End-User License Agreement (EULA)
Important! Read the following terms carefully before installing, copying and/or otherwise using Octonus products (hereinafter referred to as "the SOFTWARE"). Installing, copying or otherwise using the SOFTWARE indicates Your acceptance of these terms.
This End-User License Agreement (hereinafter referred to as the "EULA") is a legal agreement between You, the end user, who obtained or is using the SOFTWARE, on the one hand and Octonus Company, on the other.
This EULA comes into effect when You demonstrate Your consent to be bound by its terms by selecting the "I accept the terms of the license agreement" button followed by selecting the "Next" button and installing the SOFTWARE, or when You install, copy or start using the SOFTWARE in any manner. Any such act is deemed to demonstrate Your acknowledgment that You have read this EULA, that You understand it and agree to be bound by its terms. If You do not agree to the terms of this EULA, do not use the SOFTWARE and disable, remove it from Your system, and destroy any copies of the SOFTWARE in Your possession. This EULA is binding for the entire period that You use the SOFTWARE unless otherwise stated in this EULA or in a separate written agreement with Octonus.
The SOFTWARE is protected by copyright laws and international treaty provisions and some portions are protected by patent and trade secret laws. The SOFTWARE is licensed to You under this EULA, not sold to You and You have no right to completely or partially reproduce, duplicate, copy the SOFTWARE, resell it to third parties, or make it freely accessible, without prior written consent of Octonus. You agree that this EULA is enforceable like any written negotiated agreement signed by You. This EULA is enforceable against You.
If a separate written agreement with regard to the SOFTWARE has been concluded with Octonus, then, in the event of any discrepancy between that agreement and this EULA, the terms of the separate agreement shall prevail over any inconsistent term in this EULA. Any terms and conditions contained in Your purchase orders or other documents shall not modify this EULA or expand Octonus’s obligations hereunder. The EULA may be available in different languages. There may be inconsistencies or differences in interpretation between the English version of the EULA and those EULAs made available in other languages. For the sake of uniformity and to avoid any ambiguity, the English version of the EULA shall govern in all disputes, claims or proceedings to interpret, enforce or otherwise relating to the EULA.
Definitions
"Octonus" means:
Octonus Finland Oy company, registered at Hermiankatu 8D, Tampere, 33720, Finland, when article 11.1 of this EULA applies;
Octonus Software Ltd. company, OGRN 1067746447350, registered at Russia 119435, Moscow, Bol'shoy Savvinskiy Pereulok, 12, building 16, 4th floor, placement XXVII, room 38, when article 11.2 of this EULA applies;
Octonus Techno Ltd. company, OGRN 1087746349734, registered at Russia 119435, Moscow, Bol'shoy Savvinskiy Pereulok, 12, building 16, 4th floor, placement XXVII, room 38(part), when article 11.2 of this EULA applies;
"Octonus Partner" means an entity or individual that is authorized by Octonus to resell and distribute licensed copies of the SOFTWARE to End Users, either directly or through one or more sub-resellers or sub-distributors. However, Octonus Partner shall have no right to make copies of the SOFTWARE or reproduce the SOFTWARE.
"Computer" means a specific physical device or virtual machine that may consist of one or more CPU (central processing unit) cores and running a specified operating system. Any changes to the configuration or composition of the Computer could result in the Computer being treated as a different Computer for licensing purposes.
"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.
"License" means the non-exclusive, non-transferrable, limited right granted to You by Octonus to install and use the functionality of the SOFTWARE in accordance with the terms and conditions of this EULA and does not include any right to completely or partially reproduce, duplicate, copy the SOFTWARE, resell it to third parties, or make it freely accessible to the persons not authorised under this EULA or  by any separate written agreement between you and Octonus. 
"SOFTWARE" means Octonus products including any and all of the software components embedded in it or made available online or in other ways, including, but not limited to, executable, help, demo, sample, and other files; libraries, databases, samples, associated media (images, photos, animations, audio components, video components, music, etc.), printed materials, and other software components from the following list:

  1. Helium Polish Carbon

  2. Carbon Terminal 

  3. Carbon Terminal – Smart Recut

  4. Carbon Terminal – Smart AnyCut

  5. Carbon Terminal – Combo

  6. Helium Polish 5.5 Digital, Helium Polish 11 Digital, Helium Polish 22.5 Digital, Helium Polish 45 Digital

  7. Helium Polish 8.5 Digital, Helium Polish 17 Digital, Helium Polish 34 Digital

  8. Helium Rough

  9. Helium Tender 

  10. Pacor Client

  11. Helium Polish Oxygen (HPO Terminal)

  12. Oxygen Client

  13. Mbox 1.0, Mbox 1.5, Mbox 2.0, Mbox 3.0 X16

  14. DM X-Ray

  15. DMServer 

  16. DALS

  17. DM Gold

  18. Octonus Stereo Viewer

  19. Oxygen Immersion

  20. Carbon Immersion

  21. Helium IG 8.5, Helium IG 16.5, Helium IG 25, Helium IG 36, Helium IG 48

  22. Helium IG 32,

  23. Helium IG Client 8.5, Helium IG Client 16.5, Helium IG Client 25, Helium IG Client 36, Helium IG Client 48

  24. Smart Recut

  25. Smart AnyCut

  26. Oxygen DZ+, Oxygen DZ Lite

  27. Carbon DZ+, Carbon DZ Lite

  28. Galahad Compass

  29. DiBox

  30. DiBox 2.0

  31. ViBox

  32. Diamcalc

 
"Related Know-How" means and includes certain know-how and trade secrets useful in connection with the Software.
"Station" means a part of the SOFTWARE, that can be installed as a separate SOFTWARE application, or as a thin browser-based client, or as a mobile app, and solves one or more tasks constituting the functionality of the SOFTWARE.
"You" or "End User" refer to and include any person and/or any entity that obtained this SOFTWARE for his/her or its own use and not for purposes of further resale and any actual user of the SOFTWARE.
1. License Grant
1.1 Subject to the terms and conditions of this EULA, Octonus grants to You a limited, non-exclusive, non-transferrable License to install and use the functionality of the SOFTWARE subject to all restrictions (limitations) and the scope of the License as may be provided by, this EULA, the software and/or hardware license keys provided by Octonus ("License Key"), the SOFTWARE, and/or a separate written agreement between You and Octonus or an Octonus Partner, and/or the documentation accompanying the purchase. In this case, the separate written agreement between You and the Octonus Partner may not exceed the scope of the license granted and restrictions specified in this EULA and/or in the separate agreement with Octonus, and/or impose additional duties on Octonus. The Octonus Partner’s documentation accompanying the purchase of the SOFTWARE may not contradict the terms of the EULA, the separate agreement with Octonus and Octonus’s written instruments concerning the terms of use and/or purchase of the SOFTWARE.
All of the provisions stated herein apply to both the SOFTWARE as a whole and to all of its separate components and end-user documentation with the exception of the third party software included in the SOFTWARE, which is covered by its own license terms as specified in article 10. Any issue with respect to the scope of Your License shall be construed in favour of the restrictions on the scope of Your License. Restrictions on Your use of the SOFTWARE and the scope of Your License may include, but are not limited to, the following:
1.1.1. Number of Stations. The types of Stations and permitted number of their installations may be limited.
1.1.2 Duration. Use of the SOFTWARE may be limited to a specific period of time, and the SOFTWARE may not be used after the expiration of such time period.
1.1.3 If You licensed the SOFTWARE on a subscription basis, Your rights to use the SOFTWARE are limited to the subscription period. After the expiration of Your subscription period, the functionality of the SOFTWARE will be no longer available until You make a payment to extend Your subscription period. You may extend Your subscription period at any time during the subscription period. If You extend Your subscription period, you may continue using the SOFTWARE until the end of Your extended subscription period.
Additional terms and conditions of use of the SOFTWARE on a subscription basis may be set forth in a separate agreement between You and Octonus or an Octonus Partner, which you shall accept before obtaining (purchasing) the SOFTWARE on a subscription basis.
1.1.4 Features, Add-ons, and Custom Components. The use of particular features, add-ons, and/or custom components of the SOFTWARE may be limited by License Key and/or written agreement between You and Octonus or an Octonus Partner, and/or the documentation accompanying the purchase.
1.1.5 Processing Power. The number of CPU (central processing unit) cores of the Computers which can be utilized by the SOFTWARE may be limited by License Key and/or written agreement between You and Octonus or an Octonus Partner, and/or the documentation accompanying the purchase.                                                
1.2 All rights not expressly granted to You by the EULA are reserved by Octonus. This EULA does not grant You any rights in connection with any Intellectual Property Right including but not limited to copyright, patent or trademarks of Octonus.
1.3 If Article 11.2 applies and You are a natural person, You may use the SOFTWARE worldwide. If You are an entity, You can obtain (purchase) the SOFTWARE in the countries listed in the Article 11.2. only if You or Your branch and/or representative offices are registered in these countries, unless otherwise agreed in a separate written agreement between You and Octonus. The employees of the entity or of its branch and representative offices may use the SOFTWARE worldwide, provided the SOFTWARE has been obtained and installed in the country where the entity or its branch and representative offices are registered.                                                                                                                              
1.4. Any use of the SOFTWARE or its component parts outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of Octonus’s and/or third parties’ Intellectual Property Rights and shall give cause for the revocation of all rights to use the SOFTWARE granted to You under this EULA.
1.5 If You deploy or use the SOFTWARE in a virtual environment, including, without limitation, by means of VMware, Citrix or ghosting, the access to or use of the SOFTWARE may in no way exceed the restrictions on the SOFTWARE, or the scope of the License that has been granted. For instance, one and the same License Key may not be used to permit use or access to the SOFTWARE in a virtual environment by a number of Computers that is greater than the number of Computers for which a License has been properly obtained, nor may the SOFTWARE be used to process more than the total number of pages that has been permitted.
1.6 If You use the SOFTWARE by means of a Web browser, You may simultaneously access the SOFTWARE by as many stations as permitted by the scope of Your License and specified in the License Key.
1.7 You may receive the SOFTWARE on more than one medium (multiple-media SOFTWARE), including downloads over the Internet. Regardless of the quantity or type of media You receive, You are only licensed to use the SOFTWARE in accordance with the scope of Your License. Medium/mode of delivery shall in no way, change the nature of transaction or rights granted in relation to the SOFTWARE.
2. Limitations of Use
2.1 All terms of use and limitations governing the use of the SOFTWARE are stated in this EULA, unless additional terms of use or limitations are stipulated in a separate written agreement between You and Octonus or an Octonus Partner or in other documentation accompanying the SOFTWARE, provided that the Octonus Partner’s agreement and documentation may not impose additional duties on Octonus.
2.2 You may not perform or make it possible for other persons to perform any activities included in the list below:
2.2.1 Reverse engineer, disassemble, decompile (i.e. reproduce and transform the object code into source code) or otherwise attempt to derive the source code for the SOFTWARE or any part, 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 except as such disclosure is required by law and such information must be promptly disclosed to Octonus. All such information shall be deemed to be confidential and proprietary information of Octonus.
2.2.2 Modify, adapt (including any changes for the purpose of enabling the SOFTWARE to run on Your hardware), or make any changes to the object code of the SOFTWARE, applications and databases contained in the SOFTWARE other than those provided for by the SOFTWARE and described in the documentation.
2.2.3 Correct errors in the SOFTWARE or translate the SOFTWARE without the prior written consent of Octonus.
2.2.4 Rent, lease, sublicense, assign or transfer any rights granted to You by this EULA and other rights related to the SOFTWARE to any other person or authorize all or any portion of the SOFTWARE to be copied onto other Computers unless otherwise authorized in writing by Octonus.
2.2.5 Make it possible for any person not entitled to use the SOFTWARE to access and/or use the SOFTWARE, including without limitation in a multi-user system, virtual environment, or via the Internet.
2.2.6 Remove, change or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to You.
2.3 You may not bypass the SOFTWARE’s user interface that is provided with the SOFTWARE, or use the SOFTWARE in aggregate with any other software unless you have entered into a separate written agreement with Octonus.
3. Not-for-resale SOFTWARE
3.1 If the SOFTWARE is labeled "For Demonstration" then, notwithstanding other articles of this EULA, You may only use such SOFTWARE for demonstration, verification or testing purposes, within a limited period or limited conditions of its use.
4. Updates
4.1 If Octonus releases an update of SOFTWARE, You must own a license for the previous version of the SOFTWARE identified by Octonus as being eligible for this update in order to use the SOFTWARE.
4.2 The SOFTWARE labeled as an update replaces and/or supplements the product that formed the basis for Your eligibility for the update.
4.3 You may only use the resulting updated product in accordance with the terms of the EULA supplied with the update.
4.4 You acknowledge that any obligation Octonus may have to support the version of the SOFTWARE being updated shall end upon the availability of the update.
5. Technical Support and Maintenance
5.1 You may be provided with Octonus technical support, training and/or maintenance related to the SOFTWARE ("Support Services") after written agreement executed with Octonus with respect to such Support Services. Also You may be entitled to certain support services by an Octonus Partner in accordance with an agreement between You and the Octonus Partner with respect to such support services under the stipulation that the Octonus Partner’s agreement may not impose additional duties on Octonus.
5.2 Any supplementary software code and any SOFTWARE component provided to You as part of Support Services is to be considered a part of the SOFTWARE and subject to the terms and conditions of this EULA.
5.3 To be eligible for Support Services,You shall have a valid Support and Maintenance Agreement. If You have no valid Support and Maintenance Agreement, Octonus reserves the right to withhold delivery of Support Services.
6. Ownership
6.1 No title to any of Octonus’s Intellectual Property Rights (including the SOFTWARE and any Octonus 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 Octonus, or any name, logo, trademark, pattern, or design resembling them.
6.2 No title to any of Your Intellectual Property Rights (including the application and any of Your patents, trademarks, or copyrights) is transferred to Octonus.
6.3 The SOFTWARE contains valuable trade secrets and confidential information belonging to Octonus and third parties and is protected by copyright laws, including, without limitation, by United States Copyright Law, laws of Russian Federation, international treaty provisions, and the applicable laws of the country in which it is being used or obtained.
6.4 All title and rights in and to the content that is not contained in the SOFTWARE, but may be accessible through the use of the SOFTWARE, are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and international treaties. This EULA does not grant You any Intellectual Property Rights.
7. Limited Warranty: Disclaimers
7.1 If required by the legislation of the country in which You obtained (purchased) the SOFTWARE, Octonus warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use only and only for the minimal guarantee term determined by the legislation of the country in which You obtained (purchased) the SOFTWARE starting from the date You obtained (purchased) the SOFTWARE.
7.2 EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE 8 (LIMITED WARRANTY, DISCLAIMERS), 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 LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE SOFTWARE, (INCLUDING ANY THIRD PARTY SOFTWARE CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE DOCUMENTATION, UPGRADES AND UPDATES IS BEING DELIVERED TO YOU "AS IS" AND Octonus 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 ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, 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. Octonus 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. FURTHERMORE Octonus MAKES NO WARRANTIES FOR ANY THIRD PARTY SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITHIN THE SOFTWARE.
8. Limitation of Liability
8.1 IN NO EVENT WILL Octonus BE LIABLE TO YOU FOR ANY DAMAGES, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION OF ANY KIND, BUSINESS OR OTHERWISE, 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 SOFTWARE, OR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS IN THE SOFTWARE, EVEN IF Octonus 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. Octonus’S SOLE AND AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE SOFTWARE SHALL BE LIMITED TO THE PURCHASE PRICE ORIGINALLY PAID FOR THE SOFTWARE, IF ANY.
9. Export rules
You agree that You shall not export or re-export the SOFTWARE in violation of any export provisions in the laws of the country in which this SOFTWARE was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited under applicable laws from receiving the SOFTWARE.
10. Third-party software
10.1 Microsoft Visual C++ 2015 Runtime Library, Microsoft Visual C++ 2015 OMP Library
10.1.1. The technologies of Microsoft Corporation used in the SOFTWARE:
-  Microsoft Visual C++ 2015 Runtime Library
-  Microsoft Visual C++ 2015 OMP Library
© Microsoft Corporation. All rights reserved. Microsoft and Visual Studio are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
10.1.2. The Microsoft Technologies are licensed, not sold. The Microsoft Software License Terms and this EULA only give You some rights to use the Microsoft Technologies. Microsoft reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the Microsoft Technologies only as expressly permitted in the Microsoft Software License Terms and in this EULA. In doing so, You must comply with any technical limitations in the Microsoft Technologies that only allow You to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not:

  • work around any technical limitations in the Microsoft Technologies;

  • reverse engineer, decompile or disassemble the Microsoft Technologies, or otherwise attempt to derive the source code for the software except, and solely to the extent: (i) permitted by applicable law, despite this limitation; or (ii) required to debug changes to any libraries licensed under the GNU Lesser General Public License which are included with and linked to by the Microsoft Technologies;

  • remove, minimize, block or modify any notices of Microsoft or its suppliers in the Microsoft Technologies;

  • use the Microsoft Technologies in any way that is against the law;

  • share, publish, rent or lease the Microsoft Technologies, or provide the Microsoft Technologies as a stand-alone hosted solution for others to use.

10.1.3. Export restrictions. Microsoft technologies, online services, professional services and related technology are subject to U.S. export jurisdiction. You must comply with all applicable international and national, laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, Office of Foreign Assets Control sanctions programs, and end-user, end use and destination restrictions by the U.S. and other  governments related to Microsoft products, services and technologies. For additional information, see www.microsoft.com/exporting.
10.2. Qt software libraries
10.2.1. In SOFTWARE, the following technologies of  Qt Company Ltd (hereinafter QT TECHNOLOGIES) are used:
-  Qt 5.15.2 
© The Qt Company Ltd. All rights reserved. Qt and the Qt logo are trademarks of The Qt Company Ltd.
10.2.2 Qt  is a C++ toolkit for cross-platform application development.
Qt provides single-source portability across all major desktop operating systems. It is also available for embedded Linux and other embedded and mobile operating systems. Qt is available under three different licensing options designed to accommodate the needs of various users.
Qt licensed under a commercial license agreement is appropriate for development of proprietary/commercial software where you do not want to share any source code with third parties or otherwise cannot comply with the terms of the GNU LGPL version 3 or GNU LGPL version 2.1. 
Qt licensed under the GNU LGPL version 3 is appropriate for the development of Qt applications provided you can comply with the terms and conditions of the GNU LGPL version 3. 
Qt licensed under the GNU LGPL version 2.1 is appropriate for the development of Qt applications provided you can comply with the terms and conditions of the GNU LGPL version 2.1.

10.3 YouTube services

Some SOFTWARE make use of YouTube API Services. By using YouTube features in such products, you agree to be bound by the YouTube Terms of Service.

 
11. Governing Law
11.1 If the SOFTWARE was obtained in Austria, Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Finland, France, Hungary, Italy, Germany, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Latvia, Lithuania, Estonia or any other member state of the European Union, or in Switzerland, Norway, Iceland or Liechtenstein, Albania, Bosnia and Herzegovina, Georgia, Iraq, Israel, the Republic of North Macedonia, Turkey, Serbia, Montenegro, Moldova and Ukraine this EULA shall be governed by and construed in accordance with the substantive law of Finland. The courts of Helsinki, Finland shall have exclusive jurisdiction over all disputes relating to this EULA.
11.2 If the SOFTWARE was obtained in Russia, Belarus, Kazakhstan, or any other country of the CIS, except for Moldova this EULA shall be governed by and construed in accordance with the substantive law in force in the Russian Federation.
11.3 If article 11.2 applies and You are an entity or a sole proprietor (a person who is in business by himself/herself without the use of a company structure or partners and bears alone full responsibility for the actions of the business) the Arbitrazh Court of Moscow, the Russian Federation, shall have exclusive jurisdiction over all disputes relating to this EULA.
11.4 In the cases described in articles 11.1 - 11.2, this EULA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
12. Termination
12.1 Unless otherwise agreed with Octonus in a separate written agreement or except as otherwise provided by the EULA or the documentation for the SOFTWARE, this EULA is effective in perpetuity from the date which You first demonstrate Your acceptance as provided at the beginning of the EULA or as long as it is permitted under applicable law. To the extent that applicable law requires the statement of an expiration period for this EULA, this EULA will last as long as permitted, but in any event, at least as long as the duration of the SOFTWARE copyright and in this case shall automatically expire without further notice when such time period elapses.
12.2 Without prejudice to any other rights, Octonus may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such an event, You must destroy all copies of the SOFTWARE, all of its component parts and remove the SOFTWARE from Your Computers.
12.3 You may terminate this EULA by destroying all copies of the SOFTWARE, all of its component parts and removing the SOFTWARE.
12.4 Such termination does not relieve You of Your obligation to pay for the SOFTWARE. The Definitions and articles 2, 6, 7, 8, 9, 10, 11, 12, 13 shall survive the termination or expiration of this EULA, howsoever caused, but this shall not imply or create any continued right to use the SOFTWARE after termination or expiration of this EULA.
13. Miscellaneous
13.1 In the course of activation, installation, operation, registration and/or technical support and maintenance of the SOFTWARE You may be asked  to provide Octonus with certain personal information (such as but not limited to Your name, company name (if applicable), email address, phone number) and technical information (such as but not limited to characteristics of Your hardware, third party software, Serial number of Your SOFTWARE). You may choose not to provide us with Your personal and/or technical information, in which case You may not be able in the future to obtain technical support or maintenance of the SOFTWARE available to Octonus customers who provide their personal and/or technical information, if provision of personal and/or technical information is essential to provide You with technical support or maintenance of the SOFTWARE or is a requirement of such technical support or maintenance of the SOFTWARE and it does not contradict applicable law. For example, to provide you with technical support, Octonus needs to process your email or phone number to communicate with you. You agree that Your personal and/or technical information may be processed (including but not limited to collected and/or otherwise used) by Octonus and/or its affiliates or Octonus Partners in compliance with applicable law provided that the confidentiality of the data and data security is maintained if it is required by applicable law.
13.2 You acknowledge that the SOFTWARE may have periodic Internet connection with an Octonus server to check the status of the SOFTWARE or download additional content, information or components. Such information can be used for security (e.g. fraud prevention) and statistical (e.g. billing and analytical) purposes. Octonus will take reasonable steps with the goal that no personal information about You or Your Computer will be transferred during such connections.
13.3 Octonus may send You e-mails 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 Octonus’s mailing list at any time by clicking on the unsubscribe link located at the bottom of each email.
13.4 If any claims or lawsuits are brought against You in connection with Your use of the SOFTWARE, You shall inform Octonus in writing about them promptly and whenever practicable within three (3) business days from the moment You learn of them. You shall take all necessary actions to enable Octonus to take part in the proceedings or hearings of or take over the defense of said claims or lawsuits in court or arbitration, and shall provide Octonus with Your full cooperation and all information Octonus deems useful or necessary for the defense of settlement of the corresponding claims or lawsuits, promptly upon (and whenever practicable no later than seven (7) days from the moment of) the receipt of an inquiry from Octonus.
13.5 Unless otherwise agreed by the parties, the Software licensed under this EULA requires the payment of consideration. Consideration under this EULA is the price of the License established by Octonus or an Octonus Partner and payable in accordance with the payment procedures established by them, or may be included in value of equipment or hardware obtained by You or is part of the consideration payable by You for the full version of the SOFTWARE.
 
13.6 If any part of this EULA is found void or unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms.