End User License Agreement

This END USER LICENSE AGREEMENT (the “Agreement”), relating to licensing of the PentestPad software (the “Software”) – a comprehensive penetration testing platform designed to streamline the security testing process through an all-in-one software that includes project management, automated reporting, and integration capabilities.

is entered by and among:

(1) Secure Block d. o. o., a company duly incorporated and operating under the laws of Croatia, with its registered office at Maglenča 133B, Maglenča (Općina Veliko Trojstvo, 43226), Croatia, Personal identification number (OIB): 68170225840, registered at the Commercial Court in Bjelovar under registry number (MBS): 010132745 (“The Licensor”);

and

(2) you, a physical person or legal entity (hereinafter referred to as “You” or “the End User” or “the Licensee”).

(The Licensor and You hereinafter sometimes also collectively referred to as the “Parties” or each individually as the “Party”)

Recitals

Please read the terms and conditions of this End User License Agreement (“Agreement”) carefully prior to downloading, installing, copying, or using the Software (as defined below).

You wish to obtain a license to use the Software, and the Licensor is willing to grant to You a non-exclusive, non-transferable license to use the Software for the term and specific purpose set forth in this Agreement.

This is an Agreement on End User rights and obligations and not an Agreement for sale. The Licensor continues to own the copy of the Software and any other copies that the End User is authorized to make pursuant to this Agreement.

This is a legally binding contract. By assenting electronically, installing the Software, or using the Software, you accept all the terms and conditions of this Agreement on behalf of yourself and any entity or individual you represent or for whose account you acquire the license to the Software.

By clicking on the “I Accept” option while installing, downloading, copying, or using the Software, you agree to the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, immediately click on the “I Do Not Accept” option and cancel the installation or download of the Software.

You agree that your use of the Software acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions. Therefore, You agree to the following:

Table of contents

• Definitions and interpretation
• Subject of the agreement (license grant)
• Software purpose and authorized use
• Acceptance
• Fees, accounts and licenses
• Free trial
• Intellectual property
• Restrictions on use
• Disclaimer of warranty
• Limitation of liability
• Indemnification
• Updates and upgrades
• Third-party products
• Technical support
• Commencement and termination of the agreement
• No other obligations
• Data regarding the end user and protection of rights
• Applicable (governing) law
• Confidentiality
• General provisions

1. Definitions and interpretation

1.1. The following terms shall have the following respective meanings unless the context otherwise requires:

Agreement

means this End User License Agreement.

License

means the rights granted by the Licensor to the End User to install, use, and operate the Software as specified in this Agreement.

Licensor

unless explicitly specified otherwise, means Secure Block d.o.o., the entity that owns and grants the rights to use the Software.

You/End User

means an individual or Legal Entity exercising permissions granted by this License.

Documentation

the user manuals, technical guides, minimum system requirements, and any other related materials provided by the Licensor that describe the installation, operation, and use of the Software.

Installation

means the process of setting up the Software within the Digital Environment as described in the Documentation. Software downloaded from the Internet, downloaded from the Licensor’s servers or obtained from other sources requires installation. You must install the Software on a correctly configured Digital Environment, complying at least with requirements set out in this Agreement. The installation methodology is described in the Documentation.

Digital Environment

means the separate and secure digital system owned or controlled by the Licensee whereon the Software is installed and used in accordance with these Terms, includes physical (server, network etc.) or digital (VM, container etc.) means of data storage and processing, including remote and/or cloud-based third-party digital data storage and processing services the Licensee may use at the moment of obtaining the License or at any moment in the future.

Licensing Fee

means a recurring fee to be paid by the Licensee to the Licensor for the right to Install, use, and operate the Software within the End User’s Digital Environment per these Terms.

Licensing Term

means the duration of a license i.e. the period in which You are authorized to possess the and use the Software within the End User’s Digital Environment as provided on an Order Form or as defined by these Terms or a separate agreement concluded between the Parties.

Downloading

means the act of transferring the Software from the Licensor’s Digital Environment or other authorized sources to the End User’s Digital Environment.

Copying

means the act of reproducing the Software in any form, including, but not limited to, electronic storage, printing, and other media.

Derivative Works

means any work, whether in Source or Object form, that is based on (or derived from) the Software and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Software and Derivative Works thereof.

Software

means PentestPad, a comprehensive penetration testing platform designed to streamline the security testing process through an all-in-one solution that includes project management, automated reporting, and integration capabilities.

Confidential Information

means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to, the Software, Documentation, business processes, technical data, and financial information.

1.2. In this Agreement, the headings to the clauses are for convenience only and have no legal effect.

1.3. In this Agreement, terms set out above are not necessarily used in the same manner as in respective provisions of the applicable laws and regulations, and in such cases, they will be solely interpreted as defined in this Agreement.

1.4. The term “including” means “including without limitation.”

2. Subject of the agreement (license grant)

2.1. Subject to the terms and conditions of this Agreement, the Licensor hereby grants to the End User a non-exclusive, non-transferable, limited license to Install, use, and operate the Software within the End User’s Digital Environment on the specified number of users as agreed upon and paid for by the End User. This license is for the sole purpose of enabling the End User to use and benefit from the Software as provided by the Licensor, self-hosted on the End User’s Digital Environment.

2.2. The End User is authorized to use the Software only for lawful purposes and in accordance with the Documentation. The license granted herein allows the End User to:
2.2.1. Install and use the Software on the End User’s Digital Environment.
2.2.2. Ensure compliance with the technical requirements specified in the Documentation.

2.3. The license granted herein includes the right to:
2.3.1. Install the Software on the End User’s Digital Environment as per the technical requirements specified in the Documentation.
2.3.2. Operate and use the Software for the End User’s internal and business purposes in accordance with the Documentation.
2.3.3. Access and use the Documentation provided by the Licensor to assist in the installation, operation, and use of the Software.
2.3.4. Receive updates, upgrades, and new versions of the Software during the term of the license, provided that all applicable fees are paid.

3. Software purpose and authorized use

3.1. The Software is designed to assist security professionals in conducting comprehensive penetration testing to identify and analyze vulnerabilities within systems, networks, and applications. The primary purpose of the Software is to enhance the security posture of the End User by providing detailed insights into potential security weaknesses and offering recommendations for remediation.

3.2. The End User is authorized to use the Software solely for lawful purposes and in accordance with the terms and conditions of this Agreement. The authorized use includes, but is not limited to:
3.2.1. Conducting penetration tests on systems, networks, and applications that the End User owns, leases, or has explicit permission to test.
3.2.2. Utilizing the Software to generate reports, analyze security vulnerabilities, and develop strategies for improving security measures.
3.2.3. Accessing and using the Documentation to support the effective use and operation of the Software.

3.3. The End User agrees not to use the Software for any purposes beyond the scope of the authorized use, including, but not limited to:
3.3.1. Conducting penetration tests on systems, networks, or applications without explicit authorization or ownership.
3.3.2. Using the Software to engage in any activity that violates applicable laws, regulations, or ethical guidelines.
3.3.3. Employing the Software for malicious activities, including hacking, unauthorized data access, or disrupting the operations of any third-party systems.

3.4. The End User agrees to comply with all applicable local, state, national, and international laws and regulations in connection with the use of the Software. This includes, but is not limited to, laws related to personal data protection, information security and intellectual property.

3.5. The End User is solely responsible for:
3.5.1. Ensuring that all use of the Software is authorized and lawful.
3.5.2. Maintaining appropriate security measures to protect the systems, networks, and data being tested.
3.5.3. Obtaining all necessary permissions and consents before conducting penetration tests using the Software.

3.6. The End User agrees to promptly report to the Licensor any misuse or unauthorized use of the Software, including any suspected breaches of this Agreement or violations of applicable laws.

3.7. The End User acknowledges and agrees that the Licensor disclaims all liability for damages caused by the End User’s use of the Software, even if the Licensor has been advised of such potential damages.

3.8. During the course of the Agreement, due to the sensitive nature of and strict oversight and laws and regulations applicable to the Solutions provided, Secure Block d.o.o. shall have the right to engage an independent third party bound by confidentiality to perform an audit in order to verify Client’s compliance with this Agreement.
The costs in connection with the audit will be borne by Secure Block d.o.o., unless the audit concludes that Client did not comply with this Agreement, in which case the costs will be borne by Client.
Client shall ensure that each instance of access or use of a Solution is in strict compliance with the applicable End-Use Statement. Client must follow all reasonable instructions provided by Secure Block d.o.o. in relation to Client’s access or use of the Solutions, including, but not limited to any Solution specific documentation, operating manuals, and record keeping requirements. In addition, Client shall provide Secure Block d.o.o. all necessary information regarding its access or use of the Solutions as may be required by any regulator or Secure Block d.o.o. in order to comply with applicable laws and regulations.

4. Acceptance

4.1. By installing, downloading, copying, or using the Software, the End User acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement. If the End User does not agree to all of the terms and conditions of this Agreement, they must immediately cancel the installation or download process, and cease any use of the Software.

4.2. This Agreement constitutes a legally binding contract between the End User and the Licensor. The End User’s acceptance of the terms of this Agreement is required as a condition to using the Software.

4.3. The End User agrees that their electronic acceptance of this Agreement is equivalent to a physical signature and has the same force and effect as a physical signature.

4.4. The Licensor reserves the right to modify the terms and conditions of this Agreement at any time. The End User will be notified of any material changes to the Agreement. Continued use of the Software following such notice constitutes acceptance of the modified terms.

4.5. It is the End User’s responsibility to ensure compliance with this Agreement and any applicable laws and regulations. The End User agrees to indemnify and hold harmless the Licensor from any claims, damages, or liabilities arising from the End User’s use of the Software in violation of this Agreement or applicable laws.

5. Fees, accounts and licenses

5.1. Unless agreed upon otherwise through an Order Form, the End User shall pay the Licensor a Licensing Fee and all related taxes and levies if applicable for the Software license(s)..

5.2. The License Term is twelve (12) months. The End User is required to pay the Licensing Fee on a monthly basis throughout the Licensing Term. The End User agrees to maintain the subscription for the entire year.

5.3. The baseline price for one license is 90 EUR per user, per month. Each license permits one user to use the Solution on multiple devices, provided that it is not used on more than one device simultaneously.

5.4. The Licensing Fee is calculated based on the total number of active licenses at the start of each billing cycle (month). The License Fee for each license is 90 EUR per month.

5.5. The License Fee is invoiced on a monthly basis, with payments due at the start of each month. Unless agreed otherwise between the Parties, the Licensing Fee shall be paid monthly for the ongoing month.

5.6. The End User acknowledges and agrees that all payments made are non-refundable. Once payment is processed for a given month, no refunds will be issued for any reason, including but not limited to termination of the Agreement or discontinuation of the use of the Software by the End User.

5.7. If the End User requires additional licenses during the Licensing Term, they must submit a request via email. Upon receiving the request, a new payment plan will be created to reflect the total number of licenses. The additional license(s) will be invoiced starting from the next full month. The End User will pay the License Fee for each additional license from the beginning of the next billing (monthly) cycle.

5.8. Additional licenses may be requested at any time during the Licensing Term by submitting an email request to the Licensor. Upon approval, the additional license(s) will be added to the End User’s account, and the corresponding License Fee will be billed starting from the next full month.

5.9. If the initial Licensing Term is not specified in the Order Form, the initial Licensing Term will be deemed to have a duration of twelve (12) months.

5.10. Payment shall be executed through one or more third-party payment processors. Payment may be executed through credit or debit card or through a direct bank transfer, depending on the options availed by the payment processor at the time of purchase. Other payment options may be agreed with the Licensor on a case-by-case basis.

5.11. Upon expiration of the initial Licensing Term as defined in the Order Form, the Licensing Term will automatically renew for additional successive terms of the same duration as the initial term (the “Renewal Term”), unless either Party gives the other Party written notice of non-renewal at least thirty (30) calendar days prior to the beginning of the Renewal Term. Such Renewal Terms will be under the terms and conditions of the initial term, unless the Licensor has provided written notice to Licensee of any amended terms and conditions and/or a pricing increase at least sixty (60) calendar days prior to the beginning of the Renewal Term. In such an event, the amended terms and conditions and/or the pricing increase will apply to the Renewal Term.

5.12. The End User is responsible for managing their account and ensuring that the correct number of licenses is maintained. Any changes to the number of licenses must be communicated to the Licensor in accordance with the procedures outlined in this Agreement.

6. Free trial

6.1. Free trial to test the Software is only available for cloud-hosted instances and not for self-hosted deployments.

7. Intellectual property

7.1. The End User acknowledges and agrees that the Licensor retains all rights, title, and interest in and to the Software, including but not limited to, any and all intellectual property rights therein. This includes, without limitation, all software, algorithms, databases, design elements, user interfaces, trade secrets, trademarks, service marks, logos, and other proprietary rights associated with the Software.

7.2. Nothing in this Agreement shall be construed as transferring any ownership rights from the Licensor to the End User. The End User is granted a limited license to use the Software as specified in this Agreement, but this license does not convey any ownership interest in or to the Software.

7.3. Any feedback, suggestions, or recommendations provided by the End User regarding the Software shall be the sole property of the Licensor. The Licensor shall have the right to use such feedback in any manner and for any purpose without any obligation to the End User.

7.4. The Software may include certain third-party software components provided under separate license agreements. These components are subject to their own terms and conditions, and the End User agrees to comply with all such terms and conditions. The Licensor retains no liability for third-party components included in the Software.

7.5. All rights not expressly granted to the End User in this Agreement are reserved by the Licensor. The End User agrees that they have no rights, implied or otherwise, to any intellectual property of the Licensor except as expressly set forth in this Agreement.

7.6. The End User agrees to take all reasonable steps to protect the intellectual property rights of the Licensor. This includes, but is not limited to, promptly notifying the Licensor of any unauthorized use or infringement of the Software or any of the Licensor’s intellectual property.

7.7. Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software. If You reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software, in breach of the provisions of this Agreement, You hereby agree that any information thereby obtained shall automatically and irrevocably be deemed to be transferred to and owned by the Licensor in full, from the moment such information comes into being, notwithstanding the Licensor’s rights in relation to breach of this Agreement.

8. Restrictions on use

8.1. You shall use the Software strictly in accordance with the terms of this Agreement and shall not:
8.1.1. modify, duplicate, distribute, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of, or decrypt the Software;
8.1.2. make any modification, adaptation, improvement, enhancement, translation or Derivative Work from the Software;
8.1.3. violate any applicable laws, rules or regulations in connection with Your access or use of the Software;
8.1.4. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Licensor;
8.1.5. rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Software to any third party;
8.1.6. use the Software for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by the Licensor;
8.1.7. use any proprietary information or interfaces of the Licensor or other intellectual property of the Licensor in the design, development, manufacture, licensing or distribution of any;
8.1.8. change the configuration data of the Software;
8.1.9. delete audit logs generated by Software;
8.1.10. in any way change the Software files.

9. Disclaimer of warranty

9.1. The Software is provided “as is,” with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the End User. To the maximum extent permitted by applicable law, the Licensor, its suppliers, and licensors make no representations, warranties, or conditions, express or implied, including but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.

9.2. The End User acknowledges that the Software is designed to identify and analyze vulnerabilities in systems, networks, and applications. However, the Licensor does not warrant or guarantee that:
9.2.1. The Software will identify all vulnerabilities or security threats;
9.2.2. The Software will meet the End User’s requirements or expectations;
9.2.3. The use of the Software will result in the prevention of security breaches or unauthorized access to systems, networks, or data;
9.2.4. The operation of the Software will be uninterrupted or error-free.

9.3. The Licensor is not responsible for any actions taken by third parties, including but not limited to, hackers, cybercriminals, or other malicious actors, who may exploit vulnerabilities identified by the Software. The End User assumes all responsibility for securing their systems, networks, and data against such threats.

9.4. The Licensor makes no warranty that the End User’s data will be preserved or that data integrity will be maintained. The End User is solely responsible for backing up their data and ensuring its integrity. The Licensor shall not be liable for any loss or corruption of data resulting from the use of the Software.

9.5. The Software may operate in conjunction with or utilize third-party software. The Licensor makes no representations or warranties regarding any third-party software and disclaims all liability arising from such software. The use of third-party software is subject to the terms and conditions of the respective third-party licensors.

9.6. No oral or written information or advice given by the Licensor, its representatives, or any other party shall create any warranty or in any way increase the scope of the Licensor’s obligations hereunder. The End User may not rely on any such information or advice.

9.7. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to certain End Users. In such cases, any implied warranties are limited to ninety (90) days from the date of receipt of the Software.

9.8. The disclaimers set forth in this section shall survive the termination or expiration of this Agreement and shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

10. Limitation of liability

10.1. To the maximum extent permitted by applicable law, in no event shall the Licensor or its employees be liable for any lost profits, revenue, sales, data or costs of procurement of substitute goods or services, property damage, personal injury, interruption of business, loss of business information or for any special, direct, indirect, incidental, economic, cover, punitive, special or consequential damages, however caused and whether arising under contract, tort, negligence or other theory of liability, arising out of the use of or inability to use the Software, even if the Licensor is advised of the possibility of such damages.

10.2. Because some countries and jurisdictions do not allow the exclusion of liability, but may allow liability to be limited, in such cases, the liability of the Licensor or its employees shall be limited to the sum that You paid for the license.

11. Indemnification

11.1. You agree to indemnify and hold the Licensor harmless from all claims, judgments, liabilities, expenses, or costs arising from Your breach of this Agreement and/or acts or omissions and from any claims of third parties arising out of Your access or use of the Softwares or Your violation of any laws.

12. Updates and upgrades

12.1. The Licensor may, from time to time, provide updates, upgrades, or new versions of the Software to enhance functionality, improve security, or fix bugs. These updates and upgrades are provided at the sole discretion of the Licensor.

12.2. The End User is entitled to receive updates and upgrades during the term of the license, provided that the End User has paid all applicable fees and is in compliance with the terms of this Agreement.

12.3. Minor updates may include bug fixes, minor enhancements, and performance improvements. These updates are generally provided at no additional cost and do not significantly change the functionality of the Software.

12.4. Major upgrades may include significant enhancements, new features, and substantial improvements to the Software. Major upgrades may be subject to additional fees, which will be specified by the Licensor at the time of the upgrade offer.

12.5. The Licensor will notify the End User of available updates and upgrades. Notifications may be provided via email, within the Software interface, or through other means as determined by the Licensor. Updates and upgrades will be made available for download on the Licensor’s website. The End User will be responsible for accessing the website to download and Install these updates and upgrades.

12.6. It is the End User’s responsibility to download and Install updates and upgrades in a timely manner. The End User must follow the instructions provided in the Documentation to properly Install updates and upgrades.

12.7. The End User is responsible for Installing updates and upgrades in accordance with the instructions provided by the Licensor. This may require manual intervention by the End User’s IT personnel to ensure proper installation and integration with existing systems. The Licensor may provide assistance with the Installation of updates and upgrades, subject to the support terms specified in this Agreement or any applicable support agreements.

12.8. The End User acknowledges that updates and upgrades may impact customizations, configurations, or integrations with third-party software. The Licensor is not responsible for any issues arising from such impacts, and it is the End User’s responsibility to ensure that customizations and integrations remain functional after Installing updates or upgrades.

12.9. The End User acknowledges that updates and upgrades are designed to be compatible with the latest versions of the Software. The Licensor does not guarantee compatibility with older versions of the Software or with third-party software.

12.10. Any updates or upgrades provided to the End User shall be subject to the terms of this Agreement unless such updates or upgrades are accompanied by a separate license agreement, in which case the terms of that separate license agreement shall apply.

12.11. The Licensor reserves the right to discontinue support for older versions of the Software after providing reasonable notice to the End User. It is recommended that the End User keeps the Software updated to the latest version to ensure continued support.

12.12. The Licensor is not responsible for any loss or corruption of data that may occur during the Installation of updates or upgrades. The End User is advised to perform regular backups of data and ensure that backups are up to date before installing any updates or upgrades.

13. Third-party products

13.1. If You use the Software in conjunction with third-party products, You are responsible for complying with the third-party providers’ terms and conditions and privacy policies, and all such use is at Your risk.

13.2. The Licensor does not provide support or guarantee ongoing integration support for products that are not a native part of the Software.

14. Technical support

14.1. The Licensor may provide technical support services related to the Software as described in this section and as further detailed in any applicable support agreements. These services are intended to assist the End User with the installation, use, and troubleshooting of the Software.

14.2. Technical support services are available to the End User provided that all applicable fees have been paid and the End User is in compliance with the terms of this Agreement. The scope and extent of technical support services may vary depending on the level of support purchased by the End User.

14.3. Technical support may be provided through various channels, including but not limited to:
14.3.1. Email support; and
14.3.2. Online chat support.

14.4. The Licensor will use commercially reasonable efforts to respond to technical support requests within 24 hours. However, the Licensor makes no guarantees regarding specific response times. Specific response times may be defined in a separate support agreement or service level agreement (SLA) if applicable.

14.5. Technical support is available during the Licensor’s standard business hours, specifically from 08:00 to 16:00 Central European Time (CET), Monday through Friday, excluding public holidays and weekends. No support will be available outside these hours, including weekends.

14.6. Technical support services are intended to address issues related to the installation, configuration, and use of the Software as per the Documentation. The support services do not cover:
14.6.1. Issues caused by third-party software or hardware;
14.6.2. Customization or modification of the Software not performed by the Licensor; and
14.6.3. Training or user education beyond basic troubleshooting.

14.7. Technical support includes assistance with the installation of updates and upgrades provided by the Licensor. However, it is the End User’s responsibility to download and install these updates and upgrades as described in Section Updates and Upgrades.

14.8. To receive technical support, the End User agrees to:
14.8.1. Provide accurate and detailed information about the issue
14.8.2. Follow the instructions provided by the Licensor’s support personnel
14.8.3. Ensure that the Software is used in accordance with the Documentation and system requirements

14.9. The Licensor does not guarantee that all technical issues will be resolved to the End User’s satisfaction. The support services are provided on a best-effort basis, and the Licensor’s liability for any failure to provide satisfactory support is limited as described in this Agreement.

14.10. The Licensor reserves the right to terminate or suspend technical support services if the End User breaches any terms of this Agreement or if the applicable support fees are not paid.

15. Commencement and termination of the agreement

15.1. This Agreement is effective from the date You agree to the terms of this Agreement.

15.2. You may terminate this Agreement at any time by permanently uninstalling or otherwise destroying the Software, all back-up copies and all related materials provided by the Licensor.

15.3. The Licensor may, in its sole and absolute discretion, at any time for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice.

15.4. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by the Licensor.

15.5. Upon the termination of this License, You shall cease all use of the Software and uninstall the Software.

16. No other obligations

16.1. This Agreement creates no obligations on the part of the Licensor other than as specifically set forth herein.

17. Data regarding the end user and protection of rights

17.1. The Licensor never:
17.1.1. sends Your data and profiles, documents or any sensitive data outside of Your Digital Environment;
17.1.2. sends documents or their attachments that are stored in the Software outside the Licensor’s environment.

18. Applicable (governing) law

18.1. This Agreement shall be governed by and construed in accordance with the laws of the the Republic of Croatia, while the principles of the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

18.2. Any disputes or claims ensuing from this Agreement with respect to the Licensor or any disputes or claims relating to use of the Software shall be settled by the Commercial Court in Bjelovar.

19. Confidentiality

19.1. Neither Party may use, disclose or make available to any third party the other Party’s Confidential Information, unless such use or disclosure is done in accordance with the terms of this Agreement.

19.2. Each Party must hold the other Party’s Confidential Information secure and in confidence, except to the extent that such Confidential Information:
19.2.1. is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency; or
19.2.2. was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorisation.

19.3. This Article 20. will survive termination of this Agreement.

20. General provisions

20.1. Should any of the provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the other provisions of the Agreement, which shall remain valid and enforceable in accordance with the conditions stipulated therein.

20.2. This Agreement may only be modified in writing by authorized persons representing of the Parties.

20.3. If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.

20.4. All notices required or authorized under this Agreement must be in writing.

20.5. Failure by any Party to exercise any right given in this Agreement or to insist on strict compliance by the other Party of any obligation under this Agreement will not constitute a waiver of the Party’s right to later demand exact compliance with the terms of this Agreement.

20.6. This Agreement represents the sole proof of the will and intent of the Parties. Any previous oral, email, or written agreements governing the subject of this Agreement are deemed redundant by the entry of this Agreement into force.