Terms of Service

Version 1.7, effective as of April 5, 2023

IMPORTANT! READ CAREFULLY

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Overview

This website is operated by VESNX SA. Throughout the site, the terms “we”, “us” and “our” refer to VESNX SA. VESNX SA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the website, following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Worldline Financial Services (Europe) S.A., they provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - IMPRESUM

We provide this impressum so that interested parties can easily

VESNX S.A.
Address	29 Bd Grande-Duchesse Charlotte 1331 Luxembourg Luxembourg
Phone number	+352 661 464 633
Email	info@vesnx.com
Website	https://www.vesnx.com
Registry Court	Registre de Commerce et des Sociétés 14 rue Erasme 1486 Luxembourg Luxembourg https://www.lbr.lu/
Register number	10093473/1
General Manager	Schepers Richard
VAT ID No.	LU30481579

Copyrights & Image rights

In the absence of any indication to the contrary, reproduction of the information contained on this site is reserved for non-commercial purposes provided that the source is expressly mentioned.

Responsible for content

VESNX SA, IT support webmaster@vesnx.com

SECTION 2 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice, and shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.

Please note that we reserve the right to change the rates and conditions of our subscription products at any time, and we will provide notice of any such changes in advance.

We take your privacy seriously and do not store any payment details on our servers.

If you purchase a subscription product, we will not charge your credit card or other payment method at the end of the subscription period.

If you wish to renew your subscription, you may do so at the rates and conditions applicable at the time of purchase.

SECTION 6 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, content, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

11.1 License

We store and match the transaction ID and email with the agreement(s) associated with an purchase. All personal data that we store is encrypted and seeded with a private key associated with the individual sale.

Licenses are associated with the details provided by the person during the purchase process. The details of the contracting party are provided by the purchaser during the check-out process as part of the payment information when the purchase is made on the site. A license that is transferred to a different email address will have any unused assignments transferred to the newly assigned email address. Any activations made in the past are irreversible and cannot be reversed.

11.2 Tracking

We store and associate your machine fingerprint with any pay-per-click campaigns and referral programs. This allows us to measure how effective we are at providing information and value to you, the visitor.

11.3 GDPR

Whenever you receive a receipt, please keep it as you will need it if you need to contact our sales department or customer support. It is unlikely that they will be able to assist you in resolving any grievances since they have limited access to system data. An order number and agreement number(s) will have been sent to you, the client; we will not be able to assist you until these details are provided.

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. for any obscene or immoral purpose;
11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
12. to integrate our services in your own product or offering without licensing;
13. to use any penetration testing services without express written permission from the systems administrator and c-level management;
14. to decompile, harm, damage , disrupt any services or our reputation or our products or our services;
15. to attempt to uncover security loopholes or weaknesses without express written permission from the systems administrator and c-level management;
16. to attempt or engaging in fraudulent activities by misusing forms through false pretenses, impersonations, and deceptive behavior aimed at soliciting or scamming VESNX or third parties.
17. Perform any activity that could impair our service or cause a denial of service This includes using our service for malicious purposes, or to distribute viruses or malicious code. It also includes activities such as sending large amounts of data or traffic in order to overwhelm our systems.

Unauthorized scanning of our systems, including but not limited to port scanning, spidering, crawling, or scraping, is strictly prohibited and will be considered a precursor to attacking our services. Any such attempts, whether by our account holders or unlicensed users, will result in immediate termination of access to our services. We reserve the right to claim damages and to terminate your use of the Service or any related website for violating any of the prohibited uses. When claiming damages, we will seek a minimum of EURO 10000 (ten thousand) per violation. Repeat offenders may also face legal action.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall VESNX SA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless VESNX SA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensor's, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable to VESNX S.A. located at 29 Bd Grande-Duchesse Charlotte, Luxembourg, 1331, Luxembourg.

All disputes concerning the use of the website and its services shall be governed by Luxembourg law, and the courts of the Grand Duchy of Luxembourg shall have exclusive jurisdiction to hear and settle such disputes.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at legal@vesnx.com.

SECTION 22 Website contact form

The information about you collected through the website contact form needs to be processed by the Body involved to deal with your request.

By filling in the form, you agree that your personal data may be processed as part of the processing of your request. Those data are retained by the Body in question for as long as needed to achieve the purpose of the processing operation(s).

As the retention period for personal data depends on the type of request, the Body will communicate the applicable retention period, or the criteria used to determine it, on request, on a case-by-case basis.

The recipient of your data is the Body responsible for processing your request. Please contact the Body you are filing your request/application with to find out who the recipients of the data in this form are.

Under the terms of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, you have the right to access, rectify and, where applicable, request the erasure of any information relating to you. You are also entitled to withdraw your consent at any time.

Additionally, unless the processing of your personal data is compulsory, you may, with legitimate reasons, oppose the processing of such data.

If you wish to exercise these rights and/or obtain a record of the information held about you, please contact the relevant Body using the contact details provided on the form. You are also entitled to file a claim with the National Commission for Data Protection (Commission nationale pour la protection des données), headquartered at 15, Boulevard du Jazz L-4370 Belvaux.

You can find a linked to the contact form on every page in this website

SECTION 23 Presence on social networks

Moderation policy

All users joining the digital community commit to refrain from any discrimination in connection with race, color, religion, gender, sexual orientation, age, nationality, handicap, matrimonial status, or professional status.

Comments which are insulting, racist, sexist or offensive have no place on the network. They will be deleted and reported. All commercial content will also be removed.

Comments on the social networks will be answered from Monday to Friday during office hours. Outside of these hours, as well as during weekends and on public holidays, the administration of these pages is not continually assured.

Languages

On Twitter, LinkedIn, YouTube and Facebook VESNX communicates primarily in English. Depending on the situation and on the target, information may be published in Luxembourgish, French, German or Dutch. As far as possible, replies to all questions and comments shall be in the user's language. It is possible that information published on the VESNX’s Twitter, LinkedIn, YouTube and Facebook account links to websites which are not multilingual.

SECTION 24 External link disclaimer

This domain may contain “external links” to websites in domains other than managed by VESNX and over which VESNX SA has no control and for which VESNX SA assumes no responsibility.

When visitors choose to follow a link to any external website, they leave the official domain of www.vesnx.com and are subject to the cookie, privacy and legal policies of the external website.

Compliance with applicable data protection and accessibility requirements of external websites linked to from www.vesnx.com, falls outside the control of VESNX SA and is the explicit responsibility of the external website.

SECTION 25 Unsolicited Ideas

VESNX does not consider or accept unsolicited proposals or ideas, including, without limitation, ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to VESNX through the Services or otherwise, you acknowledge and agree that VESNX shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.

RETURN & REFUND POLICY

Version 1.6, effective as of March 23, 2023

IMPORTANT! READ CAREFULLY

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Our Refund Policy

We want you to be completely satisfied with your purchase! If for any reason you are not satisfied, you can return your item within 30 days for a refund.

Eligibility

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Please note that this policy applies to all purchases made by clients based in the European Union.

In addition, when applying for a refund, we ask users to prove the removal of the software and we will invalidate the license key(s). Users can prove the software is removed by using the uninstaller while the computer is connected to the internet.

Required Documentation

To complete your return, we require a receipt or proof of purchase, and proof of software removal.

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 3 working days. Please note that we do not cover any charges by third-party entities, like your bank or credit card company.

Late or Missing Refunds

If you haven’t received a refund yet, please check your bank account and contact your credit card company, as it may take some time before your refund is officially posted. If you’ve done all of this and you still have not received your refund yet, please contact us at info@vesnx.com.

Sale Items

The original sale price will be refunded for any sale items.

Exchanges

If you need to exchange a defective or damaged item, please send us an email at info@vesnx.com and send your item to:

VESNX S.A. 29 Bd Grande-Duchesse Charlotte, Luxembourg, 1331, Luxembourg

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

Physical Goods

For physical goods, clients have the right to a minimum 2-year guarantee at no cost, regardless of whether they bought the goods online, in a shop or by mail order. This 2-year guarantee is a minimum right, and national rules in their country may give them extra protection.

If goods clients bought anywhere in the EU turn out to be faulty or do not look or work as advertised, the seller must repair or replace them free of charge or give them a price reduction or a full refund.

Clients can usually only ask for a partial or full refund when it is not possible to repair or replace the goods.

Shipping

To return your product, you should mail your product to:

VESNX S.A. 29 Bd Grande-Duchesse Charlotte, Luxembourg, 1331, Luxembourg

Please note that you may be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable, and the cost of return shipping will be deducted from your refund.

To ensure the safe return of your item, we recommend using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.

ENDUSER AGREEMENT

Intrusion Detection & Protection Service (IDPS)

Version 1.5, effective as of July 1, 2022

** IMPORTANT! READ CAREFULLY **

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THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF YOUR FIRST USE OF THE VESNX SOFTWARE, SUPPORT, OR PRODUCTS, YOU BECOME A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO SUCH AGREEMENT, AND YOU CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.

1. PARTIES

1.1 “VESNX” or “we” means VESNX S.A., having its principal place of business at 29 Bd Grande-Duchesse Charlotte, 1331 Luxembourg, Luxembourg, registered in the Commercial Register maintained by the Municipal Court of Luxembourg, business license B218421.

1.2 “Product Holder” means the sole proprietor or legal entity specified in the Subscription Confirmation. For legal entities, “Product Holder” includes any entity which controls, is controlled by, or is under common control with Product Holder. For the purposes of this definition, “control” means (i) the power, directly or indirectly, to direct or manage such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

1.3 “User” or “you” means the individual given the right to use a Product in accordance with this Agreement. For the avoidance of doubt, User is a natural person and not a corporation, company, partnership or association, or other entity or organization.

2. DEFINITIONS

2.1 “Affiliate” means, with respect to any party, any entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of such party; “control” for such purposes means the possession, direct or indirect, of the power to direct or affect the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract, or otherwise.

2.2 “Agreement” means this IDPS User Agreement covering use of the Product by individual Users.

2.3 “Bug Fix Update” for a particular Product Version means a software update or release that is specifically identified by VESNX as a bug fix for that Product Version of IDPS.

2.4 “Fallback Date” means the date 12 months prior to the expiration date of the Subscription.

2.5 “Fallback Version” means the most recent Product Version of IDPS that VESNX made available for public purchase prior to the Fallback Date, along with any Bug Fix Updates for that Product Version. The Fallback Version does not include any Product updates or upgrades other than Bug Fix Updates that User may have used in the period between the Fallback Date and the expiration date of User’s Subscription. For more information, see our FAQ available at https://www.vesnx.com/faq](https://www.vesnx.com/en-US/faq)

2.6 “VESNX User Account” or “UA” means an account at VESNX created by User, having a unique name and password, and enabling User to manage Subscription administration and/or access Products.

2.7 “VESNX Website” means any website that is the property of VESNX, including but not limited to everything hosted under the top-level domains vesnx.com.

2.8 “Machine” means a computing device used by a User for running the Product.

2.9 “Personal Data” means any information relating to an identified or identifiable natural person.

2.10 “Privacy Policy” means the VESNX Privacy Policy available at https://www.vesnx.com/en-Us/terms#privacy, which may be updated from time to time.

2.11 “Product” means any generally available VESNX software intended for mass distribution which may be designated by VESNX as part of the VESNX “Toolbox” on the VESNX Website. “Product” does not include VESNX ‘Software Development Kit’, software and services, or any other software, services, or products that are, in VESNX’ sole discretion, subject to different terms and conditions. VESNX does not develop Products according to Customer’s specifications, nor are Products customized through modification or personalization.

2.12 “Product Version” means a release, update, or upgrade of a particular Product that is not identified by VESNX as being made for the purpose of fixing software bugs.

2.13 “Redistributable Product” means an independent module of a Product or a standalone IDPS development tool designated by VESNX as “Redistributable” in its name or in its official description, such as a Software Development Kit (SDK), Application Programming Interface (API), or Command Line Tool application (CLT), and which may be subject to additional terms.

2.14 “Subscription” specifies the subscription term, Products provided to Customer, subscription fees, and payment schedules. Subscriptions do not apply to Redistributable Products.

2.15 “Subscription Confirmation” means an email confirming Product Holder’s rights to access and use Products (excluding Redistributable Products), including Subscription plans, and stating the applicable use limitations for the Product (such as, for example, the number of Users and the license period).

3. GRANT OF RIGHTS

3.1 The Product is provided to Product Holder on a ‘per user’ basis, where Product Holder must assign a Subscription to a specific User who may deploy the Product on multiple Machines in accordance with the Product documentation. If the Product is accessed via a Floating License Server (as described in Section 6.3), the Product is provided to User on a ‘per machine’ basis, where the Floating License Server allocates the Subscription to a specific Machine that can only be used by one User at a time. If Product Holder and User comply with the terms of this Agreement, VESNX grants to Product Holder and User the rights set out in this Section 3 to the extent necessary to enable Product Holder and User to effectively use the Product. All other rights remain reserved by VESNX.

3.2 Unless the Subscription has expired or this Agreement is terminated in accordance with Section 13, and subject to the terms and conditions specified in this Agreement, VESNX grants you the non-exclusive and non-transferable right to use each Product covered by the Subscription as stipulated below:

(A) You may:

(i) install and use any version of the Product covered by the Subscription on any operating system supported by the Product; and 
(ii) make one copy of the Product solely for archival, security, and/or backup purposes. 

(B) You may not: 

(i) allow the same Subscription to be used concurrently by more than one (1) User, unless the Product is provided to Product Holder via a Floating License Server as specified in Section 6.3(C); 

(ii) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product; 

(iii) provide a third party with access to the Product or your VESNX Account, or the right to use the Product; 

(iv) reverse-engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product; or 

(v) remove or obscure any proprietary or other notices contained in the Product. 

3.3 Section 3.2 also applies to Products not covered by the Subscription, with the exception of 3.2(B)(i); provided, that for Products governed by their own specific agreements or terms of use, those shall take precedence over this Agreement to the extent of any conflict or discrepancy.

3.4 Following the expiration of this Agreement, you may be granted access to the Fallback Version of a Product covered by the Subscription of the Product Holder. In that case, the rights stipulated in Section 3.1(A) shall continue on a perpetual, royalty-free, non-exclusive, and non-transferable basis for the continued use of a Fallback Version of each Product covered by the Subscription. The limitations set forth in Section 3.1(B) of this Agreement apply to the usage of the Fallback Version, as does Section 13.5. The rights granted in this Section 3.4 are expressly contingent upon User not being in breach of this Agreement.

3.5 VESNX has and retains all rights, title, and interest, including all intellectual property rights, in and to the Products, any and all related or underlying technology, and any modifications or derivative works of the Products, including without limitation as they may incorporate Feedback (as defined below).

3.6 If an independent module of the Product or the Product as a whole is a Redistributable Product, the following provisions shall apply in addition to Sections 3.1-3.5:

(A) You may: (i) use the Redistributable Product without quantitative restrictions unless specified otherwise in the terms relating to the use of the particular Redistributable Product;
(ii) transfer, reproduce, redistribute, and provide access to the Redistributable Product to a third party;

(iii) sell your product containing or using the Redistributable Product to a third party, but not the Redistributable Product on its own; 

(iv) redistribute the Redistributable Product onto another Machine for legitimate purposes in accordance with this Agreement and applicable law, and use the Redistributable Product on that Machine, provided that you have received authorization from the owner of that Machine to deploy and use the Redistributable Product in this way. You will indemnify VESNX against any losses, costs, or damages arising from your deployment of the Redistributable Product onto another Machine in violation of this Section. 

(B) You agree that any Redistributable Product you reproduce, redistribute, or provide a third party access to must be governed by an agreement concluded between the relevant third party as a User and VESNX and that the third party must be bound by that agreement prior to the use of the reproduced or redistributed Redistributable Product. VESNX is the exclusive owner and licensor of the Redistributable Product. You acknowledge that you are liable to VESNX for any loss or damages in connection with any breach of this Section.

4 DECOMPILING RESTRICTIONS

Some of the Products may include decompiling functionality that enables reproducing source code from the original binary code. You acknowledge that binary code and source code may be protected by copyright and trademark laws. Before using such Products for decompilation purposes, you hereby agree to make sure that decompilation of binary code is not prohibited by the applicable license agreement or that you have obtained permission to decompile the binary code from the copyright owner. Using the Products is entirely optional. VESNX neither encourages nor condones the use of the Products for decompiling purposes, and disclaims any liability for their use by User in violation of applicable laws.

5 RELATED TERMS

Due to the nature of the Products provided, usage of the Products is governed by this Agreement, the VESNX Website Terms of Use available at https://www.vesnx.com/en-us/legal.

6 ACCESS TO PRODUCTS

6.1 All deliveries under this Agreement will be electronic. Product Holder and User must have an Internet connection in order to access their VESNX Account and receive any deliveries. Product Holder and User are responsible for downloading and installing the Products, which are made available for download on the VESNX Website.

6.2 Product Holder and User may use the UA in accordance with the VESNX Account Agreement available at https://www.vesnx.com/en-US/legal. Product Holder and User are jointly responsible for the accuracy of any information provided via, and any action taken through, the UA.

6.3 Product Holder may enable User to activate and access Product in one of the following ways:

(A) VESNX Account – by sending an invitation from Product Holder’s UA to a User’s UA. Product Holder and User acknowledge and agree that the Product will periodically connect from the User’s Machine to VESNX’ servers via the Internet to confirm the User’s right to use the Product;

(B) Activation code – by generating an activation code in Product Holder’s UA and providing it to a User for Product activation. Product Holder must generate a new activation code and apply it to the Product registration interface when prompted;

(C) License server – via an application provided by VESNX through a ‘floating license server’ that enables Product Holder to access the Product on a ‘per machine’ basis (“Floating License Server”). The Floating License Server is an option that is provided at the sole discretion of VESNX upon written request and may be subject to separate terms and conditions.

(D) License Transfer - A license that is transferred to a different email address will have any unused assignments transferred to the newly assigned email address. The activations made in the past are irreversible and cannot be reversed.

7 PERSONAL DATA

7.1 In connection with your use of Product(s), we and our associated companies will process Personal Data of you as a User and the Product Holder (if appropriate), in particular, your contact and identification details, data about usage of our software and services, and information about your subscription and payments, for the following purposes:

7.1.1 To provide you with software, services or information;

7.1.2 To protect us from piracy and unlawful use of our software or services;

7.1.3 To improve our offerings based on usage;

7.1.4 For our internal records and to protect our rights and interests and those of other users;

7.1.5 To promote and market our software and services; and

7.1.6 To fulfill legal duties stipulated by accounting, taxation, and other laws.

You may object to the processing of your Personal Data for the purposes of 7.1.2 through 7.1.5 at any time. More detailed information about Personal Data processing for the above mentioned purposes and about your rights can be found in the Privacy Policy.

7.2 For the above purposes, VESNX may collect, among other things, your IP address, VESNX Account username, VESNX Account password, first name, last name, email address, and subscription information.

7.3 On installation and execution, the Product may send VESNX certain information, which will not contain any Personal Data, including Product version, Product edition, and information about the operating system and/or environment where the Product is installed. A unique ID, which does not contain any Personal Data, is also used to distinguish instances. The Product can also check for available updates, as well as available updates for plugins or components. In addition, it can check for subscription validation, by either using the subscription key or your VESNX Account details. Some Products can also use subscription information to inform you of the availability of applicable updates.

7.4 If you opt in to anonymous data collection through the Product, the Product may electronically send anonymous information to VESNX related to your usage of the Product features. This information may include, but is not limited to, frameworks, actions invoked, and other interactions with Product features. This information will contain neither source code, proprietary information nor your Personal Data, nor information about your VESNX Account or subscription information.

7.5 VESNX is not responsible for any processing of Personal Data accidentally sent to VESNX by the User.

7.6 You shall keep your Personal Data up-to-date, update the information, or if any inconsistencies arise report such inconsistencies to VESNX.

8 FEEDBACK You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

9 THIRD-PARTY SOFTWARE The Products include code and libraries licensed to us by third parties, including open source software (“Third-Party Software”). A list of Third-Party Software included in each Product is available in the respective Product documentation and/or at https://www.vesnx.com/en-us/legal/third-party-software. All Third-Party Software is provided to Product Holder and User under the respective terms stipulated in the Product documentation.

10 SUBSCRIPTION TRIAL 10.1 Subject to the terms of this Agreement, User is granted a one-time right to install and use each major version of a Product covered by the Subscription for evaluation purposes, without charge, for a period of thirty (30) days (or such other period as may be specified in the official Product documentation) from the date of Product installation (“Evaluation Period”). User’s use of the Product during the Evaluation Period shall be limited to internal evaluation and testing of the Product for the sole purpose of determining whether the Product meets User’s requirements and whether User wishes to continue using the Product.

10.2 User may end the Evaluation Period at User’s sole discretion any time. Upon the expiration of the Evaluation Period, User’s right to continue using the Product will terminate, unless User purchases a Subscription to the Product. Each Product contains a feature that will automatically disable the Product upon the expiration of the Evaluation Period.

10.3 The limitations contained in this Section 10 do not apply to the use of Redistributable Products, which may be used for the term of this Agreement.

11 WARRANTY LIMITATIONS 11.1 ALL PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT YOUR OWN RISK.

11.2 VESNX MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VESNX (AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “VESNX PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VESNX PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE, OR CORRECT; (B) WILL MEET YOUR REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.4 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT YOUR OWN RISK; YOU AGREE YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

11.5 YOU MAY HAVE OTHER RIGHTS, WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO NEGATIVELY AFFECT SUCH RIGHTS.

12 DISCLAIMER OF DAMAGES

12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VESNX PARTIES BE LIABLE TO YOU, YOUR AFFILIATES, USERS, OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT; OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT VESNX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THEY ARE FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PRODUCTS OR SUPPORT. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

12.2 THE TOTAL LIABILITY OF THE VESNX PARTIES IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) TEN (10) EURO OR (B) THE AGGREGATE AMOUNT PAID OR PAYABLE BY PRODUCT HOLDER OR USER DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT, FOR THE PRODUCTS GIVING RISE TO THE LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE VESNX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13 TERM AND TERMINATION

13.1 The term of this Agreement will commence upon acceptance of this Agreement by User as set forth in the preamble above, and it will continue for each Product covered by a Subscription through the end of the applicable Subscription period specified in the respective Subscription Confirmation, or until terminated for Products not covered by a Subscription (unless specified otherwise by specific terms governing the use of such Product).

13.2 You may terminate this Agreement at any time via your VESNX Account. If such termination occurs during a Subscription period, this Agreement will continue to be effective until the end of that Subscription period. In the case of Redistributable Products or Products not covered by a Subscription, User may terminate this Agreement with immediate effect by notifying VESNX of such termination, discontinuing use of such Products and deleting all copies of such Products from its Machines and archives (notwithstanding anything else in this Agreement).

13.3 VESNX may terminate this Agreement and the associated Subscription if:

(A) User has materially breached this Agreement and fails to remedy the breach within thirty (30) days of written notice;

(B) VESNX is required to do so by law (for example, where the provision of the Product to User is, or becomes, unlawful); or

(C) VESNX elects to discontinue providing the Product, in whole or in part.

13.4 VESNX will make reasonable efforts to notify User via email (to the email address of the billing or technical contact provided by User or Product Holder) as follows:

(A) Thirty (30) days prior to termination of the Agreement in the event specified in Section 13.3(C);

(B) Three (3) days prior to termination of the Agreement in the event specified in Section 13.3(B).

13.5 Survival. Upon the expiration or termination of this Agreement, Sections 8, 9, 11, 12, and 16 of this Agreement survive. Upon the expiration or termination of this Agreement by User under Section 13.2, if User elects to use a Fallback Version in accordance with Section 3.4., these Sections will also survive with respect to the Fallback Version, in addition to Section 3.4.

14 TEMPORARY SUSPENSION 14.1 VESNX reserves the right to suspend User’s access to VESNX Products if:

(A) Product Holder fails to pay Subscription fees on time;

(B) Product Holder’s or User’s use of Product is in violation of this Agreement or disrupts or imminently threatens the security, integrity, or availability of a Product.

14.2 If VESNX suspends User’s access to Products for non-payment in accordance with Section 14.1(A), Product Holder must pay all past due amounts in order to resume access to Product.

15. EXPORT REGULATIONS

15.1 User must comply with all applicable laws and regulations with regard to economic sanctions, export controls, import regulations, restrictive measures, and trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and United States. User declares and warrants that it is not a person targeted by Sanctions, nor is it otherwise owned or controlled by or acting on behalf of any entity or person targeted by Sanctions. User agrees that it will not download or otherwise export or re-export the Product or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the Product for any end-use prohibited or restricted by Sanctions.

15.2 User must immediately report any concerns of non-compliance regarding Sanctions to support@vesnx.com and cooperate with VESNX in its efforts to verify and ensure compliance with Sanctions.

16 GENERAL

16.1 Entire Agreement. The following documents are part of (‘incorporated into’) this Agreement: the VESNX Privacy Policy, available at https://www.vesnx.com/privacy, the Data Processing Addendum (if applicable) at https://www.vesnx.com/legal, and the VESNX Terms and Conditions of Purchase, available at https://www.vesnx.com/en-US/Terms#terms. Together, these documents form the entire agreement and replace any previous agreement between you and us in relation to its subject matter. Except as expressly mentioned, this Agreement does not apply or give rights to anyone else (‘no third-party beneficiaries’). No purchase order, Product Holder terms, or other document that purports to modify or supplement this Agreement will vary the terms of this Agreement unless signed by User and VESNX.

16.2 Reservation of Rights. VESNX reserves the right at any time to cease its support of the Product and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, and other characteristics of the Product. Nothing in this Agreement limits any rights a consumer may have under applicable consumer protection laws.

16.3 Changes to this Agreement. The Agreement can be updated from time to time to reflect changes in the Product and how it is offered to you.

(A) If this happens, we will update the terms on the VESNX Website and let you know either:

(i) by displaying them to you in the Product;

(ii) in your VESNX Account; or

(iii) by sending the updated version to the email address used in your VESNX Account.

(B) Any updated Agreement will start (‘be effective’) on the date specified in the updated Agreement. By continuing to use the Product after the effective date, you agree to be bound by the modified Agreement.

(C) We respect that you may not agree to the updated Agreement. If that is the case, you can terminate your Subscription any time up to 30 days after the effective date of the updated Agreement. Termination according to this Section entitles you to a pro-rata refund of the pre-paid unused Subscription fees.

(D) If you are using a Fallback Version and object to the update to the Agreement, you can continue using the Fallback Version under the previously applicable terms.

16.4 Opportunity to Review. Customer declares that it has had sufficient opportunity to review this Agreement, understand the content of all of its sections, negotiate its terms, and seek independent professional legal advice before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.

16.5 Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.

16.6 Interpretation. Headings and titles are for convenience only and do not affect the interpretation of this Agreement. Terms such as “including” are not exhaustive.

16.7 No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.

16.8 Notice. VESNX may deliver any notice to User via electronic mail to an email address provided by User, or via User’s VESNX Account, registered mail, personal delivery, or reputable express courier (such as DHL, FedEx, or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to User via email, (ii) upon being uploaded to User’s VESNX Account (irrespective of when User actually receives it), (iii) upon personal delivery, (iv) one (1) day after deposit with an express courier, or (v) five (5) days after deposit in the mail, whichever occurs first.

16.9 Governing Law. This Agreement is governed by the laws of the Luxemburg, without reference to conflict of laws principles and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. The Parties to the agreement constituted by this Agreement undertake to use best commercial efforts to amicably settle any disputes arising hereunder (“Dispute”).

16.10 Dispute Resolution. Should the parties to this Agreement fail to settle a Dispute amicably, the Dispute will be excluded from the jurisdiction of general courts and the Dispute will be finally decided by the Arbitration Court attached to the Luxemburg Chamber of Commerce and by three arbitrators in accordance with the Rules of that Arbitration Court, and the language of the proceedings will be English; if you are a consumer, we both agree that any Dispute-related litigation may only be brought in, and shall be subject to the jurisdiction of, any competent court of Luxembourg, unless provided otherwise by applicable consumer law. Consumer Disputes can also be settled out of court through Guichet.lu or the European Commission’s online platform for dispute resolution (http://ec.europa.eu/consumers/odr).

16.11 Data Privacy. By accepting this Agreement, User acknowledges that VESNX will process personal data in accordance with VESNX’ Privacy Policy (available at https://www.vesnx.com/privacy. Unless you have signed an individual data processing addendum with VESNX, the VESNX data processing addendum available at https://www.vesnx.com/legal applies.

16.12 Force Majeure. Neither party to this Agreement shall be in breach of this Agreement, or otherwise liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations under this Agreement (except payment obligations), arising directly from an act of God, fire, flood, natural disaster, act of terrorism, strike, lock-out, labour dispute, public health emergency, civil commotion, riot, or act of war.

16.13 Children and minors. If you are under 18 years old, then by entering into this Agreement you explicitly stipulate that (i) you have legal capacity to conclude this Agreement or that you have valid consent from a parent or legal guardian to do so and (ii) you understand the VESNX Privacy Policy. You may not enter into this Agreement if you are under 13 years old. IF YOU DO NOT UNDERSTAND THIS SECTION, DO NOT UNDERSTAND THE VESNX PRIVACY POLICY, OR DO NOT KNOW WHETHER YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE TERMS, PLEASE ASK YOUR PARENT OR LEGAL GUARDIAN FOR HELP.

For further information, please contact us at support@vesnx.com.

Prohibited Use of Software for Unauthorized Access to Computer Systems or Networks

Version 1.7, effective as of Mar 22, 2023

As a company that values security and respects the privacy of computer systems and networks, VESNX AG would like to inform its users of the laws that apply to the use of software to obtain information from a computer system or network, or to act on such systems without explicit authorization. It is crucial to adhere to these laws and regulations to prevent civil and criminal penalties. In the United States, the Computer Fraud and Abuse Act Section 1030(a)(5)(B) prohibits unauthorized access to protected computers, while EU Directive 2013/40/EU applies to all member states of the European Union. Moreover, EU member states that have implemented the law may have additional provisions or penalties for violations. We have compiled a list of these member states and their relevant laws to provide our users with the necessary information to ensure that their actions are within legal boundaries.

It is also important to note that while these laws apply in the US and EU, other countries may have their own laws governing computer and network security and General Data Protection Regulation (GDPR). Therefore, it is essential to consult local laws and regulations before engaging in any automated activities like related to the use of software to access or act on computer systems without proper authorization.

IMPORTANT! READ CAREFULLY

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In the context of the use of software to obtain information from a computer system or network or to act on such systems without the explicit authorization of their owner (VESNX AG) or anyone attempting to access a system protected by our intrusion detection and protection software, it is important to note that the following laws apply:

1. Computer Fraud and Abuse Act of America Section 1030(a)(5)(B) - This law prohibits unauthorized access to protected computers, which includes computers used in or affecting interstate commerce. The law provides for both civil and criminal penalties for violations.

2. Cybercrime Directive (Directive 2013/40/EU) - This law, which applies to all member states of the European Union, prohibits the use of software to obtain information from a computer system or network or to act on such systems without the explicit authorization of their owner. Violations of this law can result in civil and criminal penalties.

European union

In addition to the EU Law 2013/40/EU, it is important to note that each EU member state that has implemented the law may have additional provisions or penalties for violations. The following is a list of EU member states that have implemented:

Belgium: Article 550bis of the Belgian Criminal Code

Any person who intentionally produces, sells, procures for use, imports, distributes or otherwise makes available to another person a program or a tool specifically designed or adapted to commit an offense provided for in Articles 550 to 550ter of the Belgian Criminal Code shall be punished by imprisonment of one month to three years and a fine of 26 to 10,000 euros, or one of these penalties.

Bulgaria: Article 164 and 214a of the Bulgarian Criminal Code

Whoever before proceeding with a search and seizure shall ask authorisation Whoever creates, offers or distributes for sale computer programs, access codes or passwords that are intended to be used for the commission of a crime or computer fraud, shall be punished by imprisonment of up to three years and a fine of up to BGN 5,000.

Cyprus: Law 22A of the Cyprus Electronic Communications and Postal Services Law Law 112 as amended

It is illegal to access a computer system or network without authorization or to exceed authorized access, and to use software or other means to commit any offense under this provision. This includes accessing, intercepting, interfering with, or manipulating data in a computer system or network without authorization. system, shall be guilty of an offense punishable by imprisonment of up to two years or a fine of up to EUR 50,000, or both.

Czech Republic: Section 230 of the Czech Criminal Code

Any person who, without authorization, interferes with an information system or a part thereof, or prevents its operation, shall be punished by imprisonment for up to two years or a pecuniary penalty.

Denmark: Section 263 of the Danish Criminal Code

Any person who gains access to another person's data processing system or part thereof without authorization or exceeds the authorization granted, shall be punished by fine or imprisonment for up to one year.

Estonia: Section 205 of the Estonian Penal Code

A person who unlawfully gains access to a computer system or network or unlawfully interferes with the operation of such a system or network is punishable by a pecuniary punishment or up to three years' imprisonment.

Finland: Section 38 of the Finnish Criminal Code

A person who unlawfully gains access to a computer system or data file or unlawfully takes possession of data therein shall be sentenced for unauthorized access to a computer system to a fine or to imprisonment for at most two years.

France: Article 323-1 of the French Penal Code

The fraudulent introduction of data into an automated data processing system or the fraudulent deletion or modification of the data contained therein is punishable by five years' imprisonment and a fine of €75,000.

Germany: Section 202a of the German Criminal Code

Whoever unlawfully accesses data which are not intended for him/her, especially if they are protected by special security measures, shall be punished with imprisonment for a term not exceeding three years or a fine.

Greece: Article 370C lid 2 of the Greek Criminal Code

Whoever, without authorization, destroys, damages, deletes, alters, transmits, renders accessible or makes data inaccessible, or prevents their proper functioning, shall be punished by imprisonment of at least one year and up to three years and by a fine of at least 5,000 euros and up to 50,000 euros, unless the act constitutes a more serious offense.

Hungary: Section 355 of the Hungarian Criminal Code

Any person who unlawfully gains access to a data processing system, or remains in it unlawfully, or who alters, deletes, transmits or prevents the processing of data shall be punishable by imprisonment not exceeding three years.

Ireland: Section 6 of the Criminal Damage Act 1991

Any person who intentionally or recklessly, without lawful excuse, damages any property belonging to another shall be guilty of an offence. In relation to computer data, "damages" includes deleting, amending or altering the data concerned.

Italy: Article 615ter of the Italian Penal Code

Whoever, without authorization, accesses an electronic system or part of it, or remains there against the express will of those entitled to exclude him or her from it, shall be punished by imprisonment for a term of between six months and three years and a fine of between € 1,000 and € 15,000. The same punishment shall apply to whoever fraudulently intercepts, hinders or disturbs the functioning of an electronic communication.

Latvia: Section 221 of the Latvian Criminal Law

Any person who, without authorization, intentionally enters a computer system or network, or remains therein, or in any other way intentionally interferes with the operation of a computer system or network, shall be punished with imprisonment for a term not exceeding three years or with a fine, or with both.

Lithuania: Article 197 of the Lithuanian Criminal Code

A person who, without the permission of the rightful owner, unlawfully alters, deletes, removes, makes unavailable or renders inaccessible, stores or processes data or interferes with the operation of a computer system or computer network, shall be punished by arrest or by a custodial sentence for up to three years, or by a fine, or by restriction of liberty, or by deprivation of the right to engage in certain activities for up to five years.

Luxembourg: Article 509-1 of the Luxembourg Criminal Code

Any person who fraudulently introduces data into or modifies data in an automated data processing system or any part thereof, or who fraudulently deletes or makes such data inaccessible, shall be punished with imprisonment for a term of between eight days and five years and with a fine of between 251 and 125,000 euros, or with one of these penalties.

Malta: Article 9 337/c of the Computer Misuse Act

Any person who intentionally and without lawful excuse or justification,
disrupts or causes a disruption of the functioning of a computer system by inputting, transmitting, damaging, deleting, altering, amending, or suppressing computer data, shall be guilty of an offence.

Netherlands: Article 138ab of the Dutch Criminal Code

Any person who intentionally and without lawful authority destroys, alters, renders inaccessible, or causes the destruction, alteration, or inaccessibility of data stored in a computer system, shall be punished with imprisonment of up to three years or a fine of the fourth category.

Poland: Article 260/268/269/287 of the Polish Penal Code

Any person who gains unauthorized access to a computer system or network or modifies, destroys, deletes or renders it unavailable, shall be subject to a fine, the penalty of deprivation of liberty or the penalty of the restriction of liberty.

Portugal: Article 4 of the Portuguese Law 109/2009

Any person who, without authorization, accesses or maintains access to an information system, or produces, sells, distributes, facilitates or has tools or instruments capable of facilitating unauthorized access to an information system, or produces, sells, distributes or facilitates instruments capable of causing harm to an information system, shall be punished with imprisonment of up to three years or a fine.

Romania: Article 365 of the Romanian Criminal Code, provisions article 7 of rective 2013/40/EU

Any person who gains unauthorized access to a computer system, interferes with the functioning of such system or performs any other acts in breach of the security of such system, shall be punished with imprisonment of up to three years or a fine.

Slovakia: Section 373 of the Slovak Criminal Code

Any person who intentionally destroys, modifies, prevents access to, copies, or distributes data stored in a computer system, or who interferes with the operation of such a system, shall be subject to a fine or imprisonment of up to three years.

Slovenia: Article 225 of the Slovenian Criminal Code

Any person who, without authorization, accesses or maintains access to data or programs in a computer system, or destroys, alters, deletes or renders data or programs inaccessible, shall be punished with imprisonment of up to two years or a fine.

Spain: Article 197 bis of the Spanish Penal Code

Any person who, without authorization, accesses or maintains access to all or part of a computer system or network, shall be punished with imprisonment of six months to two years or a fine. The same penalty applies to anyone who alters, damages, deletes, or introduces data in such a system or network.

Sweden: Section 4 of the Swedish Computer Crimes Act

Any person who unlawfully gains access to data that is stored in an information system or to a protected network, or who unlawfully remains in such a system or network, shall be subject to imprisonment of up to two years.

Hungary: Section 303/A of the Hungarian Criminal Code

Any person who interferes with the operation of a computer system, destroys, deletes, or modifies data stored in such a system, or introduces data into the system, shall be punished with imprisonment of up to three years.

Italy: Article 615ter of the Italian Penal Code

Whoever accesses a computer, telematic, or telecommunications system, or remains inside such a system without permission, shall be punished with imprisonment from six months to three years and a fine of up to €15,000.

Latvia: Section 242/243/244/245 of the Latvian Criminal Law

A person who destroys, damages, or otherwise impairs the functionality of computer information systems or computer software, or gains unauthorized access to them, shall be punished with imprisonment for a term not exceeding three years, or with a fine, or with community service, or with deprivation of liberty for a term not exceeding two years.

Lithuania: Article 197 of the Lithuanian Criminal Code

A person who, without authorization, connects to a computer information system, network, or a part thereof, or remains connected to such a system, network, or part thereof, shall be punished by a fine or by arrest or by restriction of liberty or by imprisonment for a term of up to three years.

Luxembourg: Article 509-1 of the Luxembourg Criminal Code

A person who intentionally or recklessly creates a risk of disruption, hindrance, or malfunction of an automated data processing system or the data contained therein, or who hinders, deletes, modifies, or adds data to such a system, shall be punished with imprisonment for up to three years and a fine of up to €125,000.

Malta: Article 9 of the Computer Misuse Act

A person who intentionally accesses or modifies any computer or computer material without authority, or who intentionally interferes with any computer system or data, shall be guilty of an offense and shall be liable on conviction to imprisonment for a term of not less than six months and not exceeding two years, or to a fine of not less than €3,000 and not exceeding €23,293.87, or to both such fine and imprisonment.

Netherlands: Article 138ab of the Dutch Criminal Code

A person who deliberately and without authorization accesses, deletes, alters, or makes inaccessible data that is stored in an automated work or in a part thereof, or who prevents the correct functioning of such a system, shall be punished with imprisonment for up to two years or a fine of the fourth category (currently up to €21,750) or both.

Poland: Article 269 of the Polish Penal Code

Whoever gains unauthorized access to a computer system or network, or remains in such a system or network against the will of the administrator, shall be subject to the penalty of deprivation of liberty for up to two years, restriction of liberty or a fine.

Portugal: Article 4 of the Portuguese Law 109/2009

Anyone who accesses a computer system without authorization, deletes, modifies, or blocks data, programs, or electronic documents, shall be punished with imprisonment up to three years or a fine of up to 360 days.

Romania: Article 360 of the Romanian Criminal Code

Article 360 - Illegal Access to a Computer System

(1) The unauthorized access to an information system or the maintenance of such access is punishable by imprisonment from 6 months to 3 years or a fine.

(2) The unauthorized access to an information system that leads to the deletion, modification, copying, or transfer of data is punishable by imprisonment from one to five years.

(3) The acts provided for in paragraphs (1) and (2), committed through an information system, which causes serious consequences, shall be punished by imprisonment from 3 to 10 years.

Slovakia: Section 300 of the Slovak Criminal Code

Section 300 - Unauthorized Access to the Information System

(1) Whoever gains unauthorized access to an information system or part thereof or unauthorizedly remains in the information system, or attempts to do so, shall be punished by imprisonment of up to three years.

(2) Whoever commits the act under paragraph (1) and thereby causes significant damage, shall be punished by imprisonment of between three to eight years.

Slovenia: Article 239 of the Slovenian Criminal Code

Article 239 - Unauthorized Access to Information Technology System

(1) Whoever, without authorization or contrary to the conditions of the authorization, gains access to another person's information technology system or part thereof, or remains in such a system or part thereof, or attempts to do so, shall be punished by imprisonment of up to three years or fined.

(2) If the perpetrator acts in the manner referred to in paragraph (1) of this Article and thus causes considerable damage, or gains unauthorized access to particularly valuable information or data, the perpetrator shall be punished by imprisonment of between six months and five years.

Spain: Article 197 bis of the Spanish Penal Code

Article 197 bis - Unauthorized Access to a Computer System

(1) Whoever accesses or maintains access to a computer system or network without authorization, shall be punished with imprisonment from 3 months to 1 year or a fine of 6 to 12 months.

(2) The unauthorized access to a computer system or network that causes a serious disruption or renders it unusable shall be punished with imprisonment from 6 months to 3 years.

(3) The unauthorized access to a computer system or network that results in the disclosure, transfer, or destruction of information contained therein, or the carrying out of a fraudulent transaction, shall be punished with imprisonment from 1 to 3 years.

Sweden: Section 4 of the Swedish Computer Crimes Act

Section 4 - Unauthorized Access to Computer Systems and Data

(1) Anyone who unlawfully gains access to data in a computer system or in another technical device, or in any other way unlawfully obtains access to such data, shall be convicted of unauthorized access to computer systems and data.

(2) Anyone who intentionally or through gross negligence causes damage to data, programs, or other information in a computer system or in another technical device, shall be convicted of causing damage to data.

(3) Anyone who commits the offenses referred to in paragraphs (1) or (2) above, may be sentenced to imprisonment for at most two years, if the offense is not punishable as a more serious crime.

Disclaimer

We (VESNX AG) provide translated copies of laws such as the ones mentioned on this website for informational purposes only. These translations may not be identical to the applicable legal originals and should not be relied upon as such. We make no representation or warranty as to the accuracy, completeness, or reliability of the translations.

Furthermore, we (VESNX AG) will not limit our ability to claim damages, file a lawsuit, or take any other legal action to the above-mentioned laws. We reserve the right to take any and all necessary legal actions, including but not limited to, seeking injunctive relief, filing a lawsuit, or pursuing criminal charges, regardless of whether or not they are mentioned on this website.

Liability and Damages

Any individual or entity found to be in violation of the laws prohibiting unauthorized access to our computer systems may face civil and criminal penalties, as well as potential legal action from VESNX AG to claim damages.

Prohibited Software Use and Development in the European Union

Unauthorized access to computer systems is illegal under Article 51 of the Luxembourg Criminal Code. As a registered company in Luxembourg, we may seek injunctive relief and claim damages under applicable civil laws, in addition to pursuing any criminal proceedings. We may also seek injunctive relief and claim damages in the country hosting the device used to execute the violation, as well as the country of residence for the party executing the malicious activity and the developers and resellers of such software, services, or data that make the breach possible.

Prohibited Software Use and Development in the United States

Any use or development of software to violate our IT infrastructure is strictly prohibited under United States law, including the Computer Fraud and Abuse Act (CFAA). Any attempt to access or probe our systems without proper authorization may be subject to legal and financial penalties under the CFAA. We take the security of our systems and data seriously and urge anyone who develops or uses software to respect the laws and regulations that govern computer security and privacy. It is important to seek proper authorization and follow best practices and ethical guidelines when conducting any security testing or vulnerability scanning.

Prohibited Software Use and Development in Other Nations

We will take all necessary legal action against any individual or entity that engages in unauthorized access or use of our computer systems, wherever we have legal standing to do so. We may seek injunctive relief and claim damages under the laws of other nations, and we will work with the appropriate authorities to pursue criminal proceedings when applicable. It is imperative that anyone who conducts security testing or vulnerability scanning respect the laws and regulations of their respective jurisdictions, and seek proper authorization before conducting any such activities.

Contact Forms and Email Addresses

Our website provides contact forms and email addresses for users to contact us. We value your feedback and encourage you to reach out to us with any questions or concerns you may have. However, we ask that you use these contact methods responsibly and in accordance with our terms and conditions.

Abusing our contact forms or email addresses is strictly prohibited. This includes, but is not limited to, using automated bots or scripts to submit spam or other unsolicited messages, submitting false or misleading information, or otherwise misusing our contact forms or email addresses.

Such abuse may violate various laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) in the EU and the CAN-SPAM Act in the US. Violating these laws may result in legal action and significant fines or penalties.

We take the abuse of our contact forms and email addresses very seriously, and we reserve the right to take appropriate action, including but not limited to blocking access to our website, removing content, and reporting illegal activity to the appropriate authorities.

In cases of abuse, we may also contact the internet service provider of the IP address used for the abuse and file a formal complaint. We will cooperate fully with law enforcement agencies and other relevant organizations to prevent and prosecute abuse of our contact forms and email addresses.

By using our contact forms or email addresses, you agree to abide by our terms and conditions and to use these contact methods only for their intended purposes. If you violate these terms, we reserve the right to take legal action against you to the fullest extent permitted by law.