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Software License Agreement For Anaguma Solutions' Link Defender
1. DEFINITIONS AND INTERPRETATION: "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. "SOFTWARE" refers to Anaguma Solutions' Link Defender software. "Documentation" means the technical and user documentation to be provided by Anaguma Solutions. "Confidential Information" means all confidential, scientific, technical, financial, business and other information, all manufacturing, marketing, sales and distribution data, all scientific and test data, documents, methods, techniques, formulations, operations, know-how, experience, skills, trade secrets, computer programs and systems, processes, practices, ideas, inventions, designs, samples, plans and drawings.
2. LICENSE GRANT. Anaguma Solutions grants you a license to use the App on one Windows device or multiple devices that are affiliated with the one Microsoft account that you use to access the Office product, for as many per-mailbox licenses as you purchase, for the period set forth in the Order Form. You may not install or use a copy of the App on a device you do not own or control. If the period is not specified in the Order Form then the term is twelve (12) months. The license will terminate if you fail to comply with any term or condition in this agreement, including failure to pay associated fees when due. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. This license is not transferable, including by way of indirect transfer, such as a consignment, to any other organization or individual. You are expected to use the SOFTWARE on your device(s) and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the SOFTWARE. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only. You may not copy the SOFTWARE or the documentation except as specifically provided for by this Agreement. You may not remove any proprietary notices, labels, or marks on the SOFTWARE or documentation. This license applies to updates, supplements, add-on components of the SOFTWARE that Anaguma Solutions may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE, unless they are accompanied by separate terms. Anaguma Solutions reserves the right to discontinue supplements or add-on components provided to you or made available to you through the use of the SOFTWARE.
3. INTERNET-BASED SERVICES. Anaguma Solutions may provide Internet-based services with the SOFTWARE. In addition to the following, your use of those services is subject to the terms provided to you by Anaguma Solutions and/or your wireless carrier.
Consent for Internet-Based or Wireless Services. The SOFTWARE may connect to computer systems over an Internet-based and/or wireless network. In some cases, you will not receive a separate notice when they connect. Using the SOFTWARE operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and App software, and peripherals) for Internet-based and/or wireless services.
Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else's use of it or the wireless network. You also may not use any Internet-based service to try to gain unauthorized access to any service, data, account, or network by any means.
4. OWNERSHIP. The SOFTWARE is owned and copyrighted by Anaguma Solutions. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
5. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Anaguma Solutions and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
6. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
7. DELIVERY. Delivery of the SOFTWARE and documentation shall be made by electronic means and such delivery shall be deemed to have been made upon Anaguma Solutions making the SOFTWARE or documentation available to you for download or by providing you with a key for such usage. Notwithstanding the foregoing, where the Order Form provides for physical delivery or where electronic delivery is not possible given the nature of the requirements, delivery shall be deemed to have been made upon the transfer of the SOFTWARE by Anaguma Solutions to its shipping agent.
8. SUPPORT SERVICES. The SOFTWARE is provided "as is". Contact Anaguma Solutions to determine if any support services are available. The license does not create any obligation upon Anaguma Solutions to develop, make available, offer for sale, repair, release or support the SOFTWARE for the benefit of you or any third party.
9. ORDER FORMS. Anaguma Solutions will issue an invoice only after receiving a Purchase Order from you.
10. FEES AND PAYMENTS. You shall pay Anaguma Solutions the fees, charges and other amounts specified in an Order Form in accordance with the terms of such Order Form. To the extent such fees are required to be paid up front, you shall pay such fees in accordance with the instructions provided in such requirement. In the event the Order Form paperwork does not provide for the terms for the payment of such fees, you shall pay Anaguma Solutions the fees, charges and other amounts set forth in the applicable Order Form within thirty (30) days of the date of invoice. Anaguma Solutions is expressly authorized by you to ship the SOFTWARE upon execution of the applicable Order Form and, to the extent applicable, to invoice any applicable fees, charges or other amounts upon delivery. Overdue balances are subject to a service charge equal to the lesser of 1.5% per month or the maximum legal interest rate allowed by law. Other than as specifically provided herein, you will not be entitled to a refund of amounts paid for the license to use the SOFTWARE or services provided, or any other amounts for any reason. You shall be responsible for taxes levied on any transaction under this Agreement, including all federal, state, and local taxes, levies and assessments, excluding any tax based on Anaguma Solutions' income.
11. CONFIDENTIAL INFORMATION. During the term of this Agreement, each party will regard any information provided to it by the other party and designated in writing as proprietary or confidential to be confidential ("Confidential Information"). Confidential Information shall also include information which, to a reasonable person familiar with the disclosing party's business and the industry in which it operates, is of a confidential or proprietary nature. A party will not disclose the other party's Confidential Information to any third party without the prior written consent of the other party, nor make use of any of the other party's Confidential Information except in its performance under this Agreement. Each party accepts responsibility for the actions of its agents or employees and shall protect the other party's Confidential Information in the same manner as it protects its own valuable confidential information, but in no event shall less than reasonable care be used. The parties expressly agree that the SOFTWARE and the terms and pricing of this Agreement are the Confidential Information of Anaguma Solutions. You will not remove or destroy any proprietary markings or restrictive legends placed upon or contained in the SOFTWARE. A receiving party shall promptly notify the disclosing party upon becoming aware of a breach or threatened breach hereunder, and shall cooperate with any reasonable request of the disclosing party in enforcing its rights. Information will not be deemed Confidential Information hereunder if such information: (i) is known prior to receipt from the disclosing party, without any obligation of confidentiality; (ii) becomes known to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise publicly available, except through a breach of this Agreement; or (iv) is independently developed by the receiving party. The receiving party may disclose Confidential Information pursuant to the requirements of applicable law, legal process or government regulation, provided that it gives the disclosing party reasonable prior written notice to permit the disclosing party to contest such disclosure, and such disclosure is otherwise limited to the required disclosure. Each party's responsibility for the protection of the other's Confidential Information is an ongoing obligation that will survive the termination or expiry of the Agreement.
12. NO OTHER WARRANTIES. ANAGUMA SOLUTIONS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. ANAGUMA SOLUTIONS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
13. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
14. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ANAGUMA SOLUTIONS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF ANAGUMA SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANAGUMA SOLUTIONS'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. THIS SOFTWARE AND THE ACCOMPANYING FILES CONTAIN NO WARRANTY. THE USER ASSUMES ENTIRE RISK OF USE.
15. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and regulations enacted under the Export and Import Permits Act as well as the U.S. export controls regulations administered by the U.S. Dept. of Commerce (15 CFR, Chapter VII) and that you will comply with all applicable laws and regulations. You will not export or re-export the SOFTWARE, or portion thereof, directly or indirectly, in violation of the Canadian and U.S. export administration laws and regulations to any country or end user; or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this SOFTWARE may include technical data subject to such Canada and U.S. export regulations.
16. EXPIRATION OF RIGHTS. Your rights to the SOFTWARE set forth in Section 2 shall automatically expire if at any time you (a) are no longer employed by the Customer; or (b) are no longer the primary user of a licensed copy of the SOFTWARE with a valid current update subscription; or (c) install any other version of the SOFTWARE that is subject to a License. In either such event, you must cease use of the SOFTWARE, uninstall it from the computer or device on which you installed it and destroy all copies of the SOFTWARE and all of its component parts.
17. CONSENT TO USE OF DATA. You agree that Anaguma Solutions and its affiliates may collect and use technical information gathered as part of the services provided to you, if any, related to the SOFTWARE. Anaguma Solutions may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
18. LINKS TO THIRD PARTY SITES. Anaguma Solutions is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Anaguma Solutions may provide these links and access to third-party sites and services to you as a convenience only, and the inclusion of any link or access provided by Anaguma Solutions does not imply an endorsement by Anaguma Solutions of the third-party site or service.
19. TERMINATION. This License is in effect until terminated and will terminate automatically if you fail to comply with the limitations described herein. This License is valid for the period set forth in the Order Form. If the period is not specified in the Order Form then the term is twelve (12) months from the date you purchase the SOFTWARE. If this Agreement is not renewed and paid for by you prior to the anniversary date thereof, the License will terminate automatically.
20. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by The Province of Ontario and the federal laws of Canada without regard to its conflicts of law provisions. To resolve any legal dispute arising from this Agreement, you and Anaguma Solutions agree to the exclusive jurisdiction of the Province of Ontario. Anaguma Solutions does not represent that the SOFTWARE is appropriate or available for use in all countries. Anaguma Solutions prohibits accessing materials from countries or states where contents are illegal. You are using the SOFTWARE on your own initiative and you are responsible for compliance with all applicable laws. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
21. ENTIRE AGREEMENT. This is the entire agreement between you and Anaguma Solutions which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license. The Agreement may be amended only in writing executed by both parties. THE ACCEPTANCE OF ANY ORDER FORM PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR ORDER FORM. If any provision of this Agreement is held to be unenforceable, for any reason, such provision shall be reformed to the extent necessary to make it excluded, and enforceable and the remainder of this Agreement shall nonetheless remain in full force and effect.
Effective as of July 25, 2018.
Anaguma Solutions operates the https://anaguma.solutions website, and the Link Defender application (the "Service").
Service means the https://anaguma.solutions website, and the Link Defender application.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or device).
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
2. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
Registration information: Information you provide to us when you register for an account.
Plan + Billing info: We store information about your Plan. If you subscribe to a paid plan, we require you to provide your billing details.
Typeform data: We store your typeform data (questions and responses).
Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us at firstname.lastname@example.org.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a device ("Usage Data").
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, file names, sizes and types (send or receive), unique device identifiers and other diagnostic data.
When you access the Service by or through a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your operating system, the type of Internet browser you use, file names, sizes and types (send or receive), unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customize our Service.You can enable or disable location services when you use our Service at any time, through your device settings.
"Aggregate Information" is data we collect about a group or category of services or Users from which individual User identities have been removed. In other words, information on how you use the Applications, the Link Defender Services, and the Site may be collected and combined with information about how others use the Applications, the Link Defender Services, and the Site, but no personally identifiable information will be included in the resulting Aggregate Information. Aggregate Information helps us understand trends in our Users' needs so that we can better consider new features or otherwise tailor the Applications, the Link Defender Services, and the Site.
Tracking Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
3. Use of Data
Anaguma Solutions uses the collected data for various purposes:
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
4. Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Anaguma Solutions may process your Personal Data because:
We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it's not overridden by your rights
For payment processing purposes
To comply with the law
5. Retention of Data
Anaguma Solutions will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
6. Transfer of Data
Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
7. Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Anaguma Solutions may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Anaguma Solutions may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Anaguma Solutions
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
8. Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
9. "Do Not Track" Signals Under California Online Privacy Protection Act (CalOPPA)
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
10. Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Anaguma Solutions aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Anaguma Solutions relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
11. Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.
We may use third-party Service Providers to push notifications to you the method that uses our service efficiently.
12. Links to Other Sites
13. Children's Privacy
Our Service does not address anyone under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
15. Contact Us