WebPros End-User License Agreement

ARCHIVED 2023-10-02, DATE APPROXIMATE · VERSION 20231002_rev01 · COMPARED WITH 20230203_rev01

Full text changes — 20230203_rev01 to 20231002_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

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38	38	2.5. Consent to Use Data. You agree that Plesk may collect and use technical data and related information-including but not limited to technical information about your device, system and application software, and peripherals-that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software. Plesk may use this information, as long as it is in a form that does not personally identify you, to operate, provide, improve, and develop our products, services and technologies, to prevent or investigate fraudulent or inappropriate use of Plesk's products, services, and technologies, for research and development, and for the other purposes described in this Agreement or to you as part of our products and services. You further consent that Plesk may collect the IP addresses of servers, on which a Plesk product is installed. As this information may be considered as personal data, Plesk will handle it in accordance to the Plesk Privacy Policy, available at www.Plesk.com/legal and will limit the use of this information for the prevention of fraudulent use of Plesk products. Subject to your consent in accordance to the applicable laws in your region, Plesk's websites and online services may use "cookies," which enable you to personalize your experience on Plesk's sites and provide information to Plesk such as which websites have been visited and which ads and web searches are effective. If you want to disable cookies, check your browser settings or reject the use of cookies when entering Plesk's website.
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40	40	Plesk may, e.g. for the purpose of providing technical support to you, in the course of your use of the Software be furnished with or have access to information which may qualify as personal data in some or all jurisdictions (such as admin email address).
41	41	By accepting this Agreement, you agree and acknowledge that Plesk may collect, use, process, record, arrange, accumulate, keep, update, extract, transfer (including trans-border transfer) access, depersonalize, block or remove such personal data in performing its contractual duties (Art. 6 I (b) GDPR) and for general administrative purposes and may also disclose the personal data to its affiliates in its country of residence and abroad to the extent required for the performance of its duties under this Agreement and always in accordance to the provisions of the applicable data protection laws in effect (e.g. GDPR). In the event a third party product is resold or distributed by Plesk, the according third party vendor may be furnished with your licensing data in order to enter into a licensing relationship with you for its products or to properly provide technical support to you if required.
42	42	By implementing and maintaining sufficient technical and organizational measures as requested by applicable data protection laws, Plesk makes sure that your personal data is kept in strictest confidence and protected sufficiently against further disclosure.
43		You may, at your exclusive option and discretion, at any time ask Plesk for information about the collected or processed data as well as request the alteration, anonymization or deletion or move of such data in accordance to your rights as a data subject. This may however in some cases have delaying effects on the availability of further Plesk services (e.g. support services). Furthermore, signature of a data processing agreement will be mandatory prior to the provision of remote technical support services by Plesk. Please direct your data protection-related requests to [\[email protected\]](https://www.plesk.com/cdn-cgi/l/email-protection)
	43	You may, at your exclusive option and discretion, at any time ask Plesk for information about the collected or processed data as well as request the alteration, anonymization or deletion or move of such data in accordance to your rights as a data subject. This may however in some cases have delaying effects on the availability of further Plesk services (e.g. support services). Furthermore, signature of a data processing agreement will be mandatory prior to the provision of remote technical support services by Plesk. Please direct your data protection-related requests to [\[email protected\]](https://www.plesk.com/cdn-cgi/l/email-protection).
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45	45	2.6. Audit Rights. During the term of this Agreement and for two (2) years after termination or expiration of this Agreement, Plesk may audit, upon written notice to you, your books, records, and computing devices to determine your compliance with this Agreement and your payment of the applicable license fees, if any, for the Software. In the event that any such audit reveals an underpayment by you of more than five percent (5%) of the license fees due to Plesk in the period being audited, or that you have breached any term of this Agreement, then, in addition to any other rights and remedies Plesk may have, you will promptly pay to Plesk any underpayments plus the cost of the audit.
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47	47	3\. License Fees.
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49	49	The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth on the Plesk (or third party Distributor) web site. License fees for term-based licenses are due prior to the commencement of the applicable term, and may be re-billed to the payment instrument you used for your initial purchase upon the commencement of any renewal term. Your license to the Software will terminate automatically without notice if you notify Plesk in advance that you do not intend to renew a term-based license or if you fail to pay a renewal fee for a term-based license. The license fees paid by you are paid in consideration of the license granted under this Agreement. License sales are final and Plesk does not refund license fees under any circumstances, unless the applicable law stipulates otherwise. By accepting this Agreement you fully understand that once license fee payment is made to Plesk you will have no recourse for receiving a refund of any part of the fees. Furthermore, in the event a license allows for an in-term downgrade, Plesk reserves the right to make the resulting reduced license fee applicable as of the following full calendar month for the first time. Plesk further reserves the right to terminate a license without any recourse in the event of unusual, suspicious or potentially abusive use of a downgrade / upgrade option by customers.