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Terms and Conditions

END USER SOFTWARE LICENSE AGREEMENT

IMPORTANT: This End User License Agreement (the “Agreement) contains the terms and conditions governing access to and use of all of the Software and Services obtained from ASG (Aleman Software Group, part of Aleman Consulting SRL) (each a “Solution ”) by you and any entity or individual you represent or for whose computer, smartphone or other Device you acquire the Solutions (“you ”). By clicking the “ACCEPT” or “ACTIVATE” or similar option in connection with this Agreement, you agreed to be bound by these terms and conditions not just with respect to the Solution you are obtaining at the time, but also for any additional Solution you later acquire directly or indirectly through that first Solution, including new and different products or services, or updates and upgrades to a prior Solution, for which you do not accept a separate end user license agreement.

If you do not wish to agree to these terms, please click “DECLINE” or “CANCEL” or “BACK” or any similar option presented with this Agreement. If you do so, you will not be able to use the Solutions covered by this Agreement. If you decline to accept this Agreement, or if you are not satisfied with a Solution for any other reason, you may obtain a refund of the amounts you have paid for the Solutions within the past 30 days by following sending an email to office@aleman.ro.

ASG may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your continued use of, or decision not to seek a refund for, any Solution at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement. ASG may require that you accept the amendment of this Agreement in order to continue using Solutions you have previously purchased. If you decline to accept the amendment of this Agreement, ASG may terminate your use of the affected Solutions, but will refund the amounts you paid for the Solutions (prorated for the unexpired portion of the Subscription Period).

Note that this Agreement comes in two parts. Sections 1 through 11 of this Agreement (the “General Terms ”) apply to all Solutions, including those listed below. If there is a conflict between the General Terms and the Special Terms, the Special Terms will control with respect to the Solution addressed by those Special Terms.

If you have any questions or concerns about this Agreement or the Solutions to which it relates, please direct them to the ASG contacts shown in Section 11.17.

Note as well that in this Agreement you:

Represent that you are 18 years of age or older, and are authorized to accept this Agreement on behalf of all of the individuals and entities for whom (or for whose Device) you obtain Solutions;

Represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not a person who is either barred or otherwise legally prohibited from receiving or using the Solutions under the laws of the country in which you are resident or from which you access or use the Solutions;

Acknowledge that:

If the email address you have provided to ASG changes, you must update your user profile at office@aleman.ro to ensure that you receive notices about Subscription Period extensions and other important information about this Agreement and the Solutions;

ASG, subject to the Special Terms, may from time to time update any Solution or replace a Solution with another Solution with similar functionality without requesting or obtaining your separate consent, and your Device or certain Device functions may not be available to you while the Update is in process;

ASG collects and uses certain information concerning your use of Solutions in accordance with its Privacy Policy and Fair Processing Notice; and some solutions, including those comprising Software, may contain a “time out” feature that automatically will render the Solution inoperative at the end of the Subscription Period.

GENERAL TERMS

  1. Definitions

Affiliate means, with respect to ASG, an entity controlling, controlled by or under common control with the ASG. “Control ”, as used in this section, means ownership of more than 50% of the outstanding voting interest of the applicable entity.

Applicable Conditions, with respect to any Solution, means the Subscription Period for the Solution, whether the Subscription Period automatically extends, the number and type of Devices and/or Users for which the Solution is authorized, and other similar terms governing use of that Solution. The Applicable Conditions are specified (i) on the checkout payment page if you obtain the Solution over the Internet, from a Mobile App Store or by other electronic means, or (ii) on the package if you acquired the Solution on CD or other physical medium.

Authorized Purposes means (i) with respect to Free Solutions and Beta Solutions, your personal, noncommercial use, and (ii) with respect to other Solutions, your personal use or internal commercial use, and in each case not for resale or other exploitation for the benefit of a third party.

ASG means Aleman Software Group and Aleman Consulting, a company formed under the laws of the Romania and European Union or, with respect to any Solution, the ASG Affiliate providing the Solution to you.

Beta Solution means any Evaluation Solution and any Solution marked or otherwise designated as a beta test version, irrespective of whether payment has been made.

Device means any mobile phone, mobile device, tablet, mobile network appliance, other mobile product (each, a “Mobile Device ”) or any personal computer running on an operating system supported by ASG as specified in the Applicable Conditions and in the Technical Specifications in respect of the Solution.

Dispute has the meaning ascribed to it by Section 11.3.1 of this Agreement.

Evaluation Solution means an otherwise paid Solution that ASG provides without receiving payment for trial or evaluation purposes.

Extension Period has the meaning ascribed to it by Section 3.1 of this Agreement.

Fair Processing Notice means the notice provided in Section 9.3 of this Agreement.

Free Solution means any Solution other than Beta Solutions that ASG designates as “free” or otherwise provides without charge.

Initial Subscription, for each Solution, means the period beginning on the date you obtain the Solution and continuing for the term specified by the Applicable Conditions.

Mobile App Store means an online store that currently or in the future offers Mobile Solutions, including through the Device itself.

Mobile Solution means a Solution available to you on a Mobile Device platform, e.g., Android, iOS, and Windows Phone.

Personally Identifiable Information means information that can be used to uniquely identify, contact, or locate a single individual or can be used with other sources to uniquely identify a single individual including, as applicable under applicable law, personal data (as the term is used by the EU Data Protection Directive 95/46/EC).

Privacy Policy means the ASG privacy policy available at http://www.aleman.ro/termsandconditions  http://www.aleman.ro/?page_id=699  as updated from time to time.

Service means a Solution comprising services delivered online or by telephone.

Software means a Solution comprising software intended to be installed on a Device, and shall include any Updates.

Solution has the meaning set forth in the preamble.

Subscription Period, with respect to each Solution, means the Initial Subscription together with all Extension Periods.

Technical Specifications means the technical documentation applicable to the relevant Software, available at http://www.aleman.ro or http://www.aleman-consulting.com as updated from time to time.

Third Party Materials means software, services, websites, offers and promotions or products provided by any third party and governed by Third Party Terms and Conditions.

Third Party Terms and Conditions means any license agreements, terms of use, terms of service, privacy policies and other conditions established by third parties governing access to or use of Third Party Materials.

Update means content or code ASG deploys to update a Solution including but not limited to new releases or versions of Software, updated code or any other available update provided by ASG from time to time in connection with a Solution.

US Government means the federal government of the United States of America.

Upgrade means any and all improvements in the Products which are made generally available to ASG customer base as a part of purchased Support and which are not separately priced or marketed ASG.

User is defined as any individual specifically identified as capable of sending HTTP requests to the Internet to be processed by a ASGproduct, regardless of whether the individual is actively using the product at any given time. In cases where multiple unique users use the same workstation to access the Internet, such as educational institutions and libraries, that workstation represents a single ‘user’. For all other products, “User” means a unique individual within a company or other legally recognized entity (“Entity”) where (1) Entity has acquired a valid license(s) to use the Software and/or Services, and (2) Entity has authorized the individual to use the Software and/or Services.

  1. LICENSE GRANT; GENERAL.

2.1 Grant of License. ASG, subject to the terms and conditions of this Agreement, hereby grants you a non-exclusive and non-transferable license to use each Solution you purchase or otherwise properly acquire, in each case during the applicable Subscription Period for Authorized Purposes in accordance with the Applicable Conditions and Technical Specifications. The Subscription Period for Free Solutions continues indefinitely, without the need for extensions, until you or ASG terminates it in accordance with this Agreement.

2.2 Limitations.

2.2.1 General. You will not, and will not permit any third party to, (i) use any license or other authorization number supplied by ASG in connection with any Solution on more than the number of Devices or Users specified by the Applicable Conditions, (ii) disclose any license or authorization number to any party other than ASG or ASG designated representatives, (iii) except as expressly authorized by law, (A) reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract any Solution or any portion of the Solution (including without limitation any related code), or (B) change, modify or otherwise alter any, (iv) publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense any Solution, (v) grant any third party access to or use of any Solution on a service bureau, timesharing, subscription service or application service provider or other similar basis, (vi) test or benchmark, or disclose or publish testing or benchmark results, for any ASG Solution without ASG’s prior written consent (which you may request at office@aleman.ro), or (vii) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the installation or use of copies of any Solution.

2.2.2 Software. In addition to the limitations established by Section 2.2.1, you will not (i) copy Software for any purpose other than, as reasonably necessary to use the same as contemplated by this Agreement, and to preserve 1 uninstalled/off-line copy for disaster recovery purposes; (ii) install the Software on any operating system not supported by ASG as reflected in the Technical Specifications, or (iii) remove any copyright, trademark or other proprietary notices from the Software.

2.2.3 Administrator Rights. Certain Solutions grant you or another user administrative privileges that, among other things, may allow the administrator to monitor other Devices/Users and/or the status of Solutions deployed on other Devices, including for example subscription status, Solution notifications and messages. You represent and warrant that you will exercise administrator privileges only with respect to Devices and Solutions for which you are authorized and for no other purpose. You also represent and warrant that you have the authority to accept this Agreement on behalf of owners and users of those administered Devices, and hereby accept this Agreement on their behalf.

2.2.4 Warning. IF YOU USE ANY SOLUTION FOR PURPOSES OR IN A MANNER NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT, YOU ARE COMMITTING A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS, AND ALL WARRANTIES PROVIDED BY ASG FOR THE PRODUCT WILL TERMINATE IMMEDIATELY FOLLOWING YOUR BREACH.

2.3 Third Party Fees. You may incur access fees or data or usage fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of a Solution. For instance, you may incur such fees if you use the ASG Antivirus Mobile Solution and it downloads Updates including malware definitions. You are responsible for all such fees.

2.4 Updates. ASG, from time to time during the Subscription Period and, without your separate permission or consent, may deploy Updates for any Solution, and you may not be able to use the applicable Solution or Device (or certain functions of the Device) until the Update is fully installed. Updates will be deemed a part of the Solution for all purposes under this Agreement. Updates may include both additions to and removals of particular functionality offered by a Solution or may replace it entirely, and the content and functionality of such updates is at the sole discretion of ASG. ASG or your Device may offer you the option to decline or delay Updates, but you must download and permit installation of all available Updates to obtain maximum benefit from the Solution. ASG may stop providing support for a Solution until you have accepted and installed all Updates. ASG will determine when and if Updates are appropriate and has no obligation to make any Updates available to you. ASG in its sole discretion may stop providing Updates for any version of the Solution other than the most current version, or Updates supporting use of the Solution in connection with any versions of operating systems, email programs, browser programs and other software with which the Solution is designed to operate.

2.5 Conflicting Functionality and Uninstallation. Certain Software, during its installation, may disable existing functionality, and replace it with functionality provided with the Solution. If you uninstall the Solution, you may be prompted to activate other software. ASG strongly advises you to activate such other software as prompted once the Solution has been uninstalled. Some third-party applications, such as other anti-virus products, may not allow the Solutions to install or run correctly. If you choose to ignore the warnings provided during the installation of the Solution, such Solutions may not function properly, and notwithstanding anything to the contrary in this Agreement, ASG disclaims any and all warranties and liability with respect to such Solutions. Additionally, ASG does not support third-party applications which provide uninstallation functionality for our Solutions as they may cause further problems for the end user. Should you choose to use such third-party uninstallers, notwithstanding anything to the contrary in this Agreement, ASG disclaims any and all warranties and liability with respect to such Solutions.

2.6 User Comments. ASG welcomes your comments concerning Solutions, including notice that you have experienced a failure, error or other malfunction, and suggestions for additional or different features and functions. Please send us your comments and suggestions using the email address office@aleman.ro. ASG accepts no obligation to respond or act on any such comments or suggestions and this invitation to comment does not constitute any admission of liability or product failure of a Solution, but you grant ASG a perpetual, irrevocable, transferrable, sublicensable, fully paid-up, royalty-free, worldwide right and license under your intellectual property rights (if any) to c use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever your comments and suggestions in any Solution and other products and services.

2.7 User Content. Certain Solutions may enable you to upload, publish or share content you have generated or obtained from other sources (“User Content ”). You retain any and all intellectual property rights you already hold under applicable law in User Content you upload, publish, and submit to or through the Solution, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of others in any User Content that you may use or modify. You grant to ASG, a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), solely for the purpose of providing the Solutions to you under this Agreement. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the state /country in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, in regard to that User Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant ASG the right to use it as described in this Section, all without any ASG obligation to obtain consent of any third party and without creating any obligation or liability of ASG; (b) the User Content is accurate; (c) the User Content does not and, as to ASG’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate this Agreement or cause injury or harm to any person.

  1. SUBSCRIPTION EXTENSIONS, TERMINATION.

3.1 Subscription Extensions. At the end of any Subscription Period, your subscription may extend for successive time periods (each, an “Extension Period ”) in accordance with this Section 3.1.

3.1.1 Automatic Extensions. If, under the Applicable Conditions for a given Solution, the Subscription Period automatically extends for an additional month, year or a similar consecutive time period, ASG may provide you with a notice that includes instructions on how to cancel your subscription at the end of the current Subscription Period and how to request a refund for cancellation requests within 30 days of the start of a new Subscription Period. You may cancel your subscription at the end of the Subscription Period by following the instructions in the notice. If you do not cancel the subscription, ASG will charge your credit card or debit card for the extension fee and, on receipt of payment, will extend the Subscription Period for the applicable Extension Period.

3.1.2 Manual Extensions. If, under the Applicable Conditions, the Subscription Period does not automatically extend, ASG may (but is not required to) notify you prior to the conclusion of the Subscription Period that your Subscription Period is due to expire, and may offer you the opportunity to extend the Subscription Period at ASG’s then-current price. You may accept the offer by following the instructions set forth in the notice, in which case the Subscription Period will extend for the period you select.

3.2 Refunds. ASG for most Solutions offers a 30-day money-back guarantee. If you have paid for an eligible product within the preceding 30 days, you may obtain a refund by following the instructions in this section.

3.2.1 For Mobile Solutions. The quickest way to obtain a refund on a Mobile Solution is to follow the process established by the Mobile App Store from which you purchased the Solution. If the Mobile App Store does not honor your refund request, but you are otherwise within the 30 day window from initial purchase, you may be able to return your Mobile Solution for a refund of all amounts paid (other than for in-app purchases or subscriptions) by asking for the instructions at office@aleman.ro.

3.2.2 Other Solutions. Unless otherwise provided in this Agreement, you may be able to return any Solution other than Mobile Solutions that you have purchased by asking for the instructions at office@aleman.ro.

3.3 Payment Information. In an effort to ensure your use of a Solution is not interrupted, ASG may participate in recurring billing programs or account updated services. If your Subscription Period automatically extends and ASG is unable to charge the credit card or debit card ASG has on file for you, ASG at its option may obtain an updated card number, expiration date or other updated payment information from your bank or another source, or your card issuer may automatically charge your card without notifying ASG or you.

3.4 Termination. ASG, in addition to such other rights as may be available at law, in equity or otherwise, may terminate your license to any or all Solutions without liability (i) for convenience on five (5) days’ prior notice, provided that ASG, in its sole discretion, shall for paid Solutions, either (a) refund to you the fees you paid to ASG in respect of the unexpired portion of the applicable Subscription Period, pro-rated over the applicable Subscription Period, or (b) grant a license for a substantially similar product for the remainder of the Subscription Period, or (ii) for cause at any time without notice if you commit a breach of this Agreement. For the avoidance of doubt, for Free Solutions and Beta Solutions, ASG shall have no further obligation to you beyond providing five (5) days’ prior notice to terminate for convenience in accordance with this Section, and shall have no obligation to provide notice in the case of a termination for your breach of this Agreement.

3.5 Effect of Termination. On the expiration of the applicable Subscription Period for any relevant Solution or termination of the Subscription Period for any relevant Solution or this Agreement, you shall cease using the relevant Solutions, ASG may cease making Updates or Upgrades available to you, and the relevant Solution may cease functioning. Sections 1, 2.6, 2.7, 4, 5, 6, 7, 8, 9, 10, 11 and 12 will survive the expiration or termination of this Agreement.

  1. THIRD PARTY MATERIALS; THIRD PARTY TERMS AND CONDITIONS.

ASG, directly or through a Solution, may present links to or offers for Third Party Materials, all of which are controlled by third parties and most of which are subject to Third Party Terms and Conditions. Please read those conditions carefully before accepting them. ASG is not responsible for the content or performance of any such Third Party Materials, does not warrant or endorse any such Third Party Materials or assume or have any liability whatsoever to you or any third party with respect to such Third Party Materials. If you access, download or use such Third Party Materials, you do so entirely at your own risk.

  1. OWNERSHIP.

5.1 ASG reserves all rights in the Solutions not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Solution (including, but not limited to, malware signatures and other data files, images appearing in the Solution and screen displays as well as any and all documentation relating to the Solution) are owned by ASG or its licensors, and are protected by United States, Romania and European Union and foreign copyright laws, international treaties and other applicable laws. Any copy of a Solution you are permitted to create pursuant to this Agreement must contain the entire copyright notice and other notices included with the original copy of the Solution.

5.2 Any trade names, trademarks, service marks, logos, domain names or other distinctive brand features used with, on or relating to any third party products or services including Third Party Materials available on or through a Solution are the property of the third party providers or their respective licensors.

  1. WARRANTIES.

6.1 General. Except as provided by Section 6.2, ASG represents with respect to each Solution that, on delivery of the Solution and for a period of thirty (30) days thereafter (i) the medium (if any) on which the Solution is delivered will be free of material defects, and (ii) subject to Section 6.3, the Solution will conform to the description, if any, set forth in the Applicable Conditions and/or the Technical Specifications. The foregoing warranty applies only to the Solution as originally delivered, and does not apply to Updates and Upgrades or defects caused by the combination, operation or use of the Solution with software, hardware or other materials not provided by ASG, or by Devices, software, or other materials that do not conform to ASG requirements set forth in the Technical Specifications. Your sole and exclusive remedy for breach of the warranty in this Section 6.1 is replacement of the defective media or Solution or, at ASG’s option, return of the Solution for a full refund. In order to exercise your rights under this Section 6.1, you must uninstall and destroy all copies of the Solution you may have made (including all archival copies).

6.2 Free Solutions and Beta Solutions. THE PROVISIONS OF THIS SECTION 6.2 APPLY IN PLACE OF SECTION 6.1 WITH RESPECT TO FREE SOLUTIONS AND BETA SOLUTIONS. ALL ASG FREE SOLUTIONS AND BETA SOLUTIONS ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT SUPPORT OR OTHER SERVICES BY ASG.

6.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED BY SECTION 6.1 OF THIS AGREEMENT, ASG PROVIDES EACH SOLUTION ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, AND ASG AND ITS AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOLUTION IS PROVIDED, OR OTHER BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, VENDORS, AGENTS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SOLUTIONS, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, WHETHER GIVEN BY ANY THIRD PARTY LICENSORS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF NONINFRINGEMENT. ASG DOES NOT WARRANT THAT THE OPERATION OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE SOLUTIONS WILL WORK PROPERLY ON YOUR DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT THE SOLUTIONS WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. Some jurisdictions do not allow limitations on certain warranties, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.

6.4 Hazardous Environments. Solutions are not designed or licensed for use in hazardous environments, including without limitation operation of nuclear facilities, aircraft navigation systems, aircraft communication systems, air traffic control, life support or weapons systems and any other environment in which bodily injury or death could result from failure of or inability to use any Solution. Without limiting the provisions of Sections 6.2 and 6.3 of this Agreement, ASG and its licensors hereby disclaim any express or implied warranties of fitness for such purposes or uses.

  1. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASG OR ITS AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOLUTION IS PROVIDED OR OTHER BUSINESS PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY, OR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) INCURRED FOR LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOLUTION INCLUDING THE SOLUTION, COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT OR THE SOLUTION PROVIDED HEREUNDER, EVEN IF ASG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASG WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION, INADVERTENT DISCLOSURE OR LOSS OF DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEMS REGARDLESS OF THE CAUSE. IN NO EVENT SHALL ASG’S LIABILITY RELATED TO ANY SOLUTION EXCEED THE LESSER OF (I) THE FEES YOU ACTUALLY PAID FOR THE SOLUTION, AND (II) THE ASG SUGGESTED RETAIL PRICE FOR THE SOLUTION AS OF THE DATE YOU RECEIVED IT (OR, WITH RESPECT TO A FREE SOLUTION OR BETA SOLUTION, US$5.00 (US$1.00 FOR FREE AND BETA SOLUTIONS). THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  1. INDEMNIFICATION.

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS ASG, ITS AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS AND OTHER BUSINESS PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR USE OF THE SOLUTION OR ANY VIOLATION OF THIS AGREEMENT BY YOU, INCLUDING BUT NOT LIMITED TO ANY BREACH OR ALLEGED BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, OBLIGATIONS OR UNDERTAKINGS HEREUNDER. ASG RESERVES THE RIGHT TO ASSUME, AT ITS SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH ASG IN ASSERTING ANY AVAILABLE DEFENSES.

  1. PRIVACY AND SECURITY.

9.1 General. ASG may collect and share with its Affiliates and certain third parties certain information regarding the users of certain Solutions including certain Personally Identifiable Information as well as certain information from the user’s Device, including (i) certain information about your Device software and hardware such as your IP address, operating system, information about the Solutions and their installed features, Web browser software and version, (ii) your email address, IP address, type of Device and IMEI or MEID, operator and network name, phone number, SIM number and subscriber number, third party software installed on the Device and settings of such software, Device settings, serial number, allowed operation, installation and uninstallation rates, language of the Device and its manufacturer, screen size and model of the Device and any other technical information needed for ASG to deliver the Solution according to this Agreement, Device security information (password attributes, encryption level), information about your local network and any Devices connected into such network, the date and time, country and the IP address of the Device from which your Device connected to an ASG back-end server, geographic location information based on GPS/WIFI/communications network location information. ASG may utilize any or all of this information in order that product recommendations and service messages may be communicated directly to your Device and/or Users. ASG may also share your email address and personal information with selected ASG partners, suppliers, distributors or resellers so they can contact you to provide you with local licensing and technical support. You hereby consent to ASG’s collection and use of such information, as well as direct communication of product and service messages to your Device and acknowledge that ASG’s collection and use of such information will be further governed by ASG’s Privacy Policy and the Fair Processing Notice.

9.2 Registration Information. In order to activate any Solution, you, or a third party you are authorized to do so on your behalf, may be required to register with ASG over the Internet or by telephone. As a material condition for ASG to grant the licenses contemplated by this Agreement, you represent that the registration information you or the authorized third party provide to ASG (including your e-mail address in particular) is accurate and complete as of the date you register and you will keep it up to date when and if any changes are made and, NOTWITHSTANDING ANY PROVISION OF THE ASG PRIVACY POLICY, YOU CONSENT DURING THE TERM OF THIS AGREEMENT AND FOR 1 YEAR THEREAFTER (OR FOR AS LONG AS PERMITTED BY APPLICABLE LAW) TO (i) ASG’S SHARING YOUR CONTACT INFORMATION WITH ITS AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS AND OTHER BUSINESS PARTNERS, AND (ii) USE OF THAT CONTACT INFORMATION BY ASG, ITS AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS AND OTHER BUSINESS PARTNERS TO PRESENT YOU WITH INFORMATION THAT MIGHT BE RELEVANT TO YOU, INCLUDING OFFERS OF SOFTWARE, SERVICES AND OTHER PRODUCTS. For more details on registration information, please visit our Privacy Policy. You can manage your preferences in your account page.

9.3 Fair Processing Notice. ASG and its Affiliates will process your Personally Identifiable Information in accordance with the Privacy Policy. ASG will only pass certain of your Personally Identifiable Information to its Affiliates, agents, licensors, representatives, suppliers, distributors, resellers, third party service providers and other business partners, to fulfill its obligations under this Agreement or other agreements with business partners, or where ASG is required to do so by law. The information ASG collects from you may be used by ASG and its Affiliates worldwide, including in countries that may have less stringent data privacy laws than your country. The information ASG and the Solutions collect from your Device are utilized in product and security improvement, to transmit messages to your Device or to generate e-mail marketing. You may opt-out of e-mail marketing at any time by clicking the relevant link in an e-mail message from ASG or contacting customer support at http://www.aleman.ro/?page_id=10.

  1. USAGE MONITORING/COMPLIANCE.

ASG MAY MONITOR YOUR USE OF A SOLUTION TO CONFIRM THAT IT COMPLIES WITH THE TERMS OF THIS AGREEMENT. SHOULD ASG DETERMINE THAT YOU ARE IN BREACH OF THIS AGREEMENT, ASG, IN ADDITION TO SUCH OTHER RIGHTS THAT MAY BE AVAILABLE AT LAW, EQUITY OR OTHERWISE, SHALL BE ENTITLED TO EXERCISE ITS RIGHTS UNDER SECTIONS 3 AND 8 OF THIS AGREEMENT.

  1. MISCELLANEOUS.

11.1 Notice. ASG may at any time deliver any notice to you via electronic mail, pop-up window, dialog box or other means, even though in some cases you may not receive the notice unless and until you launch a Solution. Any such notice will be deemed delivered on the date ASG first makes it available through a Solution, irrespective of when you actually receive it.

11.2 Choice of Law. The construction, validity and performance of this Agreement and all non-contractual obligations arising from or connected with this Agreement shall be governed by the laws of the European Union and Romania excluding its conflict of laws principles.

11.3 Binding Arbitration Agreement and Class Action Waiver.

11.3.1 This Binding Arbitration Agreement and Class Action Waiver applies to any Dispute arising from or related to a Solution and involving you and ASG and/or its Affiliates. “Dispute”, for purposes of this provision, means any dispute, action, or other controversy regardless of the particular cause of action(s) asserted (i.e., it encompasses, among any other potential cause of action or legal basis, claims for breach of contract, fraud, and violation of statute or regulation). The foregoing definition of “Dispute” will be given the broadest possible meaning allowable under law.

11.3.2 In the event of a Dispute, you must provide ASG with a notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by email to ASG at office@aleman.ro  (stating Subject: Section 11.3 Notice of Dispute Under EULA).

11.3.3 If you or ASG do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration governed by the European Union arbitration laws. You are giving up the right to litigate (or participate in litigation as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

11.3.4 Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You will not seek to have any Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

11.4 Interpretation. The headings in this Agreement do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.

11.5 Severability. Should any provisions of this Agreement be deemed illegal, invalid or unenforceable under any applicable laws and regulations, all other provisions of this Agreement shall remain in full force and effect.

11.6 Impossibility. ASG shall be not liable for any failure or delay in performance due in whole or in part to any cause beyond its reasonable control, including but not limited to utility or transmission failures, failure of phone lines or phone equipment, power failure, strikes or other labor disturbances (including without limitation a strike or other labor disturbance arising in respect of ASG and its Affiliates, agents, licensors, representatives, suppliers, distributors, resellers and other business partners ), acts of war or terror, floods, sabotage, fire, natural or other disasters or Acts of God.

11.7 Waiver. The failure of either party to insist on the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance with the Agreement, and the terms, conditions and provisions of this Agreement shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party. The waiver by either party of a breach of any provision of this Agreement by the other party shall not be construed as a continuing waiver of such breach or as a waiver of other breaches of the same or of other provisions of this Agreement.

11.8 Assignment. You may not assign your rights or obligations under this Agreement without the prior written consent of ASG. ASG may assign this Agreement at any time in its sole discretion without any prior written consent by you.

11.9 Construction. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the terms of this Agreement shall be construed as having been drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.

11.10 Complete Agreement. This Agreement, including its Applicable Conditions, Technical Specifications, Privacy Policy, Fair Processing Notice and other documents referred to in this Agreement, constitutes the complete Agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof.

11.11 Export Controls. You must comply with all applicable U.S. and international laws governing export and re-export of the Solutions, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. Without derogating from the generality of the foregoing, (i) you represent that you are not a member of any of the denied person list, unverified list, entity list, specially designated nationals list, debarred list or any other lists published by the U.S. Government, (ii) you shall not use, export or re-export the Solution to territories, destinations, companies or individuals in violation of U.S. and E.U. embargos or trade sanctions, including without limitation, in the following countries: Cuba, Iran, North Korea, Sudan and Syria.

11.12 No Third Party Beneficiaries. This Agreement is intended solely for the benefit of you and ASG and/or its Affiliates, and their respective agents, licensors, representatives, suppliers, distributors, resellers and other business partners. Other than as provided in Section 12.4.3(b)(vi), no person not a party to this Agreement may bring a cause of action pursuant to this Agreement as a third party beneficiary hereof.

11.13 Language. This Agreement was originally prepared in the English language. Although ASG may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.

11.14 Internet connection. Certain Solutions may require an active and stable connection to the Internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable Internet connection.

11.15 Product names. ASG reserves the right to change the name of its Solutions in its sole discretion from time to time.

11.16 Contact Information. ASG may be contacted at Attn: Customer Care Manager, Aleman Consulting SRL, Str. 9 Mai, Bl.6, Ap.2, Petrosani, Hunedoara, Romania, and phone: +4031 425 38 35 and office@aleman.ro for any questions, complaints or claims.

 

Our Privacy Policy

The aim of this Privacy Policy is to provide an overview on the privacy practices exercised by ASG with respect to the websites that ASG operates, including the www.ASG.com website (each, a “Site”) and any product and/or services ASG may offer to you (“ASG Products”), unless terms and conditions accompanying such ASG Products indicate otherwise.

Commitment to Privacy

ASG (Aleman Software Group and Aleman Consulting S.R.L.) provides products and services including Dynamics CRM, Services, Add-ons, plug-ins, integrations, Software-as-a-Service solutions, custom and standalone software  and we know that you care about how your information is used and shared. At times we may need access to certain data on your PC, tablet, mobile phone or other applicable device. We respect your right to privacy. We want to make sure that you understand the type of information we collect about you, how it is used and the safeguards we use to protect it. For purposes of this Privacy Policy, ASG shall mean Aleman Software Group, Aleman Consulting or any other company controlled by, controlling or under common control with ASG (each, an “Affiliate”).

What Information Does ASG Collect?

Non-Personally Identifiable Information

How Do We Use the NPII We Collect?

Personally Identifiable Information

How Do We Use the PII We Collect?

The type of information that we collect and retain depends upon your interaction with our Site and/or our ASG Products. In general, there are two different categories of information we may collect:

Non-Personally Identifiable Information

Non-Personally Identifiable Information (“NPII”) refers to information that cannot be used to identify a specific person. The NPII ASG may collect include, without limitation, information about ASG Products and their installed features, data concerning your device, including file names, cryptographic hash, vendor, size, date stamps, information about your devices operating systems, which may include path, file and application names, settings and configurations, such as associated registry keys, the date and time, the internet address of the website from which you link directly to our Site, the name of the file or the words you search, and the browser you use to access our Site, type of device, advertising ID and the mobile network (mobile carrier) you use, third party software installed on a device and related settings, installation and uninstallation rates, language, technical parameters and manufacturer of a device, device security information (password attributes, encryption level). ASG collects NPII and shares them with its Affiliates when you use our ASG Products and when you visit the Site. This is captured via a standard “cookie”, see our Cookie Statement.

We may gather certain information automatically (when you use our ASG Products or visit our Sites); if this data is classified as PII (except and as described below), we will anonymize this data to remove personally identifiable information during or after the collection process, and store it in a database. Any data, including PII that we have anonymized in this fashion will be considered NPII for the purposes of this Privacy Policy.

How Do We Use the NPII We Collect?

ASG may use the NPII for the purposes of building anonymous data profiles and/or sharing with our partners. ASG may retain this data for a period of up to five years. We also use NPII in a limited fashion for the administration and operation of our Site, and to generally improve the overall quality of experience with the information we provide on our Site. ASG may share NPII or anonymized data with third parties in order to improve our ASG Products and your experience using them. By visiting our Site or installing and using our ASG Products, you hereby agree with our collection and use of NPII as outlined in this Privacy Policy.

Personally Identifiable Information

Personal data and information (“Personal Identifiable Information” or “PII”) refers to information that can be used to identify a living individual. We may obtain PII from you through two types of interaction (manually submitted by you and automatically collected by us):

  1. INFORMATION YOU SUBMIT TO US MANUALLY

We collect the PII you provide to us on our Site or through our ASG Products, including your name, address, email address, telephone number, and if you pay by credit card, your account information. This happens when you:

  • Create a user account, place an order, register a product
  • Requesting product support or other services
  • Request information about ASG Products
  • Participate in surveys
  1. INFORMATION AUTOMATICALLY COLLECTED AND STORED THROUGH INTERACTION

When you interact with ASG Products or Sites we may maintain a partial or full record about some or all of the following types of information:

  • Your Internet Protocol (“IP”) address
  • Phone number, SIM number, subscriber number, and Device ID – IMEI, MEID
  • Date and time, country, geographic location based on GPS/Wi-Fi/communications network local information.

When we obtain PII from you, we treat such information in accordance with this Privacy Policy and applicable laws. You may decide not to proceed with any activity that requests PII.

By installing or using our ASG Products, you hereby agree with our collection and use of your PII as outlined in this Privacy Policy.

How Do We Use the PII We Collect?

The PII we collect is generally used to help us develop the best protection and performance for you, process your requests and transactions, to tell you about opportunities we think will be of interest to you, to customize your experience with our ASG Products and on our Site and to understand your needs so that we may provide you with the most suitable products and services. For example, we may use your PII to help us:

  • Provide you with information about product upgrades, new products, services, research on future product ideas or improvements
  • Send newsletters, informative e-mails or other information which has the nature of business announcements
  • Create content that is relevant to you
  • Provide you with special opportunities that may be of interest to you, including offers relating to third party products and services
  • Provide you with service messages to your device
  • Assist us in creating better, customized products and services to meet your needs
  • Allow you to purchase and download products, obtain access to services or otherwise engage in activities you select
  • Help you quickly find software, services, or product information important to you
  • Allow you to participate in interactive features of our service, when you chose to do so
  • Notify you about changes to our service

If ASG is involved in a merger, acquisition or asset sale (“Acquisition”), ASG will abide by this Privacy Policy. Affected users will be informed if we transfer any PII or if PII becomes subject to a different privacy policy as a result of such Acquisition.

 

Do We Use Cookies or Other Anonymous Identifiers?

Yes, in certain circumstances.

With Whom Do We Share Your Information?

ASG WORLDWIDE

By providing us with PII, you consent to our ability to send your PII between our Affiliates around the world to provide you with products and services. This may include cross-border transfers of user data. The PII and NPII that you have provided to us may be made accessible to these ASG offices for customer relationship management and marketing purposes.

THIRD PARTIES

ASG does not sell or rent your PII to third parties. ASG, like all major organizations, uses a range of third parties to provide services to ASG and to you – either directly or indirectly. Where relevant, these companies are required to comply with our data privacy and information security standards when handling Personal data.

We may share your PII if we believe in good faith that such disclosure is: a) authorized by law or necessary to comply with a valid legal process or to deliver the product or service you require; b) in response to legal claims; c) required to protect and defend the rights, property or legitimate interests of ASG; d) necessary to protect personal safety, property or other rights of ASG or its customers or employees; e) in connection with a sale of all or part of our business or f) otherwise consented to by you. Such disclosure may include cross-border transfer of PII.

If legally compelled to disclose your information to a third party, we will use commercially reasonable efforts to notify you in advance of a disclosure unless legally prohibited.

SELECTED RESELLERS, DISTRIBUTORS AND OTHER DISTRIBUTION CHANNEL PARTNERS

In certain circumstances, we may share certain of your PII, such as your e-mail contact, with selected ASG Technologies resellers, distributors and other distribution channel partners. This might include cross-border transfer of PII. Some of them may contact you, on our behalf, about products, services or offers that we believe are important to you or your business, or to fulfill any terms under your licensing and service relationship with ASG, and to provide you a local technical and customer support. If you are using any ASG Product with search functionality, we may share your IP address with search providers in order to fulfill your search requests. Please note they may have their own privacy policy which we encourage you to read and understand.

Rights and Responsibilities

If you have given your PII to ASG, you have the right to ask us to advise you of the scope of information ASG processes about you, the purpose and nature of the processing, and information on who we share it with.

If you have given us your PII, you can also request to update, correct, or delete (assuming that this does not impact the services we are providing to you) it at any time. In addition you can opt out of marketing contact upon request, as explained below. If have any questions about this policy or any of the above, please email us at office@aleman.ro or see instructions in the ASG Product.

Please note: we may reject requests which risk the privacy of others or are unreasonable or repetitive, require disproportionate technical effort (such as developing new systems or fundamentally changing an existing business practice), or would be extremely impractical.

ASG Update Bulletin and Other Communications

Some ASG Products enable ASG to transmit product and important service messages to your PC, tablet, mobile phone or other applicable device when you are connected to the ASG Server. For the purposes of this Privacy Policy an ASG Server means any ASG Products related server operated by any ASG company.

If you do not wish to continue receiving our e-mail newsletters, bulletins, or other information from ASG Technologies, you can opt-out at any time by following the relevant unsubscribe process outlined in the applicable email or newsletter. Please be aware that our e-mails may include important or useful information about your ASG Products, including information about your license number or the status of your orders or accounts.

Links to Other Companies

Periodically, our Site or our ASG Products may contain links to and from websites or other external destinations of our business partners, distributors, resellers, advertisers or other third parties. If you follow a link to any of these websites or any other external destination (like offers on mobile app stores etc.), please note that these websites and destinations have their own privacy policy. When you are on those sites you are subject to those policies, and should therefore read and understand them before you submit any PII to those sites.

Co-branded Websites

We may also link to co-branded websites that are maintained by ASG and one or more of our business partners. Please note that these co-branded websites may have their own privacy policy which we encourage you to read and understand.

Security

ASG is committed to maintaining the security of information under our control. To prevent unauthorized access, maintain data accuracy and ensure correct use of information, we have put in place industry-accepted physical, technical and administrative practices to safeguard and secure the information we collect.

Changes of Privacy Policy

We reserve the right to change this Privacy Policy at any time.

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