SOFTWARE LICENSE
1. Subject to the User's acceptance and continued compliance with and these terms and conditions, the Provider hereby grants the User a royalty-free, non-exclusive license to use the Software and its components. Save for the right to use the Software expressly provided for in this License, all title to and rights in the Software and its components including without limitation all copyright and other intellectual or industrial property rights remain the property of the Provider or its affiliates or licensors.
2. Upon acceptance of the certificate, a download of Software and components will take place. This Software and components, other components and updates to the same may be installed at any time subsequent to the initial download. All such installations and downloads will occur without materially diminishing the bandwidth available to the User and will be notified to the User. THE USER REQUESTS AND AUTHORIZES THE INSTALLATION AND UPDATING OF THESE COMPONENTS TOGETHER WITH THE SOFTWARE IN ACCORDANCE WITH THE TERMS SET OUT IN THESE CONDITIONS.
3. The User can easily uninstall the components by selecting "mslagent" in the appropriate section of the operating system control panel.
4. This License is valid to the extent that any Computer on which the Software and/or its components are used is located in the territory indicated by the User when installing the Software. If the User does not live or is not normally resident in a territory in which the Provider expressly offers its services, the User must not install or use the Software nor its components.
5. This License is granted for the User's private use only. No User or any other person may decompile, reverse engineer, disassemble or decode the Software or its components or attempt to ascertain their source code by any means, nor modify, adapt, translate or create derivative works based on the Software or its components. No User or other person may sell, rent, lease, distribute, transfer, assign, sublicense or otherwise deal with the Software, its components or any of the rights granted under this License.
6. The proper use and functioning of the Software requires it or its components to be automatically and remotely updated by the Provider. The User hereby authorizes the Provider to carry out such automatic, remote updates in order to improve, adapt and enable use of the Software. The User accepts that these Conditions, including any future variations thereto, will apply to all updates of the Software and/or its components.
7. The Software is provided "as is" without warranty of any kind, either express or implied, including without limitation any warranty of merchantability and/or fitness for a particular purpose. The Provider makes no warranty and/or representation that the Software and/or its components will meet the User's requirements or that the operation of the Software or connection to any content will be uninterrupted or error or virus free.
LIABILITY
8. THE USER IS AWARE AND VOLUNTARILY ACCEPTS THAT THE INSTALLATION AND/OR USE OF THE SOFTWARE AND/OR ITS COMPONENTS TAKES PLACE EXCLUSIVELY AT HIS OR HER OWN RISK.
9. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER HEREBY EXCLUDES ALL LIABILITY IN RESPECT OF:
a) LOSS OR DAMAGE, LOSS OF PROFITS AND ANY OTHER LOSSES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL;
b) ANY CLAIM MADE AGAINST THE USER BY ANY THIRD PARTY;
c) ANY CLAIM, LOSS OR DAMAGE THAT MAY BE CAUSED BY THE SOFTWARE AND/OR ITS COMPONENTS AND/OR THE SERVICE OR THE USE OF OR NON-FUNCTIONING OF THE SOFTWARE AND/OR ITS COMPONENTS AND/OR THE SERVICE. IN THE EVENT OF MALFUNCTION OF THE SOFTWARE, THE PROVIDER'S TOTAL LIABILITY SHALL BE LIMITED TO REPLACEMENT OF THE SOFTWARE; AND/OR
d) DAMAGE, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING:
i) THE CONTENT (INCLUDING WITHOUT LIMITATION ITS NATURE OR ANY INTELLECTUAL PROPERTY RIGHTS THEREIN) OF ANY WEBSITE, TELEPHONE SERVICE OR ANY OTHER DATA, IMAGES OR SOUNDS WHATSOEVER THAT THE USER MAY ACCESS USING THE SOFTWARE AND/OR ITS COMPONENTS AND/OR THE SERVICE;
ii) LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, OR LESSOR OR PROVIDER OF COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF THE INSTALLATION OF, USE OF, OR ACCESSING OF ANY CONTENT BY MEANS OF THE SOFTWARE AND/OR ITS COMPONENTS AND/OR THE SERVICE;
iii) ANY CHARGES WHICH THE USER MAY INCUR TO ANY TELECOMMUNICATIONS SERVICE OR NETWORK OR ANY CONTENT PROVIDER.
10. These Conditions are available only in English. The conditions under which the User contracts for the service will not be stored individually. The up to date version of the Conditions will always be made available at the following link: http://legal.electronic-group.com/t_c_en.html. The Provider reserves the right to amend these Conditions from time to time for legal reasons or because of changes in the provision of the service. If these Conditions are modified, the User may terminate this agreement at any time simply by uninstalling or deleting the Software and its components or ceasing to use the service.
CHOICE OF LAW AND COMPETENT COURTS
11. To the extent that the User is a consumer, in respect of any dispute arising out of these Conditions the Provider hereby submits to the jurisdiction of the courts of the home state of the User. If the User is not a consumer, or even if a consumer then to the extent permitted by applicable law, the competent courts in respect of any such dispute shall be the courts of the domicile of the Provider.
12. These Conditions shall be governed by and construed in accordance with the law of the domicile of the Provider, without prejudice to the mandatory rules of the courts hearing the matter as well as mandatory consumer protection rules.
13. Should any part of these Conditions be or be found to be invalid, illegal or unenforceable, this shall in no way affect the validity of the remaining parts.