Version dated: 08 of July 2019
These terms of service (“Terms of Service”) constitutes a legal agreement between you and Oz Soft B.V, Strevelsweg 700, UNIT 303-A4454, 3083AS, Rotterdam, The Netherlands (“Oz Soft”) and govern your use of the service described under section 1.1. Please read this agreement carefully.
1.1 Oz Soft is the provider of a marketplace (the “Marketplace”) that allows you to purchase, download, view or use software and ancillary products or services (collectively, the “Products”) for end user use under the terms and conditions set forth in these Terms of Service. Oz Soft's standard end user license agreement applies for licensing of Oz Soft software Products. Separate terms and conditions may apply with respect to hardware and use of Products other than through purchase/licensing. Products are provided by Oz Soft, but some Products may be the subject to additional third-party terms and conditions in accordance with section 6.
These Terms of Service apply to all users of the Marketplace. The service enabling your use of the Marketplace is referred to as the “Service”.
1.2 To use the Service you must first agree to these Terms of Service. If you do not accept these terms, you are not entitled to use the Service. You accept the Terms of Service (including any end user licenses and third-party licenses referred to in the Terms of Service) by either creating a user account or otherwise clicking to agree or accept where these options are presented. You agree to comply with the Terms of Service and any applicable law, regulations or policies in the relevant jurisdiction.
1.3 Oz Soft may modify these Terms of Service by posting new or additional terms. Such modifications and additional terms will be incorporated into the agreement between you and Oz Soft. If you do not agree to the changes, you must notify Oz Soft and cease your use of the Service and any Product and Content obtained through the Service. Your continued use of the Service is your acceptance of the changed Terms of Service.
1.4 You must be 16 years of age or older to subscribe and to use the Services. In certain jurisdictions, the age of majority may be older than 16, in which case, you must satisfy that age in order to use the Services. While individuals under the age of 16 may utilise the Service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian.
2. USE OF THE SERVICE
2.1 Products provided through the Service are sold to you (exchange of ownership) and not licensed.
2.2 In order to access certain features or services provided through the Service, you may be required to provide information about yourself; such as your full name, address, age, billing details and technical information about your workstation. You agree that any such information you provide to Oz Soft will always be accurate, complete and current at all times. Certain features or services may also require you to open a user account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify Oz Soft immediately of any unauthorized use of your account or password.
2.4 You agree that you will not (i) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service), (ii) use the Service to transfer Content or other material that contains viruses, corrupted data, malicious software or programs that may harm computers or other property or (iii) use any of the Products or Content provided through the Service in a way that interferes or disrupts any servers, networks, or websites operated by Oz Soft or any third-party or (iv) in any other manner misuse the Service or use the Service other than for the intended purpose.
2.5 You are responsible for backing up your own system, including any Products and content obtained through the Service.
2.6 You agree that Oz Soft and/or third parties own all rights to the Service and the Products available through the Service, including without limitation all applicable intellectual property rights. Intellectual property rights include, without limitation, copyright, trademark rights, patent rights, design rights, trade secrets, know-how and any and all other proprietary rights worldwide.
2.7 You agree that you will not (i) copy, sell, license, transfer, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Marketplace or the Products, to the maximum extent permitted by applicable law, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality in the Service or the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third-party rights, or (iv) remove, obscure, or alter Oz Soft’s or any third-party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service or the Products.
3. COPYRIGHT POLICY
3.1 Oz Soft respects the intellectual property rights of others and expects users of the Service to do the same. Oz Soft will respond to notices of alleged copyright infringement that are properly provided.
3.2 If you believe or suspect that Content on the Service or used in connection with a Product is in breach of the Terms of Service or is used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (iv) your contact information, such as your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
3.3 For notice of alleged copyright infringement appearing on the Service, contact us at through our contact page on www.oz-soft.com
4. PROVISION OF THE SERVICE AND PRODUCTS
4.1 Oz Soft reserves the right to modify, suspend or discontinue the Service (or any part of features thereof), at any time without prior notice to you. Oz Soft is not liable to you or any third-party should it exercise such rights.
4.2 Oz Soft may make available to you various payment processing methods to enable or facilitate the purchase, licensing or other use of Products from the Service. You agree to abide by any relevant terms of service or other legal agreement, whether with Oz Soft or a third-party, that governs your use of the given payment processing method. Any billing statement in relation to a purchase through the Service will be provided through your user account or by e-mail. For certain Products subscription or rent-to-own may be available to you as an alternative to purchase/licensing of Products: additional information, prerequisites and applicable terms are set out on the Oz Soft web/Marketplace.
4.3 Save as provided in section 4.4, all sales, licensing and subscriptions are final and nonrefundable unless otherwise provided by mandatory law or expressly stated by Oz Soft. Unless otherwise expressly stated by Oz Soft, prices for Products offered through the Service may change at any time. Oz Soft do not provide price protection or refunds in the event of a price reduction or a promotional offering.
4.5 You agree to comply with any and all applicable tax laws; including the reporting and payment of any additional taxes arising in connection with your use of the Service or the purchase or utilisation of Products through the Service, and that the reporting and payment of any such applicable taxes are your responsibility.
5. THIRD PARTY TERMS
5.1 Certain Products available through the Service may be developed and/or provided by third parties and contain third-party terms and conditions that govern your use of such Products (“Third-party Terms”). Any dealings between you and a third-party are solely between you and the third-party. Oz Soft is not responsible or liable for any aspects of such dealings. The terms in these Terms of Service limiting Oz Soft’s liability also apply to your use of the third-party Products to the extent that such terms are not covered by the Third-party Terms.
6. AUTOMATIC UPDATES
6.1 Products provided through the Service may communicate with Oz Soft’s servers, or a third-party’s server, from time to time to check for available updates to the Products, such as bug fixes, patches, enhanced functions and new versions. By installing the Products, you agree to such automatically requested and received updates.
7. EXPORT RESTRICTIONS
7.1 Products provided through the Service may be subject to laws or regulations relating to the control of imports and exports of the Products. You agree to comply with all such applicable laws and you shall not export or re-export directly or indirectly any part of the Products to any such country without first obtaining permission from the relevant authority.
8.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Oz Soft, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Service, including your downloading, uploading, installation, or use of any Products or Content, or your violation of these Terms of Service.
9.1 These Terms of Service will continue to apply until terminated by you or Oz Soft.
9.2 Oz Soft may at any time terminate these Terms of Service with you if (i) you have breached any provision of these Terms of Service; (ii) if Oz Soft is required to do so by law; or (iii) if Oz Soft decides to no longer provide the Service.
10. DISCLAIMER OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS AT YOUR SOLE RISK AND THAT THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE AS WELL AS THE SERVICE ITSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS OF SERVICE CANNOT CHANGE.
10.2 YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
11. LIMITATIONS OF LIABILITY
11.1 SUBJECT ALWAYS TO SECTION 11.2, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OZ SOFT AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF INCOME, BUSINESS OR PROFITS THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE OR ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE, INCLUDING ANY LOSS OF DATA. IN ANY EVENT, OZ SOFT ́S LIABILITY SHALL NEVER EXCEED ONEHUNDRED (100) EUR.
11.2 Nothing in the Terms of Service will affect the statutory rights of any consumer nor exclude the liability of Oz Soft, its subsidiaries or affiliates for: (i) death and personal injury caused by negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which cannot be limited by applicable law.
12.1 Oz Soft may assign, transfer, sell or otherwise dispose its rights and obligations under these Terms of Service, in whole or part, at any time without notice to you. You may not assign this agreement or any part of it.
12.2 Oz Soft may notify you with respect to the Service by sending an e-mail message to the e-mail address provided by you or by a posting on the Service. Notices shall become effective immediately.
12.3 These Terms of Service and the use of the Service are governed by Dutch law.
12.4 By creating a user account and/or purchasing, licensing or otherwise obtain any of the Products, you demonstrate that you hereby accept and acknowledge that you are obliged to follow the terms of these Terms of Service. Furthermore, you also acknowledge that you have read, understand and agree to all of the terms, conditions, obligations and limitations of these Terms of Service (including, but not limited, any and all of Oz Soft’s policies, standards, instructions and guidelines, from time to time).
The Service is provided by
Version dated: 08-07-2019