"Fisherlife" S.R.L. PRODUCT END USER LICENSE
AGREEMENT AND TERMS OF USE


BY ACCEPTING THESE TERMS, YOU CONFIRM THAT YOU ARE LAWFULLY ABLE TO ENTER INTO AND FORM CONTRACTS BASED ON THE APPLICABLE LAW IN YOUR JURISDICTION (FOR EXAMPLE, IN THE UNITED STATES, YOU MUST BE OVER 18 YEARS OLD). BY USING OUR PRODUCTS, CLICKING THE “I AGREE”, “ACCEPT” OR “YES” BUTTON, LOADING THE PRODUCTS OR OTHERWISE INDICATING ASSENT, YOU ARE AGREEING TO THESE TERMS, WHICH WILL BECOME A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND "Fisherlife" S.R.L. . PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU AGREE TO THEM.


The “Standard Terms and Conditions of Business of "Fisherlife" S.R.L. ” are available on www.bulwarklabs.com/terms-conditions, which you may have accepted when purchasing our Products and, in such a case, will apply in addition to, and supplement the provisions of, these Terms. In the case of a conflict between these Terms and the Terms and Conditions, these Terms shall govern.

Some of our Products may come with additional product information (“Product Information Sheet”) and/or written materials, in printed or electronic form, describing the features of a particular Product and/or Update or Upgrade (as defined below) that are designed to help you effectively use a particular Product, Update or Upgrade (“Documentation”). Any additional terms described in the Product Information Sheet will become part of these Terms. Any other materials and Documentation are for reference purposes only, do not constitute a representation and/or warranty and shall not be binding on either you or us.

When you accept these Terms, you also agree that our privacy policy then-existing at www.bulwarklabs.com/privacy-policy applies to you and that you allow us and, as applicable, our Product providers to collect, transfer, backup and store your Personal Data and other data pursuant to the terms of the privacy policy. Please review our privacy policy on a regular basis as it will provide you with the most up to date information with respect to how we collect, store and use your data.


1. USING OUR PRODUCTS

With respect to all of our Products, you must comply with these Terms and any other terms and policies that you have accepted. You must not misuse our Products in any manner. Purely for the purpose of providing examples of such misuse, do not interfere with our Products, try to access them using a method other than the interface or instructions we provide or bypass any measure we may use to prevent or restrict access to our Products or some part of our Products. You must comply with applicable domestic and international law when using our Products and you may not use our Products, without limitation, to upload, download, post, submit, distribute or facilitate the distribution of any content that may infringe someone’s intellectual property rights, rights to confidential information or privacy or which violates any export laws or any other right of a third party.

If you do not comply with the applicable law and/or these Terms, we may be forced to bring an action to collect damages and/or prohibit your behavior or stop you from any unauthorized use of our Products. Some unlawful activity may even result in criminal prosecution under relevant law. Nobody wants this, so please comply with the law and these Terms.

Unless expressly stated otherwise, using a particular Products does not give you ownership of any intellectual property rights in such Product or any of the content you access. You may not use content from our Products unless you obtain permission from the owner of such content or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Products. Never remove, obscure or alter any legal notices displayed in or along with a respective Product.

For some of our Products (for example, "Fisherlife" S.R.L. Answers), we provide a platform allowing users to interact with other members in the "Fisherlife" S.R.L. user community and/or Experts. As part of such platform, we may also provide users with the possibility of negotiating and completing transactions with Experts. "Fisherlife" S.R.L. is not and shall not be either a party to any agreements or transactions by and between any users and/or Experts nor an agent of any user for any purpose. For the avoidance of doubt, "Fisherlife" S.R.L. shall in no way be held responsible for the actions and/or omissions of users via any of its platforms unless we have expressly let you know otherwise in these Terms.

You are responsible for familiarizing yourself with the key functions and features of a respective Product as you bear the entire risk associated with a particular Product meeting your individual requirements and needs. You are responsible for installing a respective Product, Update and/or Upgrade and complying with any of our instructions concerning the installation of a respective Product and any associated Updates and Upgrades. You are also responsible for setting up and maintaining a functional hardware and software environment and for performing regular data backups.

You must notify us of any alleged or potential defect with a respective Product as soon as possible. If you provide us with an email address or other contact information in order to allow us to send you important information (including security-related information) for the use of a particular Product, it is your responsibility to update us with any changes to such contact information. We will not be liable for any damages resulting from your failure to notify us of a change in your email address and/or contact information in a timely manner.

2. YOUR "Fisherlife" S.R.L. ACCOUNT

You will need to create a "Fisherlife" S.R.L. specific account (“Account”) in order to use some of our Products. You are responsible for any activity associated with your Account user ID and password. If you believe your Account is or may be compromised, you must notify us and change your password immediately. You may not create an Account if you are currently restricted or prohibited from having such an Account or using a particular Product.

With respect to our "Fisherlife" S.R.L. Secure Backup Product, in the event you have not signed up for automatic renewal and do not renew your paid License, we will grant you a fifteen-day (15) grace period after the expiration of a respective License Term during which you will still have access to your Account. Following the initial grace period, your Account shall be disabled, but any data you backed up shall not be deleted, for a period of thirty (30) days. During the thirty-day (30) period, you will receive regular notifications stating that such data will be deleted on a specific date unless you renew the respective License Term. During the thirty-day (30) period, you may contact our customer support at any point to transfer your selected backed-up data to a free account. If you do not either (i) renew by the deletion date stated in the notice or (ii) contact our customer support to transfer your backed-up data to a free account, such data will be deleted and you will have to create a new Account. You may request, in writing, to have your backed-up data removed from our servers at any time and such request will be processed within seven (7) business days. If you do not explicitly request such removal, we may store your data exclusively for technical reasons up to a maximum of ninety (90) days after the termination or expiration of the License Term with respect to the "Fisherlife" S.R.L. Secure Backup Product; provided, however, we will retain your account information as required for business operations and compliance with applicable laws.

With respect to our "Fisherlife" S.R.L. Social Network Protection Product you must be the parent or legal guardian of the child or children for whom you desire to use the "Fisherlife" S.R.L. Social Network Protection Product and associated website and must not use the "Fisherlife" S.R.L. Social Network Protection Product with respect to any person who is 18 years of age or older, is married or is otherwise emancipated and who has not consented to your use of the "Fisherlife" S.R.L. Social Network Protection Product with respect to them. You must delete from your "Fisherlife" S.R.L. Social Network Protection Product account any child or children for whom you have been previously using the "Fisherlife" S.R.L. Social Network Protection Product who becomes 18 years of age, becomes married or becomes otherwise emancipated, or rescinds their consent for you to use the "Fisherlife" S.R.L. Social Network Protection Product in connection with them.

With respect to our "Fisherlife" S.R.L. Answers Product, you may be able to register as a member of an expert community advising individuals who may be experiencing problems with their computer hardware and/or software (“Expert”). In order to register as an Expert, you must be a business, and must represent and warrant that the business is duly organized, validly existing and in good standing in the country in which the business is registered and that you, the individual in control of such Expert Account, have the requisite authority to act on behalf of the business. If you, subsequently, delete your Expert Account, information provided by you, will no longer be visible on "Fisherlife" S.R.L. Answers (with the exception of certain information we retain for accounting purposes).

Nothing stated in these Terms shall limit our ability to cancel, suspend or terminate any of your Accounts in our sole discretion.

3. THIRD PARTY CONTENT, THIRD-PARTY TOOLS AND REMOTE ACCESS

If some of our Products display content, tools or functions that are not ours (“Third-Party Content”), such content is the sole responsibility of the party or entity that makes it available and we assume no responsibility whatsoever for it. If Third-Party Content is subject to special licenses, terms and/or conditions, you may need to agree to abide by such third-party terms and/or conditions in order to use the Third-Party Content. If you do not agree to such third-party terms and we incorporate Third-Party Content into one of our Products, you may no longer be able to properly use and/or fully access such Product.

Some of our Products use features and applications that may allow you to grant someone access to information stored on and about your Devices (“Remote Access”). Such access is conditional upon you consenting to the Remote Access. Please remember that such features, while designed to be used in order to facilitate the use of certain Products and helping you resolve issues you may be experiencing with a particular Device, can provide other people with access to certain information stored on such Device, information about your Device and/or access to information on your Device. We assume no responsibility or liability for what happens to your Device(s) once you grant someone Remote Access.

Additionally, in conjunction with accessing and/or using some of our Products (including Products that require Remote Access), you may also obtain access to certain third party applications and/or tools (“Third Party Tools”). "Fisherlife" S.R.L. assumes no responsibility whatsoever for use of such Third Party Tools. Furthermore, such Third Party Tools may be subject to special licenses, terms and/or conditions. By accessing and/or using such Third Party Tools, you agree to abide by any and all relevant licenses, terms and/or conditions associated with such Third Party Tools.

4. OWNERSHIP RIGHTS, LICENSE GRANT & USE RESTRICTIONS

Our Products are the key to our business and we take protecting our intellectual property rights (and those of our licensors) very seriously. Please read the information below as it explains your rights with respect to the Products including important information with respect to your ability to download and use a particular Product on multiple Devices.

Important Definitions: To explain the full meaning of certain terms used in this section, we want to define the following (please note, however, that the definitions below shall apply throughout these Terms and not exclusively to this Section):

  • Device: means any electronic device that is able to process data with the assistance of a programmable calculation specification.
  • License: means your right to use a respective Product subject to these Terms and the Terms and Conditions existing as of the date you are bound by the respective Terms and Terms and Conditions. The License shall stipulate the nature and scope of your right to use a particular Product. For Licenses that include access to an Update and/or Upgrade Service, such License also grants you the right to receive and use Updates and/or Upgrades during the License Term for a respective Product. To be clear, if a License does not include access to an Update and/or Upgrade Service you may only use the version of the Product, for which you have paid, for the respective License Term.
  • License Term: with respect to some of our Products, the License Term commences as soon as you have received access to the respective Product (for example, via a software key). With respect to some of our other Products, the License Term commences as soon as you create an account, install, access or use such Products. The License Term continues for the period we grant you a License for a respective Product and any extension and/or renewal of this period of time.

Product Lifecycle: Our Products have a specific product lifecycle (“Product Lifecycle”) that governs the operating system on which a particular Product will be compatible and how long we will support such a Product. A particular Product may be incompatible with an operating system unless identified in the Product Lifecycle or once the support period for such operating system has expired. We encourage you to check it prior to purchasing or renewing a particular Product to ensure compatibility with your operating system.

License Grant: The Products are protected by international copyright laws, treaties and other laws. We, and our licensors, own and retain all right, title and interest in and to the Products, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights. These Terms and the Terms and Conditions do not transfer to you any title to or in the Products and you do not acquire any rights to any of the Products except as specified below. Conditioned on your continued compliance with these Terms and respective Terms and Conditions, we grant you a personal, revocable, limited, non-exclusive, non-transferable license for the Products for the duration of the License Term to activate, use and access the Products for personal or business purposes as expressly permitted in the respective Product Information Sheet. For Products for which no special Licenses for the simultaneous saving, storing and other simultaneous use of the Products across multiple Devices (“Multiple Use”) are available according to the relevant Product Information Sheet, the License is restricted to a single copy of the respective Product. In such a case, if you change the Device on which you are using or have installed a respective Product, you must delete any applicable software from the Device and reinstall it on your new Device. For Products whose Product Information Sheet provides for special Licenses for Multiple Use, Multiple Use shall be permissible only if, and to the extent that, you purchased and were granted the relevant type or number of Licenses by us.

Trial License and Freeware: A License to use our Products for trial purposes for a limited period of time (“Trial License”) or a License provided to you free of charge (“Freeware”), is provided “as is” and does not include any product support. You may not use a Trial License in a production environment.

Updates and Upgrades: We may provide enhancements, modifications, revisions and/or new versions of a particular Product in form of an update or upgrade (“Update” and “Upgrade” respectively, the classification of which shall occur according to our sole discretion) free of charge or against payment in different frequencies and intervals (each and all an “Update and/or Upgrade Service”). If and when we provide Updates and/or Upgrades, you must download and install such Updates and/or Upgrades in order to obtain maximum benefit from the Product. Moreover, if you do not use the most recent version of the Product, the functionality of the Product may be reduced or impaired in whole or in part. For the purposes of ease-of-use and effective operation of our Products, you agree that particular Updates and/or Upgrades may be automatically installed with or without user interaction. We will not implement automatic installations which lead to a material change in the features of a Product, for which you have purchased a license, without your consent.

License Restrictions: The License granted to you is limited. To further clarify what we meant in Section 2 above, you may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Products or any component thereof in any manner not expressly permitted by these Terms. In addition, you may not, or cause any third party to do so, (a) modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels or copy protection features from any of our Products or (b) license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Products in any manner not expressly permitted in these Terms and the Terms and Conditions.

You cannot use any of our Products in special risk areas that require error-free, permanent operation of relevant systems and in which the failure of a respective Product may result in a direct risk for life, body or health or in substantial damages to property or the environment (high risk and high availability activities, including, but not limited to, the operation of nuclear facilities, weapon systems, aviation navigation or communication systems, life support systems and equipment, machine and production processes of pharmaceuticals and food production). ANY VIOLATION OF THIS PARAGRAPH VOIDS ANY AND ALL WARRANTIES WE PROVIDE AND WE DO NOT WARRANT OR GUARANTEE THAT ANY OF OUR PRODUCTS ARE FIT FOR USE IN SPECIAL RISK AREAS.

Third-party claims. You must notify us without undue delay if a third party asserts claims against you, claiming a respective Product infringed and/or infringes such third party’s intellectual property rights (Rechtsmangel), and any documents or correspondence or other forms you receive associated with such claim must be turned over to us immediately.

Feedback. We welcome your feedback and suggestions about our Products. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to us, you represent that such Feedback does not violate the intellectual property of any third party and that you have all rights necessary to convey, and hereby do convey, to us the right to use such Feedback. In addition, any Feedback received through our Products will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or in part) and otherwise fully exploit the Feedback worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

5. INDEMNITY

You agree to defend, indemnify and hold "Fisherlife" S.R.L. , its affiliates, subsidiaries, directors, officers, employees, agents, business partners and licensors (“"Fisherlife" S.R.L. Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any of Your Content you upload into one of our Products; (b) your violation of any rights of a third party; (c) your violation of any law or (d) your false, fraudulent, malicious or inaccurate representation of your identity.

Furthermore, you agree to indemnify the "Fisherlife" S.R.L. Indemnified Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from your use of our Products in violation of these terms.

6. TECHNICAL SUPPORT

With respect to some of our Products, at our sole discretion, we may offer technical support as fully detailed at www.bulwarklabs.com/support. We provide such technical support without any warranty of any kind. Prior to obtaining such support, it is your responsibility to back up all of your existing data, software and programs. We may cease or suspend offering technical support with respect to a particular Product at any time.

7. MODIFYING OUR PRODUCTS

We are constantly improving and changing our Products. We may suspend or stop offering a particular Product or add or remove functionalities or features. We may perform such modifications without providing you with prior notice of such modification.

8. TERM AND TERMINATION OF OUR PRODUCTS

These Terms will continue to govern the relationship between you and us with respect to a particular Product until the expiration of your License Term or until they are terminated because you violate them, fail to pay the License fees, we are required to do so by law or we cease to offer a particular Product. The expiration of a term with respect to one Product does not automatically terminate these Terms with respect to another Product.

You can stop using a particular Product at any time. If you signed up for automatic renewal of a particular Product, it means you would like to renew a License to such Product at the end of a particular License Term for the list price effective at the time of the renewal and you acknowledge that we may not notify you that a particular License Term is ending. If you do not want to renew, you need to give us 45 days’ notice prior to the end of a particular License Term and before the beginning of the next License Term so that we do not charge you. If we do end up charging you a License fee because you did not provide us with your notice of termination in time, you will have thirty (30) days after you were charged such fee to obtain a refund.

Once a License terminates or expires, your right to use a respective Product, Update or Upgrade, as applicable, ends immediately and you must remove any installed Product(s) (and any back-ups) from each respective Device(s). We may require you to provide written confirmation that you have, indeed, removed or destroyed the applicable material.

9. WARRANTIES AND DISCLAIMERS

Some of our Products may come with a limited warranty. Any of our paid Products include a limited warranty where we warrant that, for thirty (30) days from the date of purchase, such Product will operate substantially in accordance with the Documentation and that the media (e.g., CD ROM), if any, on which such Product was provided to you will be free from defects in materials and workmanship.

If you did not intentionally or accidentally cause the defect in the respective Product, your exclusive remedy for the breach of the foregoing limited warranty shall be, at our option, either (i) a return of the fee you paid; (ii) a replacement of the defective media on which the particular Product was provided to you; or (iii) receipt of a defective-free version of the respective Product by either us replacing the Product or fixing the underlying problem causing the defect. You must return any defective media to us or to the reseller that provided the media to you, at your expense, with a copy of your receipt.

THIS LIMITED WARRANTY IS VOID IF YOU CAUSED THE DEFECT, EITHER INTENTIONALLY OR ACCIDENTALLY. EXCEPT FOR THE LIMITED WARRANTY THAT MAY APPLY TO SOME OF OUR PRODUCTS, AND/OR PARTICULAR PARTS THEREOF, OUR PRODUCTS ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OF ANY KIND AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WE ALSO EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES RELATING TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR ABILITY TO INTEGRATE A PARTICULAR PRODUCT WITH OTHER PRODUCTS. YOU ASSUME RESPONSIBILITY FOR SELECTING A PARTICULAR PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM SUCH PRODUCT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT OUR PRODUCTS WILL PROTECT AGAINST ALL POSSIBLE THREATS, BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES, THAT OUR PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT OUR PRODUCTS ARE FIT FOR USE IN SPECIAL RISK AREAS.

10. OUR LIMITATION OF LIABILITY

You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DAMAGES FROM LOST PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR OR A RESELLER’S AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES UNDER THESE TERMS EXCEED THE PRICE YOU PAID FOR THE PARTICULAR PRODUCT.

THE PROVISIONS OF SECTIONS 12 AND 13 SHALL APPLY TO ANY USER AND AUTHORIZED RESELLER, AS APPLICABLE, OF OUR PRODUCTS AND SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Refund Policy

If you are not completely satisfied with any of the "Fisherlife" S.R.L. Product, please contact us within 30-days of purchase for a full refund.

We provide a 30-day, money back guarantee. This cooling-off period is designed to ensure that you are happy with your purchase of "Fisherlife" S.R.L. software and to remove any risk from your purchase.

Beyond this cooling-off period, "Fisherlife" S.R.L. will not normally give refunds if you change your mind. We do however provide 24/7 technical support and will happily solve any technical challenges you encounter with our software.

12. ADDITIONAL INFORMATION ABOUT THESE TERMS

We may suspend or stop providing our Products to you if you do not comply with these Terms, the Terms and Conditions, Product Information Sheet, Documentation or any additional terms that become part of these Terms or if we are investigating suspected misconduct.

We may modify these Terms or any additional terms that apply to a Product to, for example, reflect changes to the law or changes to our Products. We will publish these revised Terms on our website, but will likely require you to accept the updated Terms. Such updated Terms will control the relationship between you and us. If you do not agree with a modification to these Terms, you may stop using our Products and be eligible for a refund, as applicable.

A breach, whether threatened or actual, of these Terms will cause us irreparable injury and such injury may not be quantifiable in monetary damages and we would not have adequate remedy at law. As such, we are entitled, in addition to all other available remedies, to seek and be awarded an injunction or other appropriate equitable relief for any breach of these Terms, whether threatened or actual.

Your use of our Product may be subject to export and re-export control laws and regulations, including, without limitation, the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert or otherwise dispose of any Products to any end-user without obtaining the required authorizations from the appropriate government authorities and/or regulatory bodies.

These Terms or your use of our Products does not create a joint venture, partnership, employment or agency relationship with us.

The provisions of Sections 5 through 8 and 11 through 15 and the similarly relevant parts of Section 15 will survive the termination of these Terms for any reason.

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