Terms and Conditions of Use

These Terms and Conditions of Use govern your use, and apply to the entire contents of, the Netpeak Software website under the domain name http://www.netpeaksoftware.com/, including but not limited to the data or other results obtained using services or tools like NETPEAK LAUNCHER or any other NETPEAK SOFTWARE on Freemium Plan made available thereon (collectively, the “Website”). Please read these Terms and Conditions of Use (hereinafter referred to as “Terms and Conditions”) carefully before using this Website. By accessing, browsing, or using our Website or any links, services, or tools through our Website, you are agreeing to all of these Terms and Conditions in their entirety.

1. General

This Website is owned and operated by Netpeak LTD, United Kingdom limited liability company. Unless indicated otherwise, we use the terms “Netpeak Software”, “we” and “us” on this Website and in these Terms and Conditions and other posted policies to refer to Netpeak LTD.

2. Changes

We reserve the unilateral right to change these Terms and Conditions, in whole or in part, at any time. Any such changes will take effect immediately when posted on the Website. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

3. Intellectual Property

3.1 Unless expressly stated otherwise on the Website, you should assume that all content, images, and materials appearing on or available through the Website (collectively the “Content”) are and shall remain the sole property of Netpeak Software and/or its licensors. International copyright laws and treaties protect such Content. You may not use, reproduce, display, or sell any Content without our prior written consent.

3.2 You acknowledge and agree that the Content is made available for your personal non-commercial use only and that you may only download such Content for the purpose of using this Website. You also acknowledge that any other use of the Content is strictly prohibited and you agree not to (and agree not to facilitate or assist any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of such Content.

3.3 The trademarks, logos, and service marks displayed on the Website (collectively, the “Marks”) belong to Netpeak Software and/or our affiliates or third parties which have licensed those rights to Netpeak Software; Netpeak Software and such third parties respectively retain all rights to the Marks and nothing in these Terms and Conditions, grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their respective owner’s prior written consent. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

4. Restrictions on Use

You are specifically restricted from all of the following:

  • publishing, selling, sublicensing and/or otherwise commercializing any Content;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website, or which otherwise imposes an unreasonable or disproportionately large load on the Netpeak Software infrastructure;
  • using this Website contrary to applicable laws and regulations or these Terms and Conditions, or in any way that may cause harm to Netpeak Software or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
  • using any robot, spider, or other automated device, process, or means to access this Website;
  • entering or uploading any data or using any services available through this Website without the authorization of the owner of any related intellectual property or other rights relating to such use, including but not limited to domain name, e-mail, or privacy rights;
  • incorporating any portions of this Website or any related services, including data obtaining using such services, into your own website;
  • using this Website to engage in any advertising or marketing.
  • Certain areas of this Website are restricted from being access by you. Netpeak Software may further restrict access by you to this Website, in part or in whole, at any time, in its sole and absolute discretion.

5. NO WARRANTIES

THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY TOOLS, SERVICES, OR INFORMATION THAT YOU MAY ACCESS THROUGH THE WEBSITE ARE PROVIDED AS-IS. NETPEAK SOFTWARE DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT OR ANY TOOLS PROVIDED ON OR THROUGH THE WEBSITE. WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS.

6. Limited Liability

We do not accept, and hereby exclude to the fullest extent permissible under applicable law, any liability for any loss of data, profit, revenue, or business or for any indirect or consequential loss or damage however caused. IN NO CASE SHALL NETPEAK SOFTWARE, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, OR THE DEVELOPERS OF ANY TOOLS OR MATERIALS YOU USE ON THIS WEBSITE, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THIS WEBSITE, EVEN IF YOU CLAIM TO HAVE NOTIFIED NETPEAK SOFTWARE ABOUT SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES, OR JURISDICTIONS, OUR AND THEIR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY RELEASE NETPEAK SOFTWARE, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, THE DEVELOPERS OF ANY TOOLS OR MATERIALS YOU USE ON THIS WEBSITE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM ANY AND ALL OBLIGATIONS, LIABILITY, AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. OUR AND THEIR TOTAL LIABILITY FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF ANY TOOLS OR MATERIALS ON THE WEBSITE SHALL BE LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO US, BUT IN NO EVENT TO EXCEED $100.

7. Your Indemnification of Netpeak Software

You agree that you shall fully defend and indemnify Netpeak Software, its subsidiaries and affiliated companies and their respective officers, directors, owners, agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations, and other provisions set forth in this Terms and Conditions, including, but not limited to, your warranties or your violation of a third party’s intellectual property rights. You further agree to defend, indemnify, and hold harmless Netpeak Software, its subsidiaries and affiliated companies and their respective its officers, directors, owners, agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Terms of Use. You agree that Netpeak Software shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.

8. Governing Law and Dispute Resolution

8.1. these Terms and Conditions (and any question about its subsistence, effect or termination) shall be governed by the laws of the England and Wales, except that body of laws controlling conflict of laws.

8.2. In the event of a dispute arising out of or relating to these Terms and Conditions (including non-contractual disputes or claims), the parties shall first seek settlement of the dispute by negotiation between senior executives of the parties. If they are unable to settle the dispute within thirty (30) days, or such other period as the parties shall agree in writing, the dispute including any question regarding the subject matter of these Terms and Conditions, its existence, its validity or termination, and any non-contractual disputes or claims relating thereto shall, subject to the next paragraph, exclusively be referred to and finally be resolved by arbitration pursuant to the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England and, accordingly, The Arbitration Act 1996 (UK, 1996 c.23) is hereby incorporated into this Terms and Conditions. The language to be used in the arbitral proceedings shall be English. The initiation of arbitration proceedings, the proceedings and the award(s) shall be considered Confidential Information.

8.3. Notwithstanding the preceding paragraph, a Party shall be entitled to seek and obtain orders for injunctive relief and, in relation to its Intellectual Property Rights, such other orders as it deems appropriate in the courts of England and Wales. Notwithstanding any other provision in these Terms and Conditions a person who is not a party to these Terms and Conditions shall have no right under the Contracts Act 1999 (Rights of Third Parties) to rely upon or enforce any term of this Terms and Conditions. Nothing in these Terms and Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of such Act.

9. Miscellaneous Provisions

9.1 All contracts shall be concluded in English.

9.2 If any of these Terms and Conditions are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

9.3 These Terms and Conditions and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without our prior written consent, which may be withheld for any or no reason. Notwithstanding the above, these Terms and Conditions shall be binding upon your successors and assigns, if any. We may assign or license any or all of our rights and/or obligations hereunder in our free, sole, and unfettered discretion.

9.4 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

9.5 If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach.

9.6 This Website also contains links to other websites, which are not operated by Netpeak Software (the “Linked Sites”). Netpeak Software has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites is at your own risk and will be subject to the terms of use and service contained within each such site, if any.

9.7 We use reasonable efforts to ensure that our Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including anti-virus software) to use this Website safely. Except as may be required by applicable law, Netpeak Software shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via our Website.

9.8 We endeavor to ensure that the Website remains available at all times. However, we cannot guarantee that the Website will operate continuously. We therefore cannot accept any liability for any failure or non-availability of the Website.

9.9 Nothing in these Terms and Conditions is intended to create or constitute an agency, joint or collaborative venture, or partnership of any kind between Netpeak Software and you, nor shall anything in these Terms and Conditions be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between Netpeak Software and you.

9.10 Please review our other policies posted on this site. These policies also govern your visit to the Website.

9.11 These Terms and Conditions constitutes the entire agreement with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral between us and you related to the subject matter hereof. No officer, employee or representative of Netpeak Software or you has any authority to make any representation or promise in connection with these Terms and Conditions or the subject matter thereof which is not contained expressly in these Terms and Conditions, and we and you hereby acknowledge and agree that neither we nor you have entered into these Terms and Conditions in reliance upon any such representation or promise.

10. Contact

If you have any questions or comments regarding this Terms of Use, you are welcome to write to us to [email protected].

Last updated: March 27, 2021