End-User License Agreement
Blocksi requires that you accept the following End-User License Agreement before installation can proceed:
Welcome to Blocksi. By using our site, you are agreeing to comply and be bound by all terms and conditions herein. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.
This Agreement is a legal document which sets out your rights and obligations, and those of Askend d.o.o., the owner of Blocksi, a company registered in Slovenia ("Blocksi", “Company”, "we", "us" or “our”), in relation to the Blocksi website (the “Site” or “Website”) and the services offered by Blocksi through it.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions Agreement.
We reserve the right to update or revise these Terms without giving you any notice. Please check the Terms periodically for changes. Your continued use of our Website following the posting of any changes to the Terms constitutes acceptance of those changes.
Company alone shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Blocksi. The company name, the company logo, and the product names associated with the Blocksi are trademarks of company or third parties, and no right or license is granted to use them. The copying, redistribution, use or publication by you of any such matters or any part of the Blocksi is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Blocksi. The posting of information or materials on the Blocksi does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Use of your information
The Company does not own any data, information or material that you or other users submit. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all customer data that you submit, and Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any customer data. Upon request by the applicable Administrator, the Company may remove, modify, edit or otherwise alter any applicable customer data. The Administrator shall also have the power to block, delete or otherwise modify the access of users under its applicable account, and shall be solely responsible for the addition and removal of users under its account.
Company reserves the right to withhold, remove and/or discard customer data without notice for any breach of the Agreement. Upon termination for breach of the Agreement, your right to access or use customer data immediately ceases, and we shall have no obligation to maintain or forward any customer data.
All activity occurring under your user account are your responsibility and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Blocksi, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations which are required by your employer and/or the applicable administrator(s) of your account. You shall (1) notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (2) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or other users to violate this agreement or the intellectual property rights of third parties; (3) and not impersonate another user or provide false identity information to gain access to or use the Blocksi.
Permitted uses and License Grant
Company grants you a non-exclusive, non-transferable, worldwide right to use the Blocksi, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Blocksi and its licensors.
You shall not (1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Blocksi or the content in any way; (2) modify or make derivative works based upon the Blocksi or the content; (3) create Internet "links" to the Blocksi or "frame" or "mirror" any content on any other server or wireless or Internet-based device; (4) or reverse engineer or access the Blocksi in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Blocksi, or (c) copy any ideas, features, functions or graphics of the Blocksi.
You may use the Blocksi only for your internal business purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (5) attempt to gain unauthorised access to the Service or its related systems or networks.
Blocksi is currently free. There might be a premium service annonced in the future that will be payable.
In case of unauthorised use of the Company technology or Blocksi, will be deemed a material breach of this Agreement. If you breach or otherwise fail to comply with this Agreement, the Company may terminate your password, account or use of the Blocksi.
You agree and acknowledge that Company has no obligation to retain the customer data, and may delete such customer data, if you have materially breached this Agreement.
Third Party Content
Third party content may appear on the Blocksi or may be accessible via links. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through the Blocksi, and in no event shall Company or its licensors be responsible for any content, products, or other materials on or available from such sites. We provide the Blocksi to you pursuant to the terms and conditions of this Agreement. You recognise, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
You agree to indemnify and hold Company, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (1) a claim alleging that use of the customer data infringes the rights of, or has caused harm to, a third party; (2) a claim, which if true, would constitute a violation by you of your representations and warranties; or (3) a claim arising from the breach by you or other users of this Agreement, provided in any such case that Company (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Company of all liability and such settlement does not affect company's business or service); (c) provides to you all available information and assistance; (d) and has not compromised or settled such claim.
Representations and Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Company represents and warrants that it will provide the Blocksi in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Blocksi will perform substantially in accordance with the online company help documentation under normal use and circumstances.
You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Blocksi and that your billing information is correct.
Company and its licensors make no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Company and its licensors do not represent or warrant that (1) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The service and all content is provided to you strictly on »as is« basis. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS LICENSORS.
Blocksi’s services may be subjected to limitations, delays and other problems inherent in the use of the internet and electronic communications. Company IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
Company shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors or omissions from the Blocksi, (b) the unavailability or interruption of the Blocksi or any features thereof , (c) your use of the Blocksi, (d) the content contained on the Blocksi, or (e) any delay or failure in performance beyond our control.
The interpretation of and any legal questions in connection with the use of Blocksi shall be subject exclusively to the application of English law. Any claims or disputes in connection with the use of the Blocksi shall be resolved by the competent court in England and Wales.
By using the Blocksi, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Company and its licensors make no representation that the Blocksi is appropriate or available for use in other locations. If you use the Blocksi from outside England and Wales, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the content contrary to European Union (including European Union Member States) law is prohibited.
Changes in terms and conditions
Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Blocksi at any time, effective upon posting of an updated version of this Agreement on the Blocksi. You are responsible for regularly reviewing this Agreement. Continued use of the Blocksi after any such changes shall constitute your consent to such changes.
This Agreement may not be assigned by you without the prior written approval of Company but may be assigned without your consent by Company to (a) a parent or subsidiary, (b) an acquirer of assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
This Agreement shall be governed by European Union export laws, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Blocksi shall be subject to the exclusive jurisdiction. No text or information set forth on any other purchase order, pre-printed form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Blocksi. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This Agreement, together with any applicable Invoices, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
By "content" we mean the audio and visual information, documents, software, products and services contained or made available to you by the Company in the course of using the Blocksi.
By "Company technology" we mean all of company's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by company.
By "customer data" we mean any data, information or material provided or submitted by you to the Blocksi in the course of using the Blocksi.
By "intellectual property rights" we mean unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
By "license term(s)" we mean the period(s) during which you are licensed to use the Blocksi pursuant to this Agreement and any applicable order form(s).
By "User" we mean an individual authorised to use the Blocksi and have been supplied user identifications and passwords (or by Company at your request or the applicable Administrator’s request).
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