License Agreement ------------------ IMPORTANT: Please read this License Agreement (the "Agreement") carefully before downloading or using W4 MAUTIC DSGVO-PLUGIN. By downloading or using the W4 MAUTIC DSGVO-PLUGIN, you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree to the terms of this Agreement, do not download or use the W4 MAUTIC DSGVO-PLUGIN. This Agreement is an agreement between you, the legal or natural person who is being licensed to use the W4 MAUTIC DSGVO-PLUGIN), and W4 Services GmbH, a private limited liability company registered under the laws of the Swiss Confederation with registration number CHE-110.044.583 („W4“). The Agreement applies to the W4 MAUTIC DSGVO-PLUGIN from W4. Unless you have a different license agreement signed by W4, your use of the W4 MAUTIC DSGVO-PLUGIN indicates your acceptance of this Agreement and its terms. The Agreement becomes effective at the moment when you acquire W4 MAUTIC DSGVO-PLUGIN from our site or receive it through email or on data medium or by any other means. W4 reserves the right to make reasonable changes to the terms of this license agreement and impose its clauses at any given time. 1. GRANT OF LICENSE By purchasing W4 MAUTIC DSGVO-PLUGIN: Customer will receive source code open 100%. W4 hereby grants to the Customer a non-exclusive and non-transferable license to use the W4 MAUTIC DSGVO-PLUGIN without the rights to sublicense and as further stipulated under this Agreement. The Customer shall be entitled only to those rights with respect to the W4 MAUTIC DSGVO-PLUGIN that are expressly granted under this Agreement. Customer will obtain a License which will remain valid until the Customer stops using the Product or until W4 terminates this License because of Customer's failure to comply with any of its Terms and Conditions. Each License includes a license serial which is valid for one production Mautic installation only and unlimited test Mautic installations. You are allowed to customize W4 MAUTIC DSGVO-PLUGIN to fit with your using purpose. 2. PAYMENTS The License Fee shall be paid prior to the W4 MAUTIC DSGVO-PLUGIN is downloaded. Any other payment by the Customer pursuant to this Agreement shall be due within 10 (ten) days after the date of the respective invoice (including any penalties or payment of additional License Fee in case the W4 MAUTIC DSGVO-PLUGIN is used for more than 1 (one) live Mautic installation in breach of this Agreement). 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS (a) Installation and Use For each new live Mautic installation, you are obliged to purchase a separate License. You are not permitted to use any part of the code in whole or part in any other software or product or website. You are legally bound to preserve the copyright information intact including the text/link at bottom. (b) Distribution You are not allowed to distribute W4 MAUTIC DSGVO-PLUGIN to third parties. Any distribution without our permission, including non commercial distribution is considered as violation of this Agreement and entails liability, according to the current law. You may not place the W4 MAUTIC DSGVO-PLUGIN onto a server that allows access to the W4 MAUTIC DSGVO-PLUGIN via a public network or the Internet for distribution purposes. (c) Rental You may not give, sell, sub-license, rent, lease or lend any portion of the W4 MAUTIC DSGVO-PLUGIN to anyone. (d) Compliance with Applicable Laws You must comply with all applicable laws regarding use of W4 MAUTIC DSGVO-PLUGIN. W4 MAUTIC DSGVO-PLUGIN and a portion of it are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Accordingly, customer is required to treat the W4 MAUTIC DSGVO-PLUGIN like any other copyrighted material. Any activity violating copyright law will be prosecuted according to the current law. We retain the right to revoke the license of any user holding an invalid license. 4. TERMINATION Without prejudice to any other rights, W4 may terminate this License at any time if you fail to comply with the terms and conditions of this License. In such event, it constitutes a breach of the agreement, and your license to use the program is revoked and you must destroy all copies of W4 MAUTIC DSGVO-PLUGIN in your possession. After being notified of termination of your license, if you continue to use W4 MAUTIC DSGVO-PLUGIN, you hereby agree to accept an injunction to prevent you from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce our revocation of your license and any damages suffered by us because of your misuse of the W4 MAUTIC DSGVO-PLUGIN. W4 is not bound to return you the amount spent for purchase of the W4 MAUTIC DSGVO-PLUGIN for the termination of this License. 5. WARRANTY (a) Limited Warranty To the extent permitted by applicable law, the W4 MAUTIC DSGVO-PLUGIN is provided to the Customer "AS IS" without any warranty, either express or implied, that the Software usage will be uninterrupted and that all errors have been or can be eliminated from the W4 MAUTIC DSGVO-PLUGIN or in respect of merchantability of fitness for a particular purpose. The sole liability of W4 (and the exclusive remedy of the Customer) for any breach of this warranty shall be, in sole discretion of W4, to use commercially reasonable efforts to provide the Customer with an error correction or workaround which corrects the reported nonconformity, to provide the Software upgrades with corrected errors for the upcoming Software release or service pack or if W4 determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund License Fee. (b) Warranty Exceptions The limited warranty provided under Clause 5 (a) shall not apply (and W4 shall have no liability) to warranty claims arising out of or relating to: (b-1)a modification of the Software made by anyone other than W4; (b-2)use of the Software in combination with any operating system not authorized in the Mautic specifications or other documentation or with hardware or software specifically forbidden by the Mautic specifications or other documentation; (b-3)defects in the Software due to accident, abuse or improper use by the Customer; or (b-4)the Software provided on a no charge or non-commercial trial use basis, if any; or (b-5)the Software being incompatible with the Customer's other hardware or software etc. 6. LIMITATION OF LIABILITY In no event shall W4 be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the W4 MAUTIC DSGVO-PLUGIN, even if W4 has been advised of the possibility of such damages. In no event will W4 be liable for prosecution arising from use of the W4 MAUTIC DSGVO-PLUGIN against law or for any illegal use. 11. APPLICABLE LAW AND DISPUTE RESOLUTION 11.1. This Agreement shall be governed by Swiss law. 11.2. The parties shall resolve all disputes related to this Agreement by way of negotiations. In case any dispute is not resolved within 30 (thirty) days as of the initial notice, such dispute of any nature that may arise in relation to this Agreement shall be finally resolved by the courts of the Swiss Confederation. Last updated: May 2018 W4 Services GmbH Stadtturmstrasse 19, 5400 Baden, Switzerland, UID CHE-110.044.583 Koenigsbruecker Strasse 70, 01099 Dresden, Germany, UID DE273669934 www.w-4.ch