COMDOM Antispam Trial License Agreement

Notice to users

This agreement allows you to download and test a trial version of COMDOM® Antispam for a limited period of time and under conditions set out below. Please read this document carefully.

COMDOM Software, s.r.o. ("licensor") is willing to license COMDOM® Antispam to you as an individual or the company or other legal entity that you represent as an employee or authorized agent or director ( "licensee") only under the condition that you accept all the terms and conditions described in this agreement.

If you do not agree with the terms and conditions of this agreement, please click "I do not agree" button. By clicking the "I agree" button, you indicate your consent to all the terms and conditions of this agreement and accept the rights and responsibilities outlined below. If you click the "I agree" button, this agreement becomes a legally binding contract between you and the licensor, as any other commercial contract.

1) Definitions:

The term "software" means:

• COMDOM® Antispam downloaded, or obtained in any other manner, by the licensee from the website of the licensor.
• Related explanatory material or files in printed, electronic, or online form ( "documentation").
• Modified versions, content updates, additions, sample databases and their updates.
• Upgrades to the software, documentation, or the associated databases.

The term "use" means to access, install, download or reproduce the software as specified in this agreement.

The term "computer" means any device for the transmission or manipulation of digital information.

"COMDOM Software, s.r.o." means COMDOM Software, s.r.o., a company duly organized and existing under the laws of the Slovak Republic, with its seat at Komensk rho 11/A, 040 01 Ko íice, the Slovak Republic.

2) License grant:

Subject to the terms and conditions of this agreement, and solely for the purpose of evaluating the software, the licensor hereby grants the licensee a royalty free, temporary, non-exclusive and non-transferable right to use the software. All rights not explicitly assigned in this agreement are reserved by the licensor.

3) Permitted use:

Under this agreement, the licensee is permitted to use the software for a period of thirty (30) days from the date of initial downloading the software ( "term") without charge. The license is granted exclusively for licensee's internal use and solely for the purpose of evaluating the software by the licensee. The licensee agrees not to transfer or assign the software to any other individual, legal or other entity or person.

Under this agreement, the licensee is permitted to use the software on a network, provided that the licensee uses the software solely for the licensee's internal use and solely for the purpose of evaluating and testing the software for a period not exceeding the term.

4) Restrictions:

Under this agreement, the licensee is not permitted to:

a) Share, sub-license, rent, lease, sell, or transfer the software under any condition to individuals or legal entities.

b) Reverse engineer, decompile, disassemble, modify, translate the software, or make any other attempt to discover the source code of the software, for any reason.

c) Create, modify, and disseminate derivative works from the software in whole or in part for any reason.

d) Perform any benchmark or comparison tests of the software not related to the sole purpose of internal evaluation of the software by the licensee. All communications of information about the software to third parties are strictly prohibited under this agreement and by other applicable national and international regulations.

e) Remove or replicate any proprietary notices and information on or about the software or COMDOM Software, s.r.o.

f) Use the software for production or as part of an arrangement permitting third parties, including companies or other legal entities associated with or owned by the licensee, to benefit from the software.

g) Use the software in any manner not explicitly permitted in this agreement.

5) Termination:

The license granted under this agreement automatically terminates thirty (30) days after the initial download, or acquisition through any other means, by the licensee of the software ( "license termination date").

The licensor reserves the right to terminate without prior notice to the licensee the license prior to the license termination date for any reason and without cause.

The licensee must cease all use of the software and must destroy all copies of the software and related material stored in electronic or printed form upon the termination of the license. Following the termination of the license, the licensee will not have any rights to use the software or the related databases, updates, or upgrades.

6) Rights of the licensee:

The software utilizes content that is updated on a regular basis in order for the software to function. For the term, the licensee has the right to use the updated databases and other related material, unless any of the terms and conditions of this agreement are violated.

7) Obligations of the licensee:

The failure of the licensee to abide by the terms and conditions of this agreement, or to terminate the use of the software upon the license termination date or upon earlier termination of the license, or any action of the licensee in derogation of the rights of the licensor or its suppliers to the software, results in legal liability as set out in national and international laws regulating the protection of intellectual property rights, including the World Trade Organization Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and related laws.

8) Rights of the licensor:

The licensor and its suppliers own, perform, and retain all right, title, and interest to the software, including all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights in the software, during and after the term.

8.2)

The Licensee agrees to share information about his/her installed version and license information of COMDOM Antispam with COMDOM Software as necessary for updating and optimizing the performance of the software.

9) Obligations of the licensor:

As this agreement provides an opportunity for the licensee to evaluate the software without charge, the licensor makes no warranties, guarantees, or other representations in respect of the performance of the software and provides the software "AS IS".

10) Disclaimer of warranty:

To the maximum extent permitted by applicable law, the licensor disclaims any implied warranties, guarantees or representations, including, without limitation, any warranty of fitness for a particular purpose, and non-infringement of intellectual property rights. The licensor cannot and does not claim that the software is effective against all different types of spam or other types of undesired content. The licensee does not claim that the software will be error-free.

11) High risk activities:

The software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance in which the failure of the software could lead directly to death, personal injury or severe physical or property damage ("high risk activities"). The licensor expressly disclaims any express or implied warranty of fitness for high risk activities.

12) Limitation of liability:

In no event shall the licensor, its suppliers, or business partners be liable to the licensee, or any other person, in contract, tort, or otherwise, for loss of profits, loss of goodwill, or any direct, indirect, special, incidental, or consequential damages that may arise out of or relate to the use of the software. The foregoing limitation of liability shall apply to the maximum extent permitted by applicable law. The licensor is acting on behalf of its suppliers and business partners for the purpose of limiting the liability as provided in this agreement, but in no other respects and for no other purpose.

13) Export controls:

The licensee agrees not to directly or indirectly export, import or transmit the software to any country, end user or for any use, if such export, import or transmission of the software is contrary to the laws and regulations applicable in the European Union or the laws and regulations of any governmental entity that has jurisdiction over such export, import, or transmission of the software. The licensee represents that neither any international or supranational organization nor any governmental entity that has jurisdiction over the export, import, or transmission of the software has issued sanctions against the licensee or otherwise suspended, revoked or denied the licensee the right to use the software.

14) Governing law and dispute resolution:

This agreement shall be governed by the laws of the Slovak Republic. The agreement shall not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall be finally settled (i) by arbitration in accordance with the UNCITRAL Arbitration Rules as present in force; or (ii) at the sole option of the licensor by proceedings brought in the courts of the Slovak Republic, which courts are to have exclusive jurisdiction.

15) Privacy:

By entering into this agreement, the licensee agrees that the licensor may collect, retain, use, or otherwise process the personal data of the licensee, including the name, address, e-mail address, other contact details, and data concerning the use of the software by the licensee, and the personal data of employees, authorized agents, and/or directors ( "employees") of the licensee, including their names, titles, and contact details ( "personal data"). The licensee undertakes to ensure that its employees consent to the processing of their personal data as envisaged under this agreement, to the extent to which such consents are required by applicable law. The personal data will be processed primarily to provide services and product functionality to the licensee. The licensor may also use the personal data for any additional communication with the licensee, in particular for the purposes of offering the licensee the full (non-trial) license to use the software, subject to applicable law. The licensor may share the personal data with other companies and individuals which perform personal data processing on behalf of the licensor. The licensee may revoke its above consents, which are otherwise given for indefinite period, at any time after the termination of the license. The right of the licensor under applicable law to process the personal data without the licensee's consent or the consent of licensee's employees is not affected by this agreement.

16) Miscellaneous:

This agreement sets forth all rights for the licensee and is the entire agreement between the parties. The contents of the registration form accessible on the website of the licensor filled in by the licensee prior to the acceptance of this agreement are incorporated by reference into this agreement. This agreement supersedes any other communications, representations or advertising relating to the software. This agreement may not be modified except by a written addendum issued by a duly authorized representative of the licensor. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by the licensor. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.