# WebPros End-User License Agreement

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).

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING WEBPROS PROPRIETARY SOFTWARE, INCLUDING SOFTWARE AS A SERVICE, ACCOMPANIED BY OR REFERENCED IN THIS AGREEMENT (the "SOFTWARE").

THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY, INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN "ENTITY") AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO "YOU" HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT.

IF AT ANY TIME YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK THE "I DO NOT ACCEPT" OR SIMILAR BUTTON, TERMINATE THE DOWNLOAD AND/OR INSTALLATION PROCESS, IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE AND DELETE ANY COPIES YOU MAY HAVE. THIS AGREEMENT, ALONG WITH ANY ADDITIONAL TERMS OR POLICIES INCORPORATED HEREIN BY REFERENCE, REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND WEBPROS CONCERNING THE SOFTWARE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH WEBPROS RELATING TO THE SOFTWARE, WHETHER ORALLY OR IN WRITING.

1. License.
   1. Grant of License. Subject to your full and ongoing compliance with the terms and conditions of this Agreement, including without limitation payment of all applicable license fees, the applicable WebPros entity from which you obtained the Software hereby grants to you, and you accept, a personal, limited, nonexclusive, nontransferable (except as set forth in Section 1.6 below), non-assignable, revocable license to use the Software during the Term in machine-readable, object code form only, and the user manuals accompanying the Software (the "Documentation"), only as authorized in this Agreement. For purposes of this Agreement, the "Software" includes any updates, enhancements, modifications, revisions, or additions to the Software made by WebPros and made available to end-users. Notwithstanding the foregoing, WebPros shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software.
   2. Scope of Use. Your license to use the Software is conditioned on the following license restrictions, and any use of the Software in violation of any of these restrictions, or any of the other terms of this Agreement is a breach of this Agreement and is unlicensed. You may use one copy of the Software activated by a license key on a single virtual or physical device owned, leased, or otherwise controlled by you, at a single time (the "Authorized Device"). If you have multiple license keys for the Software, you may install and use as many copies of the Software as you have license keys, in each case, on an Authorized Device and only as authorized herein. For purposes of this Agreement, "use" of the software means loading the Software into the temporary or permanent memory of an Authorized Device. Installation of the Software on a network server solely for distribution to other computers is not "use" of the Software, and is permitted, provided that you have a valid license key for each Authorized Device on which the Software is installed. The Software may not be used on, distributed to, or installed on a greater number of computers than you have license keys. If you use or distribute the Software to multiple users, you must ensure that the number of Authorized Devices does not exceed the number of license keys you have obtained, or you will be in breach of this Agreement and such use and distribution is unlicensed.
      WebPros software cannot be used for any illegal or fraudulent activities or actions, including but not limited to spamming, phishing, spear phishing, spoofing, pharming or any other kind of scam or fraud. Any such activity or action is against the WebPros code of conduct and its fair use policy. WebPros reserves the right, at its sole and exclusive option and discretion, to perform any action it reasonably deems necessary (including temporary or permanent termination of licenses and reporting to prosecution authorities) to prevent illegal or fraudulent activities and actions (incl. cyber crime) without any form of liability to you or the registered license owner.
   3. Additional Terms. Depending on the country in which you are located, additional terms and restrictions may apply, as set forth in Exhibit B (the "Additional Terms"), which terms are incorporated by reference herein and made a part of this Agreement.
   4. Evaluation Licenses. In the event you obtained a trial or evaluation version of the Software, it will come with a trial activation key that activates the Software for a limited time period (the "Trial Period"). You may use the Software during the Trial Period for internal noncommercial purposes, solely to evaluate the suitability of the Software for your needs. Upon the expiration of the Trial Period you must either purchase an activation key or destroy the Software, Documentation, all backup copies thereof, and all trial activation keys that you have obtained. If you do not purchase an activation key prior to the expiration of the Trial Period, this Agreement, and all your rights and licenses hereunder will terminate at the expiration of the Trial Period.
   5. Copies and Modifications. Except and solely to the extent that such a restriction is prohibited under applicable law, you may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any license keys you have obtained. You may not modify or adapt the Software or any license keys that you have obtained in any way. Any such copies of the Software, Documentation, or license keys shall include any copyright or other proprietary notices that were included on such materials when you first received them. Except as authorized in this Section, no copies of the Software, Documentation, or license keys, or any portions thereof, may be made by you or any person under your authority or control.
   6. Assignment of Rights. You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys, as granted by this Agreement, without prior written consent of WebPros, except that you may transfer this Agreement in full in connection with the sale of all or substantially all of the assets related to this Agreement, provided that the assignee assumes all of your obligations hereunder, and the licenses granted hereunder will only extend to use of the Software on the Authorized Device on which the Software was installed immediately prior to the assignment. WebPros may assign this Agreement without limitation. Any assignment in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
   7. Support and Maintenance Services; Updates; Upgrades. WebPros will not provide any support or maintenance services under this Agreement. You acknowledge that WebPros has no express or implied obligation to announce or make available any updates, enhancements, modifications, revisions, or additions to the Software and that this Agreement does not give you any rights in or to any of the foregoing. WebPros may offer support and/or maintenance services separately. If you have purchased WebPros support and/or maintenance services with the Software, these services are provided to you under the terms and conditions accompanying the applicable service. Any supplemental software code or related materials that WebPros provides to you as part of any support and/or maintenance services are considered part of the Software and are subject to the terms and conditions of this Agreement. If you purchase an upgrade (a new version of the Software) from a perpetual license to a newer version of the perpetual license, then your license keys to the prior perpetual license will continue to operate. However, if you purchase an upgrade from a perpetual license to a term-based license, then the license keys to the perpetual license will terminate upon activation of the term-based license.
2. Intellectual Property and Confidentiality.
   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.
   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.
   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.
   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.

   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. If 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.

      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).
      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.
      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.
      You may, at your exclusive option and discretion, at any time ask WebPros 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 WebPros 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 WebPros. Please direct your data protection-related requests to privacy@webpros.com.
      If you are a business licensee, WebPros may use your contract details (including email address) provided in the course of entering into the licensing relationship for promotional purposes related to own and comparable products, unless you have explicitly contradicted such use. At any time, you have the right of free contradiction by contacting privacy@webpros.com (only standard internet connection rates apply).
   6. Audit Rights. During the term of this Agreement and for two (2) years after termination or expiration of this Agreement, WebPros 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 WebPros in the period being audited, or that you have breached any term of this Agreement, then, in addition to any other rights and remedies WebPros may have, you will promptly pay to WebPros any underpayments plus the cost of the audit.

3. License Fees.

   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 corresponding WebPros (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. WebPros reserves the right to amend license fees for subsequent renewal terms by giving you at least 30 days prior written notice. The so amended license fee will become applicable automatically as of the start of the next renewal term, unless the license was terminated beforehand. Any increase of license fees grants you the right to terminate your license for exceptional reasons towards the end of the then-current license term (prior to the increase coming into effect). Your license to the Software will terminate automatically without notice if you notify WebPros 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 WebPros 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 WebPros 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, WebPros reserves the right to make the resulting reduced license fee applicable as of the following full calendar month for the first time. WebPros 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.

4. 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 or formally 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 automatically without 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.

5. Indemnification.

   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.

6. Third Party Software.

   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.
7. Limited Warranty; Disclaimer; Limitation of Liability.
   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.
   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.
   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.
   4. CERTAIN LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OR EXCLUSION OF CERTAIN TYPES OF WARRANTIES, DAMAGES, OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 7 SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
8. General Terms.
   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.
   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.
   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.
   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.
   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.
   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.
   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.
   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.
   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.
   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.
   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.
   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.
   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: www.Plesk.com.

EXHIBIT A

Product-Specific Terms for Auxiliary Products

The following provisions apply only to the Software described in this Exhibit A.

1. Site Quality Monitoring.
   1. Availability. The functions provided by the Software will be available as set out in the Software's documentation. From time-to-time, aspects of the Software will not be available due to planned maintenance or updating. There is no service level associated with the Software.
   2. Deletion of Records. Upon termination, all records associated with the Software's functions will be deleted. Following termination, You will not have access to any historical monitoring information.
   3. Facilitating the Operation of the Site Quality Monitoring Software. Aspects of the Software require access to Your, or the End User's, processes, and network services in order to function properly. It is Your, or Your End User's, obligation to configure these processes and network services in accordance with the documentation associated with the Software. Failure to do so will cause the operation of the Software to degrade or not function properly. WebPros is not responsible for such a degradation or failure to operate, and is not obligated to provide support to address this issue.
   4. High Risk Activities. The Software covered by this subsection is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as, but not limited to, the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, weapons systems, health care facilities or operations (including, but not limited to, physician's offices), or any other software, system or service, in which the failure, or non-operation of the Software for any period of time, could lead, directly or indirectly, to death, personal injury, or severe physical or environmental damage. WebPros and any third parties providing technology incorporated into the Software specifically disclaim any express or implied warranties of fitness for such activities.
2. SiteJet.
   1. Content Ownership. The Software provides You or Your End Users with the ability to upload User Content. User Content includes, but is not limited to, text, photos, images, music, audio, videos, fonts, logos and any other material. To the extent the User Content is owned by You, or End Users, You own the exclusive Intellectual Property Rights in it. When User Content is provided to us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform and distribute it for the purposes of operating the Software is granted to WebPros and any third parties who need such a license for the Software to operate. To the extent You or End Users cannot provide this license to us, or any third party WebPros uses to provide the Software, You agree to indemnify WebPros as set out in this EULA.

      It is Your, or the End User's, sole and exclusive obligation to determine that the User Content complies with the terms of this EULA. The entity that provides WebPros with the User Content represents and warrants that it owns all rights to it, or if not owned, a current, and continuing, license to use, share display, transfer and license the User Content in the manner set out in this EULA, and in the documentation associated with the Software. It is expressly understood that the User Content will be made public, and is for the purpose of creating a public website. Further, You will promptly obtain, and upon WebPros' request provide to us, confirmation that You have received all "Required Consents." "Required Consents" are any consents or approvals required to give us, and if necessary, WebPros' subcontractors, the right or license to access, use and/or modify, User Content. If You fail to provide WebPros with the Required Consents, and WebPros is unable to perform the Services as a result, You will remain responsible for the Fees accrued to this point.

      The entity providing the User Content represents and warrants that the use of the User Content by the Software, and transmission, if applicable to third parties, does not, and will not, infringe or violate the rights of any third party. This representation and warranty includes, but is not limited to, any copyrights, trademarks, privacy rights, publicity rights, contractor rights, trade secrets, or any other intellectual property or proprietary rights.

      The user of the Software is solely and exclusively responsible for the products and services provided using the Software, and complying with any Applicable Laws or regulations associated with such a use.

      Claims made against WebPros based on allegations of violations of Intellectual Property Rights as a result of User Content, or use of the Software, are not subject to the Limitation of Liability, if any, applicable to You set out in the EULA. In addition, You, or the End User, agree to indemnify WebPros to the full extent of the law as set out in this EULA. The WebPros Acceptable Use Policy available at www.webpros.com/legal applies mutatis mutandis to the Software on servers not managed by WebPros.

   2. Integrations. The Software provides integration with various third party services (Integrations). Integrations may make content, services, products and software available to You. WebPros may receive a revenue share from Your use of Integrations. Providers of Integrations will have their own terms of use, and Your use of the Integrations will be governed by them. Providers of Integrations may also have their own privacy policies and use data differently than the Software. It is Your obligation to review these and ensure that You can comply with them, and that their use of data meets Your expectations and legal obligations. Integrations are provided at WebPros' discretion. WebPros has no liability whatsoever for discontinuing to provide them, or a change in WebPros' Software that results in diminishing, or discontinuing, their use.
   3. Compliance with the law. Operating a website requires complying with complex laws and regulations. It is Your obligation to determine which laws apply to the use of the Software, and the end results. Compliance includes, but is not limited to, data protection and security laws, privacy laws that apply both to the use of the Software, and operation of websites and processing of data both in the jurisdiction in which contracting parties and end users are based, "cookie" laws, marketing laws and regulations, as well as industry specific regulations such as HIPAA. Under no circumstances shall the Software be used to create or facilitate the operation of websites that market to individuals under the age of 18 years old, to disseminate pornographic images or text, or to market or distribute products or substances that are controlled national laws (e.g. drugs, weapons, etc.). A determination that the use of the Software is in violation of this paragraph shall be committed to WebPros' sole and exclusive discretion.
   4. Intellectual Property and Abuse Compliance. You will respect the intellectual property of others and respond to notices of alleged infringement of intellectual property rights or other abuse. Your response will be expeditious, comprehensible, and documented. WebPros reserves the right to terminate the use of the Software if it determines it is being used in violation of recognized intellectual property rights, or is being used in a way that WebPros, in its sole and exclusive discretion, determine to be abuse.
   5. Templates. The Software includes design elements that facilitate the creation of a web presence (Templates). Templates include, but are not limited to, layouts, overlays, photographs, fonts, images, and text. WebPros owns, or has the right to use, the Templates. Provided that You pay the fees and otherwise comply with the terms of this EULA, WebPros hereby grants You a limited, non-exclusive, transferable, sub licensable license to use, copy, modify, or create derivative works based on the Templates generated as a result of Your use of the software, including generated websites, and designs as long as an active subscription exists. The Templates may only be used in conjunction with the Services, are not transferrable, may not be used to compete with WebPros or any company affiliated with WebPros, and will be disabled upon Termination of this EULA. There can be no claim against WebPros, or any entity affiliated with WebPros, that a change in the Templates, or the cessation of the ability to use any aspect of them, or the Templates in their entirety, has damaged Your or an End User's business. WebPros' sole and exclusive liability for a claim that it does not have the right to license the Templates to You or an End User, is to secure the rights for You to use the Template, or if that is not feasible, in WebPros' sole and exclusive discretion, refund the fee attributable to the Template, paid for the period in which such a use was not feasible.
   6. Communication. Use of the Software requires that You maintain with us, and on any resulting website, a working means of receiving communication about Your website. At a minimum, this shall include an email address that is monitored daily and a telephone number capable of receiving phone calls and recording voice mail.
3. WebPros Nova (On-Prem AI Functionality).

   WebPros Nova ("Nova") is an AI-based, prompt-driven service for the generation of source code for web applications, websites, website components and images.

   Hereunder, Nova is licensed exclusively for on-premises deployment and use by You on Server(s) operated or controlled by you in accordance with the Agreement and is not provided as part of WebPros Cloud. You do not receive access to the underlying infrastructure, foundation models or training data.

   Nova relies on certain third-party General Purpose AI (GPAI) / Large Language Models (LLMs) via application programming interfaces (APIs). Depending on the specific Nova functionality, the following LLMs are currently used:

   AI Image Generation | Google Gemini
   Nova for WordPress | Anthropic Claude, Google Gemini, OpenAI
   Web Application Generation | Anthropic Claude

   The utilized LLMs may unilaterally be changed by WebPros at any given time to add, improve, expand or repair Nova functionalities. The use of own LLM APIs (BYO) is not supported.

   WebPros remains your contractual service provider. However, any changes to or outages of the underlying LLMs may cause Nova functionalities to be temporarily or permanently unavailable. By using WebPros Nova, you acknowledge and accept such risk and will not make any claims against WebPros for any damages resulting from changes to the underlying LLMs.

   The use of AI systems / LLMs may result in errors, distortions, or unintended inaccuracies. WebPros therefore cannot guarantee the complete accuracy, objectivity, or impartiality of content generated by AI. The information provided should therefore be critically reviewed. The accuracy of output is tied to the accuracy of the underlying LLMs, which, depending on the type of test and the specific LLM assessed, may drop below 50%.

   It is therefore in your own interest to check the plausibility of the information generated by AI Systems. This is particularly important in order to avoid damage resulting from injury to life, limb or health. You will observe this and point this out to other users of Nova under your control.

   1. Subject Matter of the Service and Service Description. WebPros Nova is an AI service operated by WebPros, enabling Users to generate, modify and refactor source code for web applications, websites and images by means of natural-language prompts. Nova functionalities offered by WebPros are strictly limited to the aforementioned. Any use of Nova beyond these limited purposes is prohibited and unlicensed.
   2. Licensing and Rights to Generated In- and Output. WebPros grants you a non-exclusive, non-transferable and time-limited right to use Nova during the term of the underlying license contract.

      Subject to mandatory third-party rights and open-source licenses, all intellectual property rights in and to the generated output (if any) vest in you. You however acknowledge that AI-generated output may not be unique, true or correct and that similar or identical output may be generated for other users.

      User prompts, entered into Nova may be stored and processed by WebPros for optional security, compliance, statistical or auditing purposes. However, entered data will not be used to train the underlying LLMs, unless otherwise specifically agreed to the contrary. You will make sure you will exclusively use Nova for legitimate purposes, in accordance with the WebPros Acceptable Use Policy, which applies mutatis mutandis to your use of the Software.

   3. Obligations of the Customer. The WebPros Acceptable Use Policy applies mutatis mutandis to the use of all WebPros products, including Nova. In furtherance, you shall not use Nova for generating unlawful, infringing, deceptive or malicious content or code. If WebPros finds any Nova output to be in non-compliance with the WebPros Acceptable Use Policy, WebPros reserves the right to demand removal, deletion of websites or code, temporarily or permanently suspend access to Nova or do any other action deemed appropriate or necessary to remediate the non-compliance in its own and exclusive discretion.

      You are solely responsible for reviewing, testing, validating and securing generated code before productive deployment.

      WebPros Nova is not designed to handle personal data, confidential information or trade secrets. You shall refrain from including these types of data in any input, unless explicitly lawfully permitted.

   4. Restriction on High-Risk Use Cases. You shall not use, and shall not permit any third party to use, WebPros Nova, including any AI-based features, prompt-based functionalities, models, integrations, generated outputs, APIs or related services for any purpose that qualifies as a high-risk purpose within the meaning of Regulation (EU) 2024/1689 on Artificial Intelligence ("AI Act"), in particular pursuant to Article 6 in conjunction with Annex III of the AI Act.

      WebPros Nova is offered as a service, utilizing different general-purpose, prompt-driven AI models to support software development, content generation, analysis and automation tasks in a non-regulated, low-risk business environment. WebPros Nova is not designed, trained, validated, certified or contractually intended for use as, or in connection with, high-risk AI systems under the AI Act. Any use of WebPros Nova for such high-risk purposes is strictly prohibited and excluded from the scope of this Agreement.

      In accordance with the provisions of the AI Act and without limitation, Nova, its Outputs or any derived results shall not be used in connection with (non-exhaustive list):

      - Biometric identification or biometric categorization of natural persons, including any form of remote biometric identification or authentication;
      - Employment-related decision-making, including recruitment, applicant screening, performance evaluation, promotion, termination, workforce management or task allocation affecting workers or self-employed individuals;
      - Eligibility assessments for essential private or public services, including credit scoring, lending decisions, insurance underwriting, access to housing, social benefits, or educational admissions;
      - Medical or healthcare-related use cases, including diagnosis, treatment decisions, clinical recommendations, triage or any application impacting patient health or safety;
      - Law enforcement, border control, migration or asylum contexts, including profiling, risk assessment, predictive analysis or credibility evaluation of individuals;
      - Judicial, quasi-judicial or democratic processes, including assistance in judicial decision-making, legal adjudication, or influencing electoral behavior or fundamental rights.

      You act as the sole deployer of WebPros Nova within the meaning of the AI Act and bear exclusive responsibility for determining the suitability, legality and regulatory classification of its specific use cases. WebPros makes no representations or warranties, express or implied, that WebPros Nova or its outputs are compliant with, or suitable for, the intended purpose. You shall ensure that you are authorized to use the content transmitted to the System, whether prompts, texts, drawings, photographs, etc., for this purpose. The System will not check the permissibility of the use of the data transmitted by you.

      Any breach of the EULA or especially these Specific Terms shall constitute a material breach of the license and entitle WebPros to immediately suspend or terminate your access to WebPros Nova without liability or refund.

   5. Technical Requirements. The provision and operation of the internet access required for the use of WebPros Nova, the internet connections (bandwidth, stability), and the necessary end-user equipment (Servers, PC equipment, server infrastructure, mobile devices) are not covered by these terms. You are solely responsible for the provision and maintenance of these components.
      - The existence of a License Agreement for an underlying WebPros product is a prerequisite for setting up and accessing WebPros Nova.
      - A standard, up-to-date internet browser is required to access WebPros Nova.

      WebPros assumes no warranty or liability for the dysfunctionality or inaccessibility of Nova if this is due to inadequate or unfulfilled technical requirements on your part (e.g., insufficient bandwidth or an outdated browser version).

   6. Indemnification. You indemnify, defend and hold harmless WebPros, its affiliated companies, and their respective directors, officers, employees and agents from and against any and all claims, demands, damages, losses, liabilities, administrative fines, regulatory penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with:
      - the use of WebPros Nova in violation of these terms or the Acceptable Use Policy;
      - the deployment of WebPros Nova as or in connection with a high-risk AI system under the AI Act;
      - any failure to comply with applicable AI-related laws, regulations or regulatory obligations, or
      - any claims for infringement of intellectual property of others or the fact that the output of WebPros Nova is erroneous, dysfunctional or not fit for a specific purpose.
   7. EU AI Act Transparency. Nova is an Artificial Intelligence system within the meaning of Regulation (EU) 2024/1689 ("EU AI Act") and is currently classified as a limited-risk AI system.
      - In accordance with Article 50 EU AI Act, Customers acknowledge that they are interacting with an AI system.
      - Nova produces probabilistic output which may contain inaccuracies, vulnerabilities or outdated information and does not constitute professional advice.
      - WebPros implements reasonable technical and organizational measures aligned with applicable requirements for AI systems under the EU AI Act, including AI governance, logging and input/output monitoring.
      - WebPros may follow applicable Codes of Practice issued by the European AI Office for General Purpose AI where relevant.
      - The Customer remains responsible for the lawful deployment, documentation and risk assessment of any AI-generated output.
      - WebPros does not warrant that generated output is correct, complete, secure, non-infringing or fit for a particular purpose.
      - Liability for damages arising from the use of AI-generated output is governed exclusively by the terms of the WebPros EULA.

EXHIBIT B

Additional Terms for Consumers (End-Customers)

United States

If you acquired the Software and are located in the United States of America, the following terms and conditions supplement the Agreement and therefore also apply to you:

1. Thirty Day Money Back Guarantee. If you are not completely satisfied with the Software for any reason, you may return the Software, together with your receipt, for a refund of the money you paid for the Software (less shipping, handling, and any applicable taxes) at any time during the thirty (30) day period following the date of purchase.

Australia

IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN AUSTRALIA, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:

1. Limited Warranty. The Limited Warranty set forth in section 7.1 of the Agreement only applies for the Warranty Period.

   The benefits given to you by the Limited Warranty under clause 7.1 are in addition to other rights and remedies under a law in relation to the goods to which the Limited Warranty relates.

   WebPros Software comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Software repaired or replaced if the Software fails to be of acceptable quality and the failure does not amount to a major failure.

   WebPros' details are as follows: WebPros International GmbH, Vordergasse 59, Schaffhausen, Switzerland.

2. Limitation of Liability. (liability limit) The Australian Consumer Law contains guarantees that protect the purchasers of goods or services in certain circumstances. To the fullest extent permitted by law, the liability of WebPros to you for any loss or claim arising under or in connection with this Agreement that cannot be lawfully excluded under the Australian Consumer Law is limited to:

   1. (replacement) the replacement of the Package and/or Documentation;

   2. (repair) the repair of the Package and/or Documentation;

   3. (replacement price) the payment of the cost of replacing the Package and/or Documentation or of acquiring equivalent goods; or

   4. (repair price) the payment of the cost of having the Package and/or Documentation repaired.

3. Governing Law. This Agreement is governed by the laws of the State of Victoria, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Czech Republic

IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN THE CZECH REPUBLIC, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:

1. Audit Rights. During the term of this Agreement and for two (2) years after termination or expiration of this Agreement, WebPros 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 WebPros in the period being audited, or that you have breached any term of this Agreement, then, in addition to any other rights and remedies WebPros may have, you will promptly pay to WebPros any underpayments plus the cost of the audit. Information acquired during the control shall not be provided to any third party, used for commercial purposes and must respect the relevant provisions of the Act no. 121/2000 Coll., on the protection of individuals with regard to the processing of personal data. Information acquired during such audit shall be used only for the purposes of findings related to the Agreement, compliance and license fee payments.

2. License Fees. 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 WebPros 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.

   (1) Right of withdrawal regarding software delivered by download or by electronic key

   If you are a consumer you have the following statutory right of withdrawal. You may withdraw from the contract in written form (e.g. letter, fax, email) without giving any grounds and within a period of 14 days.

   If you have purchased software by download from the WebPros web pages, this provision shall only apply until you started the download. If you have purchased software by an electronic installation key entitling you to download it from third parties, the right of withdrawal shall only be applicable until we send you the key by email. After this point in time, your right of withdrawal expires.

   The time limit of 14 days for any assertion of your right of revocation begins at the earliest on the day after the conclusion of the contract and after you have received this instruction in written form but not before we complied with our information obligations under Sec. 53 (4) (6) Czech Civil Code. To comply with the time limit it is sufficient to send the withdrawal notice in due time to WebPros International GmbH, Vordergasse 59, Schaffhausen, Switzerland.

   In case of an effective withdrawal the parties shall each return the services received as well as the benefits drawn from utilization (such as the use and enjoyment).

3. 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 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. This choice of law does not exclude any imperative consumer protection laws applicable in the country where the customer has his/her usual place of residence.

France

IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN FRANCE, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:

1. Proprietary Rights to Software and Trademarks. You acknowledge that the Software and the Documentation are proprietary to WebPros, and the Software and Documentation are protected under United States copyright and other national and international 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, or otherwise. Any and all trademarks or service marks that WebPros uses in connection with the Software or with services rendered by any of WebPros are marks owned by WebPros. 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.

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 automatically without 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, 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.

3. LIMITATION OF LIABILITY. IN NO EVENT SHALL WEBPROS BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT 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 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.

4. 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.

Germany

IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN GERMANY AND YOU ARE A CONSUMER AS DEFINED IN SECTION 14 OF THE GERMAN CIVIL CODE/BÜRGERLICHES GESETZBUCH ("GERMAN CONSUMER"), THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:

1. Warranty. WebPros will be liable for material defects and defects in title only to the extent necessary according to German Statutory Law. An additional guarantee is only given by WebPros, if explicitly stated in written form.

2. Limitation of Liability. Sections 8.3. and 8.4. of the Agreement shall not apply for contracts with German Consumers. Instead, WebPros shall only be liable according to the following:

   1. WebPros shall be liable for damages exclusively according to this clause 2. Every other liability for damages shall be excluded.

   2. The liability of WebPros is unlimited for damages arising out of death, injury to body or health based on a breach conducted by a legal representative or designated agent of WebPros, as well as for damages that arose from the lack of a guaranteed characteristic or in case of fraudulent intent.

   3. The liability of WebPros is unlimited for damages caused by WebPros, a legal representative, or designated agent by intent or gross negligence.

   4. In case of a slight negligent breach of a contractual core duty WebPros shall, except in the cases pursuant to clause (ii) and (v) herein, only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment a contractual party regularly may rely on.

   5. Liability pursuant to the German Product Liability Act ("Produkthaftungsgesetz") remains unaffected.

3. Governing Law. This Agreement shall be exclusively governed by German law while excluding the United Nations Convention on Contracts for the International Sale of Goods.

Italy

IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN ITALY, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:

1. Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Switzerland, without prejudice to the mandatory Italian consumer protection laws in case you are a consumer with your usual place of residence in Italy. Any claim or dispute arising in connection with this Agreement shall be resolved in the 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.

Poland

IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN POLAND, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:

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 refrain from exercising and agree not to assert any so-called "moral rights" you may have in the Feedback.

FURTHER, IF YOU ARE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY OR OTHERWISE ACCESSING OR USING THE SOFTWARE WHILE YOU ARE LOCATED IN POLAND AND YOU ARE A CONSUMER AS DEFINED IN APPLICABLE POLISH LAW, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY, AND TO THE EXTENT INCONSISTENT, SUPERSEDE THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT:

1. Assignment of Rights. You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys, as granted by this Agreement, without prior written consent of WebPros, except that you may transfer this Agreement in full in connection with the sale of all or substantially all of the assets related to this Agreement, provided that the assignee assumes all of your obligations hereunder, and the licenses granted hereunder will only extend to use of the Software on the Authorized Device on which the Software was installed immediately prior to the assignment. Any assignment in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

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.

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.

4. Indemnification. Does not apply.

5. Limited Warranty. The Limited Warranty does not exclude the statutory warranty provided under the Polish Act on particular conditions of consumers' sale.

6. WARRANTY DISCLAIMER. The WARRANTY DISCLAIMER does not exclude the statutory warranty provided under the Polish Act on particular conditions of consumers' sale.

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.

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.

9. Taxes. Does not apply.

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.

## THIRD PARTY EXTENSION END USER LICENSE AGREEMENT

1. This is a Third Party Extension End User License Agreement (this "Agreement") governing the provision and use of third-party extensions provisioned by 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) through its designated official distribution channel, namely the Plesk Extension Catalog.
2. The Parties. In this Agreement, WebPros International GmbH is referred to as "WebPros," "we," or "our" and the individual or entity set out in WebPros' records as its customer as "you" or "your" or "user". "Vendor" is the developer/provider of a third-party extension available though the Plesk Extension Catalog.
3. Prior to accessing, installing or/and using any extension made available through the Plesk Extension Catalog, the user must at least accept the applicable standard terms and conditions, specified in this Agreement. These terms govern the use of all third party extensions obtained via the Plesk Extension Catalog, unless the use of a specific extension is governed by a separate end user license agreement, issued directly by its vendor. In such cases, the vendor's end user license agreement shall prevail and govern the use of that particular extension.
4. Acceptance. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the third party extension, even if you have not expressly or formally accepted this Agreement.
5. Effective Date. The Effective Date of this Agreement is the date of your acceptance. To the extent you choose additional extensions from the Extension Catalog, the Effective Date of this Agreement relating to the additional extensions will be the date of your acceptance for these.
6. Independent Contractor. You agree and acknowledge that we are a reseller of the extensions and you are required to pay any fees associated with your use of the extensions to us. However, we are independent of the Vendor. The rights and obligations between you and WebPros are set out in this Agreement, whereas the rights and obligations between you and the Vendor are set out in the Vendor's end user license agreement, if such agreement exists.
7. Fees. Where the extension is offered as a commercial product, your right to use the extension is conditioned upon your timely payment of the applicable license fee. All license fees shall be paid to WebPros, acting as the Vendor's authorized reseller. WebPros reserves the right to terminate or suspend your access to an extension in the event the applicable license fee remains unpaid or your account with WebPros is not in good standing. All license fees stated by WebPros in the Extension Catalog or elsewhere are net fees, excluding any taxes, governmental charges or other mandatory fees applicable in your jurisdiction. It is in your responsibility to pay any applicable fees in addition to the license fee.
8. Support. Any support of extensions is provided by their Vendor. You agree and acknowledge that we have no responsibility for providing support and maintenance for extensions, except where WebPros is the extension vendor.
9. Termination. We may terminate this THIRD PARTY EXTENSIONS END-USER LICENSE AGREEMENT as set out in Plesk End-User License Agreement. We may also terminate your right to use the Products if you violate the terms of this agreement, or if the Vendor instructs us to terminate your use of the extension.
10. Change of this Agreement. 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/. 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. 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 extension after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement.
11. Ownership. The extension, including without limitation all content, information, materials, software code, design, documentation, and any related intellectual property rights therein and thereto, is and shall remain the exclusive property of the Vendor and/or its licensors. The extension is protected by applicable copyright, trademark, patent, and other intellectual property and proprietary rights laws. No title or ownership rights in or to the extension are transferred to you by virtue of this Agreement or through any access or use of the extension.
12. Permitted and Restricted Use. Subject to your complete and ongoing payment of the applicable license fees, you are granted a limited, non-exclusive, non-transferable, revocable license to use the extension solely in accordance with the terms of this Agreement or, as the case may be, the Vendor's own end user license agreement. Except as expressly permitted herein or on the basis of the applicable laws, you shall not, and shall not permit any third party to:
    (a) copy, reproduce, modify, adapt, translate, or create derivative works based on the extension or any portion thereof;
    (b) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying structure of the extension;
    (c) rent, lease, lend, sublicense, sell, distribute, or otherwise transfer or make available the extension or any of its components; or
    (d) use the extension in any unlawful manner or in any manner that infringes the intellectual property rights of the Vendor, its licensors, or any third party.
13. Responsibility for Use. You acknowledge and agree that you are solely responsible for your access to and use of the extension. You shall not use the extension in any unlawful, abusive, or otherwise improper manner, including, without limitation, to transmit any malicious code, infringe upon the rights of others, or disrupt or burden any network or service. The Vendor and its affiliates shall have no responsibility or liability whatsoever for any misuse of the extension by you or for any damages, losses, or claims arising therefrom.
14. Disclaimers of Warranty and Liability. WebPros provides no warranty, representation, or guarantee of any kind, express or implied, with respect to any third-party extensions. Any liability resulting from the use of a third party extension vests in the respective Vendor. If WebPros is the vendor of an extension, WebPros shall be liable without limitation (i) in cases of intent or gross negligence, (ii) for injury to life, limb, or health, (iii) in accordance with the provisions of the Product Liability Act, and (iv) to the extent of a guarantee assumed by WebPros. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), WebPros' liability shall be limited to the amount of damage that is foreseeable and typical for the type of business. WebPros shall not be liable to any further extent. Unless otherwise agreed, claims for lost profits are excluded. The above limitation of liability also applies to the personal liability of WebPros' employees, representatives, and organs.
15. Governing Law. This Agreement is governed by and construed in accordance with the laws of Switzerland. Agreed and exclusive place of jurisdiction are the courts located in Zürich / Switzerland.