The acceptance of the terms and conditions of this agreement does not confer any rights of ownership not specified in the present license agreement over the aforementioned Service belonging to Enfortment.
1. License grant
By means of the present agreement, Enfortment grants the licensee a non-exclusive, non-transferable and non-sublicensable license to use the Service in accordance with the terms and conditions established herein.
This license agreement grants the right to use the Service for the period contracted. If the periodic subscription fees are not paid, or when the subscription period has expired, the licensee will lose the rights to access and/or use the Service.
2. Modifications to services
The licensee accepts that during the contracted period, Enfortment may change or modify the Service to adapt to technological advances. The licensee agrees to accept these changes without demanding any compensation whatsoever. Enfortment will notify the licensee of any such changes.
Similarly, when the present license agreement has terminated, in cases of Service renewals, the licensee is aware that the Service and/or characteristics of Service may have been modified to adapt to technological advances and that therefore he/she would have to change to a new Service or version thereof.
By accepting this license agreement, the licensee accepts all such modifications to the characteristics of the Service.
3. Data collection technology
Enfortment informs the licensee that the Service uses data collection technology to collect technical information (including suspicious files) to improve the Service, to adapt it to user preferences and to prevent the unlicensed or illegal use of the Service. The licensee accepts that Enfortment may use such information in order to provide the functionalities offered by the Service. The licensee acknowledges and accepts that Enfortment may provide updates or additions to the Service.
4. Intellectual property rights
All intellectual property rights to the software, websites, data files or other materials such as analyses, designs, documentation, reports, quotations and related preliminary material developed or made available to the licensee on the basis of this agreement shall remain exclusively vested in Enfortment, its licensors or its own suppliers. Licensee shall only acquire those rights of use that are explicitly granted in this agreement and by law.
6. Restrictions and termination
This Service is delivered via the internet and may only be used on a Sitecom router. It may not be lent, rented, leased, given away, donated or transferred to another device.
It is not permitted to:
- work around any technical limitations in the programs that facilitate the Service;
- reverse engineer, decompile or disassemble the programs that facilitate the Service;
- publish or transfer the Service or this agreement to any third party; or
- use the Service for commercial software or (hosting) services.
The licensee may not make any alterations, either wholly or partially, to the programs that facilitate the Service, the Service itself and any other material included with the Service.
Upon termination of the present license agreement, the licensee shall cease to use the Service immediately.
7. High risk environments
This Service has not been designed for and is not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as, but not limited to, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defense systems, life support systems or any other context in which the failure of any software could lead directly to death, personal injury or severe damage to property or the environment. Enfortment specifically disclaims any express or implicit guarantee of the program’s suitability for these types of activities.
8. Limitation on and exclusion of remedies and damages
Enfortment does not warrant that Sitecom Cloud Security will be uninterrupted or error free or that the errors will be corrected. Enfortment does not warrant that Sitecom Cloud Security will meet your requirements. Except as expressly set forth in this agreement, Enfortment disclaims all other warranties, express or implied, with respect to the products, enhancements, maintenance or support related thereto, or any other materials (tangible or intangible) or services supplied by him. Enfortment hereby expressly disclaims any implied warranties and conditions, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-interference, accuracy of data, accuracy of informational content, system integration, and non-infringement of third party rights by filtering, disabling, or removing such third party's software, spyware, adware, cookies, emails, documents, advertisements or the like, whether arising by statute, law, course of dealing, custom and practice, or trade usage.
Anyone using, testing or evaluating Sitecom Cloud Security bears all risk to the quality and performance of Sitecom Cloud Security. In no event shall Enfortment be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of Sitecom Cloud Security, even if Enfortment has been advised of the existence or possibility of such damages.
In no case shall Enfortment's liability exceed the purchase price paid by you for Sitecom Cloud Security. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test Sitecom Cloud Security.
Please note that the Service is not a full replacement for your antivirus-software. Enfortment advises to use the Service besides your antivirus-software.
9. Legal effect
This agreement is governed by Dutch law. This agreement describes certain legal rights. You may also have rights with respect to the party from whom you acquired the Service.
The licensee authorizes Enfortment personnel to visit him/her in order to verify that the conditions of this license are met.
The licensee knows and accepts that Enfortment may take legal proceedings should he/she not adhere to this license agreement. Enfortment reserves the right to terminate the present license agreement automatically without prior notice should the licensee fail to comply with any of the terms and conditions of the present agreement.
If any provision in this agreement is against the law, that provision will be considered void, without affecting the totality of the agreement or implying that the agreement is void.
Any disputes that may arise between Enfortment and licensee on the basis of this agreement, shall be settled by the court of Rotterdam in The Netherlands.
Enfortment expressly reserves all other rights it may have and that are not herein granted to the licensee.