ONEKIT INTERNET, S.L.
Terms and Conditions - Software License Agreement
END-USER LICENSE AGREEMENT FOR “1PRIVACYPROTECTION”. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
OneKit Internet, S.L. is a Spanish corporation based at Sant Francesc, 4, 2-6, 08290 Cerdanyola del Vallès, Spain, (hereinafter “OneKit”). OneKit End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and OneKit for the SOFTWARE(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and OneKit, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties.
YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED
If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
OneKit owns all intellectual property in the SOFTWARE, which is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
The software feature is to propose upgrading to the latest version of third party programs and applications installed on End User computer or propose the installation of other ones that may be of your interest. The end user may or may not accept the update installation, at his own risk.
In the case that End User accepts the upgrade, the SOFTWARE will offer a third party downloader with the desired software and other commercial offers.
GRANT OF LICENSE.
The SOFTWARE is licensed as follows:
- Installation and Use.
- Backup Copies.
You may also make copies of the SOFTWARE as may be necessary for backup and archival purposes.
- Installation and Use.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE.
You may not distribute registered copies of the SOFTWARE to third parties.
- Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE.
- Support Services.
OneKit DOES NOT provide you with support services related to the SOFTWARE.
- Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE.
- Maintenance of Copyright Notices.
Without prejudice to any other rights, OneKit may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must uninstall the SOFTWARE and destroy all copies of the SOFTWARE in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE and any copies thereof are owned by OneKit or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by OneKit.
OneKit expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided ‘AS IS AND WITH ALL FAULTS’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. OneKit does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE. OneKit makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. OneKit further expressly disclaims any warranty or representation to Authorized Users or to any third party.
Notwithstanding the former, Onekit guarantees that the SOFTWARE, if downloaded from reliable sources owned and/or controlled by Onekit, is free from virus and that does contain any element harmful for user’s computer system's data or performance. Onekit does not make any implicit or explicit guarantee with regards either the SOFTWARE which has been downloaded from any other source or the safety and/or reliability of third parties’ downloaders offered by the SOFTWARE.
LIMITATION OF LIABILITY
In no event shall OneKit be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE, even if OneKit has been advised of the possibility of such damages. In no event will OneKit be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. OneKit shall have no liability with respect to the content of the SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
RESERVATION OF RIGHTS
Onekit informs you that your IP address will become part of a database with personal data called "LOGS".
The purpose of its creation and maintenance is the treatment of the data in order to (i) monitor and analyze use of the SOFTWARE and for the technical administration, (ii) improve the SOFTWARE, and (iii) generate and derive useful data and information concerning the interests, characteristics and use behavior of our users.
The recipients of the information are members of Onekit, group companies and third party content providers for the SOFTWARE.
The refusal to provide the requested authorization of use will result in the inability to use the SOFTWARE.
In any case, you are entitled to exercise the rights of opposition, access, rectification and cancellation as expressly set by Spanish Law 15/1999 of 13 December, by means of the provisions included in Spanish RD 1720-1707 of 21 December.
The data controller is Onekit. To exercise the above rights, and for any clarification, you may write to Onekit, C / Sant Francesc, 4, 2-6, 08290 Cerdanyola del Vallès.
Moreover, you are expressly informed that when you install and run the SOFTWARE, OneKit collects the following non-personally identifiable information (“Non-personal information”): (i) Installation ID code, (ii) country, (iii) date, (iv) offers shown, and (v) offers accepted by the user, which is collected with the same purposes as expressed with regards IP address.
These EULA shall be interpreted, construed and enforced in accordance with Spanish law and shall be subject to the exclusive jurisdiction of the Spanish Courts.