This End-User License Agreement (this “Agreement”) is a legal contract between you, as either an individual or an Entity (as defined below), and Plesk International GmbH, Vordergasse 59, 8200 Schaffhausen / Switzerland and its subsidiaries and affiliated companies of the WebPros group of companies (collectively referred to as “Plesk” herein).
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING PLESK PROPRIETARY SOFTWARE, INCLUDING SOFTWARE AS A SERVICE, ACCOMPANIED BY OR REFERENCED IN THIS AGREEMENT (the “SOFTWARE”).
THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY, INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN “ENTITY”) AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT.
IF AT ANY TIME YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK THE “I DO NOT ACCEPT” OR SIMILAR BUTTON, TERMINATE THE DOWNLOAD AND/OR INSTALLATION PROCESS, IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE AND DELETE ANY COPIES YOU MAY HAVE. THIS AGREEMENT, ALONG WITH ANY ADDITIONAL TERMS OR POLICIES INCORPORATED HEREIN BY REFERENCE, REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND PLESK CONCERNING THE SOFTWARE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH PLESK RELATING TO THE SOFTWARE, WHETHER ORALLY OR IN WRITING.
Consent to Use Data. You agree that Plesk 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. Plesk 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 Plesk’s 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 Plesk may collect the IP addresses of servers, on which a Plesk product is installed. As this information may be considered as personal data, Plesk will handle it in accordance to the Plesk Privacy Policy, available at www.Plesk.com/legal and will limit the use of this information for the prevention of fraudulent use of Plesk products. Subject to your consent in accordance to the applicable laws in your region, Plesk’s websites and online services may use “cookies,” which enable you to personalize your experience on Plesk’s sites and provide information to Plesk 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 Plesk’s website.
Plesk 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). By accepting this Agreement, you agree and acknowledge that Plesk 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 Plesk, 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. By implementing and maintaining sufficient technical and organizational measures as requested by applicable data protection laws, Plesk makes sure that your personal data is kept in strictest confidence and protected sufficiently against further disclosure. You may, at your exclusive option and discretion, at any time ask Plesk 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 Plesk 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 Plesk. Please direct your data protection-related requests to privacy@plesk.comLicense Fees.
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 Plesk (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. Your license to the Software will terminate automatically without notice if you notify Plesk 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 Plesk 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 Plesk 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, Plesk reserves the right to make the resulting reduced license fee applicable as of the following full calendar month for the first time. Plesk 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.Term and Termination.
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 Plesk 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 Plesk 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 Plesk 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 Plesk.Indemnification.
You will, at your own expense, indemnify and hold Plesk, 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 Package (as defined below) by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement.Third Party Software.
The Software which is distributed to you may include various third party software components or software services ("Third Party Software" and together with the Software, the “Package”) which are provided under separate license terms (the "Third Party Terms"), as may be described in more detail in the “Notices.txt” file (if applicable) included in the Documentation. Information regarding Third Party Software included in the Package is also available on our website at www.Plesk.com. You are permitted to use the Third Party Software in conjunction with the Software, provided that such use is consistent with the terms of this Agreement. You may have broader rights to use the Third Party Software under the applicable Third Party Terms. Nothing in this Agreement is intended to impose further restrictions on your use of the Third Party Software in accordance with any Third Party Terms. The Software may also enable interoperation with certain other third party operating systems and applications. Plesk does not provide you with any such third party licenses and it is solely your responsibility to obtain all necessary software licenses from respective vendors.EXHIBIT A
Additional Terms for Consumers (End-Customers)
United States
If you acquired the Software and are located in the United States of America, the following terms and conditions supplement the Agreement and therefore also apply to you:
Thirty Day Money Back Guarantee. If you are not completely satisfied with the Software for any reason, you may return the Software, together with your receipt, for a refund of the money you paid for the Software (less shipping, handling, and any applicable taxes) at any time during the thirty (30) day period following the date of purchase.
Australia
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN AUSTRALIA, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
Limited Warranty. The Limited Warranty set forth in section 7.1 of the Agreement only applies for the Warranty Period.
The benefits given to you by the Limited Warranty under clause 7.1 are in addition to other rights and remedies under a law in relation to the goods to which the Limited Warranty relates.
Plesk Software comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Software repaired or replaced if the Software fails to be of acceptable quality and the failure does not amount to a major failure.
Plesk’s details are as follows: Plesk International GmbH, Vordergasse 59, Schaffhausen, Switzerland.
Limitation of Liability. (liability limit) The Australian Consumer Law contains guarantees that protect the purchasers of goods or services in certain circumstances. To the fullest extent permitted by law, the liability of Plesk to you for any loss or claim arising under or in connection with this Agreement that cannot be lawfully excluded under the Australian Consumer Law is limited to:
(replacement) the replacement of the Package and/or Documentation;
(repair) the repair of the Package and/or Documentation;
(replacement price) the payment of the cost of replacing the Package and/or Documentation or of acquiring equivalent goods; or
(repair price) the payment of the cost of having the Package and/or Documentation repaired.
Czech Republic
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN THE CZECH REPUBLIC, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
Audit Rights. During the term of this Agreement and for two (2) years after termination or expiration of this Agreement, Plesk 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 Plesk in the period being audited, or that you have breached any term of this Agreement, then, in addition to any other rights and remedies Plesk may have, you will promptly pay to Plesk any underpayments plus the cost of the audit. Information acquired during the control shall not be provided to any third party, used for commercial purposes and must respect the relevant provisions of the Act no. 121/2000 Coll., on the protection of individuals with regard to the processing of personal data. Information acquired during such audit shall be used only for the purposes of findings related to the Agreement, compliance and license fee payments.
License Fees. 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 Plesk 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.
(1) Right of withdrawal regarding software delivered by download or by electronic key
If you are a consumer you have the following statutory right of withdrawal. You may withdraw from the contract in written form (e.g. letter, fax, email) without giving any grounds and within a period of 14 days.
If you have purchased software by download from the Plesk’s web pages, this provision shall only apply until you started the download. If you have purchased software by an electronic installation key entitling you to download it from third parties, the right of withdrawal shall only be applicable until we send you the key by email. After this point in time, your right of withdrawal expires.
The time limit of 14 days for any assertion of your right of revocation begins at the earliest on the day after the conclusion of the contract and after you have received this instruction in written form but not before we complied with our information obligations under Sec. 53 (4) (6) Czech Civil Code. To comply with the time limit it is sufficient to send the withdrawal notice in due time to Plesk International GmbH, Vordergasse 59, Schaffhausen, Switzerland.
In case of an effective withdrawal the parties shall each return the services received as well as the benefits drawn from utilization (such as the use and enjoyment).
Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the courts situated in Zürich / Switzerland. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts. 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 choice of law does not exclude any imperative consumer protection laws applicable in the country where the customer has his/her usual place of residence.
France
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN FRANCE, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
Proprietary Rights to Software and Trademarks. You acknowledge that the Software and the Documentation are proprietary to Plesk, and the Software and Documentation are protected under United States copyright and other national and international intellectual property laws and international treaties. You further acknowledge and agree that, as between you and Plesk, Plesk and its third party licensors own and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Software or the Documentation or any other intellectual property rights of Plesk, whether by implication, or otherwise. Any and all trademarks or service marks that Plesk uses in connection with the Software or with services rendered by any of Plesk are marks owned by Plesk. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
Term and Termination. 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 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 Plesk may, in addition to any other remedies it may have at law, 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 Plesk 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 Plesk 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 Plesk.
LIMITATION OF LIABILITY. IN NO EVENT SHALL PLESK BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT 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 PLESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PLESK’S TOTAL AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Feedback. If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to Plesk (“Feedback”), regardless of any accompanying communication, Plesk has no obligation to review, consider, or implement your Feedback, all such submissions are made on a non-confidential basis, Plesk and its successors and assigns have an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any compensation or attribution.
Germany
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN GERMANY AND YOU ARE A CONSUMER AS DEFINED IN SECTION 14 OF THE GERMAN CIVIL CODE/BÜRGERLICHES GESETZBUCH (“GERMAN CONSUMER”), THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
Warranty. Plesk will be liable for material defects and defects in title only to the extent necessary according to German Statutory Law. An additional guarantee is only given by Plesk, if explicitly stated in written form.
Limitation of Liability. Sections 8.3. and 8.4. of the Agreement shall not apply for contracts with German Consumers. Instead, Plesk shall only be liable according to the following:
Plesk shall be liable for damages exclusively according to this clause 2. Every other liability for damages shall be excluded.
The liability of Plesk is unlimited for damages arising out of death, injury to body or health based on a breach conducted by a legal representative or designated agent of Plesk, as well as for damages that arose from the lack of a guaranteed characteristic or in case of fraudulent intent.
The liability of Plesk is unlimited for damages caused by Plesk, a legal representative, or designated agent by intent or gross negligence.
In case of a slight negligent breach of a contractual core duty Plesk shall, except in the cases pursuant to clause (ii) and (v) herein, only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment a contractual party regularly may rely on.
Liability pursuant to the German Product Liability Act (“Produkthaftungsgesetz”) remains unaffected.
Governing Law. This Agreement shall be exclusively governed by German law while excluding the United Nations Convention on Contracts for the International Sale of Goods.
Italy
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN ITALY, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Switzerland, without prejudice to the mandatory Italian consumer protection laws in case you are a consumer with your usual place of residence in Italy. Any claim or dispute arising in connection with this Agreement shall be resolved in the courts situated in Zürich / Switzerland. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts. 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.
Poland
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN POLAND, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
Feedback. If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to Plesk (“Feedback”), regardless of any accompanying communication, Plesk has no obligation to review, consider, or implement your Feedback, all such submissions are made on a non-confidential basis, Plesk and its successors and assigns have an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any compensation or attribution, and you refrain from exercising and agree not to assert any so-called “moral rights” you may have in the Feedback.
FURTHER, IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN POLAND AND YOU ARE A CONSUMER AS DEFINED IN APPLICABLE POLISH LAW, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
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 Plesk, 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. 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.
Term and Termination. 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 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 upon seven (7) days 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 Plesk 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 Plesk 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 Plesk 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 Plesk.
Right of Revocation. At any time during the ten (10) day period following the date of purchase of the Software / conclusion of this Agreement, You may, for any reason, return the Software (terminate this Agreement), together with your receipt, for a refund of the money you paid for the Software.
Indemnification. Does not apply.
Limited Warranty. The Limited Warranty does not exclude the statutory warranty provided under the Polish Act on particular conditions of consumers’ sale.
WARRANTY DISCLAIMER. The WARRANTY DISCLAIMER does not exclude the statutory warranty provided under the Polish Act on particular conditions of consumers’ sale.
Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the competent courts of Poland. 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.
Amendment. Plesk reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on www.Plesk.com, provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We encourage you to review the published Agreement from time to time to make yourself aware of changes. Material changes to these terms will be effective upon your first use of the Software with actual knowledge of such change. If there is a conflict between this Agreement and the most current version of this Agreement, posted at www.Plesk.com, the most current version will prevail. Your use of the Software after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement.
Taxes. Does not apply.
Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and Polish versions, the Polish version of this Agreement shall govern.
Russia
IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN RUSSIA, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:
This End-User License Agreement (this “Agreement”) is a legal contract between You, as either an individual or an Entity (as defined below), and Plesk International GmbH and its subsidiaries, including Plesk’s official Russian subsidiary, being a patent / trademark / copyright owner (“Plesk”).
Grant of License. Subject to your full and ongoing compliance with the terms and conditions of this Agreement, including without limitation payment of all applicable license fees, Plesk hereby grants to you, and you accept, a personal, limited, nonexclusive, nontransferable (except as set forth in Section 1.6 below), non-assignable, revocable license to use the Software during the Term in machine-readable, object code form only, and the user manuals accompanying the Software (the “Documentation”), only as authorized in this Agreement. For purposes of this Agreement, the “Software” includes any updates, enhancements, modifications, revisions, or additions to the Software made by Plesk and made available to end-users through Plesk’s web site. Notwithstanding the foregoing, Plesk shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software.
Consent to Use Data. You agree that Plesk 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. Plesk 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 our 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.
Should any personal data as described in the effective applicable law of your jurisdiction be gathered for the purposes as described above, you hereby expressly grant Plesk the right to collect, record, arrange, accumulate, keep, update, extract, use, transfer (including trans-border transfer) access, depersonalize, block, remove your personal data obtained.
LIMITATION OF LIABILITY. IN NO EVENT SHALL PLESK BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU 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, OR OTHERWISE, EVEN IF PLESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PLESK’S TOTAL AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of Russia, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the courts situated in Novosibirsk / Russia, unless specific rules apply to you as a consumer (natural person obtaining license for personal needs). In the latter case the dispute shall be settled in the court duly empowered by the applicable law of your jurisdiction. 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.