TERMS OF USE

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND TORUS SOFTWARE SOLUTIONS, S.L.,OF SPANISH NATIONALITY, WITH REGISTERED OFFICE AT A CORUÑA (SPAIN), CALLE CANTÓN GRANDE 9, PROVIDED WITH TAX IDENTIFICATION NUMBER B‐70368907, DULY REPRESENTED BY MR. GUILLERMO LÓPEZ TABOADA, A COMPANY DULY ORGANIZED AND EXISTING UNDER THE LAWS OF SPAIN, REGISTERED IN THE COMMERCIAL REGISTER MAINTAINED BY THE MUNICIPAL COURT IN A CORUÑA. BY ASSENTING ELECTRONICALLY, INSTALLING OR USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, do not continue the installation process and delete or destroy all copies of the Software in your possession.

1. License

Torus Software Solution S.L. grants to you a non‐exclusive perpetual license to use the Software and the Documentation for so long as Torus Software Solution S.L. makes the Software available, provided that you agree to the terms and conditions of this agreement.

2. Permitted Use of the Software

You may install and use the Software on an unlimited number of computers. The Software must be used exclusively by you as an individual or members of your household solely for private commercial purposes ANY USE OF THE SOFTWARE OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS SECTION OR ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.

3. Upgrades and Updates

Upgrades and updates of the Software shall be provided to you by Torus Software Solution S.L. as long as and to the extent in which Torus Software Solution S.L. in its exclusive discretion makes such upgrades and updates available to the users of the free version of the Software.

4. Ownership Rights

The Software and Documentation is the intellectual property of Torus Software Solution S.L. and is protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Software is being used. The structure, organization and code of the Software are valuable trade secrets and confidential information of Torus Software Solution S.L.. To the extent you provide any comments or suggestions about the Software to Torus Software Solution S.L., Torus Software Solution S.L. shall have the right to retain and use any such comments or suggestions in our current or future products or services, without further compensation to you and without your approval of such retention or use.   Except asstated in this Agreement, your possession, installation and use of the Software does not grant you any rights or title to any intellectual property rights in the Software or Documentation. All rights to the Software and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by Torus Software Solution S.L..

5. Restrictions

You may not copy or use the Software or the Documentation. You may not remove any proprietary notices or labels on the Software; any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary noticesthat appear on and in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile or disassemble the Software or otherwise attempt to discover the source code of the Software or algorithms contained therein or create any derivative works from the Software. You are not permitted to use the Software in connection with the provision of any commercialservices which include processing or transferring the data of or for other persons or entities (“Data”), including cloud computing and “Software as a Service” solutions, providing storage capacities for Data; transmitting, routing of or providing connection to Data, or providing information search tool services. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other similar arrangement. You may not sell, publish, display, distribute, transform, improve or transfer to a third party not rent, lease, sub‐ license, or lend the Software or the Documentation or any portions thereof.

6. Disclaimers and Exclusion of Liability

Be aware that the Software may make changes to your computer. You acknowledge and agree to such changes to your computer that may occur as a result of your use of the Software TORUS SOFTWARE SOLUTIONS S.L. DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE REMEDY IN THIS SECTION STATES THE SOLE AND EXCLUSIVE REMEDIES FOR TORUS SOFTWARE SOLUTIONS S.L.`S BREACH OF WARRANTY. THE SOFTWARE IS PROVIDED “AS IS” AND TORUS SOFTWARE SOLUTIONS S.L. MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR JURISPRUDENCE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE AND ACCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL TORUS SOFTWARE SOLUTIONS S.L. BE LIABLE TO YOU FOR ANY DAMAGES, ESPECIALLY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR LOST DATA, EVEN IF TORUS SOFTWARE SOLUTIONS S.L. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE AND ACCEPT THAT IN NO CASE SHALL TORUS SOFTWARE SOLUTIONS S.L.`S LIABILITY FOR ANY DAMAGE EXCEED THE LESSER OF FIVE U.S. DOLLARS ($5.00) OR THE AMOUNT OF THE ONE YEAR LICENSE FEE FOR AVAST’S COMMERCIAL PRODUCT CLOSEST TO YOUR FREE VERSION OF THE SOFTWARE.

7. Privacy Processing of Personal Information

The Software collects certain information, which may include personally identifiable information, from the computer on which it is installed, which Torus Software solutions S.L. will not collect, transmit, store, disclose and analyse.

8. Export Regulations

You agree and accept that the Software and the Documentation may be subject to import and export laws of any country, including those of the United States (specifically the Export Administration Regulations (EAR)) and the European Union. If you transfer or export the Software, which in all cases must be done in accordance with this Agreement, you agree to and acknowledge that you are exclusively responsible for complying with all applicable laws and regulations, including but not limited to all United States and European Union trade sanctions and export regulations (including any activities relating to nuclear, chemical or biological materials or weapons, missiles or technology capable of mass destruction), regardless of the country in which you reside in or of which you are a citizen.

9. General

This Agreement is the entire agreement between you and Torus Software Solution S.L. relating to the Software and Documentation. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or Documentation. Notwithstanding the foregoing, nothing in this Agreement will diminish any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction that may not be waived by contract.   This Agreement will immediately terminate upon your breach of any obligation contained herein (especially your obligations in Sections 2, 5, 9). Torus Software Solution S.L. reserves the right to any other remedies available under law in the event your breach of this Agreement adversely affects Torus Software Solution S.L. The limitations of liability and disclaimers of warranty and damages contained herein shall survive termination of this Agreement. This Agreement may be modified by the Documentation. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Torus Software Solution S.L.. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Law & Jurisdiction

This Agreement shall be governed by, and construed in accordance with the laws of Spain (without regard to its conflicts of law principles) and govern all matters arising out of or relating to this Agreement. The parties disclaim the application of the Uniform Computer Information Transactions Act (UCITA) and the United Nations Convention on Contracts for the International Sale of Goods. The jurisdictional venue for any proceedings involving this Agreement shall be A Coruña, Spain If you have any questions regarding this Agreement or wish to request any information from Torus Software Solution S.L., please write to Torus Software Solution S.L. Ronda de Outeiro nº68, 1ºB, 15009, A Coruña, Spain, e‐mail: info@torusware.com, tel.: +34981978286 or visit our web page at www.torusware.com.