End User License Agreement

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This End-User License Agreement (hereinafter referred to as the “Agreement” and/or “EULA”) is a legally binding agreement between You, a person who is using the Service by way of the Portal and/or the Application (hereinafter referred to as the “User” or "You", and used in the possessive as “Your”) and KOAMTAC, governing the use of the Service, the Application, the Portal and the resources and materials available thereon.

KOAMTAC reserves the right to unilaterally amend, in whole or in part, the Agreement without prior notice. Any amendments to this Agreement shall take effect immediately, unless stated otherwise in the amended Agreement. By continuing to use the Service (including the Application and the Portal), You consent to such changes.

This Agreement comes into force when You begin using the Service (the Portal and/or the Application, including the installation thereof). By using the Service and/or installing and using the Application You indicate that you have read this Agreement, understand its terms, and agree to be bound by this Agreement and its terms.

If You disagree with the terms hereof, do not use the Service, do not install and use the Applications, do not use the Portal and all materials and resources available on the Portal. If the Application is already installed on your device, uninstall it immediately.

We explicitly have no intention to process personal data of minors (younger than 18 years old), unless they have consent from a parent or legal representative. Our products are for business and corporate needs. We therefore advise parents to be involved in the online activities of their children in order to prevent the processing of personal data of children without parental consent. If a child to whom we know to be under 18 sends personal data to us, we will use that data only to respond directly to child to inform him or her that we must have parental consent before receiving his or her personal data.

This Agreement may be available in different languages. There may be inconsistencies or differences in interpretation between the English version of the Agreement and the text of the Agreement made available in other languages. For the sake of uniformity and to avoid any ambiguity, the English version of this Agreement shall govern in all disputes, claims or proceedings to interpret, enforce or otherwise relating to the Agreement.

The English version of this Agreement is available at http://www.KOAMTACON.com/en/eula.

DEFINITIONS
1. KOAMTAC means:
  KOAMTAC, Inc., registered at 116 Village Boulevard, Suite 305, Princeton, NJ 08540, USA. Contact e-mail address: koamtacon@koamtac.com.
2. “Portal” means the website http://www.KOAMTACON.com/, including all materials and resources available on this website. The website makes it possible to view and edit Your database when the Application synchronization feature is enabled.
3. “Service” means the software-hardware complex that facilitates the operation of the KOAMTACON application software, including the following features: scanning and recognizing barcodes, magnetic strip reading, and RFID based transfer, and saving product and/or service related data to the database(s) associated with the Applications, access to the database(s) from the Portal and Applications, synchronization of data uploaded using the Portal and/or the Application and other services provided by KOAMTAC. The Service can be accessed using the Portal and/or the Application, which are both a part of the Service.
4. “Application” means the mobile application for devices running the Android operating system, Windows operating system, or the iOS operating system, including all built-in components and components provided via the Internet or other means, such as executable files, help files, demonstration files, example files and other types of files; libraries, databases, samples and accompanying materials, printed materials and other components of the Application. The Application enables users to recognize data related to products and/or services via barcode-based, magnetic strip-based and/or RFID-based reading means, save the same to the Application, and access a database by enabling synchronization.
5. “Registration” means the procedure whereby the User fills out the Registration Form and activates a Login and a Password (and may include the confirmation of an e-mail address). To use the Service, you must register and provide certain information about yourself. Registration is free. You can sign in to the Service from the Portal or install and start the Application.
6. “Registration Form” means a set of fields (User Name and Password) that the User must fill in to become a registered user of the Service.
7. “User Name and Password (user account)” means two unique strings that You provide during Registration on the Portal or in the Application, the Login being Your e-mail address. The combination of these two unique sets of characters identifies You on the Portal or in the Application. Some of the features of the Portal and the Application are not accessible to unregistered users.
8. “Profile” means the Service settings specific to each User that has completed the Registration. Your Profile becomes accessible to You after You enter Your Login and Password. Your Profile can be accessed on any page of the Portal by clicking Login on the Portal menu or by clicking Settings in the Application.
9. “User Data” means any data, information or materials uploaded or provided by You (or other persons authorized by You to use the Service) for use by the Service, except for Personal Data (any information relating to an identified or identifiable natural person) you may have uploaded when using the Service. For more details how KOAMTAC processes Your Personal Data, please refer to KOAMTAC Privacy Policy available https://www.KOAMTACON.com/privacy/. You bear sole responsibility for the accuracy, quality, completeness, legality, reliability, usability and non-infringement of intellectual property and usage rights of User Data and any other data provided by you to the Service. You shall comply with all applicable local, public, national and international laws, contracts and regulations, and shall bear sole responsibility for the violation thereof, in respect of User Data, including laws, contracts and regulations regarding copyright, confidentiality of data, international communication, and the transfer and dissemination of information, including without limitation technical and personal information.
  
  KOAMTAC reserves the right to set the standards of protection of User Data provided by You against unauthorized access and use. KOAMTAC may view User Data, but only to the extent this is necessary to provide the Service.
  
  You agree that You bear sole liability for any violations of legislation, international agreements or procedures in relation to any Personal Data, including personal or confidential information. You shall indemnify KOAMTAC and hold it harmless against all claims, legal proceedings, expenses, liabilities and damages, including attorney’s fees, related to or arising from User Data.
  
  In the event that User Data causes the Service to fail, leads to abnormal usage of computing resources or other exceptional cases related to the functionality of the Service, KOAMTAC may use User Data at any time and without limitations, but only for the purpose of improving the quality of service.
10. “Third Party Storage Provider” means any KOAMTAC-contracted third party entity utilized for cloud and related data storage activities.
11. "Intellectual Property Rights" means all intellectual and industrial property rights and includes rights to (i) inventions, discoveries, and letters patent including applications therefor, reissues thereof, and continuation and continuations in part; (ii) copyrights; (iii) designs and industrial designs; (iv) trademarks, service marks, trade dress and similar rights; (v) know-how, trade secrets and confidential information; (vi) integrated circuit topography rights and rights in mask works; and (vii) other proprietary rights.
12. “License” means the limited right to install and use the functionality of the Application under a revocable, non-exclusive license in accordance with the terms of this Agreement.
SUBJECT MATTER
1. This Agreement governs the use of the Service and any materials and resources available in the Service.
2. KOAMTAC may grant You the right to use the Service.
3. KOAMTAC reserves all rights to the Service and other Intellectual Property of KOAMTAC except for those that have been granted by revocable license to You hereunder. This Agreement does not grant you any rights to KOAMTAC trademarks.
4. Any use of the Service that is not in accordance with the terms of this Agreement or violates the terms of this Agreement is a violation of the Intellectual Property Rights of KOAMTAC and/or third parties and constitutes the basis for revoking the right to use the Service provided to you by this Agreement.
RESPONSIBILITIES OF THE PARTIES
1. KOAMTAC rights and obligations
  1. KOAMTAC reserves the right to change the services included in the Service, including the set of materials and resources available on the Portal and/or in the Application, and the functionality of the Service and/or the Application, at any time without providing prior notification to You.
  2. If KOAMTAC has reasons to believe that You are taking steps or intend to take steps that are in breach of paragraphs 3.2 or 3.3 of this Agreement; steps aimed at disrupting the operation of the Service; steps aimed at publishing information using the Portal or the Application that is in breach of this Agreement and/or applicable laws or information that discredits the KOAMTAC reputation; steps that otherwise cause damage to KOAMTAC or other users of the Portal, Service; or that You have asked other users to perform any of those steps, then KOAMTAC may, without giving any reasons, block Your access by blocking your User Name and Password (user account) and perform any or all of the following:
    1. refuse to accept any of Your User Data that You may attempt to upload to the Portal,
    2. block access to Your User Data, and
    3. delete any of Your User Data at any time.
  3. KOAMTAC or its Third Party Storage Provider may interrupt or permanently terminate the Service at any time without prior notice. Such interruption or termination may be caused including but not limited by maintenance work, by circumstances beyond the reasonable control of KOAMTAC, by crashes of software or hardware owned by third parties, or by actions of third parties aimed at interrupting or terminating the operation of the Service.
  4. KOAMTAC or its Third Party Storage Provider may restrict access to and use of the Service, including by way of restricting the time when data provided through the Portal or the Application may be used, the size of such data, the term of the storage of such data, the maximum number of uses, etc.
  5. KOAMTAC may place advertisements and other materials and information on the Portal and in the Application, provided such advertisements, materials and information are permitted by applicable legislation.
  6. KOAMTAC may send You e-mails (on Your e-mail address that You specified during Registration) containing product and company news, information about special offers, advices on product usage and other product and company-related information provided You consent to receive such information. You may remove Your e-mail address from the KOAMTAC mailing list at any time by clicking on the unsubscribe link located at the bottom of each email. You shall also receive from KOAMTAC e-mail messages with critical information related to the Service operation (password-related e-mails, service notifications etc.). You may not opt out of such administrative messages. For more details, please refer to KOAMTAC Privacy Policy available https://www.KOAMTACON.com/privacy/.
2. Your rights and obligations
  1. You may use the Service provided you do not violate the terms of this Agreement.
  2. You may register on the Service using the Portal or the Application in order to access features that become available after you sign in using the User Name and Password.
  3. After Registration, You may sign in to the Service using Your User Name and Password. You shall be solely responsible for the safekeeping of Your Password and for any actions performed under Your User Name. You shall immediately inform KOAMTAC of any instances of unauthorized access under Your User Name and Password.
  4. You warrant that You have all the necessary rights to transfer or upload User Data to the Service and that Your doing so does not breach any applicable laws, rights of personal data subjects and/or rights of a third party. You shall be fully liable for any such transfers and uploads and for any damage that may be caused to KOAMTAC and third parties by such transfers and uploads.
  5. You agree to bear responsibility for all of Your User Data, either made publicly available or transferred privately to another user or third parties.
  6. If You discover on the Portal any information that violates applicable laws or Your rights, information that You find offensive, information that discredits You or Your business reputation or is otherwise damaging to You, You may notify KOAMTAC about such information by writing to the Contact e-mail address. KOAMTAC will deal with this notification in accordance with the procedure set forth in accordance with the laws of Your country of residence.
  7. You may terminate Your relations with KOAMTAC at any time by stopping Your use of the Service and waiving your right to access the resources available on the Portal, or in the Application by signing out of your user account on the Portal and removing the Application from your device(s).
  8. You may delete your User Data and disable the synchronization feature.
  9. You bear all risks and responsibilities related to Your use of the Service.
  10. You agree that no money will be refunded to You even if You do not use the Service that You paid for, except cases when You have rights to a refund in accordance with the applicable agreement pertaining to usage of apps from the Google Play Store, Windows App Store, or the iTunes store.
3. Use of the Service
  1. You may not modify, decrypt, reverse compile, or reverse engineer the Application.
  2. You may not bypass the interface of the Service (including the use of the software in conjunction with other software and services) without an additional written agreement with KOAMTAC. You may use the Service, and results obtained through its use solely for lawful purposes. You may not, by yourself or through cooperation with others:
    1. copy the trade dress of the Service (the Portal and/or the Application) and any materials the copying of which is prohibited hereunder without written permission from KOAMTAC;
    2. upload, or publish in any other way, any materials which are illegal, harmful, threatening, offensive, or libelous; which infringe the copyright of a third party; which incite hatred and/or discrimination based on race, ethnicity, sex, or social status; which contain pornography; which violate the rights of a third party or incite others to violate the rights of a third party; which defame any persons or discredit their business reputation; which violate the rights of minors and/or are damaging to minors in any way; and any other similar materials;
    3. upload, or publish in any other way, materials which You are not allowed to make public by applicable laws or which violate applicable laws;
    4. upload viruses or any other harmful data which may in any way disrupt the operation of the Service;
    5. collect information and/or interact with the Service (the Portal and/or the Application) by means of automated scripts or software;
    6. use other users’ User Names and Passwords to sign in to the Service;
    7. collect and store personal data of other users of the Service in violation of applicable legislation;
    8. disrupt the normal operation of the Service (the Portal and/or the Application);
    9. register with the Service multiple times under multiple User Names.
    10. study or test the Service to determine the ideas and principles on which any element or component of the Service is based; disassemble, decompile (i.e. reproduce and transform the object code into source code) or otherwise attempt to derive the source code for the Service or any part thereof, the Portal and/or the Application except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law prohibits the restriction of such activities, any information so discovered must not be disclosed to third parties with the exception that such disclosure is required by law and such information must be promptly disclosed to KOAMTAC. All such information shall be deemed to be confidential and proprietary information of KOAMTAC.
    11. modify, adapt (including any changes for the purpose of enabling the Service, including the Portal and the Application, to run on Your hardware and software), making any changes to the object code of the Service and applications and databases contained in the Service other than those provided for by the Service.
    12. correct errors in the Service, the Portal and/or the Application, or translate the Service without the prior written consent of KOAMTAC.
    13. rent, lease, assign or transfer any rights granted to You by this Agreement and other rights related to the Portal and Service to any other person unless otherwise stipulated in a separate written agreement with KOAMTAC or a KOAMTAC Partner.
    14. remove, change or obscure any copyright, trademark or patent notices that appear on the Portal or its materials.
    15. provide opportunities to access or use the Service to persons or entities who do not have the right to use the Service, including without limitation other persons who were not authorized by You to use the Service or who use the same multi-user system or virtual environment with you, or who work with you via the internet.
USE OF THE APPLICATION
1. GRANT OF LICENSE
  1. In accordance with the terms and conditions of this Agreement, KOAMTAC grants you a limited non-exclusive license to install the Application and use the functionality of the Application subject to all restrictions and the License stipulated by or provided in this Agreement, the Service and/or a separate written agreement between You and KOAMTAC. All of the terms of this Agreement apply to the entire Service and to each and every component of the Service and to User documentation, with the exception of third-party technologies included in the Application. Such third-party technologies are governed by their own licenses. Any controversies or disputes regarding the scope of the License shall be settled in favor of limiting the scope of the License. Restrictions on Your use of the Application and the scope of Your License may include, but are not limited to, the following:
    1. Processing volumes. The amount of processing units that may be processed using the Application may be subject to various restrictions, such as restrictions on the number of processing units that may be processed during a specific period of time (such as a year or a month), or restrictions on the total amount of processing units that may be processed.
    2. Term. Use of the application may be restricted by a term. You may not use the Application after such term expires.
  2. You may use the Application worldwide.
2. LIMITED USE
  1. This Agreement contains all terms of use of the Application and all restrictions on such use unless otherwise specified in a separate written agreement between you and KOAMTAC that is a part of the accompanying documentation for the Application.
  2. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AND EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DOCUMENTATION, UPGRADES AND UPDATES IS BEING PROVIDED TO YOU “AS IS” AND KOAMTAC MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON-INFRINGEMENT IN RELATION TO USER DATA OR ANY OTHER DATA, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE SOFTWARE WILL CARRY NO ERRORS, MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE WILL FUNCTION PROPERLY WHEN USED IN CONJUNCTION WITH ANY OTHER SOFTWARE OR HARDWARE. KOAMTAC DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN BY USING THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU. FUTHERMORE KOAMTAC MAKES NO WARRANTIES FOR ANY THIRD-PARTY SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITHIN THE SOFTWARE. KOAMTAC DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN BY USING THE APPLICATION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION LIES WITH YOU. FUTHERMORE KOAMTAC MAKES NO WARRANTIES FOR ANY THIRD-PARTY SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITHIN THE APPLICATION.
3. Application Updates
  1. If an Application is labeled as an update (“Update”), you may use such Application only if you have a license for the previous version of the Application (the version which the Update is intended to upgrade).
  2. Any Application labeled as an Update replaces and/or supplements the product that makes you eligible to receive the Update.
  3. You agree that any obligations KOAMTAC may have regarding providing support for an updated product shall terminate when such update is released.
4. Additional limitations on the Application if purchased in the United States.
  1. Government Use. If sold or licensed to governmental entities, the Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
5. Export rules. You agree that You shall not export or re-export the Application in violation of any export provisions in the laws of the country in which the Application was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited under applicable laws from receiving the Application.
LIMITED LIABILITY
1. KOAMTAC shall not provide You with an Internet connection or with any hardware and software required to connect to the Internet, and KOAMTAC shall not be liable for the quality of Your Internet connection or the quality of the hardware and software that You use to access the Internet. KOAMTAC shall not be liable for any malfunction or other problems in telephone networks or services, computer systems, servers, providers, computer hardware, software, or telecoms equipment, or for any malfunction in the operation of e-mail services and scripts, howsoever caused.
2. You acknowledge that Your information will be transmitted over an insecure public computer network and that KOAMTAC shall not be liable for any loss of information transmitted in this manner.
3. KOAMTAC shall not be liable for any delay, malfunction, missed or late delivery, removal or loss of any User Data or other information.
4. KOAMTAC does not warrant that:
  1. the Service (including the Portal and/or the Application) meets Your requirements or is fit for any purposes other than the purposes stipulated in this Agreement;
  2. the materials available on the Portal and/or the Application and/or the results obtained through the use of the Service are accurate, complete or useful;
  3. the operation of the Service (including the Portal and/or the Application) will be continuous or uninterrupted or free from error;
  4. any data obtained through the use of the Service, or any information, materials or User Data published on the Portal and/or in the Application, any services or any hyperlinks will always be available on the Portal and/or in the Application;
  5. the quality of any product, service, data and anything else obtained through the use of the Service will meet Your expectations;
  6. all errors in the Service, including errors on the Portal and/or in the Application, will be fixed.
5. The Service, Portal and Application and all information they contain is provided “as is” and may include errors. Links to products, works and services of third parties are provided for Your reference only; such links do not indicate that KOAMTAC supports or recommends such products, works and services.
6. KOAMTAC may view User Data in connection to the use of the Service, but does not guarantee its authenticity, accuracy, completeness, compatibility and quality, or that the User Data will meet your requirements or expectations. KOAMTAC bears no responsibility for such information or materials, or for the actions of Users.
7. Under no circumstances will KOAMTAC be liable for User Data published by You and/or other users. KOAMTAC undertakes no obligations regarding the confidentiality of published User Data. KOAMTAC shall not be liable for any breach of this Agreement caused by an incorrect e-mail address provided during Registration and for possible disclosure to third parties of information from that occurs as the result of an incorrect e-mail address. When registering, please check that the e-mail address You are providing is correct.
8. IN NO EVENT WILL KOAMTAC BE LIABLE TO YOU FOR ANY DAMAGES, BUSINESS INTERRUPTION, LOSS OF USER DATA OR ANY OTHER DATA, CLAIMS OR COSTS WHATSOEVER, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOST REVENUE RESULTING FROM AND/OR RELATING TO THE USE OF THE SERVICE (INCLUDING THE PORTAL AND/OR THE APPLICATION), OR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS IN THE PORTAL WEBSITE AND/OR THE APPLICATION, EVEN IF AN KOAMTAC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. KOAMTAC SOLE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES, IF ANY.
9. FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. Some countries, states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by country, state or province.
OWNERSHIP
1. All product names are the trademarks or registered trademarks of their respective owners.
2. All KOAMTAC trademarks are the Intellectual Property of KOAMTAC and are provided only for reference. KOAMTAC does not grant You any rights to use these trademarks.
3. All of the third-party trademarks referred to in this Agreement, within the Service, or on the Portal are the intellectual property of their respective owners.
4. No rights to any KOAMTAC intellectual property (including the Service, Portal, Application and any KOAMTAC patents, trademarks, or copyrights) is transferred to You. You shall not, in any way, during or after the term of the Agreement, make any use of or claim any right to any name, logo, trademark, pattern, or design owned by KOAMTAC, or any name, logo, trademark, pattern, or design resembling them.
5. No rights to any of Your Intellectual Property is transferred to KOAMTAC.
6. The Service (including the Portal and/or the Applications) contains valuable trade secrets and confidential information belonging to KOAMTAC and third parties and is protected by trade secret and/or copyright laws, including, without limitation, by United States copyright law, international treaty provisions, and the applicable laws of the country in which it is being used or obtained.
7. All rights to the content that is not contained on the Service (including the Portal and/or the Applications), but may be accessible through the use of the Service (including the Portal and/or the Applications) are the property of their owners and may be protected by applicable copyright or other intellectual property laws and international treaties. This Agreement does not grant You any rights to such Intellectual Property.

LINKS TO THIRD-PARTY WEBSITES
1. For Your convenience, the Service may provide hyperlinks to third-party websites owned and maintained by legal and/or natural persons. KOAMTAC does not provide a warranty of any kind in respect of any website available by clicking on its respective hyperlink on the Portal and/or on the services. You understand and agree that KOAMTAC is in no way responsible for the content of such third-party websites. KOAMTAC does not make any recommendations as to the merits of such third-party websites nor advise You to make use of their content.
2. Any references to third-party products or services that may be published on the Portal and/or in the Application are provided only for Your convenience. Any mention of third-party products or services is for information purposes only. KOAMTAC makes no recommendations as to the merit of such third-party products or services.

GOVERNING LAW
1. Any disputes between the Parties regarding this Agreement shall be settled out of court through negotiation and exchange of correspondence. If the Parties fail to negotiate a settlement within sixty (60) days from the day a Party receives the complaint from the other Party, any party may initiate legal proceedings to resolve the dispute.
2. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America. With respect to any dispute which may arise in connection with this Agreement and/or Your use of the Service, You consent to the exclusive jurisdiction and venue of the federal and/or state courts in the state of New Jersey. For the avoidance of doubt if the right to use the Service was obtained in the United States, You obtained the right to use the Service from KOAMTAC.
3. Regardless of the jurisdiction and applicable law, this Agreement shall not be governed by any conflict of law roles or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
MISCELLANEOUS
1. You acknowledge that when You use the Service, data about Your use of the Service and/or resources is automatically provided to KOAMTAC and/or or its Third Party Storage Provider servers, including information on when your user account is active (the time when you sign in and the time when you sign out), some information about your system (browser type, operating system, screen resolution, access dates and times) and the history data of Your use of the Service. Such data does not include the content of User Data or any information that can be used to identify you.
2. You acknowledge that KOAMTAC and/or its Third Party Storage Provider may collect and process the User Data and your Personal Data, including the data You provided during Registration or when you started using the Service. You acknowledge that KOAMTAC may store, classify, clarify (update and change), distribute, depersonalize, block or destroy such data in accordance with the Privacy Policy available at https://www.KOAMTACON.com/privacy/.
3. You acknowledge that KOAMTAC may use User Data and your Personal Data for engineering, developing, maintaining and improving its products (including activities related to products maintenance and troubleshooting (e.g. bug fixing) as well as product management and development (e.g. new product features or versions), and for billing, statistical and analytical purposes.
4. KOAMTAC may assign its obligations under this Agreement provided that KOAMTAC provides You with advance notice of such assignment. Such third parties shall perform all obligations and observe all rights under this Agreement.
5. Unless otherwise stated in this Agreement, Service documentation or a separate written agreement between you and KOAMTAC, the term of this Agreement is not limited, but in any event is at least as long as the duration of the exclusive right to the Service, beginning on the date when You first indicate your consent to the terms of this Agreement as described above.
6. KOAMTAC may at any time and at its own discretion terminate this Agreement, including without limitation in the event you breach any provision of this Agreement. In the event of such termination, You shall destroy all copies of the Application, all components of the Application, remove the Application from Your devices and stop using the Portal and the Service.
7. You may contact KOAMTAC to remove any of Your data by sending a message to the Contact e-mail address koamtacon@koamtac.com.
8. In the event of lawsuits, claims or other proceedings arising out of Your use of the Service, You shall notify KOAMTAC of such claims or lawsuits within three (3) days from the day when You learned of such claims or lawsuits. Further, You shall make all reasonable efforts to aid KOAMTAC in defending itself against such lawsuits and/or claims and, within seven (7) days from request, provide KOAMTAC with information that may be necessary to defend against and/or settle such claims and/or lawsuits. You will also indemnify KOAMTAC from all such claims, suits or proceeding, and be responsible for all related costs, including attorney fees and costs, pre-suit and for the litigation or proceeding itself.
9. The following procedure shall be observed to resolve any dispute arising between You and KOAMTAC out of the use of the Service. If You have reasons to believe that Your rights and interests have been violated in connection with the use of the Service, You may send a complaint to KOAMTAC at the Contact e-mail address. KOAMTAC shall send a response to the complaint within twenty (20) working days of receipt of the complaint. The response shall be sent to Your e-mail address as indicated in the complaint. If the parties fail to resolve the dispute in this manner, the dispute shall be resolved as set forth in this Agreement. KOAMTAC shall not respond to anonymous complaints or complaints from users who cannot be identified based on the information they provided during Registration. KOAMTAC has no obligation to respond to complaints that are submitted without factual evidence and information that substantiate the complaint.
10. KOAMTAC reserves the right to invalidate Your User Name and Password (user account) and remove any of Your information from the Service in the event you violate the terms of this Agreement, applicable legislation and/or the rights and interests of KOAMTAC and third parties. KOAMTAC may stop providing the Service at any time without prior warning.
11. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the Agreement, which shall remain valid and enforceable according to its conditions.

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