EULA

This EULA is a legal agreement between you and the developers of the Fake Shop Detector (Österreichisches Institut für angewandte Telekommunikation ÖIAT, AIT Austrian Institute of Technology GmbH and X-Net Services GmbH) as the licensor (referred to as "we", "us") of the Fake Shop Detector and related materials including manuals and documentation, data files created from this software, updates or upgrades provided by us, collectively referred to herein as the "Fake Shop Detector".

1. Introduction

1.1 The Fake Shop Detector is licensed to you subject to the terms of this EULA, which will be shown to you during the download and installation of the Fake Shop Detector - whether in the form of a plugin, app or website. In order to use the Fake Shop Detector, you must first agree to this EULA when activating the Software (see 2). You may not use the Fake Shop Detector if you do not accept this EULA.

1.2 The Fake Shop Detector is licensed to you for non-commercial or scientific purposes only (see 3.1). If you wish to use the Fake Shop Detector commercially or for commercial purposes with or for third parties, please contact us using the contact information provided at the end of this EULA.

1.3 The Fake-Shop Detector plugin has a plugin cache of websites/online shops, which is regularly updated from third-party sources such as Watchlist Internet, trusted cooperation partners of the Fake-Shop Detector, and the Fake-Shop Detector's own database, which is maintained manually. The Fake Shop Detector plugin informs you when you visit websites whether they are classified in the Fake Shop Detector database as either fake or dubious, or as trustworthy.

1.4 If you visit a website that is unknown to the Fake Shop Detector database and the local cache, the plugin - if activated - transmits the internet address of the unknown/non-categorised website to a central component of the Fake Shop Detector based on artificial intelligence methods, which performs a risk assessment and displays the result in the Fake Shop Detector plugin. Apart from this data transfer, the Fake Shop Detector does not analyse, transmit or process your surfing behaviour. The Fake-Shop Detector does not analyse, transmit or process any personal data, apart from the technically necessary data such as IP address and browser ID. Further personal data is only processed if you contact us. For details, please refer to our privacy policy, which forms an integral part of this EULA.

1.5 The Fake Shop Detector is for information purposes only and the decision to remain on a website and, if applicable, to enter into a commercial contract on that website is entirely your own (see sections 4 and 6). The Fake Shop Detector is a prototype and part of the results of funded research projects (see www.fakeshop.at/forschung/). We cannot guarantee that the Fake Shop Detector always works without errors and that the ratings are correct in all cases (see 6). If you find inconsistencies or errors, please inform us at feedback@fakeshop.at.

2. Consent to this EULA

2.1 After you have downloaded and installed Fake Shop Detector, you must accept this EULA by clicking "I accept the terms of the End User Licence Agreement" in order to use the software.

2.2 If you agree to this EULA on behalf of your employer or other legal entity, you represent your employer or other legal entity and warrant that you have the legal authority to bind your employer or such legal entity to this EULA. If you do not have the required authority, you must not accept the EULA and use Fake Shop Detector.

3. Scope of the licence

3.1 Subject to the terms and conditions of this EULA, we grant you a royalty-free, non-transferable, non-sublicensable and non-exclusive single browser licence to use the Fake Shop Detector for non-commercial or scientific purposes. The sale of the Fake Shop Detector to third parties or the provision of commercial services with it is not permitted.

3.2 You acknowledge that we own all legal rights, titles and interest in the Fake Shop Detector, including all Intellectual Property Rights. "Intellectual Property Rights" includes all rights under patent law, copyright law, trade secret law, trademark law and all other possible proprietary rights. We reserve all rights not expressly granted to you.

3.3 This EULA does not grant permission to use any trade name, trademark, service mark or our name except as necessary for reasonable and customary use in describing the origin of the Work.

3.4 You agree that you will not remove or obscure any proprietary rights notices (including copyright and trademark notices). or alter or attempt to circumvent any security code that may be affixed to or contained within the Fake Shop Detector.

4. Using the Fake Shop Detector

4.1 You agree that you are solely responsible for all consequences of your use of the Fake Shop Detector (and that we have no responsibility to you or to any third party), including any resulting actions, data, content or resources you use, transmit or display, and the consequences of such actions (e.g. online shopping on the Websites).

4.2 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this EULA, any act or omission by you as a result of being assessed by the Fake Shop Detector, or for your compliance with any applicable law or regulation, and for the consequences of any such act, omission or breach.

4.3 You are not authorised to access the Fake Shop Detector by any automated means, including scraping, crawling, data mining or the use of any robot, spider or other automatic device to send any query, which is excluded from the use of the Fake Shop Detector Plugin. You agree not to damage, modify or interfere with the performance of the Fake Shop Detector in any way. You agree not to interfere with or disrupt the use of the Fake Shop Detector by others. You further agree not to alter or falsify any information or materials in connection with the Fake-Shop Detector.

4.4 In order to improve and develop Fake Shop Detector, we may automatically download and install updates and upgrades from time to time. In addition, your browser will regularly check for updates for all your extensions/plugins, including the Fake Shop Detector. These updates and upgrades are solely for the purpose of improving the Fake Shop Detector, providing enhanced functionality and/or incorporating new modules and versions that will not affect your device. You hereby agree to receive such updates and upgrades as part of your use of the Fake-Shop Detector, and therefore in accordance with the terms of this Agreement. If we believe that such updates or upgrades materially affect your use of the Fake-Shop Detector, we will use our best efforts to notify you.

5. Application by third parties

5.1 If you use the Fake Shop Detector to work with applications developed by third parties or to access data, content or resources provided by third parties, you agree that we are not responsible for such applications, data, content or resources. You acknowledge that any data, content or resources that you may access through such third party applications are the sole responsibility of the person from whom they originated and that we will not be liable for any loss or damage that you may suffer as a result of using or accessing such third party applications, data, content or resources.

6. Limitation of warranty and liability

6.1 We expressly point out that software can never be completely error-free. We therefore do not warrant that the Software will meet all your requirements and purposes unless expressly stated in the Contract. Furthermore, we do not warrant that the Software will be compatible with other programs used/selected by you or that the Software will operate uninterruptedly and without error or that all software errors can be corrected. The Fake Shop Detector under this EULA is provided on an "AS IS" and "AS AVAILABLE" basis and without warranties of any kind, including without limitation merchantability, fitness for a particular purpose, absence of defects or errors, accuracy and non-infringement of intellectual property rights. This disclaimer of warranties is an essential part of the EULA and a condition of the grant of rights to the Fake-Shop Detector.

6.2 You acknowledge that: (i) your access to and use of the Fake Shop Detector may be suspended for the duration of any unanticipated or unplanned failure or unavailability of any part or all of it for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we may, without any liability to you, suspend access to any part or all of it at any time (a) for scheduled downtime to allow us to perform maintenance or make changes to the Fake Shop Detector; or (b) in the event that we determine that it is necessary or advisable to do so for legal or regulatory reasons (collectively, "Service Interruptions").

6.3 The availability and functionality of the Fake Shop Detector depends on various factors such as software, hardware and communication networks provided by third parties. These components may not be free from faults. We therefore do not guarantee that the Fake Shop Detector will function without malfunction, error or interruption or that it will be accessible and available at all times or protected from errors or unauthorised access. We reserve the right to add additional features to the Fake Shop Detector or to provide updates, upgrades and program corrections.

We are not obliged to provide you with subsequent versions of the Fake Shop Detector.

6.4 Except in cases of wilful misconduct or damage directly caused to natural persons, in no event will we be liable for any direct or indirect (consequential), tangible or intangible damages of any kind arising out of this EULA or the use of the Fake Shop Detector, including without limitation damages for loss of goodwill, loss of work, computer failure or malfunction, loss of data or commercial damages, even if we have been advised of the mere possibility of such damages.

6.5 We endeavour to ensure that the Fake Shop Detector is free from viruses or other defects, except for those that are expressly listed. However, we cannot guarantee that the use of the Fake Shop Detector will not cause damage to the device you are using or that the Fake Shop Detector will not infringe the rights of third parties.

6.6 To the fullest extent permitted by law, you agree to indemnify, hold harmless and defend us, our affiliates and their respective officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, and any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) incurred or suffered as a result of (a) your use of the Fake Shop Detector, (b) any failure by you to comply with this EULA.

7. Termination

7.1 You can stop using the Fake Shop Detector at any time by uninstalling or deactivating the plugin in your browser settings.

7.2 This EULA and the licence contained herein shall terminate if you have breached any provision of this EULA, e.g. by reverse engineering the Fake Shop Detector.

7.3 In addition, we may terminate your use of the Fake Shop Detector at any time and may terminate this Agreement at any time by posting information on the www.fakeshop.at website. We reserve the right at any time to (i) discontinue or modify any aspect of Fake Shop Detector; or (ii) terminate this EULA and your use of Fake Shop Detector with or without cause, and shall have no liability to you or any third party for any of the foregoing. We will have no responsibility in relation to or in connection with the termination of the Fake Shop Detector or this EULA.

7.4 If this EULA terminates, all legal rights, obligations and liabilities that you and we have entered into, been subject to (or which have arisen over time during the term of this Licence Agreement) or which are expressly intended to continue indefinitely will not be affected by such termination. The provisions of Articles 4 and 6 shall continue to apply to such rights, obligations and liabilities indefinitely. You are obliged to delete the Fake Shop Detector Plugin from all devices and to provide us with written documentation signed by you upon request - and if you have entered into this EULA on behalf of a company, documentation signed by the legal representatives, that this has been done.

8. Miscellaneous

8.1 This document contains all the agreements made between you and us. There are no written or oral side agreements. No modification of or amendment to this Agreement, including any modification of or amendment to this provision, will be valid unless made by a written agreement duly signed by you and us.

8.2 Any dispute or claim arising out of or in connection with this Contract, including those relating to its validity, breach, termination or nullity, shall be finally settled under the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by an arbitrator appointed in accordance with these Rules. The provisions on expedited proceedings shall apply. The substantive law of the Republic of Austria shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods 1980.
 The language to be used in the arbitral proceedings shall be German or English.

8.3 You irrevocably waive any objection you may have at any time to the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna as the place of jurisdiction for the hearing and determination of proceedings and the settlement of disputes and agree not to assert that the courts in Vienna are not a proper or adequate forum.

8.4 If individual provisions of this EULA are or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions. In this case, the invalid or unenforceable provision shall be replaced by such valid/enforceable provision that comes as close as possible to the legal and economic purpose pursued by us with the invalid/unenforceable provision.

8.5 This EULA shall be governed in its entirety by the laws of the Republic of Austria to the exclusion of the legal norms referring to other legal systems. This shall also apply to legal disputes regarding the conclusion, binding effect, amendment and legal consequences of this agreement.