\r\n This End User License Agreement (EULA) applies to the Application CASE\r\n (hereinafter called “CASE” or the “Application”) provided by the company\r\n under the distinctive title “FILISTOS ASCOT” (hereinafter called\r\n “FILISTOS ASCOT” or the “Company”).\r\n
\r\n\r\n\r\n BY CLICKING THE ACCEPTANCE BUTTON OR BY DOWNLOADING, INSTALLING OR USING\r\n THE APPLICATION, YOU ASSENT TO AND ARE BOUND BY THIS EULA. YOU ALSO\r\n ACCEPT AND ASSENT TO THE APPLICATION’S PRIVACY POLICY AND TERMS OF USE\r\n AS AMENDED FROM TIME TO TIME.\r\n
\r\n\r\n\r\n a. “Current Version” means the executable code version of the\r\n Application, including all features of the application for which the\r\n licence is granted, i.e., associated software, Upgrades, Updates,\r\n plug-ins, Documentation, and any associated online services provided by\r\n FILISTOS ASCOT. b. “Licensee” means any natural person or legal entity\r\n that owns a company and wishes to use CASE, to its employees /\r\n co-workers/ partners/ customers and to enjoy all benefits of the licence\r\n granted, as described herein. c. “Company” / “FILISTOS ASCOT” means the\r\n company under the distinctive title “FILISTOS ASCOT” with registered\r\n offices at Nemesseos 6 Metamorfosi 14452, Greece email:\r\n info@filistosascot.com T:+30 6936664801, who is the sole and exclusive\r\n owner of the Application and its features. d. “Update” means a revision\r\n to the Application designated by a change in the version number to the\r\n right of the decimal place. e. “Upgrade” means a revision to the\r\n Application designated by a change in the version number to the left of\r\n the decimal place.\r\n
\r\n\r\n\r\n Subject to the terms and conditions of this EULA, FILISTOS ASCOT grants\r\n Licensee a non-exclusive, and non-transferable license to install and\r\n use the Current Version solely in order to use CASE in the effective\r\n way.\r\n
\r\n\r\n\r\n In its discretion, FILISTOS ASCOT may make Updates or Upgrades to the\r\n Application. FILISTOS ASCOT may, in its discretion, provide any Updates\r\n or Upgrades subject to its then current forms of end user license\r\n agreement, which may contain additional or different terms. This license\r\n does not entitle Licensee to Updates or Upgrades.\r\n
\r\n\r\n\r\n Licensee may not: (i) modify or create any derivative works of the\r\n Application. (ii) decompile, disassemble, or reverse engineer the\r\n Application, or defeat, bypass, or otherwise circumvent any software\r\n protection mechanisms in the Application (except to the extent\r\n applicable laws specifically prohibit such restriction); (iii) attempt\r\n to access or use any other features of the Application if Licensee has\r\n not paid the applicable license fee or is not granted for such use. (iv)\r\n redistribute, encumber, sell, rent, lease, sublicense, or otherwise\r\n transfer the Application. (v) use the Application in a timesharing or\r\n service bureau arrangement; or (vi) remove or alter any trademark, logo,\r\n copyright or other proprietary notices, symbols, or labels in the\r\n Application. None of the content of the Application may be recorded,\r\n copied, reproduced, translated, derived, or otherwise transformed,\r\n distributed, rented, publicly performed, retransmitted, presented to the\r\n public or otherwise made available to the public without our express\r\n written consent. Licensees are not allowed to attempt to extract the\r\n source code of the Application and make any derivative versions.\r\n
\r\n\r\n\r\n Licensee alone is responsible for ensuring that any information, photo,\r\n audio or video content that he/she uploads at the Application is\r\n properly obtained, licensed and used under copyright and all other\r\n applicable law. Licensee agrees not to use the Application to reproduce,\r\n display, perform, or distribute content in any manner that violates any\r\n laws or any third-party rights. All content, trade names, trademarks and\r\n other distinctive features and content included in or made available\r\n through the Application, including but not limited to the texts,\r\n graphics, sound, images, logos, interface, look & feel, software and\r\n structure, are subject to exclusive intellectual property rights of\r\n FILISTOS ASCOT protected under applicable intellectual property laws.\r\n
\r\n\r\n\r\n There is a licence fee for the Current Version and selected\r\n features/plugins of CASE and the granting of the licence, annually\r\n prepaid as agreed based on the price list or the offer you were\r\n provided.\r\n
\r\n\r\n\r\n If for any purpose under this EULA, you provide FILISTOS ASCOT with your\r\n email address, you agree to receive all notices and communications\r\n (“Notices”) from FILISTOS ASCOT in electronic form at such email\r\n address. Delivery of any Notice from FILISTOS ASCOT is effective when\r\n sent by FILISTOS ASCOT, regardless of whether you receive or read the\r\n Notice. You can update your email address by using the features of your\r\n user account.\r\n
\r\n\r\n\r\n This EULA grants a license only and transfers to Licensee no ownership\r\n interest. FILISTOS ASCOT reserves all ownership rights as well as all\r\n other rights not expressly granted. FILISTOS ASCOT may use in any manner\r\n and without limitation all comments, suggestions, complaints, and other\r\n feedback that Licensee provides relating to the Application. All rights\r\n not expressly granted to Licensee are reserved to FILISTOS ASCOT.\r\n
\r\n\r\n\r\n Licensee agrees to indemnify, hold harmless, and at FILISTOS ASCOT’s\r\n request, to defend FILISTOS ASCOT from any and all costs, damages and\r\n reasonable attorneys’ fees resulting from any breach of this EULA or any\r\n allegation or claim that Licensee’s use of the Application has violated\r\n any right of any third party or violated any law.\r\n
\r\n\r\n\r\n Should Licensee breach this EULA, Licensee’s right to use the\r\n Application will terminate automatically without notice. Both parties\r\n have the right to terminate this EULA with a prior written notice of 3\r\n months at no cost and without reason. The respective rights and\r\n obligations of FILISTOS ASCOT and Licensee under the following\r\n provisions will survive termination: 4 (Restrictions on Use), 5\r\n (Responsibility for Copyright Content), 7 (Consent to Electronic\r\n Notice), 8 (Ownership), 9 (Indemnification), 10 (Termination), 11\r\n (Disclaimer of Warranty), 12 (Limitation of Liability), 14 (third party\r\n services or products) and 15 (Miscellaneous). Upon termination, Licensee\r\n will erase all copies of the Application.\r\n
\r\n\r\n\r\n The Application is provided “as is”. FILISTOS ASCOT disclaims all\r\n warranties whether express or implied. THE ENTIRE RISK ARISING OUT OF\r\n USE OR PERFORMANCE OF THE APPLICATION REMAINS WITH YOU. FILISTOS ASCOT\r\n does not make any representations regarding the results of the use of\r\n the Application.\r\n
\r\n\r\n\r\n TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL\r\n FILISTOS ASCOT OR ITS DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS,\r\n AGENTS OR RESELLERS OR SUPPLIERS (“FILISTOS ASCOT PARTIES”) BE LIABLE\r\n FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY\r\n DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.\r\n THE FILISTOS ASCOT PARTIES’ ENTIRE LIABILITY WILL NOT EXCEED IN THE\r\n AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE.\r\n
\r\n\r\n\r\n Licensee acknowledges and agrees that, notwithstanding any other\r\n provisions of this EULA, any breach or threatened breach of this by\r\n Licensee will cause FILISTOS ASCOT irreparable damage for which recovery\r\n of money damages would be inadequate and that FILISTOS ASCOT therefore\r\n may obtain timely injunctive relief to protect its rights under this\r\n EULA in addition to any and all other remedies available at law.\r\n
\r\n\r\n\r\n a. The Application may contain links or be integrated with 3rd party\r\n applications, other web sites, resources, and advertisers. FILISTOS\r\n ASCOT is not responsible in any way for such external sites. b. Third\r\n parties may offer from time-to-time applications or services to access\r\n or interact with CASE. Licensee’s use of such third-party applications\r\n will be at Licensee’s own risk and subject to the terms and conditions\r\n of those third parties. FILISTOS ASCOT MAKES NO REPRESENTATION OR\r\n WARRANTIES REGARDING THIRD PARTY PRODUCTS EVEN IF DOWNLOADED FROM CASE\r\n OR BY MEANS OF A LINK ON THE APPLICATION (API).\r\n
\r\n\r\n\r\n a. Licensee represents and warrants that Licensee has all required legal\r\n capacity to enter into this EULA as a binding agreement. b. This EULA is\r\n subject to the laws of Greece. Licensee agrees that the exclusive\r\n jurisdiction and venue for any claim or dispute relating to or arising\r\n out of this EULA or its subject matter will be in the courts located in\r\n Athens, Greece and Licensee consents to the personal jurisdiction in\r\n such courts. c. If any provision in this EULA should be held illegal or\r\n unenforceable, the other provisions of this EULA will remain in full\r\n force and effect. d. A waiver by either party of any term or condition\r\n of this EULA or any breach thereof, in any one instance, will not waive\r\n such term or condition or any subsequent breach thereof. e. Licensee may\r\n not assign or otherwise transfer by operation of law or otherwise this\r\n EULA or any rights or obligations herein. FILISTOS ASCOT may assign this\r\n EULA to any entity at its sole discretion. This EULA will be binding\r\n upon and will inure to the benefit of the parties, their successors and\r\n permitted assigns. f. Neither party will be in default or be liable for\r\n any delay, failure in performance (excepting any obligation to pay) or\r\n interruption of service resulting directly or indirectly from any cause\r\n beyond its reasonable control. g. This EULA, as amended from time to\r\n time in writing, constitutes the entire agreement between the parties\r\n concerning the subject matter hereof.\r\n
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