End User License Agreement
END-USER LICENSE AGREEMENT (EULA)
READ THIS END-USER LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS “THE AGREEMENT”) CAREFULLY BEFORE INSTALLING, ACCESSING, COPYING OR USING THE LICENSED SOFTWARE ACCOMPANYING THIS AGREEMENT. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS SOFTWARE AND DISCONTINUE ITS USE.
“Account” means all VPN Services accounts or instances provided by the Company and created by or on behalf of Subscriber within the Service.
“Subscriber” shall mean any individual or entity creating an account on our website and is also referred to as User or Licensee.
“Software” shall for purposes of this EULA, mean such software, together with all components thereof and all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions, whether provided to you via download, automatically without additional consent or action on your part or otherwise, and any and all accompanying documentation, files and materials.
“Company” shall mean Hoxx VPN Services, Taskin Onur, Baumeister-Specht-Str.2, 88161 Lindenberg, Germany
“Documentation” means any written or electronic record, images, video, text or sounds which describes the functions and processes of the service provided or is made available to the User/Subscriber through the VPN Services or from our website or otherwise.
“Service Plan” means the services offered by the Company for the specified duration on the demand by the Subscriber.
“Site” means hoxx.com and all other website owned or operated by the Company or its subsidiaries or subdomains.
“Subscription Period” means the Period as prescribed under this agreement for which the user has agreed to subscribe to the Service.
“User Data” means all electronic data, text messages or other materials submitted to the Company by the User or Subscriber in connection with the use of the services provided by the company.
“VPN Services” means a virtual private network (“VPN”) or HTTP/HTTPS Proxy service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network.
- LICENSE GRANT:
Subject to these Terms, the Company grants the user a personal, non-exclusive, non-transferable, limited and revocable license to use the software for personal use only on a device owned or controlled by user. Although we do not guarantee that our software supports all platforms or operating systems, the software supports only a limited number of platforms. The user accepts that buying an account does not guarantee that the software can be used with all kinds of platforms e.g. Mobile Phones etc. Any use of the Software in any other manner, including, without limitation, resale, transfer, modification or distribution of the Software or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Software (“Content”) is prohibited. This agreement also governs any updates to, or supplements or replacements for, this software unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply. The Company does not offer any guarantee to provide backup services for any information even though the Company servers are backed up.
- SUBSCRIBERS ACCOUNT:
4.1 In order to use this software, the user shall have to subscribe to our services and download the software on the devices owned and controlled by them and then create a user-id on it. Once the user-id is created, the user shall be assigned a password. Once the user-id is created, and the password is assigned to the user, the user shall be able to access our VPN services. The user can subscribe to our VPN services for the period as selected by them (i.e. for 1 month, 6 months or 1 year) depending upon the number of licenses purchased by the user to use the software and thus to subscribe to our VPN Services. We also require that client needs to confirm registration by email verification. By doing so, we ensure that email address is correct. Account is not ready unless this has been done.
4.2 We may from time to time request the users to reapprove their email addresses.
4.3 We may request our registered users to verify their phone numbers via SMS or phone call verification.
The user shall make the payments for buying a package or subscribing to a plan in order to use our software that shall be made using a credit card or a debit card or by using PayPal. The choice of method of payment shall be made by the Company and thus the user shall have to make the payment accordingly with the prescribed mode of payment.
- RESTRICTIONS AND PROHIBITION:
6.1 The foregoing rights in and to the software are the only rights granted to you in connection with this EULA, and any and all rights not expressly granted to you by the license are expressly and fully reserved by us and/or our licensors. Your license and right to access and use the software are limited to devices owned or controlled by you. Except as specifically provided in this EULA or for backup or archival purposes specifically permitted by law, you may not use or make any other copies of the software. In addition, you are not permitted to distribute, transmit, sublicense, permitted to tamper with or attempt to bypass, modify, defeat or otherwise circumvent the operation of the software or alter, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover or disclose the source code or underlying programming or architecture.
6.2 The Users shall not be allowed to use websites that are illegal in their residential Countries, including but not limited to the United States of America, Germany, Turkey, United Kingdom, and France. For the purpose of this, we save all the related logs for an unlimited duration of time. We keep the logs of the websites visited by the users through our VPN Services. For the safety concerns, we also keep the record of respective IP addresses of the Users. Any deletion of such saved logs shall be made at the discretion of the Company.
6.3 If we suspect any illegal activities through the use of our VPN services or receive any complaint of any such illegal activities, we shall in such circumstances, assist the legal authorities to investigate such illegal activities and share information with them in case if required by them. In the view of any illegal activities done through our VPN Services, we may cancel any paid accounts at any time, and there shall not be any refund from us for such cancelation for the reason of the user being engaged in any illegal activities.
6.4 The User shall be responsible for all activities and actions made on the visited websites. The Company shall not be liable in any way for the activities and actions made by the user on the visited websites.
6.5 We do not allow the user to change their email addresses. If a user loses access to their email address, then the user shall lose access to our services as we do not transfer rights to other/new email addresses.
- OUR RIGHTS
7.1 In order to identify the Users, we may, at any given time, have the right to tag them by using HTTP Headers.
7.2 We send errors inside browser or computer to our servers for statistical reasons and to improve our services.
7.3 We have the right to blacklist certain websites or IP’s. When we blacklist website/IP, then our proxies will not connect to them and the user’s IP address will then be exposed for which we shall not at any time be held responsible or liable. This list can be extended any time at our sole discretion.
We may promote our services/products from time to time. We do not offer any discounts to our existing clients during our promotions. Thus, anyone purchased a package before the promotion shall not be entitled to any discount at this promotion period.
- PROPRIETARY RIGHTS
The software or the copy of the software is licensed and not sold to you. You acknowledge that the Company owns all rights, title, and interest, including without limitation all Intellectual Property Rights, in and to the software or products through or in conjunction with the software. “Intellectual Property Rights” means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree not to remove, obscure, or alter our copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the software. The Company reserves all rights not expressly granted to you. Licensee recognizes that the Company regards the licensed programs as its proprietary information and as confidential trade secrets of great value. Licensee agrees not to provide or to make otherwise available in any form the licensed programs, or any portion thereof, to any person other than employees of the licensee without the prior written consent of Licensor. Licensee further agrees to treat the licensed programs with at least the same degree of care with which licensee treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the licensed programs.
- PATENT AND COPYRIGHT INDEMNITY
The Company will defend at its own expense any action brought against the licensee to the extent it is based on a claim that the licensed programs used within the scope of the license granted hereunder infringe any proprietary right of a third party. The Company will pay any costs, damages or attorney fees finally awarded against Licensee in such action that are attributable to such claim, provided the licensor be promptly notified in writing of such claim, may control the defence and/or settlement of such claim, and is provided with all requested assistance, information, and authority. In the event that a licensed program becomes, or in the Company’s opinion is likely to become, the subject of a claim of infringement of an applicable patent law, copyright or trade secret, The Company may at its option either secure licensee’s right to continue using the licensed programs, replace or modify the licensed programs to make them not infringing, or provide Licensee with a refund of the license fee less depreciation on a year, straight-line basis. The Licensor shall have no liability for any claim of patent, copyright or trade secret infringement based on the use of a licensed program in any form other than the original, unmodified form provided to licensee or the use of a combination of the licensed programs with hardware, software or data not supplied by the Company where the used licensed programs alone in their original, unmodified form would not constitute an infringement. The foregoing states licensee’s entire liability for infringement or claims of infringement of patents, copyrights or other intellectual property right.
11.1 Scope: The term confidential information means all trade secrets, know-how, software and other financial, business or technical information of Licensor or any of its suppliers that is disclosed by or for Licensor in relation to this agreement, but not including any information. Licensee can demonstrate (a) rightfully furnished to it without restriction by a third party without breach of any obligation to the licensor, (b) generally available to the public without breach of this Agreement or (c) independently developed by it without reliance on such information. The Licensed Products are licensor’s confidential information.
11.2 Confidentiality: Except for the specific rights granted by this agreement, the licensee shall not possess, use or disclose any confidential information without licensor’s prior written consent, and shall use reasonable care to protect the confidential information. Licensee shall be responsible for any breach of confidentiality by its employees.
12.TERM AND TERMINATION
12.1 Term: This Agreement shall commence on the effective date and continue in effect indefinitely until terminated as provided herein.
12.2 Termination: Licensee may terminate this Agreement at any time for its convenience upon written notice to the licensor. This Agreement shall automatically terminate without further action by any party, immediately upon any material breach by the licensee of any limitation or restriction set forth in this agreement.
12.3 The Company may also cancel/terminate FREE accounts at any time without prior notification to the user. All expired premium accounts shall automatically be downgraded to free accounts at the end of subscription period.
12.4 Any paid account shall terminate automatically on the date of the end of the subscription period without any notification from the Company and the Company shall not be bound to extend such accounts for a further period. The Company may discontinue its services at any time on its Sole discretion. Having an account for any paid service shall not mean that the services are provided for an unlimited duration.
12.5 User shall have the right to delete/close his/her account at any time. Once the user deletes or closes his account, then the user shall no longer be able to access our services. All logs etc. created by Users shall no longer be accessible by them when they delete/close their accounts, but such logs shall not be deleted from our servers even when the users delete/close their accounts.
12.5 Effects of Termination: Upon termination of this Agreement for any reason, all rights, obligations and licenses of the parties hereunder shall cease, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, any payment obligation) and any remedies for breach of this Agreement shall survive any termination, (b) Licensee shall promptly return or destroy all of the licensed products and other tangible confidential information, and permanently erase all confidential information from any computer and storage media and (c) the provisions of limitations, payments, confidentiality, intellectual property rights, warranty disclaimers, limitation of liability, effects of termination, general provisions shall survive.
12.6 Nothing in this section shall limit our options before the law or other legal remedies.
- CHANGE IN POLICIES
The Company reserves the right to change these policies at any time. While it is not our intention to do so, there may be factors outside of our control that require us to implement changes to our policies.
The User shall have the option to cancel their account and to get the full refund (“Money Back Guarantee”) within 14 days of the first payment made for subscribing our VPN services. Any claim for refund by the subscriber beyond the period of 14 days as mentioned above may be entertained, in the sole discretion of the Company, only if such subscriber can prove that the services were not available or usable during the subscription period, and every reasonable effort was made in that regard to the Company for resuming the Services. The Company may refund on the pro-rata basis for service fees paid by the Subscriber during the period for which the services were not available or usable. The refunds are generally processed within a week’s time (7 Days) from the date when the purchase was made via the respective mode of payment. The refunds shall be made in USD, and it may be possible that such refund amounts could differ from the amount what was paid originally in local currency or bitcoin. The “Money Back Guarantee” shall not be applicable in the cases when 5 or more accounts are purchased under any scheme or the volume-licensing program for the time being in force.
- UPGRADE POLICY
15.1 The Company shall provide improved versions of the software free of charge, especially when a new version mainly consists of minor improvements and fixes. However, from time to time there will be new versions that require rewrites of the Software or parts of the Software. This process requires significant research, design, development and testing time. In those situations and on a case-by-case basis, the Company reserves the right to require a fee for upgrading to the new and improved version of the Software. Given the resources it would take, we would hate to withhold implementing these improvements purely based on financial decisions; charging a nominal fee for updates is the only way to accomplish this. If you do not feel new functionality is worth the upgrade you can always stay with your current version.
15.2 We highly recommend subscribing to our newsletter to be informed about both minor and major updates to your Software. Also, this is usually the best way to get a ‘good deal’ on both new Software and new functionality releases.
- MAINTENANCE SUPPORT
16.1 Licensor will provide to Licensee the following support with respect to the software:
- a) If during the first (1st) 6 months of this Agreement, Licensee notifies Licensor of a substantial program error respecting the software, or licensor has reason to believe that error exists in the software, and so notifies licensee, licensor shall at its expense verify and attempt to correct such error within thirty (30) working days after the date of notification. If the licensee is not satisfied with the correction, then Licensee may terminate this agreement, but without refund of any amount paid to licensee or release of any amounts due to licensor at the time of termination.
16.2 In the case that licensee has technical questions in the use of the software during the tenure of this agreement, the licensee may submit those questions to licensor on e-mail or raise a support ticket, and the Licensor shall provide consulting to answer such questions without charge to licensee till the license is valid.
- DISCONTINUED PURCHASE POLICY
As technology on the Internet evolves there are times we may need to discontinue a program, theme, graphic, etc. When that happens, these are removed from our website and will no longer be accessible through the customer care center. We suggest you always keep local backups of all purchases so that you have them available to you.
- DATA COLLECTION AND USE
- THIRD PARTY PRODUCTS/PLUGINS
If you use third party products/plugins not provided to you by us, then we shall in no case be held liable or responsible for the use of such third party products by you. The services may enable you to add links to Web sites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of such third parties. We are not responsible for any third-party Web sites, or third party content provided on or through the services and you bear all risks associated with the access and use of such Web sites and third-party content, products, and services. We shall also ban the users from using our services in case they use third party products/plugins.
The licensor will ensure to provide the best uptime and performance. However, the Licensor will not be responsible for any server down time. We take all reasonable steps to ensure that this Website is available. However, websites do sometimes encounter downtime due to the server and, other technical issues. Therefore, we will not be liable if this website is unavailable at any time. This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
- BACKUPS AND DATA LOSS
We may perform backups of User’s data/content. We make every effort to ensure that these backups are valid. We assume no liability for any information published to any server including all user web site content, related files, backup files, databases or mail belonging to any user hosted at our website. Backup arrangements for user content for any frequency other than the standard backup frequency must be made by written contract, and acceptance by us and any such contract will be subject to premium monthly charges. We assume no liability for lost content in the event hardware or system failure occurs, and data maintained on the effected servers cannot be recovered from the most recent backups. It is the sole responsibility of account owner/user to ensure that they maintain their own backup copy of any materials placed on our Servers, or of any database maintained on any server operated by us in the event we are unable to restore customer content from the backup. At no time shall we assume any liability for lost customer data/content.
- DMCA POLICY
22.1 It is our policy to respond to clear notices of alleged infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To file a notice of infringement with us, you must provide a written communication (by fax or regular mail or by email) that sets forth the items specified below:-
- Identify the copyrighted work that you claim has been infringed, or if this Notice covers multiple copyrighted works then you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic signature.
- Email the above to: email@example.com
- DMCA COUNTER-NOTIFICATION:
23.1 Pursuant to sections 512(g)(2) and (3) of the United States Digital Millennium Copyright Act, the user, may make a counter notification. To file a counter notification with us, you must provide a written communication by email that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following steps:
- Identify the name of the specific URL’s/Site with respect to which we have blocked access.
- Please send us your full contact info including your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”
- Provide your full legal name and your electronic signature.
Email the above to: firstname.lastname@example.org with the words “DMCA Counter Notification” in the subject line.
- DISCLAIMER OF WARRANTY
THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT/EULA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE AND YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND/OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOFTWARE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY DOES NOT GUARANTEE, WARRANT OR REPRESENT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF USE OF THE SOFTWARE SHALL BE UNINTERRUPTED, COMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE, FREE OF COMPUTER VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, USING AND/OR DISTRIBUTING THE SOFTWARE.
- LIMITATIONS OF LIABILITY
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, BUSINESS AND PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS, SUPPLIERS, RESELLERS AND CONTRACTORS SHALL, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM ANY USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS EULA.
YOU FURTHER ACKNOWLEDGE AND AGREE YOUR SOLE RIGHT AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE ASSOCIATED WITH THE SOFTWARE OR THIS EULA, EVEN IF YOU CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE, SHALL BE TO HAVE THE COMPANY, UPON WRITTEN NOTICE FROM YOU, ATTEMPT TO REPAIR, CORRECT OR REPLACE THE SOFTWARE. IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE IN THE SOLE AND ABSOLUTE DISCRETION OF THE COMPANY, EITHER YOU OR THE COMPANY SHALL HAVE THE RIGHT TO TERMINATE AND DISCONTINUE YOUR USE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS EULA MAY NOT APPLY TO YOU.
You agree to defend the Company, its parent, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “the Company Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the Company indemnified parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this EULA, infringement, misappropriation or any violation of the rights of any other party, violation or non-compliance with any law or regulation, the breach or violation of any term or condition of your agreement with us, any use, alteration or export of the Software or otherwise in connection with this EULA. We reserve the right to assume, at our expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to cooperate fully with us upon our request.
- EXPORT RESTRICTIONS
Software downloads available from the website of the Company include cryptographic software. Thus, the use of the software may be subject to certain export restrictions of the Countries where the user resides. If you are (a) in a country to which export from any other Country is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which any other country has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in any other country export transactions by any agency of that Country, then you may not install, download, access, use, or license our software. By accepting this license, you warrant and represent to the Company that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export the Software to any country, person, or entity subject to export restrictions in the Country where the user resides, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither any Government Body or any federal agency, has suspended, revoked, or denied your export privileges.
- PRIVACY AND OTHER USER AGREEMENTS
- FORCE MAJEURE
Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, vendors, or products; acts of God or of the public enemy; governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.
- DISPUTE RESOLUTION
If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and the Company agree that we will resolve any claim or controversy at law or equity that arises out of this Licensed Software (a “Claim”) in accordance with the provisions contained in this agreement or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by visiting contact us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- GENERAL PROVISIONS
31.1 Governing Law: This EULA and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the laws of Germany applicable to contracts wholly made and to be performed in Germany. You agree to irrevocably submit to the sole and exclusive jurisdiction of the courts of Germany.
31.2 Amendments: No amendment, modification, waiver or discharge of any provision of this EULA shall be valid unless made in writing and signed by an authorized representative of the Company.
31.3 Waiver: No failure or delay by the Company to exercise any right or enforce any obligation shall impair or be construed as a waiver or on-going waiver of that or any or other right or power unless made in writing and signed by the Company.
31.4 Severability: If any provision of this EULA is held to be illegal, invalid or unenforceable, the remaining provisions of this EULA shall be unimpaired and remain in full force and effect.
31.5 Remedies: Unless specifically provided otherwise, each right and remedy in this Agreement are in addition to any other right or remedy, at law or in equity. Licensee agrees that, in the event of any breach or threatened breach, the licensor will suffer irreparable damage for which there is no adequate remedy at law. Accordingly, the licensor shall be entitled to injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of proving actual damages or posting any bond.
31.6 Notices: Any notice or communication hereunder shall be in writing and either personally delivered or sent via confirmed facsimile, recognized express delivery courier or certified or registered mail, prepaid and return receipt requested. Notices shall be delivered to the address specified by the licensee or to the address above for Licensor, as the case may be, or at such other address designated in a subsequent notice. Consents and approvals required under this agreement may be provided electronically if they are provided in a jurisdiction that recognizes electronic signatures as enforceable under the particular circumstances.
All notices shall be in English, effective upon receipt or, if refused, five (5) business days after being sent as set forth above.
31.7 Assignment: This Agreement and the rights and obligations hereunder are personal to the licensee, and may not be assigned or otherwise transferred, in whole or in part, without licensor’s prior written consent. Any attempt to do otherwise shall be void and of no effect. Without licensee’s consent, the licensor may assign this Agreement to any third party. This agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
31.8 Independent Contractors: The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
31.9 Basis of Bargain: Each Party recognizes and agrees that the warranty disclaimers and liability and remedy limitations are material bargained for basis of this agreement and that they have been taken into account by each party and reflected in determining the consideration to be given by each party hereunder and in the decision to enter into this agreement.
31.10 Electronic Agreement: You understand and agree that we transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us. By using our service or registering with us, you represent that you have the necessary equipment, software and Internet access to read, review, print, and store any terms or notices that we provide to you. Your affirmative acts of either (i) accessing and using our licensed Software, or (ii) registering with us, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.
31.11 Entire Agreement: This agreement constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties about the subject matter of this agreement. Terms set forth in licensee’s purchase order (or any similar document) that is in addition to or at variance with the terms of this agreement is specifically waived by the licensee. All such terms are considered to be proposed material alterations of this Agreement and are hereby rejected.
Licensee acknowledges that (a) Licensee has read and understood this agreement, (b) it has had an opportunity to have its legal counsel review this Agreement, (c) this Agreement has the same force and effect as a signed agreement, (d) Licensor requires identification of the user and licensee before issuing this license and (e) issuance of this license does not constitute general publication of the Licensed Software or any other Confidential Information.
DATED: October 18, 2015, Hoxx VPN Services, Lindenberg i. Allgäu, Germany