WebPros End-User License Agreement

ARCHIVED 2024-03-01, DATE APPROXIMATE · VERSION 20240301_rev01 · COMPARED WITH 20240202_rev01

Full text changes — 20240202_rev01 to 20240301_rev01

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

 - 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.
 - 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.
 - 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.
 - 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.
 - 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.
 - 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.
+- 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](http://www.parallels.com/).
+- 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/).
 EXHIBIT A
 Additional Terms for Consumers (End-Customers)
 United States
 . WARRANTY DISCLAIMER. The WARRANTY DISCLAIMER does not exclude the statutory warranty provided under the Polish Act on particular conditions of consumers' sale.
 . 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.
 . 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.
 . Taxes. Does not apply.
 . 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.
+Plesk Product EULA v.8 16.01.2024
+Plesk Product EULA v.8
+.01.2024