Terms

Privacy Policy and Cookies

Terms of Use and Services

(End User) License Agreement

Privacy policy and cookies

Definitions

These definitions should help you understand this policy.

“Personal Data” means any information that identifies or can be used to identify an individual directly or indirectly, including, but not limited to, first and last name, identification number, date of birth, email address, gender, occupation, and/or other data entered through user registration.
“Website” or “Websites” means all content included in our domains www.nextensor.com, www.nextensor.net.
“Services” means the Nextensor’s products, including Nextensor products’ content, as well as any information or support related to them that we provide to customers.
“Channels” means the various means by which we may collect information including our Website, the Services, social media pages, HTML-formatted e-mail messages and through offline sales and marketing activities.
“Website Visitor” refers to anyone visiting our Websites.
“User” refers to the person or entity that uses our Services. They may have registered, downloaded and installed our products or have subscribed in a site.
“you” refers to Website Visitors or Users.
“GDPR” refers to the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data.
“including“, “includes” or similar words refer to matters which are included without limitation, in other words, that are not limited to any list provided.
Changes
We may revise this Privacy Policy & Cookies at any time and from time to time. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Website. We encourage you to review this Privacy Policy often to stay informed of changes that may affect you.
Scope
This document explains how Nextensor collects your Personal Data, uses these data, and your rights to control their use. Current privacy policy applies to all data that we have collected or collect related to you, and according to our Terms of use.
Contact
If you have any questions or comments, or if you want to update, delete, or change any Personal Data we hold, or you have a concern about the way in which we have handled any privacy matter, please use our contact form to send us a message. You may also contact us by email at contact.at.nextensor.com.
Information we collect, purpose and legal basis
Here are the different alternatives with which we gather your personal data information and the legal basis that allows us to process it:
Information You Explicitly Give Us: We receive and store any information you enter on our Website or give us in any other way through a direct interaction with us which includes:
Your email when you sign up to our product or services (6.1.b) GDPR: processing is necessary for the performance of a contract to which the data subject is party).
Your e-mail when you sign up to our newsletter (6.1.a) GDPR: Consent given by you).
Your name and email when you post a comment on our blog posts (6.1.f) GDPR: legitimate interest pursued by us in giving response to the consultations received).
Your name and email when you contact us through our contact forms (6.1.f) GDPR: legitimate interest pursued by us in giving response to the consultations received).
Your name, email, postal address, telephone number and your company name when you subscribe to our payment product (6.1.b) GDPR: processing is necessary for the performance of a contract to which the data subject is party).
The Personal Data you provide us when you send us an email or contact our support service (6.1.f) GDPR: legitimate interest pursued by us in giving response to the consultations received).

Note that we do not collect any payment (credit card) information when you subscribe to one of our services. We have an agreement with Braintree as payment processor of our services. See the section Third-party Providers below for more information.

Information we collect automatically: When you use the Services or browse our Website, we may collect information about your visit to our Website, your usage of the Services, and your web browsing. That information may include:

Your network routing information (where you come from).
Your Internet Protocol (IP) address used to connect your computer to the Internet and which may identify your general geographic location or company.
Your computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform.

We may collect this information as a part of log files as well as using cookies or other tracking technologies. Our use of cookies and other tracking technologies is discussed more below, and in more detail below.

The processing of your personal data collected by the cookies used in this website will be based on the consent given by you (6.1.a) GDPR) in the case that you accept such cookies; on our legitimate interest (6.1.f) GDPR) in the case of cookies that are strictly necessary for the proper functioning of the website.

Track and evaluate our marketing campaigns, including online advertising and e-mail marketing campaigns 6.1.f) GDPR: Legitimate interest).
To communicate with you about a conference or event hosted, co-sponsored or participated by us, including information about the event’s content, logistics, payment, updates, and any additional meetings, special demonstrations or other customer facilitation. After the event, we may contact you about the event and related products and services, and may share information about your attendance with your company (if any)(6.1.a) GDPR Consent given by you).

What Personal Data We Share and Disclose to Third Parties

We do not sell your Personal Data to anyone. We may share your Personal Data with our third party Service Providers, who help us provide and support our Services and products, such as credit card processing services, order fulfilment, analytics, event or campaign management, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other similar services. In this case, we require by contract from our services providers to use your Personal Data only for the purpose of providing services to us and subject to terms consistent with this policy, along with all applicable regulations regarding personal data protection.

You can find more information about our third party service providers below, as well as the mechanism used by them in order to protect your personal data in the case of an international transfer outside the EU.

Public Information and Third Party Websites

We have a public blog on our Website. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Data appears on our blog and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.
Social media platforms.
We maintain presences on social media platforms including Facebook and Twitter. Any information, communications or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
Links to third-party websites. Our Website include links to other websites, whose privacy practices may be different from ours. If you submit Personal Data to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Does Nextensor Use Cookies and Other Tracking Mechanisms?

Yes. Nextensor uses cookies and similar technologies like single-pixel gifs and web beacons. We use both session-based and persistent cookies. We set and access our own cookies on our Website. In addition, we use third-party cookies, like Google Analytics.

We may use cookies to recognize you when you visit a domain we operate or when you use our Services, and also to remember:

your display preferences, including your selected language,
if you have already replied to a survey pop-up that asks you to subscribe to our Newsletter (so you won’t be asked again),
if you have agreed (or not) to our use of cookies on that site,
the service you subscribe to perform the checkout with our reseller. We also use cookies to measure the traffic and performance of our Website’s pages.

What Types of Cookies Do We Have?

Depending on who sends the cookies and treats the data obtained, the cookies we use may be:

Own Cookies: These are cookies sent to your terminal from a computer or domain managed by us (and from which the service requested by you is provided). For example, we have defined and own certain cookies that are used to run certain functionalities of our product and services or user test experiments, as well as to track visitor information.

Third party cookies: These are cookies sent to your terminal from a computer or domain that is not managed by us, but by another entity that processes data obtained through cookies. For example, we use Google Analytics cookies to measure the traffic in our Website or MailChimp cookies to see the openings and clicks of our Newsletter emails. See the below for more details.

How You Can Control or Delete Cookies

You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You may delete all cookies that are already in your computer and you may set most browsers to prevent cookies from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

Browser manufacturers provide help for cookie management in their products. Please see below for more information.

For other browsers, please consult the documentation that your browser manufacturer provides.

Data Collected for and by You

As you use our Services or post on our Channels you may write information you have collected from any individuals. We have no direct relationship with them other than you and, for that reason, you are responsible for making sure you have the appropriate permission for us to collect, post, and process information about these individuals. Consistent with the uses of Personal Data covered in Section 6, we may transfer Personal Data from you or these individuals to companies that help us provide or support our Services. All third Service Providers enter into a contract with us that protects Personal Data and restricts their use of any Personal Data consistent with this policy.

How You May Exercise Your Rights

You may send a request through the contact form in our Website to request the exercise of the following rights:

Right to request access to any Personal Data we may have about you.
Right to request rectification (if incorrect) or deletion of Personal Data.
Right to request limitation of their treatment, in which case they will only be kept by Nextensor for the exercise or defense of claims.
Right to object to processing. Nextensor will no longer process the Personal Data in the way you indicate, unless for compelling legitimate reasons or the exercise or defense of possible claims has to be further processed.
Right to data portability. In the event that you wish your Personal Data to be processed by another company, Nextensor will provide you with the portability of your data to the new data controller.

We will give you access to any Personal Data we hold about you within 30 days of any request for that information. Individuals may request to access, correct, amend, or delete information we hold about them through our contact form. Unless it is prohibited by law, we will remove any Personal Data about an individual from our servers at your or their request. There is no charge for an individual to access or update their Personal Data.

Possibility of withdrawing consent. In the event that you have given your consent for a specific purpose, you have the right to withdraw it at any time, without it affecting the lawfulness of the processing based on the consent prior to its withdrawal.

How to complain to the Control Authority. If you consider that there is a problem with the way in which Nextensor is handling your Personal Data, you may address your complaints to Nextensor (indicated above) or to the corresponding Data Protection Authority

Accuracy and Data Retention

We take reasonable business measures in compliance with laws to keep your Personal Data accurate and up to date, to the extent that you provide us with the information we need to do so. If your Personal Data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes.

We will retain the following data:

Disaggregated data: Disaggregated data will be retained without a deadline for deletion.
2. Subscribers data: During the time your account is active or as long as needed to provide you with our Services in accordance with our terms and conditions, unless a longer period of retention is required by law, in such case, the legal period shall apply.
3. Newsletter subscribers’ details: From the moment the user signs up to the product until the user unsubscribes from the newsletter.
4. User data uploaded by Nextensor to pages and profiles on social networks: From the moment the user offers consent until it withdraws it.

Children’s Privacy

Our Services are not directed at nor targeted to children. If you have not reached the age of majority or are not able to enter into legally binding agreements in your country, you may not use our Services unless supervised/accepted by an adult, as applicable.

Our goal is to comply with applicable laws and regulations relating to collection and use of information from children as such term is defined by applicable laws. If you believe that we have received information from a child or other person protected under such laws, please notify us immediately through our contact form or to the e-mail address indicated in the heading of this legal notice, and we will take reasonable steps to remove that information from our databases.

Notice of Breach of Security

We take reasonable and appropriate measures to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Data. If a security breach causes an unauthorized intrusion into our system that materially affects you, then we will notify you as soon as possible (in the event of a breach being detected, Nextensor undertakes to inform users within 72 hours) and later report the action we took in response.

Selected by us payment processing companies do use security measures to protect your information both during the transaction and after its completion. They are a either EU or USA-based payment processor of digital goods specialized in safe and secure digital sales, compliant with PCI and that employs Verisign SSL Certificates.

We only use service providers that enter into agreements with us whereby the service provider commits to take the appropriate measures to protect Personal Data and be compliant with GDPR.

Third party service providers

To be transparent and provide you with the maximum information about who our third party service providers are, we list below the ones that may keep Personal Data, what information they keep, and how we ensure the GDPR compliance through their contracts.

Terms of Service

For our Products and Online Services

By using the www.nextensor.com or www.nextensor.net web sites, or the Nextensor’s desktop and applications (“Service”) all services and products of Nextensor, you are agreeing to be bound by the following terms and conditions (“Terms of Use”). Nextensor reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the current Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Use at any time at: www.nextensor.com/terms. Violation of any of the terms below will result in the termination of your Account.

Account Terms

You are responsible for keeping your password secure. Nextensor cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Nextensor account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Account Terms as determined in the sole discretion of Nextensor will result in an immediate termination of your services.

Payment of fees

A valid credit card is required for paying accounts. Trial accounts are not required to provide a credit card number.
The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
For any upgrade or downgrade in plan level, the credit card that you provided will automatically and immediately be charged the amount of a full month or year minus the prorated fee of your former plan.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Nextensor does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on your account settings link in the global navigation bar at the top of the screen. The Account screen provides a simple asked Cancel account link.
Your account and all of its content will be deleted immediately upon your cancellation of the Service. This information can not be recovered once your account is cancelled.
You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly or yearly charges for the month or year which you discontinued Service. You will not be charged again.
Nextensor, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Nextensor service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Nextensor reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Nextensor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Nextensor website (www.nextensor.com) or the Service itself (www.nextensor.net).
Nextensor shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Ownership

Nextensor or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Nextensor or its suppliers own.
Nextensor claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send content, you agree that others may view and share your Content.
Nextensor shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Contact and notifications

By registering to use Nextensor website (www.nextensor.com) or the Service (ww.nextensor.net) you are opting into receiving our email notifications related to the product and your projects. We will not share your email with 3rd parties. Our staff may contact you for information and service notifications relevant to your account. By registering to the free trial periods or versions of the Product and Service and limited to 30 days from the date you register you are opting into receiving onboarding emails with links to learning material (videos and tutorials) on our website and relevant to the correct use of the Product and Service. You will not be subscribed to any marketing or newsletter emails.

General conditions

Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the Service.
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 without the express written permission by Nextensor.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You must not upload, post, host, or transmit unsolicited email or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
You understand that the technical processing and transmission of the Service, including your Content, 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.
Nextensor does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Nextensor shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nextensor has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Nextensor to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Nextensor and govern your use of the Service, superseding any prior agreements between you and Nextensor (including, but not limited to, any prior versions of the Terms of Use).
Any questions regarding the Terms Of Service should be addressed to contact.at.nextensor.com

License Agreement for Nextensor Software.

Before using this software, please read carefully the following License Agreement.

! This Nextensor Software End User License Agreement (EULA or Licence or Agreement) is between the end user (hereinafter referred to as You or Licencee), and Nextensor !

Definitions:
1. “Software” means any software product, solution, tool of Nextensor
2. “Remote Collaboration” means real-time remote collaboration feature subject for additional license
3. “Nextensor Web Sites” means any of websites on domains www.nextensor.com, www.nextensor.net

By selecting the “Accept” at the bottom of this Agreement, or downloading, installing or using any version of Nextensor product range software, you accept the terms of this Agreement.
Acceptance of this Agreement binds the licensee and expresses your full acceptance of each and every term and condition set out in this License Agreement.
If you do not agree with the terms and conditions of this Agreement, do not select “Accept” at bottom and the Registration and further download or will not continue.

Also, the use of this software by the licensee expresses the acceptance of the terms and conditions set out in this Agreement.
This License Agreement constitutes a full Agreement between the licensee and Nextensor, replacing any previous License Agreement entered by the parties for this product or other replacing products. Also, insofar as current legislation allows, the terms set out in this License Agreement shall replace any communications or advertisement for the software or its documents, should there be any discrepancy with regards to the terms and conditions set out in this License Agreement or previously entered agreements.
Acceptance of the terms and conditions included in this License Agreement does not grant the licensee any rights, other than those specified therein, on the abovementioned software, documentation and/or products property of Nextensor or Software Suppliers, if relevant.

The software may cause your computer to automatically connect to the Internet (see sections 8 and 9 for additional information).

License Grant. Rights and Obligations of the parties entering this License Agreement

Nextensor hereby grants the licensee a non-exclusive and non-transferable, except for future Affiliates, license to use the software and documentation (hereafter referred to as “the software”) under the terms and conditions set out in this Agreement and the Terms of Use published on the Nextensor’s website (https://www.nextensor.com/terms).

This Agreement is a License Agreement, and not a Sales Agreement for goods, and therefore does not imply the sale of the original software nor of any of its copies.

The licensee, solely for the purpose of enabling the licensee to use the software, may make copies of the software only to the extent necessary for archival and disaster recovery and development purposes, provided that any such copy shall include Nextensor’s copyright and any other proprietary notices. In addition, each user of a non-Evaluation license that is installed on a primary computer may also install and use a secondary computer, solely for such user’s use and exclusively on behalf of the licensee. The licensee shall have no other rights to copy, in whole or in part, the software. Any copy of the software made by the licensee is the exclusive property of Nextensor. The licensee shall be authorized to make one copy of the Software for the sole purpose of security and filing. This copy shall bare a “Copyright” warning as well as any additional references to the rights of Nextensor on the Software and shall also specify the original version. The copy shall be strictly controlled by the licensee and shall not be made available for third parties by means of any system or procedure.

The Software may contain control systems limiting its use to the number of licenses purchased by the licensee. Through this Agreement, the licensee agrees to the inclusion and operation of the use of software and/or devices to control and manage rights and security. The licensee agrees that you shall not be able to disable these software and/or devices should they be installed or incorporated into the software.

If your license key (or any other license control system) for Remote Collaboration feature expires on a specified date (“Term End Date”), the Remote Collaboration feature will terminate operations on the Term End Date. Note, that you will not have any access limitations or any kind of changes to any files or output created with the Software.

The licensee shall not alter, consolidate, modify, adapt or translate the software, neither decompile, reverse engineer, disassemble, nor reduce the software unless expressly authorized to do so, in writing, by Nextensor. The licensee shall not sell, rent, let or sub-license the Software.

Intellectual Property

All intellectual property rights for the software are reserved to Nextensor. By means of this Agreement, the licensee does not enjoy any intellectual property rights on the software or technical and use documents attached, and shall respect property at all times.

The software may include protection procedures, which, should an unauthorized use be observed, may limit access to the licensed products or the number of users with access to the licensed products.

Guarantee

Nextensor hereby guarantees the correct functioning of the software for a period covering one year since the date the software is activated by means of the license supplied by Nextensor, notwithstanding the dispositions set out in applicable regulations for consumers in each State and/or jurisdiction, if applicable. During the established period, Nextensor guarantees that the software shall work in accordance with the product’s specifications in force when the guarantee begins, and shall do its utmost to solve any failure or incidence notified by the licensee, making use of the means and observing the deadlines Nextensor considers appropriate.

The licensee shall notify Nextensor in writing of any problem, abnormality or error of the software during the duration of the guarantee. This notification shall contain sufficiently detailed information in order to allow Nextensor to reproduce the fault. Nextensor shall solve the fault or offer a correction of the software, accepted by both parties, in the briefest time possible, without any additional costs.

Limits to guarantee and responsibilities

The guarantee established in this License Agreement does not cover any loss, accidental damage, misuse or unauthorized modification of the material, nor any faults arising from the manipulation of the product by third parties alien to Nextensor. Nextensor may not be held accountable, in any case, for any damage presumably caused by the use or non-use of the software, directly or indirectly, including, but not limited to, work interruptions, lost data, economic loss or loss of planned gains as a result of the use of the software. The software is delivered as it is, and no claims for presumed specifications for the software will be accepted.

Nextensor does not guarantee that the software is free of errors and neither that it will work without interruptions. Nextensor exercises no control over and expressly disclaims any liability arising out of or based upon applications that are simulated or developed using the software. Under no circumstances will Nextensor be liable to you for consequential, incidental, special, or exemplary damages arising out of or related to any use of software generated with Nextensor products, including but not limited to lost profits, lost data, or loss of business, even if Nextensor is apprised of the likelihood of such damages occurring. The licensee is responsible for the use made of the software by other users. The licensee shall cover any damage and/or costs incurred by incompatibilities between the software or its updates and other software property of third companies that the licensee may have installed in his/her computer, as well as any other problems arising from the interaction between both software and coinciding code lines. By means of this Agreement, Nextensor shall not be accountable for amounts exceeding the amount received for the license awarded. This amount does not include indirect tax. The full payment of the price will be made upon signing this Agreement or before delivery of the software, as agreed by the parties.

When applicable, the validity of guarantees and responsibilities, or their limitations, as established in this license, shall be determined by the legislations affecting the different states and/or jurisdictions.

Confidentiality

NEXTENSOR and the licensee agree to abide by confidentiality and to refrain from reproducing, publishing, or disseminating any commercial, financial or technical information they may know of due to their contractual relationship. Confidential information may not be disclosed to any person, except to the employees of the receiving party needing to know this information to undertake their tasks. Nonetheless, confidential information may also be disclosed to lawyers, consultants, subcontracted agents or agents acting on behalf of the receiving party needing to know this information to undertake their tasks, as long as they have previously been informed of the confidential nature of the information and have previously signed a confidentiality Agreement, under the terms established in this clause. Disclosing confidential information by the informing party to the receiving one does not grant any license or right on any of the revealed secrets. The obligations of the receiving party with regards to any specific item of confidential information will cease to exist (or will not be applicable) in any of the following situations: When the confidential information is of public knowledge when the informing party discloses it to the receiving party, or became public knowledge, without this being caused by the receiving party, after the informing party notified the receiving party. When the confidential information is in possession of the receiving party, free of any confidentiality obligation, when the informing party notifies the receiving party.

When the disclosure of confidential information is required by law, under penalty or when ordered by the Courts or the Government, as long as the receiving party has taken the necessary steps to obtain a protection order or any other protective measure ensuring confidentiality and limiting the use of this information for specific purposes.

Notifications
All notifications, requests, and other communications necessary for the parties regarding this Agreement shall be made in writing and shall be considered correct when delivered in person, sent by certified post to the domicile of the other party stated on the heading of this Agreement, or by email with proof of reception.

Jurisdiction

7.1 Applicable Law and Arbitration. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland. Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims), as mutually agreed by the parties.

Internet connectivity and privacy

The Software may cause your computer, without additional notice, automatically to connect to the Internet and to communicate with a Nextensor Web Site, or a server managed by Nextensor, for purposes that may include providing you with additional information, features and functionality. The following provisions apply to all automatic Internet connections by the software: When the Software automatically connects to the Internet, an Internet protocol address (“IP Address”) that is associated with your current Internet connection is sent to a Nextensor web sites and, whenever the Software makes an Internet connection and communicates with a Nextensor Web Sites, whether automatically or due to explicit user request, the Nextensor Privacy Policy (https://www.nextensor.com/terms) shall apply. Additionally, unless you are provided with separate terms of use at that time, the Nextensor.com Terms of Use (https://www.nextensor.com/terms) shall apply. Please note that the Nextensor Privacy Policy allows tracking of Web Site visits and it addresses in detail the topic of tracking and use of cookies, Web beacons, and similar devices. The Software may cause your Computer, without additional notice, automatically to connect to the Internet (intermittently or on a regular basis) to check for Updates that are available for download to and installation on your Computer and to let Nextensor know the results of installation attempts. Please consult the Documentation for information about changing update settings. The Software may cause your Computer, without additional notice, and on an intermittent or regular basis, automatically to connect to the Internet in order to validate that the Software is being operated in accordance with this Agreement. In some cases, Software that fails to activate may offer only limited functionality or may not operate at all.

The Software may cause your Computer, without additional notice, and on an intermittent or regular basis, automatically to connect to the Internet to facilitate your access to content and services that are provided to you by Nextensor as further described in Section 9. In addition, the Software may, without additional notice, automatically connect to the Internet to update downloadable materials from these services so as to provide immediate availability of these services even when you are offline. Please consult the Documentation for information about changing update settings.

Online Services

The Software facilitates your access to content and various services that are hosted on Web Sites maintained by Nextensor or its hosting providers (“Nextensor Online Services”). In some cases, a Nextensor Online Service might appear as a feature or extension within the Software even though it is hosted on a Web Site managed by Nextensor or a hosting provider. In some cases, access to a Nextensor Online Service might require a separate subscription or other fee in order to access it and/or your assent to additional terms of use. Nextensor Online Services might not be available in all languages or to residents of all countries and Nextensor may, at any time and for any reason, modify or discontinue the availability of any Nextensor Online Service. Nextensor also reserves the right to begin charging a fee for access to or use of a Nextensor Online Service that was previously offered at no charge. Because Nextensor Online Services make use of automatic Internet connections, please also see Section 8 for important information regarding Internet connectivity and your privacy. As stated in Section 8, when the Software accesses a Nextensor Online Service, your use of such Nextensor Online Service is governed by the Nextensor Terms, Privacy Policy (https://www.nextensor.com/terms) and by any Additional Terms of Use that might be presented to you at that time.

Except as expressly agreed by Nextensor or its affiliates or a third party in a separate Agreement, your use of Nextensor Online Services is at your own risk under the warranty and liability limitations of sections 3.

Termination

This Agreement will continue so long as the licensee has a license to the software or an ongoing subscription, unless earlier terminated. Nextensor may suspend or terminate this Agreement and the licensee’s account, with respect to one or more of the products, if the licensee fails to comply with the terms and conditions of this Agreement, including any failure to pay fees when due. Nextensor may terminate any free account or evaluation usage at any time in its sole discretion. The licensee may terminate this Agreement at any time with notice to Nextensor. Immediately upon termination of any license or subscription right granted under this Agreement, the licensee’s license to software and online services (described on section 9) will cease, and the licensee must at its own cost: (a) cease using (and require all users, and anyone else to cease using) all the terminated products; (b) remove all copies of software from its computer systems and any uncontrolled systems; and (c) return to Nextensor all software or provide Nextensor with written certification that it has destroyed all copies of the software and other Nextensor confidential information in its possession, custody or control. Upon termination of this Agreement for whatever reason, the licensee will not be entitled to credits or refunds for any unused portion of this Agreement, including but not limited to unused maintenance and support.

The termination of this Agreement shall lead to the revocation of all rights to use the licenses by the licensee. Should the licensee decide to terminate this Agreement on their own and free will, without Nextensor having breached any of the terms and conditions set out in this Agreement, the licensee shall loose all rights to claim any compensation for the amounts paid for the Agreement.

General

Upon Nextensor’s written request, the licensee will provide Nextensor with a signed certification certifying that all licensed products are being used pursuant to the terms of this Agreement. With prior reasonable notice of at least fifteen (15) days, Nextensor (or its authorized agent) may audit the use of the products by the licensee, not more than once every twelve (12) months, and shall be subject to the confidentiality obligations of section 5. Any such audit shall be conducted in a manner that avoids unreasonable interference with the licensee business operations and in accordance with your reasonable security requirements. The licensee will provide reasonable assistance and access to information in the course of any audit. The licensee hereby acknowledges and accepts that Nextensor may seek legal proceedings should the licensee fail to meet the terms and conditions set out in this Agreement. Should you have any questions concerning this Agreement, or if you desire to contact Nextensor for any reason, please contact Nextensor at https://www.nextensor.com