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EULA

END USER LICENSING AGREEMENT (“EULA”) for Fake-Shop Detector

IMPORTANT: READ THIS AGREEMENT BEFORE USING THE SOFTWARE. DOWNLOADING OR USING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

This EULA is a legal agreement between you and the developers of Fake-Shop detector (Österreichischen Institut für angewandte Telekommunikation, AIT Austrian Institute of Technology GmbH and X-Net Services GmbH), as the licensor (referred as “we”, “us”) of Fake-Shop Detector and related materials including manuals and documentation, data files created by it, updates or upgrades provided by us, which shall collectively referred to as the “Fake-Shop Detector”.

 

1. Introduction

1.1. Fake-Shop Detector is licensed to you subject to the terms of this EULA that will be presented to you during the process of downloading and installing the Fake-Shop Detector plugin. In order to use the Fake-Shop Detector, you must first agree to this EULA during the process of activating it (see 2). You may not use the Fake-Shop Detector if you do not accept this EULA.

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

1.3. Fake-Shop Detector plugin maintains a plugin cache of websites/online-shops which is regularly updated from third party sources such as the Watchlist Internet, trustworthy third-party cooperation partners of the Fake-Shop Detector or the Fake-Shop Detectors own database which is manually currated. Fake-Shop Detector plugin will inform you in case you visit websites that are registered in the Fake-Shop Detector database as fraudulent or trustworthy.

1.4. If you visit a website unknown to the Fake-Shop Detector database and local cache the plugin will – if activated – transmit the URL of the unknown/uncategorized website to a central Fake-Shop Detector KI which computes a risk assessment to present in the Fake-Shop Detector plugin. Apart from this data transmission, Fake-Shop Detector does not analyze, transmit or process your internet surfing behavior. Fake-Shop Detector does not analyze, transmit or process any personal data despite technical needed data like IP address and browser identification. Additional personal data is only processed, if you contact us. Please see our privacy police for details which form an integral part of this EULA.

1.5. Fake-Shop Detector is for information use only and the decision to stay on a site and/or conduct a commercial contract on that site is exclusively your own decision (see paragraph 4 and 6). Fake-Shop Detector is a prototype and part of the results of the funded research projects MAL2 and SINBAD (see https://www.fakeshop.at/forschung/). Therefore, we do not guarantee for Fake-Shop Detector to be error free or that the results/assessments are correct (see 6). Should you notice any inconsistencies or errors please inform us under feedbackfakeshopat.

 

2. Accepting this EULA

2.1. You can accept this EULA by either clicking "I accept the terms of the end-user license agreement" after by downloading and installing Fake-Shop Detector plugin in your browser or simply by using it. In the latter case, you agree that the use of Fake-Shop Detector constitutes acceptance of the EULA from that point onward.

2.2. If you are agreeing to be bound by this EULA on behalf of your employer or other entity you represent your employer or other entity and warrant that you have full legal authority to bind your employer or such entity to this EULA. If you do not have the requisite authority, you may not accept the EULA.

 

3. License Scope

3.1. Subject to the terms of this EULA we grant you a royalty-free, non-assignable, non-sublicenseable and non-exclusive single browser license to use Fake-Shop Detector for non-commercial or scientific purposes meaning, the selling of Fake-Shop Detector to a third party or the performing of commercial services with it is prohibited.

3.2. You agree that we own all legal right, title and interest to Fake-Shop Detector, including all Intellectual Property Rights that exist in it. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. We reserve all rights not expressly granted to you.

3.3. This EULA does not grant permission to use the trade names, trademarks, service marks, or our names ,  except  as required for  reasonable and  customary use  in  describing  the  origin  of  the  Work.

3.4. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) or try to bypass the safety device code that may be affixed to or contained within Fake-Shop Detector.

 

4. Use of Fake-Shop Detector by you

4.1. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any action, data, content, or resources that you use, transmit or display through or because of Fake-Shop Detector as well as for the consequences of such actions (i.e. online shopping on the websites) by doing so.

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 acts or omission done because of the assessment of Fake-Shop Detector, or the upholding of any applicable law or regulation, and for the consequences of any such action, omission or breach.

4.3. You may not attempt to access Fake-Shop Detector by any automated means, including scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries exempt by using the Fake-Shop Detector plugin. You agree not to disrupt, disable, overburden, damage, modify or interfere with Fake-Shop Detector or otherwise impair or degrade its performance in any way. You agree not to impede or interfere with others’ use of Fake-Shop Detector. You further agree not to alter or tamper with any information or materials on or associated with it.

4.4. In order to enhance and further develop Fake-Shop Detector we may automatically download and install updates and upgrades from time to time. In addition, your browser periodically checks for updates of all your extensions/plugins including Fake-Shop Detector. These updates and upgrades are designed solely to improve Fake-Shop Detector, provide enhanced functionalities, and/or embed new modules and versions which will not affect your device in any way. You hereby agree to receive such updates and upgrades as part of your use of Fake-Shop Detector. In the event we believe that such updates or upgrades shall materially affect your use of Fake-Shop Detector, we will make best efforts to notify you.

 

5. Third Party Application

5.1. If you use Fake-Shop Detector to run with applications developed by a third party or access data, content or resources provided by a third party, you agree that we are not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that we are not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources.

5.2. Fake-Shop Detector is a prototype, which use by you is granted royalty-free and therefore we make no representation that it is cleared for marketing in Austria or internationally.

 

6. Limitation of warranty and liability

6.1. Fake-Shop Detector is a work in progress, which is continuously improved by numerous Contributors. It is not a finished work and may therefore contain defects or ‘bugs’ inherent to this type of development. For the above reason, Fake-Shop Detector is provided under this EULA on an "AS IS" and "AS AVAILABLE" basis and without warranties of any kind concerning it, including without limitation merchantability, fitness for a particular purpose, absence of defects or errors, accuracy, non-infringement of intellectual property rights. This disclaimer of warranty is an essential part of the EULA and a condition for the grant of any rights to Fake-Shop Detector.

6.2. You acknowledge that: (i) your access to and use of Fake-Shop Detector may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of it for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall be entitled, without any liability to you, to suspend access to any portion or all of it at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to Fake-Shop Detector; or (b) in the event that we determine that Fake-Shop Detector is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Services Interruptions").

6.3. The availability and functionality of Fake-Shop Detector depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. We do not warrant that Fake-Shop Detector will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access. We reserve the right to add additional features to Fake-Shop Detector or to provide updates, upgrades or programming fixes; we have no obligation to make available to you any subsequent versions of Fake-Shop Detector.

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

6.5. We will try to ensure that Fake-Shop Detector is free from viruses or defects except those listed expressly in it; however, we cannot guarantee that the use of the Fake-Shop Detector will not cause damage to the end device that is used by you or that Fake-Shop Detector does not infringe the rights of third parties.

6.6. To the maximum extent permitted by law, you agree to defend, indemnify and hold us harmless, our affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) your use of Fake-Shop Detector, (b) any non-compliance by you with this EULA.

 

7. Termination

7.1. At any time, you may stop to use Fake-Shop Detector or related service by uninstalling or disabling the plugin through your browser’s settings.

7.2. This EULA and the license provided therein will terminate, if you have breached any provision of this EULA e.g. the reverse engineering of Fake-Shop Detector.

7.3. Furthermore, we can discontinue the use of Fake-Shop Detector and terminate this agreement at any time through information on its website www.fakeshop.at. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Fake-Shop Detector; or (ii) terminate this EULA and your use of Fake-Shop Detector with or without cause, and shall not be liable to you or any third party for any of the foregoing. We do not assume any responsibility with respect to, or in connection with, the termination of  Fake-Shop Detector or this EULA.

7.4. When this EULA comes to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time while this License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Article 4 and 6 shall continue to apply to such rights, obligations and liabilities indefinitely. You are obliged to delete Fake-Shop Detector plugin from any and all devices and if so asked, provide us with a written documentation signed by you – and in case you have entered this EULA in the name of a company, signed by the legal representatives - to have done so.

 

8. Miscellaneous

8.1. This document comprises any and all agreements entered into by you and us. There are no written or oral ancillary agreements. Modifications of or amendments to this agreement shall only be valid, including modifications of or amendments to this provision, if implemented by written agreement duly signed by you and us.

8.2. All disputes or claims arising out of or in connection with this contract including disputes 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 one or three arbitrators appointed in accordance with the said Rules. The provisions on expedited proceedings are applicable. The number of arbitrators shall be one. The substantive law of Austria shall be applicable under exclusion of the United Nations Convention on Contracts for the International Sale of goods, 1980. The language to be used in the arbitral proceedings shall be English.

8.3. You irrevocably waive any objection which you might at any time have towards the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna, being nominated as the forum to hear and determine any proceedings and to settle any disputes and agree not to claim that the courts of Vienna are not convenient or appropriate forum.

8.4. Should any provisions of this EULA be or become wholly or partly invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions. In this event, the invalid or unenforceable provision shall be substituted by such valid/enforceable provision, which comes as close as possible to the legal and economic purposes pursued by us with such invalid/unenforceable provision.

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

 

Contact data:

Österreichischen Institut für angewandte Telekommunikation
Ungargasse 64-66/3/404, 1030 Wien
[email protected], +43 1 595 21 12

AIT Austrian Institute of Technology GmbH
Giefinggasse 4, 1210 Wien
[email protected], +43 50550-0

X-Net Services GmbH
Spittelwiese 15, 4020 Linz
[email protected], +43 732 773142-0)