement.
3.5. If you have received the Software from a Partner, the period of use of the Software may be agreed upon between you and the Partner.
3.6. Where there is a License Certificate, the period of use of the Software is specified in the License Certificate.
3.7. Where there is a subscription, the period of use of the Software is specified when confirming the subscription.
3.8. After expiration of the Software license provided for a fee, You may be entitled the right to use the Software free of charge (a free license). In case such a right is granted, the free license will be activated automatically. In addition, the transition to another Software of the Rightholder may be performed.
3.9. If the Software is activated with a free license, the period of Software usage is restricted to 1 (one) year.
If the Rightholder specifies a different license period, the End User shall be duly informed.
At the end of the period, the Rightholder may provide a new limited free license to use the Software. In this case, the Software will be activated automatically.
3.10. If You received from the Rightholder the Software for evaluation purposes as specified in Section A Clause 2.1, information about the period of use of the Software is indicated in the relevant section of the Rightholder’s website or can be obtained using the methods described in the User Manual.
3.11. If the Software acquired was intended for the prolongation of the right to use previously acquired Software, You can repeat activation of the Software only if the activation code for previously acquired Software is presented. In the absence of this activation code, the period of effective use of the Software will be limited in accordance with the information shown when purchasing the license, on the packaging or online resource where you acquired the license.
3.12. Upon expiry of the Software license for the Extended Version of the Software the functionality of the Extended Version of the Software shall be limited to the functionality of the Standard or Free Version of the Software, as described in the User Manual.
3.13. After expiration of the Software license, You may be entitled to continue use of the Software for a defined period of time, while the functionality of the Software may be limited. Details are available at help.xpslibrary.com.
3.14. If You purchased the Software for use on more than one computer, the license period of the Software begins from the date of activation of the first Computer, or is specified in the License Certificate where such a License Certificate exists.
3.15. Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the event of any breach by You of any of the terms and conditions of this License Agreement, the Rightholder shall at any time without notice to You be entitled to withdraw the granted license to use the Software without refunding the purchase price or any part thereof.
3.16. The Rightholder reserves the right to limit the ability to activate the Software to the region in which the Software was intended to be sold from the Rightholder or its Partners. Information about these restrictions is available after completing the purchase of the Software license in accordance with the acquisition method, as specified in Clauses 3.3, 3.4 and 3.5.
3.17. If You have acquired the Software with an activation code valid for the language localization of the Software of the region in which it was acquired from the Rightholder or its Partners, You cannot activate the Software by applying an activation code intended for another language localization.
3.18. In case of limitations specified in Section A Clauses 3.16 and 3.17 information about these limitations is stated on the package and/or in the accompanying document and/or website of the Rightholder and/or its Partners.
3.19. To check the legitimacy of the Software use the Rightholder reserves the right to verify that You have a licensed copy of the Software. If the verification cannot be performed within a certain period of time specified in the User Manual, the Software will work with limited functionality.
- Software components that use geolocation, the camera or GPS functions, as well as other components that supply data from the Computer or interact with the Web-Portal (if applicable)
Terms of this Clause 4 apply if the Software contains the functionality of Anti-Theft. You may check the availability of such functionality by visiting help.xpslibrary.com, selecting the Software, and viewing its respective components and functionality.
4.1. In the event of loss or theft of Computer, if the functionality had been activated within the Software settings by You after the Software’s activation and You explicitly consented to the processing of the personal data, the End User may receive from the Computer information to track the location of the Computer on which the Software is used, as well as to block (unblock) access to the computer or information where the Software is installed by using the Web-Portal and the appropriate parameters described in the User Manual. You agree to use the Software only for its designated purpose and to not violate local laws.
- Technical Support
5.1. The Technical Support is provided to You when the latest Update of the Software is installed (except for a trial version of the Software) in accordance with Technical Support rules.
Technical Support service and its rules are located at: support.xpslibrary.com.
- Receiving informational and advertising materials
6.1. You acknowledge, accept and agree to receive informational materials via the Software from the Rightholders and/or Partners to improve the protection level.
7.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse-engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waiverable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human-readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither the Software’s binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any unauthorized use of the Software shall result in immediate and automatic termination of this License Agreement and the license granted hereunder and may result in criminal and/or civil prosecution against You.
7.2. You shall not transfer the rights to use the Software to any third party except as set forth in Section A Clause 2.5 of this License Agreement.
7.3. You shall not provide the activation code to third parties or allow third parties access to the activation code, which are deemed the confidential data of the Rightholder and you shall exercise reasonable care in protecting the activation code in confidence except for transferring the activation code to third parties as set forth in Section A Clause 2.5 of this License Agreement. You are responsible for the keeping Your activation code confidential during use of the Software.
7.4. The acquired license is granted as a whole, which must not be divided into parts for the purpose of distributing them to third parties on a commercial basis.
7.5. You shall not rent, lease or lend the Software to any third party.
7.6. You shall not use the Software in the creation of data or software used for detection, blocking or treating threats described in the User Manual.
7.7. If You are using the trial version of the Software You do not have the right to receive the Technical Support specified in Section A Clause 6 of this License Agreement and You do not have the right to transfer the license or the rights to use the Software to any third party.
- Limited Warranty and Disclaimer
8.1. The Software is intended to operate as described in the User Manual and, if supported versions of the Software are used, the installation by the End User of all the latest updates for the Software, unless otherwise stipulated in the License Agreement. The list of supported versions is available at support.xpslibrary.com.
8.2. You agree that the Software is supplied with the option of automatic renewal, which provides automatic downloading and installation of enhancements, patches and/or modifications for the Software and components, as well as new versions of the Software.
8.3. You agree that the Software automatically downloads extensions for web browsers, which are necessary to ensure basic functionality of the licensed Software.
8.4. You acknowledge, accept and agree that no software is error-free and You are advised to back up the Computer with the frequency and reliability suitable for You.
8.5. The Rightholder does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this License Agreement.
8.6. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Section A Clause 2.6 of this License Agreement.
8.7. The Rightholder does not guarantee the availability of the functionality of the Software described in the User Manual on expiry of the period specified in Section A Clause 3 of this License Agreement.
8.8. The Rightholder does not guarantee that the Software will work correctly if a malfunction in the Software has been caused by any equipment or software not supplied by AO THE XPS LIBRARY or any of its affiliates.
8.9. The work of the specific functionality of the Software is provided via access and/or use of third-party services as specified in this License Agreement and/or User Manual. Rightholder is not responsible for these third-party services. You further agree that Rightholder shall not be liable for any loss or damage of any sort associated with Your use of the third-party services.
8.10. You acknowledge that the Software will be provisioned with Rightholder standard settings applied by default and that it is Your sole responsibility to configure the Software to satisfy Your own requirements.
8.11. You acknowledge and agree that the Software will engage in actions necessary for performance.
8.12. THE SOFTWARE IS PROVIDED “AS IS” AND THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.
- Exclusion and Limitation of Liability
109 CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE).
NOTHING IN THIS LICENSE AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS LICENSE AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY THAT DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
- GNU and Other Third-Party Licenses
10.1. The Software may include some software programs that are licensed (or sublicensed) to the End User under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the End User to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code “Open-Source Software”). If these licenses require that for any software, which is distributed to someone in an executable binary format, that the source code also be made available to those users, then the source code could be found either supplied with the Software, or could be made available by sending a request to email@example.com. If any Open-Source Software licenses require that the Rightholder provide rights to use, copy or modify an Open-Source Software program that are broader than the rights granted in this License Agreement, then these rights shall take precedence over the rights and restrictions herein.
- Intellectual Property Ownership
11.1. You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software are proprietary intellectual property and/or the valuable trade secrets of the Rightholder or its Partners and that the Rightholder and its Partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patents of the USA, as well as other countries and international treaties.
This License Agreement does not grant You any rights to the intellectual property, including any Trademarks or Service Marks of the Rightholder and/or its Partners (“Trademarks”). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner’s name. Such use of any Trademark does not give you any rights of ownership in that Trademark.
The Rightholder and/or its Partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Rightholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein.
Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this License Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this License Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the license, as further defined herein, granted under this License Agreement only provides you with a right of limited use under the terms and conditions of this License Agreement. Rightholder reserves all rights not expressly granted to you in this License Agreement.
11.2. You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.
11.3. Violation of the intellectual rights to the Software shall result in civil, administrative or criminal liability in accordance with the law.
- Governing Law
12.1. Except as provided in Sections A Clauses 12.2 and 12.3 below, this License Agreement shall be governed by and construed in accordance the laws specified below for the country or territory in which You obtained the Software, without reference to or application of conflicts of laws principles:
- Russia. If you obtained the Software in Russia, the laws of the Russia.
- United States, Puerto Rico, American Samoa, Guam, and U.S. Virgin Islands. If you obtained the Software in the United States, Puerto Rico, American Samoa, Guam or the U.S. Virgin Islands, the laws of the Commonwealth of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury.
- Canada. If you obtained the Software in Canada, the laws of the Province of Ontario.
- Mexico. If you obtained the Software in Mexico, the federal laws of the Republic of Mexico.
- European Union (EU). If you obtained the Software in a member country of the EU, the laws of Germany.
- Australia. If you obtained the Software in Australia, the laws of the State or Territory in which you obtained the license.
- Hong Kong Special Administrative Region (SAR) and Macau SAR. If you obtained the Software in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR.
- Taiwan. If you obtained the Software in Taiwan, the laws of Taiwan.
- Japan. If you obtained the Software in Japan, the laws of Japan.
- Any Other Country or Territory. If you choose to obtain the Software in another country, the substantive laws of the country where the purchase took place will be in effect.
12.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this License Agreement is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Section A Clause 12.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
12.3. This License 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.
12.4. The End User is responsible for contacting only the Rightholder or their Partners directly if having any problems with the product.
- Period for Bringing Actions
13.1. No action, regardless of form, arising out of the transactions under this License Agreement may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
- Entire Agreement; Severability; No Waiver
14.1. This License Agreement is the entire agreement between you and Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to the subject matter of this License Agreement. You acknowledge that you have read this License Agreement, understand it and agree to be bound by its terms. If any provision of this License Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire License Agreement will not fail on account thereof and the balance of the License Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Rightholder provided that no waiver of any breach of any provisions of this License Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Rightholder’s failure to insist upon or enforce strict performance of any provision of this License Agreement or any right shall not be construed as a waiver of any such provision or right.
- Class Action Waiver and Binding Arbitration
15.1. If you reside in the United States, this Clause 16 from Section A applies to you. If a dispute, claim, or controversy of any kind with respect to any Rightholder product, service, or any part of this License Agreement, arises between You and Rightholder or You and a third-party affiliate of Rightholder, and both parties couldn’t resolve the dispute informally within a reasonable period of time, You and the other party agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. In the event of a binding individual arbitration proceeding between parties, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. If any conflict exists between this License Agreement and the rules of the AAA, this License Agreement shall govern.
15.2. Any proceedings, including but not limited to class action lawsuits, class-wide arbitrations, private attorney-general actions, the combining of individual actions without the consent of all parties, or any other legal procedure where someone acts in a representative capacity, are not permitted. By accepting this License Agreement, You agree not to begin or participate in any of the above mentioned class and multi-party proceedings, and any action pursued by You and remedy, if any awarded to You, must be on an individual basis, as provided in this clause. You may contact the Rightholder or their Partners directly if having any problems with the product.
15.3. Any dispute, claim, or controversy concerning Rightholder’s intellectual property rights, their enforcement, validity, etc., and any claim pertaining to any form of unauthorized use, including but not limited to theft and piracy, of any Rightholder product or service are not subject to this arbitration clause.
- Rightholder Contact Information
Should you have any questions concerning this License Agreement, or if you desire to contact the Rightholder for any reason, please contact our Customer Service Department at:
THE XPS LIBRARY, 1091 Vineyard View Way S
Salem, Oregon 97306
Web site: https://xpslibrary.com
SECTION B. CONDITIONS REGARDING DATA PROCESSING
Please read the conditions of the Section “Conditions regarding data processing.” This Section describes data received from You and/or from Your Computer and the manner by which the Rightholder will process data for the performance of this License Agreement. If the Software is used within a legal entity or on the Computer used by several individuals, You must ensure that they have understood and accepted the conditions of the Section “Conditions regarding data processing” before they use the Software.
- For the Rightholder and/or its Partners to fulfill their obligations under this License Agreement, the Rightholder needs to receive and process information described in the Section B Clauses 1.1 and 1.2 for the declared purposes. Such information may be considered personal according to applicable laws of certain countries.
Only data specified for the relevant Software under Section B Clause 1.2 will be processed together with data specified in Section B Clause 1.1.
1.1. DATA PROCESSED FOR ALL SOFTWARE SPECIFIED IN SECTION B CLAUSE 1.2
- Software activation and verification of the legality of Software use.
The Rightholder has to verify that the license You will use is legal during activation and use of the Software. To do so the Rightholder has to process and receive the following information about the Software, the license You have acquired, and the Computer where You will install the Software, specifically: the type, version and localization of the installed Software, versions of the installed updates, the identifier of the Computer and the identifier of the Software installation on the Computer, the activation code and the unique identifier of activation of the current license, the type, version and word size of the operating system, the name of the virtual environment if the Software is installed in the virtual environment, and identifiers of the Software components that are active at the time the information is provided.
- Management of Computer protection and acquired licenses via the Web-Portal.
The Web Portal helps You remotely manage Your acquired licenses and the protection of your Computer. This functionality requires that the Rightholder receive from Your Computer and process information about the Software, the acquired license, information about the Computer, specifically:
– product activation code, status and type of the activated license, information about license activation error, expiration date of effective license validity period, information about additional installed licenses.
– device type, information about the version of the operating system installed on the device and installed service packs.
– name of the Computer on the network (domain names).
– regional parameters of the operating system (information about the time zone, default keyboard layout, language of the interface).
– information about installed Software of the Rightholder, Software operating mode and the status of the antivirus Computer protection: Software version, unique ID of installation of the Software on the Computer, the unique ID of the Computer, ID of the THE XPS LIBRARY account.
– versions of used antivirus databases and the time of their last update.
– status of the protection components, the list of detected and ignored security problems.
– one-time password for registering the device on the THE XPS LIBRARY website, the reason for disconnecting from the THE XPS LIBRARY website.
– information about detected weak security settings of the Computer with indication whether these settings can be fixed remotely.
– partner’s rebranding code.
– page identifier, country and region of the THE XPS LIBRARY website.
– version of the used protocol.
- Performance of core functionality common to all Software.
The core functionality of the Software as described in the User Manual is to protect the End User from known threats to information security. To provide this core functionality, while You are using the Software the Rightholder has to receive from Your Computer and process information about the installed Software, the acquired license, the scanned objects, detected threats and infections on the Computer, information about the Computer and devices connected thereto, the Computer’s activity on the internet, specifically:
– data to obtain the authorization session token.
– connecting Software to The XPS Library website.
– information about sites visited: the site’s web-address, the initial domain parts of web-addresses which the user entered in the browser address line or opened from search systems.
– the row with information about linking the activation code with the user, which includes: the unique user identifier on the THE XPS LIBRARY website, the Software activation code, the license ownership type (owner / not owner), the KPC Infra signature.
– hash of the checked object, country and region of the THE XPS LIBRARY site from which the trial version of the Software was downloaded.
– user e-mail which is used to connect to the THE XPS LIBRARY website.
– the page on the THE XPS LIBRARY website to which the link from the Software directs.
– information indicating the element of the interface from which the user decided to purchase the Software.
– software activation code, purchased activation codes, Software activation date, activation error, expiration date and time of expiration of the active license during Software installation, number of days that elapsed since Software activation, number of days left before license expiration, number of days that elapsed since license expiration, total number of days of license activity, type of installed license, license activation date, license expiration date, license key serial number, license ID, current license status, validity period of the installed license, title of the license ticket.
– data about the license for identifying a group of users by additional properties of the subscription license.
– data about the license for identifying a group of users of the company that purchased the license by the information comment in the license properties.
– build number of the Software without autopatches.
– status of the user’s acceptance of the terms of the agreement, type of agreement, version of the agreement.
– code of the Software localization alphabet according to ISO 15924.
– type of installed Software, country code according to ISO 3166-1 Alpha-2, Software localization.
– version of the installed Software.
– network name of the device, device platform, operating system type (for example, Windows, MacOS).
– identifier that is issued by the service upon successful registration of the Software (service) and is used to authenticate and register services on this device thereafter.
– type of the token, device type, unique identifier of the device on the THE XPS LIBRARY website. The activation service uses this parameter to get the following information: user account ID, ID of the device on which the Software was installed, service identifier (it can contain several identifiers if several products are installed on the device).
– user’s email address that the user enters when making a purchase in the user interface of the Software.
– subscription type, user device ID, Software version patch, Software installation date.
– unique identifier that is generated when THE XPS LIBRARY Software is installed on a Computer for the first time and is not changed when the Software is reinstalled.
– service parameter indicating that the purchase will occur within the Software window.
– parameter indicating whether the user is subscribed to the THE XPS LIBRARY’s Facebook page.
– information for registering the Software on the THE XPS LIBRARY website: user ID, device ID and Software information.
– information about the trial version of the Software.
– information about the activated license: the identifier and the validity period.
– general information about the licenses in the Software.
– the language code of the Software according to ISO 639-1.
– the time of acceptance of the agreement.
– hash of the identifier of the user’s Computer.
– date and time on the user’s Computer.
– hash of the checked object.
– identifier of the partner who sold the license.
– previous ID of the Software on the THE XPS LIBRARY website.
– one-time password for automatic connection of the Software downloaded from the THE XPS LIBRARY account.
– number of the order for which the license was purchased.
– bitness of the operating system (for example, 32-bit or 64-bit).
– family of the operating system (for example, Windows or Mac).
– operating system version.
– country in which the partner who sold the license is located.
– number of the order for which the license was sold used by the partner.
– full name of the partner for whom the order for the license was issued.
– ID of the price list position for which the license was issued.
– ID of the Software installation.
– information about the reasons for disconnecting the Software from the THE XPS LIBRARY website.
– Software rebranding identifier.
– Software activation code that is currently in use.
– identifier of the Software for which the license is intended.
– protocol over which the statistical data was received (for example, HTTPS or TCP).
– version of the protocol for interaction between the Software and the marketing messages.
– Software identifier.
– identifier of the information pattern that is used when granting the license.
– identifier of the service of the Software that transferred the license activation request.
– identifier of launching of the Software update.
– current status of the subscription.
– reason for the current status/modification of the subscription.
– subscription expiration date.
– set of identifiers of the applications that can be activated on the user’s Computer.
– license ID.
– date and time of sending of statistics.
– identifier of the user’s action type.
1.2. DATA PROCESSED FOR RELEVANT SOFTWARE’S CORE FUNCTIONALITY
The data to be processed depend on which Software You use or later switch to.
- The XPS Library
The core functionality of the Software as described in the User Manual is to protect the user from known threats to information security. To provide this core functionality, while You are using the Software the Rightholder has to receive from Your Computer and process:
– information about connection to a Wi-Fi network.
– web address of the service used to connect to the Internet.
– ID of the access point.
– ID of the Wi-Fi network.
– Wi-Fi network name.
– WPS settings of the access point, DHCP settings of the access point, information about the nearest available Wi-Fi networks (name, protocol type, signal strength), authentication type of the access point, encryption type of the access point.
© 2019 THE XPS LIBRARY. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.