Terms and conditions

The following terms and conditions constitute a legal agreement between Exploresoft AS, a company established and operating under the laws of United Kingdom, with company no. 10862165 and address 23 Jennings Road, Saffron Walden, United Kingdom (hereinafter referred to as "Exploresoft") and You. Exploresoft and You hereinafter referred to jointly as "the Parties". The purpose of this Agreement is to state the terms of use governing the use of Exploresoft.

  1. DEFINITIONS

    • "Agreement" shall mean these Terms of Use and Exploresoft's Refund Policy and Privacy Policy referred to herein
    • "Delivery Date" shall mean the invoice date on the invoice from Exploresoft.
    • "Exploresoft" shall mean the subject matter of this Agreement, i.e. the software hosted by Exploresoft on its servers and made available to You under the Agreement
    • "Exploresoft's Website" shall mean www.exploresoft.net
    • "Licence" shall mean the right granted to You in section 3 below to use Exploresoft in accordance with the licensing plan chosen by You
    • "Licence Fee" shall mean the up front fee(s) payable by You for the right to use Exploresoft according to the prices specified at Exploresoft's website
    • "You" shall mean the company or individual purchasing Exploresoft and thereby submitting to the terms and conditions of this Agreement
  2. EXPLORESOFT'S RIGHT TO CHANGE THE AGREEMENT

    Exploresoft may at any time, without notice, modify the Agreement and the price and price structure for Exploresoft. Such modifications shall be published on Exploresoft's website and shall be legally binding for You from the Delivery Date and each renewal of Your License thereafter. It is your responsibility to keep track of such possible modifications in all relevant documents prior to each renewal.

  3. SCOPE OF AGREEMENT

    Exploresoft grants to You, and You accept, a non-exclusive, non-transferable and non-sublicenseable right to use Exploresoft, in accordance with the Agreement. The License covers Exploresoft "as is" at the Delivery Date, subject to modifications in accordance with Section 8 Maintenance and Support, below. When registering an account, You are granted a right to use Exploresoft only as expressly permitted herein. Check out Exploresoft's Refund Policy for more information. Your account shall be used solely by You. You shall not publish or otherwise make Exploresoft available to others, or rent, lease or lend Exploresoft to others. You shall not reverse engineer and/or compile or disassemble Exploresoft. The License is restricted to normal use of Exploresoft that do not adversely affect Exploresoft or other Exploresoft customers' use of or access to Exploresoft, such as generating large volumes of traffic on the network, which greatly impacts the service we offer to other paying customers. You are obliged to not use Exploresoft in any way that could harm it or impair the use of it by any other lawful user.

    You are responsible for compliance with the provisions set forth in the Agreement.

  4. TERM OF AGREEMENT

    This Licence granted under the Agreement commences on the Delivery Date and shall be valid for one year. It is your responsibility to retrieve and backup all account contents before termination.

    Unless explicitly cancelled, the Licence granted under this Agreement shall automatically be renewed for another contract period upon its expiration. Check out Refund Policy for more information. Exploresoft may terminate Exploresoft components without cause, at any time.

  5. PRICE AND PAYMENT

    The prices applicable at any time are listed on Exploresoft's website excl. any applicable VAT. You shall ensure that your contact and payment information at all times is accurate and up-to-date.

  6. INTELLECTUAL PROPERTY RIGHTS

    All Intellectual Property Rights in and related to Exploresoft, are and shall remain owned solely, exclusively and in its entirety by Exploresoft. Nothing in this agreement shall be held or interpreted as transferring any such proprietary rights to You. Any pre-existing intellectual property and other content, including customer data, which You provide or upload to Exploresoft's server under this Agreement shall remain your property. You shall also retain the ownership to all data sets and components you make by using Exploresoft. However, using Exploresoft operates as your consent to grant Exploresoft a worldwide, royalty-free, non-exclusive license to host and use any such content provided by You, and You hereby warrant that You have all the rights necessary to grant Exploresoft such rights. This Agreement entitles Exploresoft to use or make reference to Your name, brand, logo or similar for marketing purposes.

  7. SECURITY

    By using Exploresoft, you accept that the information and data You submit, post or display may be viewed by other users of Exploresoft. You should therefore only provide information and data that are lawful and that You are comfortable sharing with other users obliged by such terms and conditions as set forth herein. You shall in any event not upload, post, host, transmit or in other ways make available to or from Exploresoft unsolicited e-mail or SMS messages, "Spam" messages, worms, viruses, Trojan horses or other code of destructive nature, questionable or illegal content, content that is pornographic, sexually explicit or violent, content that is reasonably likely to cause harm, or that could be reasonably considered as slanderous or libellous and/or could breach the privacy of any third party, or any other unlawful content (including content infringing any Intellectual Property Rights belonging to a third party). Exploresoft shall take reasonable measures to protect Your information and data from loss. Exploresoft is however not responsible for any information or data that may be lost or unrecoverable. It is Your responsibility to always keep a local copy of data that you have uploaded to Exploresoft. Check out Exploresoft's Privacy Policy for more information regarding routines and Your obligations as to confidentiality, security and third-party services. The provisions of this Section 7 shall survive termination of this Agreement for so long as the Confidential Information remains confidential.

  8. MAINTENANCE AND SUPPORT

    Technical support is limited to e-mail support during business hours in time zone GMT. Maintenance releases such as bug fixes and new versions issued during the contract period shall automatically be available to You with no extra cost. Exploresoft does not make any commitment to update Exploresoft.

  9. WARRANTY

    Exploresoft warrants that it has all necessary rights to grant the License, and that Your use of Exploresoft will not infringe any Intellectual Property Rights of any third party. Exploresoft makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Exploresoft does not warrant or make any representations concerning the accuracy, likely results, security or reliability of the use of the Exploresoft.

  10. LIMITATIONS OF LIABILITY

    In no event regardless of any negligence shall Exploresoft be liable for any consequential, incidental, indirect, special or consequential damages, including but not limited to any lost revenue, profits, investments, data, use or lost savings arising out of the use or inability to use Exploresoft even if Exploresoft has been advised of the possibility of such potential loss or damage. Any liability for damages arising out of this Agreement shall in no event exceed the amount received by Exploresoft from You under this Agreement, since its commencement.

  11. INDEMNITY

    Exploresoft will defend, indemnify and hold You harmless against any claim stating that the Exploresoft is violating any third party copyright or patent, provided that:

    1. You promptly notify Exploresoft of the claim stating such violation,
    2. Exploresoft has sole control of the defence and all related settlement negotiations,
    3. You provide Exploresoft with all necessary assistance, information and authority to perform the above.

    If Exploresoft believes that Exploresoft is likely to be subject of an infringement claim it may elect to replace or modify it to make it non-infringing or terminate the Agreement on 6 months written notice to You. Notwithstanding the foregoing, Exploresoft's indemnity obligations under this Section 13 Indemnity shall under any circumstances be limited to the total amount received by Exploresoft from You under this Agreement since its commencement.

  12. GOVERNING LAW AND DISPUTE RESOLUTION

    This Agreement shall be governed and construed in accordance with the laws of the United Kingdom. Any dispute between the parties that may arise in connection with, or as a result of the Agreement and which cannot be settled by mutual agreement shall be settled by proceedings.

  13. OTHER AGREEMENTS

    The terms and conditions of this Agreement, together with Privacy Policy and Refund Policy referred to herein, constitute the entire contract between Exploresoft and You and shall supersede and replace any previous agreement, written or oral, with respect to the subject matter of this Agreement. Any other software or product purchased or licensed by You or made available to You from Exploresoft's website under separate agreement shall be governed by such agreement solely.

  14. NOTICES

    All notices to Exploresoft to be given under this Agreement shall be in writing and shall be delivered by electronic mail to sales@Exploresoft.com Information from Exploresoft to You shall be in writing and shall be delivered by electronic mail to Your email address. It is Your responsibility to ensure that the e-mail address is correct. All notices, demands or other communication given by a party to the other shall be deemed to have been duly given when made in writing and sent to the registered e-mail address. Exploresoft does not take responsibility for lost communication.


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