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Truly Madly Deeply. We may update or require you to update the Software to reflect changes in the operating system for which it is designed or for other reasons, provided that we shall use reasonable endeavours to ensure that the Software materially retains the functions of the version being updated.

Except as expressly set out in this Licence or as permitted by any local law applicable to your use of the Software, you undertake:. We will provide you with maintenance services in accordance with your Licence Type.

Maintenance services comprise where covered by your Licence Type and provided under Clause 2. We are not bound to make new versions available including at any particular time intervals.

Where included in your Licence Type, we will provide you with support services. Support services may comprise one-to-one technical support via chat or email, dedicated support through video-calls, access to our Software forum, input on the priority of feature developments for new versions of the Software, and a dedicated success manager.

Support services are as described on our Website. As regards those support services requiring us to respond to queries, we will endeavour to respond within a reasonable time of receiving your query.

You must provide us with all reasonable information about any technical concerns to help us understand the issue. The Licensor has no obligation to provide support related to any versions of the Software other than the current version from time to time and the immediately preceding version to which you are entitled under Clause 2.

You shall pay the fees applicable to your Licence Type and payment plan, in the amounts and currency and at the times displayed on our Website at the time of your registration or renewal as applicable.

We may change the fees for any Licence Type at any time by giving you at least 30 days' notice in accordance with Clause We will also post changes to our standard fees on our Website.

If you have an annual payment plan, the change will not have effect until your subscription is renewed at the end of the payment year. If you have a monthly payment plan, the change will have effect in 30 days or such later date as stated in our notice to you.

You have certain refund and cancellation rights under Clauses 7. You acknowledge that all intellectual property rights in the Software throughout the world belong to us, that rights in the Software are licensed not sold to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of this Agreement.

In no circumstances does accepting this Agreement transfer to you any claim to the intellectual property rights held by us. You acknowledge that you have no right to have access to the source code of the Software other than as expressly provided in this Agreement. Subject to Clause 6. You agree to notify us promptly in accordance with Clause 10 upon becoming aware of any claim by any third party that your use of the Software infringes that third party's intellectual property rights.

We shall have the right, but not the obligation, to control the defence and any settlement negotiations related to the third party's claim. You agree to make no admission in relation to the claim without our prior written consent, and subject to our reimbursing your reasonable costs, to give us reasonable information and cooperation in relation to the claim.

If we receive or anticipate any claim that your use of the Software, as permitted by this Agreement, infringes upon any intellectual property rights of any third party, we shall use reasonable efforts to modify or replace the Software to render it non-infringing, or to obtain the requisite licence, but if we consider those remedies not to be commercially reasonable, we may ask you to stop using the Software whereupon we will refund you any fees you have paid to us in advance pro rata to the unused subscription period covered by the fees to a maximum of 12 months.

The foregoing is your sole remedy in relation to third party intellectual property rights infringement claims. You may tell us about defects or faults in the Software using the channels described on our Website.

In the case of Licence Types where fees are payable, we warrant that, for 90 days after we permit your download of the Software Warranty Period :. If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the description on our Website, we will, as a sole remedy and provided you supply reasonable details of the defect or fault and we can reproduce it, use reasonable endeavours to make an error correction patch or update available to you and, if we have not been able to provide an error patch or update, you may end this Agreement and your licence by giving use notice in accordance with Clause 10, and we will refund any licence fees you have pro rata to the unexpired subscription period covered by those fees to a maximum of 12 months.

You must then immediately erase the Software from your computer. The above warranty does not apply if the defect or fault in the Software results from:. You acknowledge that you had the opportunity to register to use and download the Software under a free of charge Licence Type before electing for a paid Licence Type and to examine the Software for defects in quality.

Accordingly, you accept that the Software contains defects which were or should have been apparent on your examination. We will provide maintenance and support services 9am to 5pm Cyprus time or such time as displayed on our Website. Our Website will not be accessible or available during routine or emergency maintenance or if our telecommunications' or hosting suppliers' systems or services do not enable this. In the case of Licence Types where no fees are payable, you agree that you will use the Software at your own risk, and we give no warranty that the Software will be free from defects or faults.

Although we give the warranty in Clause 7. We warrant that we will perform the maintenance and support services under this Agreement with reasonable skill and care. We exclude all conditions, warranties, terms, representations and statements whether for fitness for purpose, satisfactory quality or otherwise, whether implied by statute, common law, course of dealing, market practice or otherwise, save where expressly set out in this Agreement.

If you are dealing with us as a consumer, the warranties in this Clause 7 are in addition to your legal rights under applicable law in relation to Software that is faulty. This includes, if your Licence Type is for fees, that the Software is of satisfactory quality. The Open Source software and the applicable licence are listed within the Software. We make no warranties with respect to Open Source materials contained herein.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors when acting in the course of their duties to us under this Agreement or for fraud or fraudulent misrepresentation. Force majeure: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events, acts, non-happening or accident outside our reasonable control including without limitation strikes, lock-outs or other industrial action except of our own workforce or general across workforces ; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war whether declared or not or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; impossibility of the use of or unavailability of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

Our obligations to perform this Agreement are deemed to be suspended for the period that the force majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure to a close or to find a solution by which our obligations under this Agreement may be performed despite it.

If a force majeure event stopping us from providing the Software continues for more than a week, and you are a consumer, we will refund you the licence fees you have paid pro rata to the subscription period when the Software was unavailable to the maximum of 12 months. Term, Cancellation and Termination.

This Agreement shall start on the date when you first register to use the Software and will continue until and unless cancelled or terminated as provided in this Agreement.

In order to end this Agreement, please let us know using one of the methods described in Clause If you cancel this Agreement under this Clause 9. Your licence will be cancelled and you must not download the Software. Where fees are payable under your Licence Type:. If you have an annual payment plan, then this Agreement will automatically renew on the expiry of the initial year and on the expiry of any renewal years , unless you or we terminate this Agreement at least 30 days before the end of that year or the renewal year.

On any renewal, you must pay the applicable licence fees as may be changed in accordance with Clause 5. If you have a monthly payment plan, then this Agreement will renew from month to month until you or we terminate it by giving the other notice. A termination takes effect on the first day of the following month. The Licensor may terminate this Agreement at any time on 30 days' notice to the Licensee if it decides to cease providing or maintaining the Software.

In this case, we will refund you the fees you have paid pro rata to the unexpired subscription period to which such fees apply. The termination notices must be given using one of the methods described in Clause If this Agreement is terminated under this Clause 9. You may receive error-patches and updates, only as permitted in Clause 2. Where fees are not payable under your Licence Type, either party may terminate this Agreement by giving the other party at one day's notice, in accordance with Clause If Licence Type is or permits a trial licence, you may terminate this Agreement with effect before or upon expiry of the applicable trial period by sending us notice in accordance with Clause If you do not so terminate this Agreement by the expiry of the trial period, you will be liable to pay the applicable licence fees.

If you do so terminate this Agreement, we shall as applicable not debit your payment account with any fees, or, if you have paid any fees, refund them together with valued or sales tax, if applicable. If you do so terminate this Agreement you must stop using the Software and delete it from all your computer s unless you register for a free of charge Licence Type.

You must confirm that you have so deleted the Software if we ask. We may terminate this Agreement immediately if you:.