Oxford Biochronometrics NoMoreCaptchas License and Service Agreement
The Nuts and Bolts of:
I. this Agreement
1. Purpose: The purpose of this Agreement is to determine the terms and conditions applying to the provision of the NoMoreCaptchas Services (as defined here) and to determine the extent of your authorization to benefit from certain proprietary applications, tools and data, as determined by Oxford Biochronometrics at its sole discretion, relating to the NoMoreCaptchas Services, through one of the Plugins distributed by Oxford Biochronometrics at its sole discretion from time to time.
2. Prerequisite: In order to benefit from the Services, each Plugin requires use of License Key validly issued from Oxford Biochronometrics, which identifies the user and make calls to the Services.
II. The License
3. As long as you comply with this Agreement, Oxford Biochronometrics grants you a limited, revocable, non-exclusive worldwide license to use the License Key to enable the Plugin for which it was provided to access the Services, solely in accordance with this Agreement and the Operating Documentation (i.e. documents and information provided by us).
4. Except for the rights granted to you by a valid License, Oxford Biochronometrics reserves all other rights, title and interests (including all intellectual property and proprietary rights), and you do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in or to, the Plugin and/or the Services, or any copies thereof, or any other intellectual property or technology that Oxford Biochronometrics provides or uses in connection the Services offering (our “Technology”).
Importance of the chosen Subscription Level (defined in the Appendix)
5. The Subscription Level you choose, determines
a. the Subscription Price (as detailed in the Appendix); and
b. the number of :
- second-level domains (a second-level domain being defined as a single registered name of a website with a unique string preceded by an internationally recognized top-level domain, such as .com, .net, .co.uk, .lu, .de and so on); and
- sub-domains (sub-domain refers here to the further demarcation of server space within the same second-level domain, useful for specific areas of activity or access, such as “support.domain.com” or “mail.domain.net”
for which you are licensed to install the Plugin.
Things that you can do with a valid License
6. You can install one License Key on a domain or domains you own or for which you are an administrator.
7. A License Key (and therefore a License) can be transferred only by the administrator of a domain to that domain owner (or vice-versa), subject to:
- his prior consent to be responsible for the payment of the Subscription Price;
- Oxford Biochronometrics being notified in writing of such transfer including all the details of the domain owner as well as satisfactory evidence of his consent to be bound by this Agreement and be responsible for the payment of the Subscription Price.
Things that you cannot do with a License:
8. You cannot transfer the License, Plugins and/or License Key, except in the events mentioned under 7. above.
9. You cannot distribute the Plugins, Services, Licenses and/or License Keys.
10. You cannot use a License Key other than in connection with a Plugin and other than for the purpose of benefiting from the Services in accordance with this Agreement.
11. You cannot use a License Key and/or a Plugin in order to access directly to, to discover and/or analyze, the Technology.
12. You cannot include the Plugin or use the License Key in connection with any spyware, malware, virus, worm, Trojan horse or malicious, harmful and/or spy code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
13. You shall not, and shall not attempt to (i) modify, alter, tamper with, repair, or otherwise, create derivative works of the Services offerings and/or Technology; or (ii) reverse engineer, disassemble, decompile, or otherwise derive any source code of or relating to the Services and the Technology.
14. You shall not display the Plugin on sites that disparage Oxford Biochronometrics, NoMoreCaptchas or infringes any Oxford Biochronometrics intellectual property or other rights, or violates any applicable law.
15. You cannot obscure or disable any element of the Plugin.
16. The Plugin, the Plugin content, the Technology cannot be copied, modified, deleted or reproduced.
The License Key
17. You must use a License Key to obtain access to the Services through the Plugin. Use of the License Key to access or use any Services is subject to this Agreement.
18. Oxford Biochronometrics may change your License Key from time to time. A License Key is for your personal use only, you must maintain its secrecy and security. You are responsible for all activities that occur under your License Key, regardless of whether those activities are undertaken by you or any other person or entity.
19. To obtain a License Key for use with a Plugin, you must be registered and provide Oxford Biochronometrics with the details requested under the relevant webpage.
20. From time to time, Oxford Biochronometrics may offer the Plugin and the Services free of charge for a certain period of time (a “Trial Period”), and may impose additional terms, restrictions or limitations on the use of the Plugin, License and the License Key during such Trial Period. To take advantage of any Trial Period, you shall comply with all the terms, restrictions, and limitations applicable to the Trial Period. You cannot sign-up for multiple accounts in order to benefit from more than one Trial Period, nor may you establish or use any account to avoid the terms, restrictions, or limitations applicable to the Trial Period.
Depending on the terms and conditions of the Trial Period, you may, after the end of the Trial Period, either elect to choose to continue to benefit from the Services subject to the payment of the Subscription Price in accordance with the chosen Subscription Level, or be bound to pay such Subscription Price.
21. Except in the event of a Trial Period, in consideration for the provision of the Services and the rights granted to you under this Agreement, you will pay to Oxford Biochronometrics the applicable Subscription Price.
22. Oxford Biochronometrics may change the Subscription Price at any time but with effect as of the end of the relevant Subscription Period (as indicated in the Appendix for the corresponding Subscription Level).
23. Payment obligations are non-cancelable and any fees paid are non-refundable.
24. You represent and warrant that if the determination of the Subscription Price payable for any period is based on information, about you or your website or domain, the information provided to Oxford Biochronometrics will at all time be accurate, complete and up-to-date. Oxford Biochronometrics has the right to verify the completeness, accuracy and current nature of the information provided. Should it be inaccurate or outdated, Oxford Biochronometrics will have the right to charge double highest Subscription Price indicated in the Appendix for the relevant remaining Subscription Period.
25. If any amount owing by you is 30 days or more overdue (or 7 days or more in the case of amounts you have authorized Oxford Biochronometrics to charge to your credit card), Oxford Biochronometrics may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under this Agreement so that all obligations become immediately due and payable, and suspend its services to you until such amounts are fully paid.
26. You agree that in order to provide the Services, Oxford Biochronometrics needs to collect, and will collect, only data provided by users’ web browsers (including users’ IP addresses), in accordance with the security settings chosen by users. You are responsible for ensuring that any and all required information are provided to the visitors and users of your website and that any and all consents required from them under any applicable law have been obtained. You agree to hold Oxford Biochronometrics harmless should a claim be brought by users or visitors on the ground of any applicable data privacy laws.
27. You will be bound for an additional Subscription Period at the end of each Subscription Period, at the then-current price of the relevant Subscription Level, unless you terminate this Agreement prior to the end of the current Subscription Period.
28. You may terminate this Agreement at any time. However, please bear in mind that this termination will only be effective at the end of the current Subscription Period.
29. Upon termination of this Agreement, the license(s) granted under it will immediately and automatically terminate and you must immediately stop using the License Key and the Plugin.
30. Oxford Biochronometrics may modify any of the terms and conditions contained in this agreement or any operational documentation at any time and at its sole discretion, by emailing you at the email address you provided to Oxford Biochronometrics.
31. If you disagree with any change, your only recourse is to terminate this Agreement. Your continued usage of the License Key following Oxford Biochronometrics’s emailing of a change notice, revised license agreement, or revised operational documentation will constitute your binding acceptance of the change.
32. All changes will be effective immediately, except for a change in the amount of the Subscription Price or regarding the duration of the Subscription Period, which shall be effective at the end of the current Subscription Period.
Limitation of liability
33. Oxford Biochronometrics shall not be held liable for any direct, indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, goodwill, use, or data, or other losses (even if Oxford Biochronometrics has been advised of the possibility of such damages) in connection with this Agreement and/or the provision of the Services. In any case, Oxford Biochronometrics’s liability under this Agreement shall be limited to the Subscription Price actually paid by you to Oxford Biochronometrics in accordance with this Agreement.
34. This agreement is governed by the laws of the Grand-Duchy of Luxembourg and you agree that the courts of Luxembourg-City shall have exclusive jurisdiction to settle any dispute which may arise out of, or in connection with, this Agreement and that accordingly any proceedings, suit or action arising out of, or in connection with, the Agreement may be brought in such courts.