WebPros End-User License Agreement
ARCHIVED 2026-02-02, DATE APPROXIMATE · VERSION 20260202_rev01 · COMPARED WITH 20240301_rev01
Full text changes — 20240301_rev01 to 20260202_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 5 | 5 | Privacy Policy |
| 6 | 6 | |
| 7 | 7 | Opt-Outs |
| 8 | 8 | |
| 9 | 9 | Cookie Statement |
| 10 | 10 | |
| 11 | 3rd Party Extension EULA | |
| 12 | ||
| 11 | 13 | GDPR Processors |
| 12 | 14 | |
| 13 | 15 | **WebPros End-User License Agreement** |
| 14 | 16 | |
| 15 | 17 | This End-User License Agreement (this "Agreement") is a legal contract between you, as either an individual or an Entity (as defined below), and WebPros International GmbH (formerly Plesk International GmbH), Vordergasse 59, 8200 Schaffhausen / Switzerland and its subsidiaries and affiliated companies of the WebPros group of companies (collectively referred to as "WebPros" herein). |
| 16 | 18 | |
| 36 | 38 | 2. Intellectual Property and Confidentiality. |
| 37 | 39 | |
| 38 | 40 | - 2.1. Use Reporting, License Violations and Remedies. WebPros reserves the right, and you authorize WebPros, to gather data on key usage including license key numbers, Authorized Device IP addresses or other applicable device identifier (including MAC address or UDID), domain counts and other information deemed relevant, to ensure that our products are being used in accordance with the terms of this Agreement. WebPros reserves the right to remedy violations of any of the terms of this Agreement immediately upon discovery, by charging the then current list price of unauthorized keys to the payment instrument used to make the original, authorized purchase, or by any other means necessary, including remotely disabling the Software. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered violation of this Agreement and will result in immediate termination of this Agreement pursuant to Section 4. |
| 39 | 41 | - 2.2. License Expiration. Your license may include an expiration date that can result in the termination of the license. If your license key is stolen, or if you suspect any improper or illegal usage of your license outside of your control you should promptly notify WebPros of such occurrence. A replacement license will be issued to you and the suspect license will be allowed to expire. For monthly subscription licenses, your monthly payment for each month must be processed prior to the expiration date in order for the license updates to be performed. For your convenience, WebPros may, but has no obligation to, provide license expiration warnings in the product interface. It is your responsibility to contact WebPros regarding any potential expiration that you deem inappropriate. WebPros shall not liable for any damages or costs incurred in connection with the expired licenses. Perpetual licenses do not carry an expiration date. However, for technical and fraud-prevention purposes, licenses which do not report active use for a minimum of 12 months will suspend, automatically and will require to be replaced. |
| 40 | 42 | - 2.3. Proprietary Rights to Software and Trademarks. You acknowledge that the Software and the Documentation are proprietary to WebPros (WebPros International GmbH), and the Software and Documentation are protected under copyright and other intellectual property laws and international treaties. You further acknowledge and agree that, as between you and WebPros, WebPros and its third party licensors own and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Software or the Documentation or any other intellectual property rights of WebPros, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that WebPros uses in connection with the Software or with services rendered by WebPros are marks owned by WebPros International GmbH / Switzerland (formerly: Plesk International GmbH). This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. |
| 41 | 43 | - 2.4. Confidentiality. You shall permit only authorized users, who possess rightfully obtained license keys, to use the Software or to view the Documentation. Except as expressly authorized by this Agreement, you shall not make available the Software, Documentation, or any license key to any third party, or use the Software, Documentation, or any license key for any purpose other than exercising rights expressly granted to you hereunder. You agree to cooperate with and assist WebPros in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof. |
| 42 | - 2.5. Consent to Use Data. You agree that WebPros 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. WebPros 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 WebPros 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 WebPros may collect the IP addresses of servers, on which a WebPros product is installed. As this information may be considered as personal data, WebPros will handle it in accordance to the WebPros Privacy Policy, available at www.Plesk.com/legal and will limit the use of this information for the prevention of fraudulent use of WebPros products. Subject to your consent in accordance to the applicable laws in your region, WebPros websites and online services may use "cookies," which enable you to personalize your experience on WebPros sites and provide information to WebPros 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 WebPros' websites. | |
| 44 | - 2.5. Consent to Use Data. You agree that WebPros 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. WebPros 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 WebPros 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 WebPros may collect the IP addresses of servers, on which a WebPros product is installed. As this information may be considered as personal data, WebPros will handle it in accordance to the WebPros Privacy Policy, available at https://www.plesk.com/legal and will limit the use of this information for the prevention of fraudulent use of WebPros products. Subject to your consent in accordance to the applicable laws in your region, WebPros websites and online services may use "cookies," which enable you to personalize your experience on WebPros sites and provide information to WebPros 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 WebPros' websites. | |
| 43 | 45 | |
| 44 | 46 | WebPros 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). |
| 45 | 47 | |
| 46 | 48 | By accepting this Agreement, you agree and acknowledge that WebPros 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 WebPros, 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. |
| 47 | 49 | |
| 48 | 50 | By implementing and maintaining sufficient technical and organizational measures as requested by applicable data protection laws, WebPros makes sure that your personal data is kept in strictest confidence and protected sufficiently against further disclosure. |
| 62 | 64 | 5. Indemnification |
| 63 | 65 | |
| 64 | 66 | You will, at your own expense, indemnify and hold WebPros, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys' fees (collectively, "Claims"), arising out of any use of the Package (as defined below) by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement. |
| 65 | 67 | |
| 66 | 68 | 6. Third Party Software. |
| 67 | 69 | |
| 68 | The Software which is distributed to you may include various third party software components or software services ("Third Party Software" and together with the Software, the "Package") which are provided under separate license terms (the "Third Party Terms"), as may be described in more detail in the "Notices.txt" file (if applicable) included in the Documentation. Information regarding Third Party Software included in the Package is also available on our website at www.Plesk.com. You are permitted to use the Third Party Software in conjunction with the Software, provided that such use is consistent with the terms of this Agreement. You may have broader rights to use the Third Party Software under the applicable Third Party Terms. Nothing in this Agreement is intended to impose further restrictions on your use of the Third Party Software in accordance with any Third Party Terms. The Software may also enable interoperation with certain other third party operating systems and applications. | |
| 70 | The Software which is distributed to you may include various third party software components or software services ("Third Party Software" and together with the Software, the "Package") which are provided under separate license terms (the "Third Party Terms"), as may be described in more detail in the "Notices.txt" file (if applicable) included in the Documentation. Information regarding Third Party Software included in the Package is also available on our website at https://www.plesk.com/. You are permitted to use the Third Party Software in conjunction with the Software, provided that such use is consistent with the terms of this Agreement. You may have broader rights to use the Third Party Software under the applicable Third Party Terms. Nothing in this Agreement is intended to impose further restrictions on your use of the Third Party Software in accordance with any Third Party Terms. The Software may also enable interoperation with certain other third party operating systems and applications. | |
| 69 | 71 | |
| 70 | 72 | 7. Limited Warranty; Disclaimer; Limitation of Liability. |
| 71 | 73 | |
| 72 | 74 | - 7.1. Limited Warranty. WebPros warrants that it has the right to license the Software to you and that it works substantially in accordance to its Documentation for at least 90 days following the date of purchase. |
| 73 | 75 | - 7.2. WARRANTY DISCLAIMER. EXCEPT FOR THE SOLE LIMITED WARRANTY EXPRESSLY GRANTED TO YOU IN SECTION 7.1, THE PACKAGE AND DOCUMENTATION ARE LICENSED "AS IS," AND WEBPROS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEBPROS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND DOES NOT WARRANT THAT THE PACKAGE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE WEBPROS PRODUCTS, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PACKAGE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE PACKAGE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE PACKAGE. |
| 74 | 76 | - 7.3. LIMITATION OF LIABILITY. IN NO EVENT SHALL WEBPROS BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS), WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF WEBPROS HAS OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WEBPROS' TOTAL AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. |
| 79 | 81 | - 8.1. Feedback. If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to WebPros ("Feedback"), regardless of any accompanying communication, WebPros has no obligation to review, consider, or implement your Feedback, all such submissions are made on a non-confidential basis, WebPros and its successors and assigns have an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any compensation or attribution, and you waive and agree not to assert any so-called "moral rights" you may have in the Feedback. |
| 80 | 82 | - 8.2. Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the applicable courts situated in Zürich / Switzerland. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. |
| 81 | 83 | - 8.3. Severability. If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Agreement. |
| 82 | 84 | - 8.4. Survival. Articles 2, 5, 7, and 8 of this Agreement and all Sections thereof, shall survive the termination or expiration of this Agreement, regardless of the cause for termination or expiration, and shall remain valid and binding indefinitely. |
| 83 | 85 | - 8.5. Headings. The Article and Section headings contained in this Agreement are included for reference purposes only and shall not affect the meaning or interpretation of this Agreement. |
| 84 | 86 | - 8.6. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. |
| 85 | - 8.7. Amendment. WebPros reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on www.Plesk.com, provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We encourage you to review the published Agreement from time to time to make yourself aware of changes. Material changes to these terms will be effective upon the earlier of (i) your first use of the Software with actual knowledge of such change, or (ii) 30 days from publishing the amended Agreement on www.Plesk.com. If there is a conflict between this Agreement and the most current version of this Agreement, posted at www.Plesk.com, the most current version will prevail. Your use of the Software after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement. If you do not accept amendments made to this Agreement, then it is your responsibility to terminate this Agreement pursuant to Section 4. | |
| 87 | - 8.7. Amendment. WebPros reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on https://www.plesk.com/, provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We encourage you to review the published Agreement from time to time to make yourself aware of changes. Material changes to these terms will be effective upon the earlier of (i) your first use of the Software with actual knowledge of such change, or (ii) 30 days from publishing the amended Agreement on https://www.plesk.com/. If there is a conflict between this Agreement and the most current version of this Agreement, posted at https://www.plesk.com/, the most current version will prevail. Your use of the Software after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement. If you do not accept amendments made to this Agreement, then it is your responsibility to terminate this Agreement pursuant to Section 4. | |
| 86 | 88 | - 8.8. Taxes. You shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under this Agreement, excluding income taxes on the net profits of WebPros. You shall reimburse WebPros for the amount of any such taxes or duties paid or incurred directly by WebPros as a result of this transaction, and you agree that WebPros may charge any such reimbursable taxes to the payment instrument you used for your initial payment. |
| 87 | 89 | - 8.9. Export Controls. You may not use, export, re-export, import, sell or transfer the Software except as authorized by the laws of the jurisdiction in which you obtained the Software and any other applicable laws and regulations. You represent and warrant that (i) you are not located in a country that is subject to an international embargo, or that has been designated by the U.S. or a European Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S., European or Japanese Government list of prohibited or restricted parties. You also acknowledge that the Software may be subject to other U.S., European or Japanese laws and regulations governing the export of software by physical and electronic means. You agree to comply with all applicable U.S., European and Japanese laws that apply to WebPros as well as end-user, end-use, and destination restrictions imposed by the U.S., European or Japanese governments. You also agree that you will not use the Software for any purposes prohibited by U.S., European or Japanese laws, including, without limitation, the development, design, manufacture or production of nuclear missiles, or any form of weapons. |
| 88 | 90 | - 8.10. United States Government Use Rights. The Software as defined herein and any related technical data, including manuals and Documentation, are commercial as defined in the Federal Acquisition Regulation (FAR) at 2.101. If the Software is acquired by or on behalf of an agency, department, or other entity of the U.S. Government ("Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer ("use") of the Software, and any related technical data of any kind, including manuals and Documentation, no matter how received by the Government, is restricted by the terms and conditions of this Agreement in accordance with FAR 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited. |
| 89 | 91 | - 8.11. Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern. |
| 90 | 92 | - 8.12. Trademark Notice. The Plesk logo, Plesk and other WebPros logos, are registered trademarks or trademarks of WebPros International GmbH, in the United States, Europe and/or other countries. All other trademarks referenced in the Software or Documentation are the property of their respective owners. |
| 91 | 93 | - 8.13. Contact Information. You may contact WebPros for more information about the Software, other WebPros products and services at WebPros International GmbH, Vordergasse 59, Schaffhausen, Switzerland, or by visiting our website: [Plesk.com](https://www.plesk.com/). |
| 189 | 191 | 2. Term and Termination. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, even if you have not expressly accepted this Agreement. This Agreement shall continue in effect until expiration or termination as provided herein (the "Term"). Term-based licenses terminate upon the expiration of the prepaid term, unless you have paid all applicable fees to extend the term. Without prejudice to any other rights, this Agreement will terminate upon seven (7) days notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case WebPros may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. You may terminate this License Agreement at any time by providing written notice of your decision to terminate the Agreement to WebPros and ceasing use of the Software and Documentation. Upon any termination or expiration of the Agreement for any reason, you agree to uninstall the Software and either return to WebPros the Software, Documentation, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to WebPros. |
| 190 | 192 | 3. Right of Revocation. At any time during the ten (10) day period following the date of purchase of the Software / conclusion of this Agreement, You may, for any reason, return the Software (terminate this Agreement), together with your receipt, for a refund of the money you paid for the Software. |
| 191 | 193 | 4. Indemnification. Does not apply. |
| 192 | 194 | 5. Limited Warranty. The Limited Warranty does not exclude the statutory warranty provided under the Polish Act on particular conditions of consumers' sale. |
| 193 | 195 | 6. WARRANTY DISCLAIMER. The WARRANTY DISCLAIMER does not exclude the statutory warranty provided under the Polish Act on particular conditions of consumers' sale. |
| 194 | 196 | 7. Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the competent courts of Poland. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. |
| 195 | 8. Amendment. WebPros reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on www.Plesk.com, provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We encourage you to review the published Agreement from time to time to make yourself aware of changes. Material changes to these terms will be effective upon your first use of the Software with actual knowledge of such change. If there is a conflict between this Agreement and the most current version of this Agreement, posted at www.Plesk.com, the most current version will prevail. Your use of the Software after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement. | |
| 197 | 8. Amendment. WebPros reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on https://www.plesk.com/, provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We encourage you to review the published Agreement from time to time to make yourself aware of changes. Material changes to these terms will be effective upon your first use of the Software with actual knowledge of such change. If there is a conflict between this Agreement and the most current version of this Agreement, posted at https://www.plesk.com/, the most current version will prevail. Your use of the Software after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement. | |
| 196 | 198 | 9. Taxes. Does not apply. |
| 197 | 199 | 10. Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and Polish versions, the Polish version of this Agreement shall govern. |
| 198 | 200 | |
| 199 | Plesk Product EULA v.8 | |
| 200 | 16.01.2024 | |
| 201 | Plesk Product EULA v.8 16.01.2024 |