Agreement relating to the use of the SoftPlanet Developer Center
Section A. Specific Terms and Conditions Relating to the Use of the "Your Software" service
Developer or You:
Any person who is registered and approved by SoftPlanet to distribute and/or promote Products in accordance with the terms of this Agreement.
A publishing account issued to Developers that enables the distribution of Products via the Market.
SoftPlanet's and its Affiliates website, and related distribution network and distribution channels, offered internationally in a range of languages and managed by SoftPlanet, providing Developers the opportunity to distribute Products to users.
Software, information and digital items created by the Developer, or with respect to which the Developer has the needed legal rights to distribute and/or promote, and distributed and/or promoted via the Market.
SoftPlanet.com - a site held by Secure Download LTD., with headquarters based in Varna, Bulgaria
The Market is a global and openly available website, and associated distribution network and delivery channels, from which Developers may deliver and/or advertise their Products. In order to distribute and/or advertise Products via the Market, You must acquire and maintain a valid Developer Account.
These terms and conditions are part of a legally holding contract between You and SoftPlanet in connection to your use of the Market to allocate and/or promote Products. In order to utilize the Market to distribute and/or promote your Products, You have to first consent to this Agreement by accepting it where this option is made presented to You. You may not distribute or promote Products via the Market if You do not acknowledge this Agreement.
You may not use the Market to circulate or advertise Products, and may not accept the Agreement, unless You are validated as an Developer in good status. This Agreement will immediately end if You are not an Developer in good status, decided in SoftPlanet's discreetness.
If You are consenting to be bound by this Agreement on behalf of your company or other organization, You stand for and guarantee that You have full legal Authority to bind your employer or such entity to this Agreement. If You do not have the required Authority, You may not accept the Agreement or use the Market on behalf of your manager or other organization.
Prices and charges
This part of the Agreement relates to the Products that You agree to distribute and/or advertise for free.
You Support Your Product. You will be exclusively liable for support and service of your Products and any issues about your Products. Your contact info will be shown in each application detail page and made obtainable to users for client support needs.
Reinstalls. Except for Products that are merely promoted via the Market and the subject of a User´s re-direction to a third party site, users are permitted infinite re-installs of each program distributed via the Market, given however that if You pull a Product(s) from the Market pursuant to sub-clauses (i), (ii) or (iii) of Clause 7.a, such Product(s) shall be taken out from the Market completely and users will no longer have a right or capability to re-install such Product(s).
Use of the Market by You
Apart from the license liberties given by You in Clause 5 below, SoftPlanet consents that it gains no right, title or interest from You (or your licensors) under this Agreement in or to any of the Products, incorporating any intellectual belongings rights which subsist in those applications.
You agree to utilize the Market only for functions that are authorized by (i) this Agreement, and (ii) any relevant law, legislation or generally accepted methods or guidelines in the relevant jurisdictions (including any laws about the export of data or applications to and from Bulgaria, the EU or other relevant countries).
You agree that if You utilize the Market, You will secure the confidentiality and legal rights of customers. If the users provide You with, or your Product accesses or uses, user names, passwords, or other login data or individual information, You need to make the users informed that the information will be obtainable to your Product, and You must offer a legally sufficient privacy note and security for those users. Additionally, your Product may exclusively use that information for the restricted purposes for which the user has given You approval to do so. If your Product keeps personal or delicate information provided by users, it must do so safely and only for as long as it is necessary. But if the user has chosen into a different agreement with You that enables You or your Product to keep or use personal or delicate information closely related to your Product (not including other products or programs) then the terms of that separate agreement will regulate your use of this type of information.
Forbidden Activities. You agree that You will not take part in any action with the Market, such as the advertising, development or circulation of Products, that impedes with, disrupts, damages, servers, networks, or other belongings or services of any third party including, but not limited to, SoftPlanet users or SoftPlanet. You may not use client information acquired from the Market to trade or distribute Products out of the Market, except if you have gained user consent for such purpose.
Non-Compete. You may not make use of the Market to give out or make obtainable any Product whose main function is to enable the distribution of Products outside of the Market.
You agree that You are entirely responsible for (and that SoftPlanet has no legal responsibility to You or to any third party for) any Products You promote or distribute by using the Market and for the aftermath of your actions (including any loss or damage which SoftPlanet may experience) by doing so.
You consent that You are solely accountable for (and that SoftPlanet has no accountability to You or to any third party for) any infringement of your responsibilities under this Agreement, any relevant third party agreement or terms of service, or any applicable law or legislation, and for the aftermath (including any loss or damage which SoftPlanet or any third party may suffer) of any such breach.
The Market will enable You to guard your Products so that users may not share Products with other users.
Product Ranks. The Market may allow users to rank Products. Only users who download an appropriate Product will be able to rate it.
Promoting Your Product. In the instance You wish to circulate your Product straight via the Market (that is, without any re-direction from a SoftPlanet website to a third party website), You will be accountable for posting your Products to the Market and supplying needed Product information to users. In this perspective, Products that are not correctly uploaded will not be released in the Market.
Limited Content. Any Product You advertise or distribute via the Market must stick to the Market Content Policy for Developers; the material of your Product must be rated in compliance with these Policies:
Sexually Explicit content: SoftPlanet would not allow material that includes nudity, visual sex acts, or sexually explicit content. SoftPlanet has a zero-tolerance policy opposing child pornography. If we become informed of content with child pornography, we will report it to the applicable Authorities and delete the SoftPlanet Accounts of those engaging with the circulation.
Brutality and Bullying: Depictions of needless violence are not permitted. Applications should not have materials that endanger, hassle or bully other users.
Private and classified Information: SoftPlanet doesn't allow illegal publishing of people's private and classified information, such as credit card numbers, Social Security numbers, driver's and other certificate numbers, or any other information that is not publicly available.
Intellectual Property: You justify that your Product(s) do not conflict the intellectual property legal rights of others, including patent, trademark, trade information, copyright, and other proprietary rights. We will answer to clear letters of claimed copyright infringement.
Illegal Actions: Hold it legal. We will take action to any clear sees of any Product employed in or associated to unlawful activities.
Harmful Products: Do not transfer viruses, worms, defects, Trojans, spyware, or any other items of that may harm user devices or personal data. We don't allow content that damage or interferes with the functioning of the networks, servers, or other system of SoftPlanet or any third parties. Malware, malicious scripts and password phishing frauds are also forbidden.
a. In the case You wish to deliver your Product straightaway via the Market (that is, without any re-direction from a SoftPlanet website to a third party website), You give SoftPlanet a non-exclusive, global, and royalty-free license to: duplicate, perform, display, and use the Products for administrative and demo reasons in link with the operation and promoting of the Market and related distribution network and distribution channels and to use the Products to make enhancements to the SoftPlanet platform.
You give to SoftPlanet a non-exclusive and royalty-free permit to advertise and, should it be the case, circulate the Products via the Market and SoftPlanet's corresponding distribution net and distribution channels, dependent on the posting options selected by You on the Product post page of the Market. In the situation You wish to distribute your Product straightaway via the Market (that is, without any re-direction from a SoftPlanet website to a third party site), You expressly acknowledge and accept that SoftPlanet may use its downloader program in order to facilitate the download of the Products by users via the Market.
SoftPlanet might use experts and other specialists in association with the efficiency of responsibilities and exercise of rights under this Agreement, provided that such experts and specialists will be subject to the same obligations as SoftPlanet. After end point of this Agreement, SoftPlanet will not market or distribute your Product.
You provide to the user a non-exclusive, international, and perpetual license to execute, display, and use the Product. If You decide to, You may feature a different end user license agreement (EULA) in your Product that will regulate the user's rights to the Product in lieu of the previous sentence.
You portray and guarantee that You have all intellectual property rights, such as all required patent, trademark, trade secret, copyright or other proprietary rights, in and to the Product. If You make use of third party contents, You signify and justify that You have the right to promote/distribute the third party component in the Product. You consent that You will not publish material to the Market that is proprietary, shielded by deal secret or otherwise subject to third party proprietary rights, such as patent, privacy and publicity rights, except if You are the owner of such rights or have permission from their rightful owner to submit the material.
Brand Attributes and Visibility
"Brand Attributes" indicates the trade brands, trademarks, service marks, logos, domain names, and other special brand attributes of each party, respectively, as possessed (or licensed) by such party from time to time.
Each group shall own all right, title and interest, incorporating without limitation all intellectual property rights, relevant to its Brand Features. Except to the limited degree specifically provided in this Agreement, neither party allows, nor shall the other party obtain, any right, title or interest (including, without limitation, any implied license) in or to any Brand Attributes of the other party. Matter to the terms and conditions of this Agreement, Developer grants to SoftPlanet and its associates a restricted, non-exclusive license throughout the term of this Agreement to exhibit Developer Brand Attributes, published by Developer to SoftPlanet, for use exclusively in correlation with the promotion and/or distribution of Developer's Product via the Market. Absolutely nothing in this Agreement gives the Developer a right to utilize any of SoftPlanet's trade names, trademarks, service marks, images, domain names, or other distinctive brand features.
Visibility. In extension to the license given in clause 6.b above, for the uses of marketing the existence of, and promotion and/or distribution and/or sale of the Developer's Product via the Market, SoftPlanet and its affiliates may entail Developer Brand Attributes, posted by Developer to SoftPlanet: (i) within the Market and in any SoftPlanet-owned online systems; (ii) in online or mobile communications outside of the Market when stated combined with additional Market Products, and (iii) in customer listings (which includes, without limitation, customer lists posted on SoftPlanet websites). In case Developer discontinues the advertising and distribution of specific Products via the Market, SoftPlanet will discontinue use of the discontinued Products' Brand Attributes for such marketing needs.
Your Takedowns. You could delete your Products from upcoming advertising or circulation via the Market at any time, but You must conform with this part of this Agreement. Removal your Products from upcoming promotion or distribution via the Market does not: (i) influence the license rights of users who have formerly bought or downloaded some Products, (ii) delete your Products from any part of the Market where formerly obtained or downloaded software programs are kept on behalf of users, or (iii) change your duty to deliver or maintain Products or services that have been formerly bought or downloaded by users.
Despite the foregoing, in no occasion will SoftPlanet keep on any share of the Market (such as, without limitation, the bit of the Market where previously bought or downloaded software are saved on behalf of users) any Product that You have detached from the Market and supplied written note to SoftPlanet that such removal was because of: (i) an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade outfit, patent or other intellectual property right of any individual, (ii) an allegation of calumny or actual defamation, (iii) an allegation of violation, or actual violation, of any third party's right of publicity or privacy, or (iv) an allegement or determination that such Product does not conform with applicable law.
SoftPlanet Takedowns. While SoftPlanet does not wish to, and does not perform, to observe the Products or their content material, if SoftPlanet is informed by You or otherwise gets aware and determines in its sole discreetness that a Product or any portion thence or your Brand Attributes: (i) breaches the intellectual property rights or any other rights of any third party; (ii) infringes any applicable law or is subject to an injunction; (iii) is pornographic, indecent or otherwise breaches SoftPlanet's hosting guidelines or other terms of servicing as may be updated by SoftPlanet from time to time in its sole discretion; (iv) is being distributed by You improperly; (v) may create liability for SoftPlanet; (vi) is considered by SoftPlanet to have a virus or is deemed to be malware, spyware or have an adverse influence on SoftPlanet's network; (vii) breaches the terms of this Agreement or (viii) the display of the Product is impacting the reliability of SoftPlanet servers, then SoftPlanet may delete the Product from the Market or re-classify the Product at its sole discretion.
SoftPlanet reserves the right to freeze and/or bar any Developer from the Market and/or eliminate this Agreement with an Developer at its sole discretion, by giving written notice to the Developer.
Your Developer Credentials
You consent that You are accountable for keeping the confidentiality of any Developer credentials that may be given to You by SoftPlanet or which You may opt for yourself and that You will be solely accountable for all software programs that are developed under your Developer credentials. SoftPlanet may restrict the number of Developer Accounts granted to You or to the business or organisation You stand for.
Privacy and Information
In order to constantly introduce and improve the Market, SoftPlanet may collect particular usage statistics from the Market, including but not limited to, data on how the Market is being used.
Terminating this Agreement
This Agreement will resume to apply until ended by either You or SoftPlanet as set out below.
If You wish to end this Agreement, You must provide SoftPlanet with thirty (30) days prior written notice and stop your use of any related Developer credentials.
SoftPlanet could at any time, end this Agreement with You with written notice if:
(i) You have broken any arrangement of this Agreement; or
(ii) SoftPlanet is forced to do so by law; or
(iii) You discontinue being a verified Developer; or
(iv) SoftPlanet chooses to no longer offer the Market; or
(v) pursuant to clause 7.d preceding; or
(vi) pursuant to any other related arrangement of this Agreement.
Product guarantees, disclaimer and limitation of liability
The Developer, as the copyright owner of the Product or commonly having the legal right to distribute the Product(s), is fully accountable for any problems or damage caused to any third party due to flaws in the Product. The Developer consents to compensate SoftPlanet for any demand or claim directed to SoftPlanet with respect to such defects.
Except in the case of Products being promoted in the Market (that is, re-directions to third party websites for the download/install of a Product), the Developer must supply SoftPlanet with the Product. In such occasion, for the prevention of suspect, the Product published to SoftPlanet must be the last and full version and The Developer must immediately provide SoftPlanet the latest Product versions, updates and revisions.
SoftPlanet will act as a promoter and, in the instance You wish to circulate your Product straightaway via the Market (that is, with no any re-direction from a SoftPlanet website to a third party site), distributor, of the Product on behalf of the Developer, via the Market.
The Developer must notify any third party about the proper use of the Product, any disclaimers, user instructions, and of any risks that could result from the correct or inaccurate use of the Product.
The Developer is completely accountable for any problems or damage caused to any third party (including legal costs) or any further costs related to any claim or demand by a third party (such as state Authorities or government authorities) causing to the ideal use of the Product. The Developer is entirely accountable for any breach of intellectual property laws.
The Developer will have no duty in connection to any potential demand, claim or breach stated by a third party when it is due to the carelessness, fault or repeated infringement by SoftPlanet of matters stated in the present Agreement.
SoftPlanet shall in no case be responsible for any indirect, certain or consequential problems arising out of or relating to the use of the Products.
The Developer shall cover, hold harmless and protect SoftPlanet versus any activity brought against SoftPlanet to the level that such activity is founded on a claim that any unmodified Product, when used in compliance with this Agreement, infringes any copyright or intellectual belongings right, and Developer shall pay all expenses, agreements and damages associated thereto.
If any Product is lastly regarded to so encroach, Developer shall, at its option, either: (i) secure for SoftPlanet the right to keep using and publishing the Product, or (ii) alter or substitute the Product to guarantee it does not conflict any intellectual property rights of third parties.
Section B. Specific Terms and Conditions Relating to the Use of the "SoftPlanet Ad Center" Service
means the entity whose advertisements (whether created by the institution or by a third party for the institution) are published by SoftPlanet in accordance with this contract.
indicates a user of the SoftPlanet business group.
indicates the online marketing model that the Advertiser has selected within the SoftPlanet Ad Center service to market a item or service in conformity with the criteria offered by the system.
indicates the period of sixty days taken from the invoice date.
indicates: (i) these terms and conditions relevant to the use of SoftPlanet Ad Center; (ii) any online piece of content or file related to these terms and conditions and the following documents, which make up the full contract as reference: (iii) policies; and (iv) and other doc that is asked for by the parties and is incorporated in the terms and conditions.
Date of acknowledgement
is either: (i) the date on which the client accepts this online agreement; or (ii) the indicated date of acceptance, where applicable, in the service.
indicates the date the parties have consented to end this contract, where appropriate, and the date on which all kinds of advertisements and promotions will stop to be used by the client.
indicates the service policies which can be reached at any time via SoftPlanet Ad Center.
indicates all websites held by the SoftPlanet Group.
SoftPlanet.com - a web-site held by Secure Download LTD., with headquarters based in Varna, Bulgaria.
Terms and Conditions
are the current advertising terms and conditions.
You or Client
means the entity that accepts this Agreement online.
SoftPlanet Ad Center
means the SoftPlanet online advertising service.
Purpose of the SoftPlanet Ad Center service
SoftPlanet will make fair efforts to publish the Client's commercials, in accordance with the online release options made available by SoftPlanet and chosen by the Client (the 'Service').
SoftPlanet may make modifications or launch new types of ads through the Service at any occasion. All new or current campaigns or advertisements, offered via the Service, are matter to this Agreement and SoftPlanet will make fair efforts to have advertisements available to you in the portal, as set up in i) the SoftPlanet Ad Center service, ii) the privacy policies and portal conditions of use and/or iii) within any other document indicated by SoftPlanet.
SoftPlanet does not ensure: i) the place, position or delivery time of any advertisement, ii) the amount of impressions, publications, conversions, downloads or clicks on any ad.
The Client is entirely accountable for: i) any key word used for advertisement placement, ii) of the creative content made use of in the advertisement, iii) of the websites on which the ad, key words or creative content are advised to users, iv) all advertised items and services (hereinafter, collectively 'Advertiser Content')
The Client is only liable for: i) carrying out any online campaigns or marketing techniques, ii) the production, adjustment, service and management of campaigns, advertisements and budgets thereof, iii) service access and administration through the Client's email address registered with SoftPlanet, regardless or not they are activities carried out by the Client or on behalf of the Client.
The Client gives SoftPlanet authorization to use a computerized system to maintain, retrieve and analyse the Advertiser Content to allow SoftPlanet to examine advertisement quality and to service ads.
Altering and rescheduling advertisements
SoftPlanet maintains the right to reject or pull any advertisement or promotion, without providing any explanation, at any time. SoftPlanet may also change the adverts to such a level that moderately complies with SoftPlanet requirements, methods, terms and conditions, policies and rules. Any other alteration may only be made with the Client's authorization.
Except if the service shows otherwise, either of the parties may cancel any advert, at any time. The Client may cancel the ad via the Client's account if the termination option is available. If this is not the case, cancellation may be made in writing to SoftPlanet, including by email.
Advertisements that have been cancelled will stop to be posted soon after cancellation thereof.
Whether straight or via third-party Authorization, the Client shall not: i) transgress or breach any technical requirements defined in this agreement or in any of the most latest SoftPlanet rules, policies or terms and conditions; ii) carry out any unlawful or deceptive action under the laws of the country or state in which the Client's advert is to be shown; iii) market or promote substances, services, products or content that break the applicable laws and restrictions of any country or state in which the Client's ads will be circulated or in any way transmitted; iv) use methods to obtain data in order to reach, collect or use information relevant to SoftPlanet advertising, or any other product or service that shows up on SoftPlanet's portal, except by reveal written Authorization by SoftPlanet; and v) use any technique to handle the service in a deceptive way or to attempt to avoid or violate any SoftPlanet security measure.
Charge and pricing program
The Client must select the maximum amount of funds to be spent on the advertising campaign (the 'Budget').
By specifying this Budget, the Client is not required to spend the entire Budget. The Client simply informs SoftPlanet that the previous does not wish to exceed the Budget. The Client is exclusively obliged to pay the incurred costs up to the amount of the Budget.
The Client will pay SoftPlanet in compliance with the price model suitable to the kind of ads chosen by the Client. The Client will choose the pay out method from those supplied within the Service. The Client must pay the sums (including VAT, where applicable, and any other due taxes or contributions) via the payment method agreed to between the parties.
If the instalments are not paid by their due date, SoftPlanet may charge interest at the legal late payment interest rate indicated in Bulgarian legislation, from the due date to the actual payment date, both before and after the ruling. SoftPlanet may modify its minimum prices, if appropriate, at any time, and notify the Client.
SoftPlanet will provide the Client with a protected password to access online information so that the Client may manage its campaigns.
Declarations and guarantees
The Client declares and guarantees that: i) The Client of SoftPlanet supplies information that is complete, accurate and up to date; ii) the Client holds all necessary rights to allow/provide SoftPlanet with the necessary rights to use, retain, store in cache memory, store, copy, change, reformat, reproduce, publish, display, transfer and distribute the Client's advertisements (hereinafter the 'use'); and iii) the use in accordance with this Agreement, and the internet site and/or linked landing pages to the Client's ads: a) do not breach or entail a breach within any applicable regulations or code of conduct, in Bulgaria or in any other country or state in which the advertisement is shown; b) does not breach any third-party commercial enterprise property or intellectual rights, nor does it contain any material that may be considered damaging, abusive, obscene, threatening or defamatory.
Each party resigns any right or share against the other party with regard to declarations and guarantees (be they written or spoken) relating to "SoftPlanet Ad Center" that are not expressly indicated within this Section of this Agreement. This clause is not limited or excluded to liability of either of the parties due to fraud or deceit.
All the SoftPlanet's subsidiaries, directors, managers and/or employees (hereinafter 'persons who may be indemnified') and Softplanet itself will be indemnified and defended by the Client when due to and faced with damages stemming from any claims, losses, liabilities, costs, damages and payable sums, in compliance with settlement agreements (including judicial sums of any kind and legal taxes) that anyone who may be indemnified could be involved in due to a breach by the Client of any of the clauses within this Section of this Agreement. These indemnification obligations will apply only if SoftPlanet i) notifies the Client of any claims; ii) provides the Client with sensible info and collaborates in defending the claim. The persons who may be remunerated could, at their discretion, join collectively in the defence, or directly assume the price of the defence by using lawyers that they choose themselves.
Adding to the constituted pointed payment responsibilities, the indemnity obligation and/or due to breach of privacy, and with regard to your use of the "SoftPlanet Ad Center" service, i) the liability of each party w relation to the other, occurring from an event or a series of chain events will be restricted to a maximum of the following amounts: a) the amount paid or to be paid by the Client to SoftPlanet in accordance with this Agreement in the three months instantly foregoing the month that the event occurred (or the first of a series of chain events) and b) $15,000 or their tantamount in euros on date that they should be paid; ii) neither of the parties will be contractually or non-contractually liable for (including for negligence of any kind) preliminary written agreement or other statements (varying from fraudulent to dishonest declarations) or other causes originating from or in relation to this Agreement, for financial losings (including but not limited to loss of financial gains, payments, written agreements, business or advanced savings); for any decrease in goodwill or reputation; or for any indirect damages that this Agreement causes, undergone or incurred by either of the parties and in relation to or as a consequence of the terms and conditions or of any characteristic of the Agreement, regardless of whether or not these damages were awaited by the parties at the time that every side entered the Agreement.
the time period of one year following the end of this Agreement, neither party may unveil secret information about the other party to third parties without the preliminary written permission (including via e-mail) of the other party, except by virtue of that outlined below. The Client is fully responsible for third-party use of any Client online account.
Confidential information is understood as i) Client passwords; ii) advertising prior to its publication; iii) terms and conditions of this Agreement; iv) any other information regarding the service or access to technology prior to its public release, provided by SoftPlanet to the Client and identified when revealed and in writing as confidential and/or in ownership; and v) the characteristics of the service that may not be accessed by the public and that are identified as 'beta'. Information that is public knowledge is not included where neither party was responsible for a breach or that was a) independently developed without access to 'confidential information' of the other party; b) legally acquired by a third party; or c) required for the purposes of law, judicial requirements or competent Authority.
If the Customer is an agent of the advertiser, the Client authorizes SoftPlanet to provide to any advertiser who may be a customer of the Client or to subsequent agents of the advertiser appointed by the advertiser, any access and rights to use information that is not related to invoicing regarding the advertiser's advertisements.
SoftPlanet may share the Client's secret information with: i) any agent of the advertiser appointed by the Client or the corresponding advertiser, where relevant; or ii) any holding company of the Client or any subsidiary of the Client or related group entity.
The Client acknowledges and accepts that any information in regards to accounts, credit cards, invoicing and/or payments that the Client provides to SoftPlanet will be shared by SoftPlanet with companies working on behalf of SoftPlanet entirely for the goals of carrying out credit checks, enable payments to SoftPlanet and/or service the Client's account.
Termination and cancellation of advertisements
Either party may end its relations with respect to the Service, and its agreement with one another relating to the Service will be deemed terminated, by providing 30 days advance written notice of termination to the other party.
However, when this Agreement ends: i) if the Client creates new campaigns or continues to use the Service in any other way, the previous responsibilities of this Agreement will remain in force as if the Agreement had not been ended (including, but not limited to, obligations to pay incurred charges related to the Service); ii) until advertisements are cancelled by the Client, the Client will continue to be bound by the responsibilities in this Agreement and will pay the incurred charges related to these advertisements; iii) the Client will assume the pending costs on the termination date; iv) each party will be obliged, upon request from the other, to return the "secret information" that may have been acquired from the other; and v) SoftPlanet may, at its discretion, disable or eliminate any Client account, ad or campaign in the Service.
Policies may be modified by SoftPlanet at any time to reflect changes that SoftPlanet makes to the Service, available to its Clients in general.
Section C. General Terms and Conditions
This Agreement constitutes the whole legal agreement between You/Client and SoftPlanet and governs your use of the "Your Software" and "SoftPlanet Ad Center" services, and completely replaces any prior agreements between You/Client and SoftPlanet in relation to the use of such Services.
You agree that if SoftPlanet does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which SoftPlanet has the benefit of under any applicable law), this will not be taken to be a formal waiver of SoftPlanet's rights and that those rights or remedies will still be available to SoftPlanet.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
This Agreement does not entail any relationship of forming a company, association or joint venture of any type or a contractual agency relationship for and/or due to whatever reason, and neither of the parties will have the Authority, ability or power to bind the other party or to contract or generate any liability in the other party's name, in no case and/or for no purpose.
You acknowledge and agree that each Affiliate of SoftPlanet shall be a third party beneficiary to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.
Export restrictions: Products on the Market, as defined in Section A above, may be subject to Bulgarian and EU export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to your distribution or use of Products. These laws include restrictions on destinations, users and end use.
This Agreement, and your relationship with SoftPlanet under this Agreement, shall be governed by the laws of the Bulgaria without regard to its conflict of laws provisions. You and SoftPlanet agree to submit to the exclusive jurisdiction of the courts of the city of Barcelona to resolve any legal matter arising from this Agreement. Notwithstanding this, You agree that SoftPlanet shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Notwithstanding payment obligations, neither of the parties will be held responsible for the breach or delay in complying with any obligations established in this Agreement if the breach or delay is due to circumstances beyond their control, including but not limited to, cases of force majeure, war, terrorism, disturbances or industrial conflicts.
The parties will only have the right to assign or transfer rights and/or obligations arising from this Agreement after express written consent from the other party (this consent may not be denied or delayed without just cause). Notwithstanding the aforementioned, SoftPlanet has the right to assign or transfer rights and obligations arising from this Agreement without the need for consent to a company of the SoftPlanet Group, pursuant to the 'group concept' established in the Bulgarian Code of Commerce, or to a purchaser of all or a substantial part of SoftPlanet's assets.
Term and termination.
This Agreement will commence on the date of its acceptance and will remain valid until it is terminated pursuant to the provisions set out above.
Changes to the Agreement
SoftPlanet may modify this Agreement at any time by sending You notice of the modifications made. Changes will not apply retroactively and generally will become effective 30 days following the date that the notification is sent. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If You don't agree to any modified terms, you will be required to unsubscribe from the SoftPlanet Developer Center, thereby deemed to be a termination of this Agreement.
Address: 42 Mois Levi street, 2nd floor, Office #4
Tel. +1 (800) 725 1261
Secure Download Ltd.