EULA - SWPANEL End User License Agreement
This End User License Agreement (this "Agreement") is a legal contract between you, either as an individual or as an Entity (as defined below), and the company DeepThink Software SLU (owner of SWPANEL), Calle Ponent, 13-15, 17458 Fornells de la Selva, Girona, Spain, hereinafter "DeepThink" in this document.
Introduction to the End User License Agreement (EULA)
Please read the terms and conditions of this Agreement carefully before downloading, installing, activating a license, accessing, or using SWPANEL, software owned by DeepThink Software SLU (hereinafter, "DeepThink"), which includes the following modes of use:
SWPANEL SaaS: cloud version accessible through the official website https://go.swpanel.com. SWPANEL Self-Hosted: version installable locally on "User" servers or devices. Mobile applications from the SWPANEL environment, such as SWPANEL for Mobile and SWPANEL InstantPass, as well as any other tool, functionality, or complementary software that DeepThink may develop in the future and that is linked to the SWPANEL ecosystem.
All of these modalities, present or future, are governed by the terms of this Agreement and the annexes that supplement it.
In order to avoid any ambiguity in interpretation and ensure a clear understanding of the different ways in which SWPANEL can be used and deployed, this Agreement includes a specific clause on definitions (see clause 1.9: Product definitions and execution environments). This clause formally differentiates the various types of SWPANEL, detailing their technical and operational characteristics and specific conditions of use.
This Agreement may incorporate this clause as a sub-section within point 1: License, or as a separate provision, acquiring full contractual value and being applicable across the entire document.
SWPANEL is protected by intellectual property rights. Its use is granted exclusively under a license for use, and in no case does it imply the transfer of ownership of the software to the User. By downloading, installing, activating a license, or using SWPANEL in any way, you expressly declare that you have read, understood, and fully accepted this Agreement, and you agree to comply with its terms without exception.
If you are acting on behalf of a company, public or private entity, organization, educational institution, public administration, or any other type of group (hereinafter, "the User"), you represent and warrant that you have the legal authority to accept this Agreement on behalf of that entity. In such case, any reference to "the User" in this document shall include both the person accepting the terms and the entity represented.
If you do not agree with any of the terms set forth in this Agreement, you must immediately discontinue the installation, activation, or use process, reject the license (for example, by selecting the "I do not accept" option or similar), and delete any copies of SWPANEL from your device(s).
This Agreement, together with the annexes and policies expressly incorporated by reference, constitutes the entire and binding agreement between "the User" and DeepThink, superseding any communication, proposal, or prior agreement—oral or written—relating to the use of SWPANEL.
The following Annexes, which further elaborate on essential aspects, also form an integral part of this Agreement:
Annex I: Non-payment, returns, and payment claims. Annex II: Confidentiality and Data Processing by Third Parties. Annex III: Data Protection Policy (GDPR – EU). Annex IV: California Consumer Privacy Rights (CCPA). Annex V: Compliance with other International Data Privacy Legislation. Annex VI: General Data Privacy Policy. Annex VII: Cookie Policy. Annex VIII: Corporate Legal Information (Legal Notice). Annex IX: Service Quality Guarantees and Service Level Agreement (SLA). Annex A: Additional Terms. Annex A: Annex X: Glossary of Terms and Concepts.
1. License 1.1.License Grant. Subject to your full and continued compliance with the terms and conditions of this Agreement, including, without limitation, payment of all applicable license fees, DeepThink, from whom you obtained SWPANEL, grants to you, and you accept, a personal, limited, non-exclusive, non-transferable (except as provided in Section 1.6 below), non-assignable, revocable license to use SWPANEL during the Term in machine-readable form, object code only, and the user manuals accompanying SWPANEL (the "Documentation"), only as authorized herein. revocable license to use SWPANEL during the Term in machine-readable, object code only format, and the user manuals accompanying SWPANEL (the "Documentation"), only as authorized in this Agreement. For purposes of this Agreement, SWPANEL includes any updates, enhancements, modifications, revisions, or additions to the Software made by DeepThink and made available to end users. Notwithstanding the foregoing, DeepThink shall have no obligation to provide updates, enhancements, modifications, revisions, or additions to the Software. DeepThink also reserves the right to vary, if it deems appropriate, the price of the SWPANEL license(s) after each revision, modification, or enhancement that is applied. 1.2.Scope of use. Your license to use SWPANEL is subject to the following license restrictions, and any use of SWPANEL that violates any of these restrictions or any of the other terms of this Agreement is a breach of this Agreement and is unauthorized. You may use one copy of SWPANEL activated by a license key on a single virtual or physical device owned, leased, or otherwise controlled by "the user" at any one time (the "Authorized Device"). If you have multiple license keys for SWPANEL, you may install and use as many copies of SWPANEL as you have license keys, in each case, on an Authorized Device and only as authorized herein. For purposes of this Agreement, "use" of SWPANEL means loading SWPANEL into the temporary or permanent memory of an Authorized Device. Installing SWPANEL on a network server solely for distribution to other computers is not "use" of SWPANEL and is permitted, provided that "the user" has a valid license key for each Authorized Device on which SWPANEL is installed. SWPANEL may not be used, distributed, or installed on more Devices than the number of license keys available to "the user." If you use or distribute SWPANEL to multiple users, you must ensure that the number of Authorized Devices does not exceed the number of license keys you have obtained, or you will be in breach of this Agreement and such use and distribution will be unlicensed. 1.3.Prohibited Use. DeepThink's SWPANEL may not be used for any illegal or fraudulent activity or action, including, but not limited to, spamming, phishing, spear phishing, spoofing, pharming, or any other type of scam or fraud. Any such activity or action is contrary to DeepThink's code of conduct and fair use policy. DeepThink reserves the right, in its sole and exclusive option and discretion, to take any action it reasonably deems necessary (including temporary or permanent termination of licenses and reporting to law enforcement authorities) to prevent illegal or fraudulent activities and actions (including cybercrimes) without any liability to "the user" or the registered license owner. 1.4.Additional Terms. Depending on the country in which you are located, additional terms and restrictions may apply, as set forth in Appendix A (the "Additional Terms"), the terms of which are incorporated by reference herein and form part of this Agreement. 1.5.Evaluation Licenses. If you have obtained a trial or evaluation version of SWPANEL, it will come with a trial activation key that activates SWPANEL for a limited period of time (the "Trial Period"). You may use SWPANEL during the Trial Period for internal, non-commercial purposes only to evaluate the suitability of SWPANEL for your needs. Upon expiration of the Trial Period, you must either purchase an activation key or destroy SWPANEL, the Documentation, all backups thereof, and all trial activation keys you have obtained. If you do not purchase an activation key before the expiration of the Trial Period, this Agreement and all your rights and licenses under it will terminate upon the expiration of the Trial Period. 1.6.Copies and modifications. Except and only to the extent that such restriction is prohibited by applicable law, you may not reverse engineer, decompile, disassemble, or otherwise translate SWPANEL or any license key you have obtained. You may not modify or adapt SWPANEL or the license keys you have obtained in any way. All copies of SWPANEL, the Documentation, or the license keys shall include the copyright notices or other proprietary notices that were included in such materials when you first received them. Except as authorized in this Section, neither you nor anyone under your authority or control may make copies of SWPANEL, the Documentation, or the license keys, or any part thereof. 1.7.Assignment of Rights. "The user" shall not sublicense, lease, rent, or lend its rights to SWPANEL, the Documentation, or the license keys, as granted by this Agreement, without the prior written consent of DeepThink, except that "the user" may transfer this Agreement in its entirety in connection with the sale of all or substantially all of the assets related to this Agreement, provided that the assignee assumes all of its obligations hereunder, and the licenses granted hereunder shall only extend to the use of SWPANEL on the Authorized Device on which SWPANEL was installed immediately prior to the transfer. DeepThink may assign this Agreement without limitation. Any assignment in violation of the foregoing shall be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. 1.8.Support and Maintenance Services; Updates; Improvements. DeepThink will not provide any support or maintenance services under this Agreement. "The user" acknowledges that DeepThink has no express or implied obligation to announce or make available updates, enhancements, modifications, revisions, or additions to the Software and that this Agreement does not give you any rights in or to any of the foregoing. DeepThink may offer support and/or maintenance services separately. If "the user" has contracted support and/or maintenance services from DeepThink with SWPANEL, these services are provided under the terms and conditions accompanying the applicable service. Any supplemental software code or related materials provided by DeepThink as part of any support and/or maintenance service are considered part of SWPANEL and are subject to the terms and conditions of this Agreement. 1.9.Definitions of SWPANEL products and execution environments. For the purposes of interpreting this contract, a distinction is expressly made between the different modes of execution of SWPANEL, all of which are subject to the conditions set forth in this Agreement: 1.9.1.SWPANEL SaaS (https://go.swpanel.com): This refers to the SWPANEL mode offered by DeepThink as a cloud service (Software as a Service), accessible from any browser via the URL https://go.swpanel.com. This version does not require local installation by "the User" and its execution, maintenance, storage, and updates are managed exclusively by DeepThink from its own infrastructure. "The User" accesses this service by authenticating with their credentials and can manage the contracted services, license configurations, payments, support, and other administrative functions related to their SWPANEL environment from there. 1.9.2.SWPANEL Self-Hosted: This refers to the version of SWPANEL that is installed and run directly on servers or devices controlled by the User. This mode requires an active license and periodic validation with the SWPANEL SaaS platform (see clauses 4.6 and 4.7). "The User" is responsible for maintaining the operating environment, as well as the security of the system and the data managed within this version. This local installation is subject to the same license, intellectual property, confidentiality, and restricted use terms as the SaaS version, and may not be run without the corresponding license active and validated by DeepThink. 1.9.3.SWPANEL ecosystem applications: 1.9.3.1.SWPANEL InstantPass: Specific application developed by DeepThink that allows secure access management through single-use codes or additional validations. This tool acts as a complement to authentication and user management in SWPANEL environments (both SaaS and Self-Hosted). 1.9.3.2.SWPANEL for Mobile: Official mobile application of the SWPANEL ecosystem, available for iOS and Android platforms. It allows the User to manage various aspects of their SWPANEL account and services from mobile devices, including support, server control, monitoring, tickets, billing, and more, depending on the plan contracted.
2. Intellectual property and confidentiality. 2.1.Usage Reporting, License Violations, and Remedies. DeepThink reserves the right, and the "user" authorizes DeepThink, to collect data on the use of keys, including license key numbers, IP addresses of Authorized Devices or other applicable device identifiers (including MAC address or UDID), domain counts, users, and other information deemed relevant to ensure that our products are being used in accordance with the terms of this Agreement. DeepThink reserves the right to remedy violations of any of the terms of this Agreement immediately upon discovery by charging the then-current list price of the unauthorized keys to the payment instrument used to make the original and authorized purchase, or by any other means necessary, including remote deactivation of SWPANEL. "The user" agrees not to block, electronically or otherwise, the transmission of data necessary for the performance of this Agreement. Any blocking of data required for the performance of this Agreement is considered a breach of this Agreement and will result in the immediate termination of this Agreement in accordance with Section 4. 2.2.License expiration. Your license may include an expiration date that may result in the termination of the license. If your license key is stolen, or if "the user" suspects any misuse or illegal use of your license beyond your control, you must immediately notify DeepThink of such occurrence. A replacement license will be issued to you and the suspected license will be allowed to expire. For monthly subscription licenses, your monthly payment for each month must be processed prior to the expiration date in order for license updates to occur. For your convenience, DeepThink may, but is not obligated to, provide license expiration warnings in the product interface. It is your responsibility to contact DeepThink regarding any potential expiration that you deem inappropriate. DeepThink is not responsible for any damages or costs incurred in connection with expired licenses. For technical and fraud prevention reasons, licenses that do not report active use for a minimum of 12 months will be automatically suspended and will require replacement or reactivation. 2.3.SWPANEL and Associated and/or Registered Trademarks. "The user" acknowledges that SWPANEL and the Documentation are the property of DeepThink, and that SWPANEL and the Documentation are protected by copyright and other intellectual property laws and international treaties. Furthermore, "the user" acknowledges and agrees that, between "the user" and DeepThink, DeepThink and its third-party licensors own and will continue to own all rights, title, and interest in SWPANEL and the Documentation, including the associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited and revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other rights or interest in or to SWPANEL or the Documentation or any other intellectual property rights of DeepThink, whether by implication, estoppel, or otherwise. All trademarks or service marks used by DeepThink in connection with SWPANEL or the services provided by DeepThink are trademarks owned by DeepThink. This Agreement does not grant you any rights, license, or interest in such trademarks, and you may not assert any rights, license, or interest in such trademarks or any words or designs that are confusingly similar to such trademarks. 2.4.Confidentiality. You shall only allow the use of SWPANEL or the viewing of the Documentation to authorized users who possess legitimately obtained license keys. Except as expressly authorized by this Agreement, "the user" shall not make SWPANEL, the Documentation, or any license key available to third parties, nor shall "the user" use SWPANEL, the Documentation, or any license key for any purpose other than the exercise of the rights expressly granted to "the user" in this Agreement. "The user" agrees to cooperate and assist DeepThink in identifying and preventing any unauthorized use, copying, or disclosure of SWPANEL, the Documentation, or any part thereof. 2.5.Consent to use of data. 2.5.1."The user" agrees that DeepThink may collect and use technical data and related information, including, but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to "the user" (if any) related to SWPANEL. 2.5. 2.DeepThink may use this information, provided that it is in a form that does not personally identify you, to operate, provide, improve, and develop our products, services, and technologies, to prevent or investigate fraudulent or inappropriate use of DeepThink's products, services, and technologies, for research and development, and for the other purposes described in this Agreement or to "the user" as part of our products and services. 2.5.3.In addition, "the user" agrees that DeepThink may collect the IP addresses of the servers on which a DeepThink product is installed. As this information may be considered personal data, DeepThink will handle it in accordance with DeepThink's Privacy Policy, available at www.swpanel.com/en/legal/rgpd, and will limit the use of this information to the prevention of fraudulent use of DeepThink products. Subject to your consent in accordance with applicable laws in your region, DeepThink's websites and online services may use "cookies," which allow you to personalize your experience on DeepThink sites and provide information to DeepThink, such as which websites have been visited and which advertisements and web searches are effective. If you wish to disable cookies, check your browser settings or refuse the use of cookies when entering DeepThink websites; you can find detailed information at www.swpanel.com/en/legal/cookies. 2.5.4.DeepThink may, for example, in order to provide technical support to "the user," in the course of your use of SWPANEL, supply or have access to information that may qualify as personal data in some or all jurisdictions (such as the administrator's email address). 2.5.5.By accepting this Agreement, "the user" agrees and acknowledges that DeepThink may collect, use, process, record, organize, accumulate, retain, update, extract, transfer (including cross-border transfer), access, depersonalize, block, or delete such personal data in the performance of its contractual duties (Art. 6.1(b) GDPR) and for general administrative purposes, and may also disclose personal data to its affiliates in its country of residence and abroad to the extent necessary for the performance of its duties under this Agreement and always in accordance with the provisions of applicable data protection laws in force (e.g., GDPR). In the event that a third-party product is resold or distributed by DeepThink, the third-party supplier in question may receive your license data for the purpose of entering into a license relationship with "the user" for its products or to provide adequate technical support to "the user" if necessary. 2.5.5.1.By implementing and maintaining sufficient technical and organizational measures, as required by applicable data protection laws, DeepThink ensures that your personal data is kept strictly confidential and sufficiently protected against further disclosure. 2.5.5.2."The user" may, at its sole option and discretion, at any time request DeepThink for information about the data collected or processed, as well as request the alteration, anonymization, or deletion or transfer of such data in accordance with its rights as a data subject. However, in some cases this may have delayed effects on the availability of other DeepThink services (e.g., support services). Please direct any requests related to data protection to [email protected]. 2.6.Audit Rights. During the term of this Agreement and for five (5) years after the termination or expiration of this Agreement, DeepThink may audit, upon written notice to "the user," its books, records, and computer devices to determine its compliance with this Agreement and its payment of applicable license fees, if any, to SWPANEL. In the event that such audit reveals an underpayment by "the user" of more than five percent (5%) of the license fees owed to DeepThink in the audited period, or that "the user" has breached any term of this Agreement, then, in addition to any other rights and remedies DeepThink may have, "the user" shall promptly pay DeepThink any insufficient payment plus the cost of the audit and all expenses incurred in connection therewith.
3. License Fees 3.1.Obtaining and Activating the License: SWPANEL will be available for use only after you receive one or more license keys. Such keys are obtained upon prior payment of the applicable fees, using the procedure set forth on the DeepThink website or on the website of an authorized distributor. 3.2.Payment and renewal terms: Licenses with specific terms require you to make payment before the contracted period begins. In addition, when renewing a term-based license, automatic billing may be made to the original payment method you used. Your license will automatically terminate without notice if you notify DeepThink in advance of your intention not to renew, or if you fail to make the renewal payment by the due date. 3.3.Refund policy: All payments made to obtain licenses are final. DeepThink will not issue refunds under any circumstances, except as expressly required by applicable law. By accepting this agreement, you understand and agree that after making payment, you waive any right or remedy to request a refund. 3.4.Conditions in case of downgrade: 3.4.1.If your license allows you to downgrade its category or duration, the adjusted rate will take effect on the first day of the next full calendar month after you make the change. 3.4.2. No refunds or pro-rated payments will be made for unused periods or for the use and resources associated with the license to which the downgrade has been applied. 3.5. Right of termination for misuse: DeepThink reserves the unilateral right to terminate your license without compensation if it detects unusual, suspicious, or potentially abusive use related to category or term change options (downgrade/upgrade). 3.6.Revocation of the Right of Withdrawal Given that SWPANEL is customized software, adapted and activated specifically according to the needs of "the user," "the user" expressly acknowledges and accepts that, once the software has been activated or delivered through personalized license keys, they will automatically lose the right of withdrawal provided for in European regulations. This exception to the right of withdrawal is based on the provisions of Article 16(m) of Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011, on consumer rights, as well as its transposition into Spanish law in Article 103. m of Royal Legislative Decree 1/2007, which approves the General Law for the Protection of Consumers and Users and other complementary laws. 3.6.1.By accepting this contract, you declare that you have been clearly informed about this exception and expressly waive the right of withdrawal from the moment you start using SWPANEL through the personalized activation of your license.
4. Term and termination 4.1.Start and duration of the Agreement: The Agreement comes into force from the moment you accept it or from the moment you download, install, access, or use SWPANEL, even if you have not formally accepted it. This Agreement shall remain in force until its expiration or termination, as specified in the Agreement itself. 4.2.Expiration of fixed-term licenses: Licenses that have a predefined term will automatically expire at the end of the prepaid period, unless you make the appropriate payments to renew or extend the term. 4.3.Automatic termination for breach: DeepThink may terminate this Agreement immediately and without prior notice if you breach any of the limitations or requirements described herein, including the payment of applicable fees. In such cases, you agree that DeepThink has the additional right to remotely deactivate SWPANEL, without prejudice to any other legal actions it may take. 4.4.Voluntary termination by "the user": You have the right to voluntarily terminate the Agreement at any time. To do so, you must notify DeepThink of your decision, requesting the cancellation of the license(s) for your Device(s) through the "user" account on the SWPANEL website at go.swpanel.com. 4.4.1.Upon requesting the cancellation of the license, SWPANEL will cease to be operational on your Device. 4.4.2.As a user of SWPANEL SaaS (the website go.swpanel.com), you will always have access to it and will be able to continue managing other licenses if you have them. The website go.swpanel.com will continue to maintain the "user" account active with a record of all history for at least a period of 10 years of inactivity. 4.5.Obligations after termination or expiration of the Agreement: Once this Agreement has been terminated or has expired for any reason, you expressly agree to: 4.5.1.Uninstall SWPANEL from your Device(s). 4.5.2.Return to DeepThink SWPANEL all associated documentation, existing copies, and license keys you have received. 4.5.3.If you do not return these materials, you must destroy them completely and provide DeepThink with written confirmation certifying that such destruction has been carried out. 4.6.Cancellation of the license and termination of services. In the event of cancellation, expiration, or termination of the SWPANEL license for any reason, "the User" expressly agrees and acknowledges that all services, features, resources, and tools provided by SWPANEL that are installed, configured, or running on their Device will immediately cease to be operational. These services can only operate under a valid, active, and properly validated license. Once the license is canceled or expires, "the User" will automatically lose the right to use any component of SWPANEL, and all associated software will cease to operate without further notice. 4.6.1.The SWPANEL license requires periodic and continuous online validation, performed through the SWPANEL SaaS platform (accessible from https://go.swpanel.com). If this validation does not occur, whether due to a connection failure, revocation of the license, or any other cause, the software and all associated tools on the "User's" Device will be automatically deactivated. 4.6.2.No functionality, service, tool, or resource provided by SWPANEL is designed to operate without a valid, active, and correctly verified license. Therefore, it is expressly stated that the existence of an active license is an essential requirement for the technical functionality of the software. 4.6.3.SWPANEL incorporates automatic mechanisms for constant verification of the license status. If any irregularity is detected, such as expiry, revocation, non-payment or cancellation of the license, the system will automatically proceed to the total and immediate deactivation of all the software's functionalities. For more information, "the User" may consult the provisions of Annex I: Non-Payments, Returns and Payment Claims. 4.7.Suspension of service due to non-payment. In the event that "the User" fails to pay for the license or its renewal for any Device on which SWPANEL is installed, the software will be automatically blocked as a precautionary measure until the payment situation is regularized. This measure is immediate, irrevocable while the non-payment persists, and necessary to ensure the legality of the use of the software. 4.7.1.During the suspension period, "the User" will not be able to access or use SWPANEL on any of the devices on which it is installed. This restriction will remain in effect until "the User" has paid the outstanding amounts in full. DeepThink will make the SWPANEL SaaS platform (https://go.swpanel.com) available to "the User," where they can check their status, issue invoices, and make payments using the enabled methods. 4.7.2."The User" declares that they have been informed of and expressly accept this condition. Likewise, they exempt DeepThink from any liability, damage, loss, or claim arising from the suspension of the service due to non-payment. "The User" acknowledges that this situation is a direct consequence of their breach of the financial obligations assumed in this contract, and undertakes to hold DeepThink harmless against any action, claim, or damage that may arise from this cause.
5. Indemnification 5.1.Indemnification obligation. "The User" expressly agrees to indemnify, defend, and hold harmless DeepThink, as well as its officers, directors, employees, representatives, subsidiaries, and business partners, from any claim, demand, legal action, judicial or extrajudicial proceeding, damage, loss, penalty, fine, harm, or liability of any nature, including those arising from: 5.1.1.The improper, unlawful, or unauthorized use of SWPANEL or any of its components (in any of its versions: SaaS, Self-Hosted, mobile applications, etc.); 5.1.2.The violation of the terms of this Agreement or any of its Annexes; 5.1.3. Failure to comply with any applicable law, regulation, rule or provision, whether national or international; 5.1.4. Infringement of third-party rights, including, but not limited to, intellectual property rights, privacy, data protection, trade secrets or trademarks; 5.1.5.Any action, omission, or negligence on the part of "the User," its employees, agents, suppliers, subcontractors, or any third party accessing SWPANEL under its account, control, or authorization. 5.2.Scope of indemnification. The indemnification obligation includes, but is not limited to: 5.2.1.Reimbursement of all reasonable costs incurred by DeepThink for its legal defense, including attorneys' fees, court costs, expert witness fees, and other professional expenses; 5.2.2.Compensation for any direct or indirect damage caused to DeepThink or third parties; 5.2.3.Payment of any fines, penalties, or compensation arising from administrative or judicial decisions. 5.3.Conditions of defense. DeepThink reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by the User. In such a case, the User agrees to cooperate fully and diligently with DeepThink in the preparation of the defense and in providing any necessary evidence, documentation, or testimony. The User may not enter into any out-of-court settlements or accept any liability on behalf of DeepThink without the prior express written consent of DeepThink. 5.4.Duration of the obligation. The indemnification obligation shall remain in effect even after the termination, resolution, or expiration of this Agreement, as long as the claims arise from events that occurred during its term.
6. Third-Party Software 6.1.Definition and scope of Third-Party SWPANEL: SWPANEL may contain components or services from third parties ("Third-Party Software"), which together with the main SWPANEL are referred to as the "Package." These components are subject to specific and different terms ("Third-Party Terms"). 6.2.Information about third-party terms: Details about these specific terms are indicated in the "Notices.txt" file included in the documentation provided (if applicable). Additionally, this information is also available on the official website: www.swpanel.com. 6.3.Use of Third-Party SWPANEL: You may use Third-Party SWPANEL included in the Package provided that such use complies with and is consistent with the terms of this Agreement. However, you may have additional rights under the Third-Party SWPANEL's own license terms. 6.4.No imposition of additional restrictions: This Agreement does not intend to impose additional limitations or restrictions on the use of Third-Party SWPANEL beyond those set forth in its own specific terms and conditions. 6.5.Compatibility and interoperability: The SWPANEL provided may allow interoperability with third-party operating systems or applications.
7. Limited warranty, disclaimer, and limitation of liability 7.1.Limited warranty: DeepThink warrants that it has the necessary rights to grant the license for SWPANEL and that the software will perform substantially in accordance with the official documentation for a minimum period of 90 days from the date of purchase. 7.2.Disclaimer of Warranties: Except for the limited warranty set forth above in Section 7.1, DeepThink provides SWPANEL and its documentation "as is," without any other warranties of any kind. DeepThink makes no other express, implied, or statutory warranties, including, without limitation, warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, title, or non-infringement of third-party rights. DeepThink also does not warrant that SWPANEL will meet all of the "user's" expectations or that its operation will be uninterrupted, timely, secure, or error-free. Furthermore, DeepThink does not warrant that all errors in the software will be corrected, nor does it guarantee compatibility with future DeepThink products. "The user" assumes all risk regarding the selection, quality, performance, and results of the use of SWPANEL, including the possible loss, corruption, or destruction of data stored or transmitted through the software. 7.3.Limitation of Liability: DeepThink shall not be liable to "the user" or any third party related to "the user" for any indirect, incidental, consequential, special, or punitive damages, including, without limitation, loss of profits, business interruption, loss of business information, loss or corruption of data, or other financial losses. This limitation applies regardless of whether the claim is based on an Agreement, warranty, civil liability (including negligence) or any other legal theory, even if DeepThink has been previously informed of the possibility of such damages. In no event shall DeepThink's total cumulative liability arising out of any claim related to this Agreement exceed the total amount paid by "the user" for the SWPANEL license during the twelve months prior to the incident giving rise to the claim. These limitations shall apply even if any remedy provided fails of its essential purpose. 7.4.Legal exceptions: Some jurisdictions may not allow the exclusion or limitation of certain warranties or liabilities. In such specific cases, the limitations and exclusions provided in this section shall apply to the maximum extent permitted by the applicable law in such jurisdiction.
8. General Conditions 8.1.Feedback. If "the user" provides any ideas, comments, suggestions, materials, information, opinions, or other input to DeepThink ("Feedback"), regardless of any accompanying communication, DeepThink has no obligation to review, consider, or implement your Feedback, all such submissions are made on a non-confidential basis, DeepThink and its successors and assigns have the unconditional and unlimited right to use, reproduce, modify, and disclose such feedback without any compensation or attribution, and "the user" waives and agrees not to assert any so-called "moral rights" that they may have in the feedback. 8.2.Applicable law and choice of forum. This Agreement shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. Any claim or dispute arising out of or in connection with this Agreement shall be resolved in the applicable courts located in Girona, Spain. To the fullest extent permitted by law, "the user" hereby accepts the jurisdiction and venue of such courts and waives any objection to the jurisdiction or venue of such courts. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 8.3.Severability. If any term or provision of this Agreement is held by any judicial or administrative authority to be invalid or unenforceable in any particular situation, such holding shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement or the validity or enforceability of the offending term or provision in any other situation. To the extent possible, the provision shall be interpreted and applied to the greatest extent legally permissible to effect the original intent, and if such interpretation or application is not legally permissible, it shall be deemed severable from the Agreement. 8.4.Survival. Articles 2, 5, 7, and 8 of this Agreement and all of its Sections shall survive the termination or expiration of this Agreement, regardless of the cause of termination or expiration, and shall remain valid and binding indefinitely. 8.5.Headings. The headings of the Articles and Sections contained in this Agreement are included for reference purposes only and shall not affect the meaning or interpretation thereof. 8.6.No waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of a breach hereunder shall not be deemed a waiver by such party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. 8.7.Modification. DeepThink reserves the right, in its sole discretion, to modify this Agreement from time to time by posting an updated version of the Agreement at www.swpanel.com, provided that disputes arising under this Agreement shall be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We recommend that you review the posted Agreement from time to time to be aware of any changes. Substantial changes to these terms will become effective upon (i) your first use of SWPANEL with actual knowledge of such change, or (ii) 30 days after the modified Agreement is posted at www.swpanel.com, whichever occurs first. In the event of a conflict between this Agreement and the most recent version of this Agreement posted at www.swpanel.com, the most recent version will prevail. The use of SWPANEL by "the user" after the effective date of the amended Agreement constitutes "the user's" acceptance of the amended Agreement. If you do not agree to the changes made to SWPANEL, it is your responsibility to terminate this Agreement in accordance with Section 4. 8.8.Taxes. "The user" shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are collected or imposed in connection with the transaction contemplated by this Agreement, excluding income taxes on DeepThink's net profits. "User" shall reimburse DeepThink for the amount of such taxes or duties paid or incurred directly by DeepThink as a result of this transaction, and ‘User’ agrees that DeepThink may charge such reimbursable taxes to the payment instrument used for its initial payment. 8.9.Export Controls. "The user" may not use, export, re-export, import, sell, or transfer SWPANEL except as authorized by the laws of the jurisdiction in which you obtained SWPANEL and by any other applicable laws and regulations. "The user" represents and warrants that (i) they are not located in a country subject to international embargo or designated by a European government or the US government as a ‘terrorist-supporting’ country; and (ii) they are not listed on any prohibited or restricted party list of the European, US, or Japanese government. You also acknowledge that SWPANEL may be subject to other European, US, or Japanese laws and regulations governing the export of software by physical and electronic means. "You" agree to comply with all European, US, and Japanese laws applicable to DeepThink, as well as any end-user, end-use, and destination restrictions imposed by the European, US, or Japanese governments. "The user" also agrees not to use SWPANEL for any purpose prohibited by the laws of Europe, the US, or Japan, including, without limitation, the development, design, manufacture, or production of nuclear missiles or any form of weapons. 8.10.US Government Rights of Use. SWPANEL and any related technical data, including manuals and documentation, are considered commercial items as defined in the US Federal Acquisition Regulation (FAR) 2.101. In the event that SWPANEL is acquired by or on behalf of an agency, department or entity belonging to the United States Government ("Government"), the use, duplication, reproduction, distribution, modification, disclosure or transfer of the software and related technical data shall be expressly restricted in accordance with the terms and conditions specified in this agreement and as provided in FAR 12. 212 for civilian agencies and Defense Federal Acquisition Regulation Supplement (DFARS) 227.7202 for military agencies. Any use not expressly contemplated in this agreement is strictly prohibited.