1. License Grant and Restrictions
Agency9 retains and acquires all right, title, and interest in and to the Software and any Confidential Information including, without limitation, whether registered or not, anywhere in the world, copyrights, inventions, patents, trademarks, service marks, trade secrets, know-how, Derivatives, and services relating to any of the foregoing and all other intellectual property rights.
User shall not remove or obscure any copyright notices, Confidential Information designations or proprietary legends contained within the Software or appearing on any Confidential Information.
“Derivatives” means (a) for copyrighted or copyrightable material, any abridgment, revision, translation, enhancement, improvement, modification, expansion, compilation or other form in which an existing work may be recast, transformed or adapted, (b) for patented or patentable material, any improvement thereof, or (c) for trade secrets, any new material derived from such existing trade secret material, including new material which may be protected by copyright, patent or trade secret.
3.2 Confidential Information shall not include any information which, in all material respects: (i) is compelled by law or any governmental or regulatory authority to be disclosed, provided that User promptly notifies Agency9 of such an order and the ultimate disclosure is made in the most restrictive manner possible; (ii) is or becomes part of the public domain through no fault of User; (iii) is lawfully known to User, free of any confidentiality obligations, prior to disclosure by Agency9; (iv) is received by User, free of any confidentiality obligations, from a third party not owing an obligation of confidentiality to any other third party or Agency9; (v) is independently developed by User prior to the receipt of the Confidential Information, as clearly established by written records; or (vi) is approved in writing for public release by Agency9. User shall bear the burden of establishing any exclusion to Confidential Information.
4. Warranty, Limitation of Liability
4.1 User understands and agrees that the Software provided may or may not be the latest version of the Software, that Agency9 has no obligation to update, enhance, correct or otherwise change or improve the Software.
4.2 USER AGREES THAT THE SOFTWARE, DOCUMENTATION, UPDATES OR ENHANCEMENTS, CONFIDENTIAL INFORMATION, AND ANY SERVICES PROVIDED BY AGENCY9 ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. USER ASSUMES ANY AND ALL LIABILITY CONCERNING INSTALLING THE SOFTWARE AND DETERMINING WHETHER THE SOFTWARE IS SUITABLE, SECURE, AND RELIABLE FOR ITS PURPOSES. AGENCY9 DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. AGENCY9 SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
5. Term, Termination, and Access Enforcement
5.2 Agency9 reserves the right at its own discretion to disable access to Service and delete Users a) with invalid email addresses b) being inactive for more than 6 months and not being managed under effective Customer account. Such termination shall only take effect after email notice from Agency9.
6. Personal Data and Privacy
6.2 According to the Personal Data Act (1998:204), Agency9 must obtain the consent of the registered persons (i.e. the User) to the processing of the relevant personal data by Agency9.
6.3 According to the Electronic Communications Act (2003:389), Agency9 must obtain the consent of the registered persons (i.e. the User) to the purpose of storage and retrieval of information on the registered persons’ end terminal equipment.
6.4 By accepting this agreement, the User explicitly consents to (a) the collection and processing by Agency9 of personal data as described above, (b) the storage of such data until the user account is terminated by the User, and (c) the storage and retrieval of information on the User’s end terminal equipment as described above.
- d) receiving formal email notices related to the subscription of the service
- e) accepting to receive newsletters and product updates as email related to the service. The User can opt-out from receiving such emails at any time.
User has no obligation to give Agency9 any suggestions, comments or other feedback (“Feedback”) relating to the Software. However, Agency9 may use and include any Feedback that User voluntarily provides to improve the Software or other related Agency9 technologies. Accordingly, if User provides Feedback, User agrees Agency9 and its licensees may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the Software or other related technologies. User further agrees not to provide any Feedback that (i) User knows is subject to any patent, copyright or other intellectual property claim or right of any third party or (ii) is subject to license terms which seek to require any products incorporating or derived from such Feedback, or other Agency9 intellectual property, to be licensed to or otherwise shared with any third party.
8. General Provisions