GENERAL TERMS AND CONDITIONSMobaXterm Professional Edition
Version dated May 28, 2022

1. FIELD OF APPLICATION
The present general conditions (the "General Conditions") define the conditions under which thecompany MOBATEK, a limited liability company with a capital of € 3.000 whose registered office islocated at 15 chemin de la Crabe, 31300 Toulouse - FRANCE, registered with the Trade andCompanies Register of Toulouse under no. 502.869.258 ("MOBATEK"), will grant the Customer(collectively the "Parties") a License or several Licenses to the Software and will provide the relevant
Update.
These General Conditions shall apply automatically and in full to any License and Update Order madeon the Website and shall prevail over any purchase conditions of the Customer which are
unenforceable on MOBATEK.

2. DEFINITIONS
Under these General Conditions, the terms listed hereinafter shall have the following meanings:
Customer:means any physical or legal person, acting as Consumer or not, who hasplaced an Order.

Order:

means the Customer's acquisition of one or more Licenses to the Software
and/or the associated Update from MOBATEK.

Consumer:means any physical person who acts for purposes which are not within thescope of his/her commercial, industrial, craft, liberal or agricultural activity.

Personal Data:

means any information related to an identified or identifiable physicalperson.

Customer Area:

means the interface reserved for Customers and accessible to the latter bymeans of the access codes provided by MOBATEK during the Order
Confirmation, in order to enable them to access the page containing thedownload link as well as the Software License key.

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Force Majeure:means an event beyond the control of a party which could not be reasonably
foreseen by the latter at the time of the conclusion of the present agreement
and the effects of which cannot be avoided by appropriate measures,
including in particular blockage, disruption, congestion of telecommunication
networks, poor quality of electricity, natural disasters, lightning, flooding,extreme weather, acts of terrorism, fire, explosions, earthquakes, war,
insurrections or disturbances of public order, strikes and labor disputes ofany kind, acts or decisions of the government or other relevant regulatory
authorities, or compliance with them.

License:means the license to use the Software granted by MOBATEK to the Customer.

Software:means the "MobaXterm Professional Edition" software published by
MOBATEK.

Update:means the corrective and upgrading update service for the Software provided
by MOBATEK to the Customer within the framework of an Order.

Website:means the website operated by MOBATEK accessible at the address<mobatek.net>, as well as its sub-domains <mobaxterm.mobatek.net>,<download.mobatek.net>, <blog.mobatek.net> and <ccc.mobatek.net>.

3. SOFTWARE LICENSE CONDITIONS
3.1. Description of the Software
The Software includes many features that allow the user to access and manage remote computing
environments within a single application running on a Windows operating system.
In particular, the Software allows its user, via a tabbed terminal:- to remotely manage several distance sessions (SSH, RDP, VNC, XDMCP, FTP, SFTP, etc.);- to have an X server, and various network tools (packet manager, port analysis, SSH tunnel,etc.);- to remotely control computers running Unix and Windows operating systems.
Detailed specifications of the Software and its features are presented on the Website.
While ensuring the greatest care and accuracy in the information posted online relating to theSoftware, MOBATEK shall not be held liable in the event of non-substantial errors contained in said
information, which the Customer acknowledges and accepts.
Customers further recognize having received from MOBATEK sufficient information to ensure thecompatibility of the Software with their equipment (hardware, configurations, etc.) and thesuitability of its features to their needs as determined by themselves. MOBATEK will not be held
responsible in the event of incompatibility of the Software with the equipment and/or the needs of
the Customer, which the Customer acknowledges and accepts.

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3.2. Conditions of use
The License is granted per end user (physical person) and not per computer.
The Customer is therefore obliged to purchase a number of Licenses equal to the number of end
users (physical persons) who are required to use them, even in the case of non-simultaneous use.
Consequently, and by way of example:- The Customer is authorized to purchase a single License to use the Software when used by asingle end user, even if it is installed on three different computers.
- The Customer must purchase fifty Licenses to use the Software if it is used by fifty end users,
even if installed on a single computer.
3.3. License duration
MOBATEK grants the Customer an irrevocable right to use the purchased Software version, even if
the Customer does not renew the Update service at maturity.
3.4. Intellectual property
The Software and each of its components (such as its structure, organization and source codes) and
its documentation available on the Website are protected worldwide by the intellectual property
rights and personality rights in force or any other law, and are, unless otherwise stated, the exclusive
property of MOBATEK or are used with the authorization of their holder or under a License
agreement.
Nothing in this License shall be construed as expressly or implicitly conferring any intellectual
property rights of any kind with respect to the Software, its components and/or its content.
3.5. Updates
Pursuant to Article 4 General Conditions herein, MOBATEK may release new versions of the Softwarein order to improve it, remove or add new features or resolve bugs from earlier versions.
Any new version of the Software will replace the previous version and remains subject to thisLicense, as well as to these General Conditions.
3.6. Verification
MOBATEK is entitled to verify at any time that the Customer complies with this License.
As a result, Customers (company or physical person) who have placed their Order as a corporationagree to:- implement internal procedures to prohibit any copy, distribution or unauthorized use of the
Software;- keep a folder describing the installed, copied or used Software;

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-provide to MOBATEK, at its request, a written certification of the versions and the number of
installed Software;

In the event that this verification reveals that the Customer installs or uses (or has at any time
installed or used) the Software for a greater number than the Software purchased, MOBATEK shall beentitled to invoice the Customer for the supplementary Licenses at a price equal to three (3) times
the normal price of the License.
3.7. Third-party components and plugins
The Customer acknowledges and agrees that the Software uses the following third-party componentsthat are distributed under their own Licenses:- Jedi VCL (<http://jvcl.delphi-jedi.org>, <http://jvcl.sourceforge.net>), under License MPL v1.1,- Graphics32 (<http://graphics32.org>) under License MPL v1.1,- DCPCrypt (<http://www.cityinthesky.co.uk/>) under License MIT,- SynEdit (<http://sourceforge.net/projects/synedit>) under License MPL v1.1,- LanManager Unit (<http://www.delphi-jedi.org/>) under License MPL v1.1,- MobaFont, based on DejaVu font (<http://dejavu-fonts.org>) under SIL Open Font License,- MobaFanta Font, based on Fantasque Sans Mono font(<https://github.com/belluzj/fantasque-sans>) under SIL Open Font License,- MobaFira Font, based on Fira Code font (<https://github.com/tonsky/FiraCode>) under SIL
Open Font License,- FastMM (<http://fastmm.sourceforge.net>), under License MPL v1.1,- TChromeTabs (<https://github.com/norgepaul/TChromeTabs>) under License MPL v1.1,- Crystal Clear Icons (<http://www.everaldo.com/crystal>) under License LGPL v2.1,- Oxygen Icons (<https://github.com/pasnox/oxygen-icons-png>) under License LGPL v2.1,- Nuvola Icons (<http://www.icon-king.com/projects/nuvola/>) under License LGPL v2.1,- Drag and Drop (<http://melander.dk/delphi/dragdrop/>) under License MPL v1.1,- MoTTY, based on PuTTY (<http://www.chiark.greenend.org.uk/~sgtatham/putty/>) underLicense ZPL,
- Simon Tatham Puzzle games (<http://www.chiark.greenend.org.uk/~sgtatham/puzzles/>)
under license MIT,- Dlfcn-win32 (<https://github.com/dlfcn-win32/dlfcn-win32>) under License LGPL v2.1,- Libwinpthread (<http://sourceforge.net/projects/msys2>) under License ZPL,
- Mesa (<http://www.mesa3d.org>) under License MIT,- MinGW-w64-runtime (<http://mingw-w64.yaxm.org>) under License Mingw-w64 runtime,- GCC runtime (<https://gcc.gnu.org>) under License GCC runtime library exception,- MobaX, based on Xorg (<http://www.x.org>) under License ZPL.
Some additional plugins may be used to enhance the Software, which are also distributed under theirown Licenses, which the Customer recognizes and accepts. These plugins can be consulted at<mobaxterm.mobatek.net/plugins.html> or through the MobApt Package Manager available within
the Software.

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3.8. Permissions
3.8.1.

Right of analysis

The Customers and/or end users (physical persons) on whose behalf they act, have the right toobserve, study or test the functioning of the Software in order to determine the ideas and principles
which are the basis of the Software, when performing the loading, display, execution, transmission orstorage of the Software.
3.8.2.

Right of decompile or disassemble

The Customer and/or end users (physical persons) on whose behalf they are acting are authorized todecompile or disassemble the Software, reproduce the code or translate the form of the Software
Code for the sole purpose of making the Software interoperable with other software; the decompile
or disassemble of the Software for any other purpose being formally prohibited.
However, before performing any act of decompile or disassemble, the Customer shall inform
MOBATEK of his/her intention. MOBATEK will then have a period of fifteen (15) days to confirm its
consent according to the intentions of the Customer. The Customer must therefore formally refrainfrom any act of decompile or disassemble during this period.
3.8.3.

Backup copy

The Customer and/or end users (physical persons) on whose behalf he/she is acting, are authorized
to each make a single copy of the Software for backup and archiving purposes only and on condition
that any copy of such identification mark and any intellectual property rights notice as may appear
on the original software will be reproduced on this copy.
3.9. Restrictions
Subject to the aforementioned authorizations and the reservations provided for hereinafter, theCustomer and/or the end users (physical persons) on whose behalf he/she acts, is/are not authorized
and may not authorize third parties to:- cede the Software without the express prior written consent of MOBATEK;- use, copy, or transfer the Software except as expressly permitted by this License;- distribute the software without the prior express consent of MOBATEK;- rent, lend, sub-License or otherwise deal in the Software;- translate the Software;- remove, change, hide any identifying mark or any intellectual property rights or otherproprietary notices in the Software;- modify, adapt, merge, disassemble, decompile the Software in any way.
This list is merely indicative and not exclusive of any act of the Customer and/or end users (physicalpersons) on whose behalf he/she acts, which could infringe the ownership rights of MOBATEK.

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4. SOFTWARE UPDATE CONDITIONS
4.1. Description of the Update service
MOBATEK provides a Software update service to the Customer
MOBATEK will make available to the Customer any updates to the Software that may be published by
MOBATEK, to improve the Software, remove or add new features, or resolve some bugs from earlier
releases.
MOBATEK will provide to Customers, on their dedicated page of their Customer Area, an electronic
download link and a license key for any new version of the updated Software, identifiable by meansof a new identification number; accompanied by a presentation of the new features and functionalityof this new version, which will also be presented on the MOBATEK blog accessible at the address<blog.mobatek.net>.
MOBATEK reserves the right to accept or reject any modifications of the Software including in theevent of an explicitly deferred malfunction. Furthermore, MOBATEK reserves the right to add and theright to remove features of the Software.
4.2. Duration of the Update service
The Update service is by default valid for a period of one (1) year from the date of receipt of theOrder Confirmation. The Customer can request to have a longer Update service by contacting
MOBATEK.
In the sixty (60) days prior to the expiry of the term of the Update service, MOBATEK will send emails to the Customer asking if he/she wishes to renew this service for an additional one (1) year.
The e-mail will mention the price of the renewal and the terms of payment.
In the absence of an express renewal of the Update service, it will automatically terminate and theCustomer will no longer have access to the page containing the download link as well as the License
key of the Software on the Customer Area. The Customer will therefore be required to download theSoftware and retain his/her License Key in the event of a subsequent installation of the Software
upon expiration of the Update service.

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5. ORDER
5.1. Order Placement
In order to place an Order, the Customer shall be invited to visit the Website accessible at<mobaxterm.mobatek.net/subscription.html>, then to select from the drop-down list created for thispurpose:- country of domicile;- the preferred currency, Euro (EUR) or Dollar (USD);- the capacity under which the Customer purchases the Software, either as an individual or
corporation.
Where the country stated is a member country of the European Union, and the Customer indicatesotherwise acting as a legal entity, the Customer is also requested to provide his/her intra-Community
VAT number if he/she has such a number.
The Customer is then asked to indicate the quantity of Licenses he/she wishes to purchase as part ofhis/her Order; it being specified that the Customer is obliged, in accordance with the terms of theLicense, to purchase a number of Licenses equivalent to the number of end users (physical persons)required to use them, even if not used simultaneously.
Finally, Customers are asked to enter into the invoice form provided for this purpose, their identity
and their contact details (company name, first name, last name, postal address, city, postal code,
country, e-mail address) so that MOBATEK can prepare the invoice corresponding to their Order andsend by e-mail the Order Confirmation to the contact details given in this way.
If the Customer wishes the Software to be downloaded by another person or at a different address
than the one indicated on the billing form, the Customer is also requested to complete the end-userform provided for this purpose.
At any time during the execution of the Order, and in particular after completing all theaforementioned forms, the Customer acknowledges that it is possible for him/her:- to obtain detailed information about the Software that is the subject of the Order;- to check the quantity of Licenses ordered and their unit price;- to verify the total amount of his/her Order, depending on the quantity of Licenses ordered
and any applicable taxes.
5.2. Order Validation
After having verified their Order summary as well as the accuracy of the information indicated in theforms provided for this purpose, Customers must, in order to finalize their Order, take note of these
General Conditions and declare acceptance of them without restriction or reserve by clicking on the
check box provided for this purpose.

The Customer must then choose to:Page | 7-proceed directly to the Order payment, by clicking on the "Buy Now" button (an "InstantPurchase"); or
request a quotation corresponding to the Order, by clicking on the button " Request a quote"(a "Quotation Request").

5.2.1.

Instant PurchaseIn the case of an Instant Purchase, Customers are redirected to the online payment platform PayPal,in order to carry out the cash payment of their Order.
Customers are then invited to choose (depending on his/her country and as defined by Paypal):- to log into and make the payment through PayPal, or- to pay directly by credit or debit card.
In the latter case, the Customer must fill in the PayPal form provided for this purpose, entering theinformation relating to his/her credit or debit card (card number, expiry date, security code, firstname and surname of the holder), billing address (postal address, city, postal code, country) andcontact information (telephone, e-mail).
After verifying the total amount of the Order and the accuracy of the information entered into the
PayPal form, the Customer must, in order to validate the Order, make the payment by clicking on the"Pay" button. The Customer acknowledges that with this click, he/she authorizes PayPal to debit the
total amount of his/her Order from his/her credit or debit card or PayPal Account, as the case maybe.
By express agreement, payment of the Order implies the Customer's full and complete acceptance of
these General Conditions.
5.2.2.

Quotation Request

Within the framework of a Quotation Request, the Customer receives as soon as possible, at theelectronic address provided during Order placement, a quotation corresponding to his/her Order(the "Quotation"), which notably includes the applicable taxes and charges in accordance with Article
6 of these General Conditions.
Any Quotation is valid for the period indicated in the latter and failing that for thirty (30) days
following its date of issue.
The Customer must send to MOBATEK, during the corresponding validity period, the signed
Quotation or a purchase order containing the Quotation information to the e-mail address
indicated therein.
By express agreement, acceptance of the Quotation implies the Customer's full and complete
acceptance of these General Conditions.

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5.3. Order Confirmation
After payment of the Order has been confirmed by PayPal with MOBATEK in the context of an
Instant Purchase, or after the Purchase Order has been received and accepted by MOBATEK,
an e-mail (the "Order Confirmation") is sent to the Customer within twenty-four (24) toforty-eight (48), to the e-mail address provided by the latter when placing the Order. No
physical documents / media will be sent by postal way.
The Order Confirmation contains in particular:- the Order invoice (the "Invoice");- the access codes to the Customer Space, and thus to the page containing the download link
as well as the Software License key.
Within the framework of a Quotation Request, the Customer has a period of thirty (30) days fromthe date of receipt of the Order Confirmation to pay the total amount of his/her Order, bybank transfer to the account of MOBATEK whose references are indicated in the Invoice.
Failing receipt of the Order Confirmation within the aforementioned time limits, the Customer isinvited to contact MOBATEK customer service in accordance with Article 10 hereof, after having
ascertained that the Order Confirmation was is not filtered as spam or junk in his/her e-mail system.
The Customer must also notify MOBATEK Customer Service immediately by the contact details
mentioned in Article 10 of these General Conditions, of any errors and/or omissions
contained in the Order Confirmation.
By retaining the Order Confirmation and/or by printing it, Customers hold a proof of the Order which
MOBATEK recommends that they keep. In addition, the Customer has the possibility to access thehistory of his/her Order and the corresponding Invoice by simple request to MOBATEK customer
service in accordance with Article 10 hereof.
5.4. Order Delivery
5.4.1.

Delivery Mode

In addition, Customers have the option to access their Order history and the corresponding Invoiceby simple request to MOBATEK customer service during Order Confirmation.
Failing this, or in the event of problems accessing the page containing the download link of the
Software or if the download link provided is not functional, the Customer is invited to contact
MOBATEK customer service in accordance with Article 10 hereof.
5.4.2.

Delivery Zone

Subject to the following paragraph and Article 5.4.3 hereinafter, the Software may be ordered by any
Customer from anywhere in the world to the extent that he/she is not subject, at the date of these
General Conditions, to an export restriction that requires a license.

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However, the Software may not be ordered for Customers domiciled in countries subject to US
embargo at the date of the Order. It is Customers' responsibility to verify, before any Order, that they
are not domiciled in such a country. By using the Software, the Customer represents and warrants
not being domiciled in such a country.
5.4.3.

Export limits

Due to its dual-use nature, which may include both civilian and military uses, the Software may besubject to national and international export control laws and regulations.
In the event that the Software is subject to an export restriction, MOBATEK may refuse the Order of a
Customer who is domiciled in a country covered by said restriction.
The Customer also undertakes to comply with all applicable national and international laws andregulations concerning the Software, in particular with regard to export control.
The Customer acknowledges that he/she is liable for any damage caused to MOBATEK in the event of
non-compliance with said regulations.

6. PRICE AND PAYMENT CONDITIONS
6.1. Price
The prices of the Software License and the corresponding Update service are those indicated on theWebsite page accessible at the following address <mobaxterm.mobatek.net/subscription.html>.
These prices are indicated, according to the Customer's choice, in euros (EUR) or in dollars (USD), andexclude taxes or charges if applicable.
The VAT potentially invoiced by MOBATEK according to the capacity of the Customer, natural personor legal entity and its country of domicile, is provided for in the relevant Order.
For all Customers domiciled outside the European Union, the price of the Order will be calculated
without tax, each of these Customers being responsible for the declaration and payment of VAT,
customs duties, local taxes, import duties or other taxes payable in their country.
For any Customer having made a Quotation Request, an additional fee justified by the method of
payment used, amounting to twenty (20) euros or thirty-five (35) dollars according to the currency of
payment preferred by the Customer, are charged by MOBATEK in case of payment by bank transfer.
MOBATEK reserves the right to change its rates at any time and without incurring any liability. This
amendment will come into force on the date of publication of the new rates on the Website.
MOBATEK also reserves the right to pass on any new taxes or charges that it may be required tocollect or pay in connection with the sale of the Software Licenses and the corresponding
Maintenance.

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Any prices, taxes and fees invoiced to the Customer by MOBATEK are those in effect on the Website
and in these General Conditions on the day the Order is placed.
6.2. Payment Conditions
To settle their Order, Customers have the following means of payment:- Credit or debit card (those accepted by PayPal including Visa, MasterCard, American Express,
Discover) and PayPal account as part of an Instant Purchase,- Bank transfer as part of a prior Quotation Request.
Payments by any other means (cheques, cash, etc.) are not authorized by MOBATEK.
Customers guarantee MOBATEK that they have the necessary authorizations to use the method of
payment they chose when validating their Order.
In the framework of an Instant Purchase, MOBATEK delegates management of the Order payment
process to its online payment service provider PayPal. The security of payment is based on theconfidentiality of all the data provided by the Customer to PayPal during the payment process. To
ensure this security, PayPal uses reputable encryption techniques and complies with the various
applicable banking regulations.
In the context of a prior Quotation Request, the Customer may make the payment by banktransfer. In this case, management of the Order payment process is carried out by the
Customer's bank.
In this way, no banking information concerning the Customer is transmitted via MOBATEK. In
addition, MOBATEK cannot be held liable in the event of problems related to payment by banktransfer, credit or debit card or the PayPal account used during the payment process, which theCustomer acknowledges and accepts.
Whatever the payment method chosen by the Customer, MOBATEK reserves the right to suspend
the License or the Update service in progress and in particular to block the Customer's access to
his/her Customer Area and thus to the page containing the download link of the Software under theconditions set out in Article 14 of these General Conditions, in the event of delay or total or partial
default of payment at maturity of any sum that may be owed by the Customer to MOBATEK.
6.3. Charges and taxes
All costs incurred in connection with payments (such as taxes, compulsory levies, customs clearance
fees, withholding tax and bank charges) directly charged to the Customer and invoiced in theircountry or through intermediaries shall be borne solely by the Customer.
If the law requires the Customer to deduct or withhold taxes on sums due under the License or
Update service (such as withholding tax), the amounts owed by the Customer, identified by thelatter, shall be increased accordingly, in such a way that the MOBATEK shall receive an amount equal
to the amount it would have received without such a deduction or withholding.

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In the event of late payment of sums owed by the Customer beyond the stipulated period of
payment, late payment penalties shall be automatically owed by the Customer, without any
formalities, at a rate equal to that charged by the European Central Bank for its most recent
refinancing operation increased by 10 percentage points and applied to the whole of the amounts
due including all taxes.
In addition, the Customer in a delayed payment situation will automatically owe, in respect of
MOBATEK, a lump sum indemnity for recovery costs of € 40. If the recovery costs incurred are
greater than this amount, MOBATEK may request additional compensation upon justification.

7. RIGHT OF WITHDRAWAL
In addition to the guarantee provided for in Article 13.1 of these General Conditions, a Customer
having the status of Consumer has a period of fourteen (14) clear days to exercise his/herright of withdrawal on his/her Order without having to justify reasons or pay penalties, withthe exception of any refund fees applied by PayPal or by the bank to MOBATEK. This periodruns from the date of receipt of the Order Confirmation.
To exercise its right of withdrawal, the Customer must inform MOBATEK of its decision by means ofan unequivocal declaration or of the form below, before the expiry of said period, using the contact
details mentioned in Article 10 of these General Conditions.
The Order reimbursement is made as soon as possible and at the latest within fourteen (14) days
following the date on which the right of withdrawal has been exercised. Reimbursement shall be
made, as far as possible, via the same method of payment as that used for the Order, i.e. payment
into the Customer's PayPal account or into the bank account used at the time of payment.
This right of withdrawal for the benefit of any Customer having the status of Consumer isconditional on the uninstallation/destruction/termination of use of the Software ordered.
For this purpose, MOBATEK may request notification from the Customer in writing of its
commitment to destruction as a precondition for withdrawal.
Withdrawal form:
I hereby notify you of my withdrawal concerning the Order referenced below:
Order no.
_________________, covering ______ Software License(s)Name:_________________________________
Address:__________________________________________________________________
E-mail:_________________________________

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8. PERSONAL DATA
8.1. Processing of personal data collected
To execute the Order, MOBATEK is obliged to collect, via forms, personal data concerning theCustomer. If the Customer does not wish to provide the information requested by MOBATEK andmarked with an asterisk (*) as being mandatory, MOBATEK will not be able to process the Customer'sOrder. MOBATEK commits itself to collect only Personal Data strictly necessary to the execution of an
Order and therefore these General Conditions.
The personal information collected shall be subject to computer processing intended for MOBATEK,
and are necessary for recording, processing and tracking Orders. These collected Personal Data aretreated in accordance with the “loi informatique et liberté" of 6 January 1978 of French law, and with
the General Data Protection Regulation (GDRP) 2016/679 of the 27 th of April 2016, taking into force
on the 25th of May 2018.
Collected Personal Data are deleted after three (3) years from the end of the business relationship.
MOBATEK can proceed to an archiving of certain Personal Data to answer legal or regulatory
obligations. These Personal Data are deleted when the reasons justifying the conservation is nolonger necessary or appropriate.
In accordance with the legislation, the Customer has a right of access, of rectification to personal
data concerning him/her. The Customer has also the right of opposition, for legitimate reasons,object to the processing of data concerning him/her when these Personal Data are not essential tothe execution of an Order and these General Conditions, and also has a right of his/her Personal Data
portability.
The entire Personal Data is stored inside the European Union. MOBATEK will inform the Customer incase of an incident related to the Personal Data.
Any Customer who proves his/her identity may exercise his/her rights of access, modification,
deletion or portability of his/her Personal Data, by contacting MOBATEK using the following contact
details:
By the contact form:<mobaxterm.mobatek.net/contact.html>

By e-mail:contact@mobatek.net

By post:

MOBATEK SARL
Personal data
15 chemin de la Crabe
31300 TOULOUSEFRANCE.

These Personal Data may be disclosed to MOBATEK's third-party technical service providers, involvedin the progress of the Order (including the PayPal online payment service provider) who engaged

Page | 13themselves to treat them as per MOBATEK’s instructions, only for the (final) purpose of their task,
also guaranteeing their confidentiality, security and conservation.
On the other hand, this information shall in no way be provided to third parties providing nontechnical services such as external marketing or advertising companies.
8.2. Accuracy of information provided
The Customer undertakes to provide up-to-date, complete and accurate information in the forms
provided for this purpose when placing and validating the Order and agrees to update thisinformation as soon as possible after they change, directly from his/her Customer Area or through
MOBATEK customer service using the contact details specified in Article 10 of these General
Conditions.
MOBATEK shall not be held liable in any way whatsoever if the information provided by the
Customer, in particular during Order placement and validation, is inaccurate, incomplete or obsolete
and/or does not allow MOBATEK to process his/her Order, and/or leads to a delay in the delivery of
the Order Confirmation; which the Customer acknowledges and accepts.

9. SECURITY AND ACCESSIBILITY
9.1. Access codes
The access codes provided to the Customer by MOBATEK during Order Confirmation are strictly
confidential and therefore must not be disclosed to third parties, other than employees or workers
who need to know them as end users (physical persons), in accordance with Article 12 herein.
Customers are entirely responsible for their access codes and any activity taking place in their
Customer Area. Customers agree to immediately notify MOBATEK of any unauthorized use of their
Customer Area or any other breach of Website security that they may have knowledge of.
MOBATEK shall not be held liable for any damage suffered by the Customer as a result of use by anyother person of his/her access codes and/or his/her Customer Area, whether or not the Customer
has knowledge of this use; which the Customer acknowledges and accepts. The Customer's liability
may be incurred if MOBATEK or third parties suffer damage resulting from use by any other person of
his/her access codes and/or his/her Customer Area.
MOBATEK reserves the right to change all or part of the Customer's access codes, for technical or
security reasons. The Customer will then be informed by e-mail.
9.2. Accessibility of the Website and the Customer Area
The right of access and use of the Customer Area is strictly limited to the duration of the current
Update service.

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However, the Customer acknowledges and agrees that access to his/her Customer Area andtherefore to the page containing the download link and license key of the Software:- may be suspended and removed by MOBATEK under the conditions set out in Article 14 ofthese General Conditions,- will be automatically removed by MOBATEK on the expiry date of the Update service, unlessrenewed under the conditions set out in section 4.1 herein.
The goal of MOBATEK is to provide access to the Website and to the Customer Area twenty-four (24)hours a day, seven (7) days a week (7).
However, access to the Website and the Customer Area may be suspended at any time and without
notice, in particular as a result of accidents, breakdowns or paralysis of the network, as well as thenecessary maintenance and correction operations for updating and maintaining the Website and theCustomer Area; which the Customer acknowledges and accepts.
MOBATEK shall inform the Customer, to the extent possible, of the existence and duration of thesuspension. MOBATEK shall endeavor to carry out such maintenance and correction operations attimes when the Website is least used; it being specified that impossibility of access to the Customer
Area does not interfere in any way with use of the Software.
MOBATEK shall take reasonable security measures to ensure the physical protection of the Website
and the Customer Area. The Customer undertakes not to impede access to and the proper
functioning of the Website and the Customer Area in any way whatsoever, especially by means offraudulent computer activities capable of damaging them.
MOBATEK shall not be held liable for any events or damages beyond its control which could arise andwhich could damage the Customer's computer environment used to access the Website and theCustomer Area.

10. CUSTOMER SERVICE
In the event of problems with the Order, problems of access to the page containing the Software
download link or if the download link provided is not functional, the Customer is invited to contact
MOBATEK customer service using the following contact details:
By the contact form:<mobaxterm.mobatek.net/contact.html>

By e-mail:contact@mobatek.net

By post:

MOBATEK SARL
Customer Service
15 chemin de la Crabe
31300 TOULOUSEFRANCE.

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11. INTELLECTUAL PROPERTY OF THE WEBSITE
The Website and each of its components (such as texts, photographs, trademarks, logos, illustrations,animations, graphic representations, diagrams, videos, domain names, source codes, etc.) areprotected worldwide by the intellectual property rights and personality rights in force or any otherlaw, and are, unless otherwise stated, the exclusive property of MOBATEK or are used with theauthorization of their holder or under a License agreement.
Reproduction of any material published on the Website is authorized solely for the purposes of
information for strictly personal, domestic, educational and private use and provided that no change
is made to the Website content and that the trademarks and components protected by a copyrightare kept intact.
However, reproductions of the MOBATEK logo, screenshots and descriptions of the Software
available on the Website are permitted, provided that the source is clearly and legibly marked asfollows: "This document originates from the website <mobaxterm.mobatek.net>. Reproduction rights
are reserved and strictly limited." The internet address of the Website must be included in thereference. For any other use, the express and prior agreement of MOBATEK must be requested.
Any other use of all or part of the Website and/or its contents, in any way whatsoever, including bydownload, reproduction, transmission, representation, distribution, display, dissemination,
integration to a derivative work and any copying of this content for other purposes, in particularpublic and/or commercial purposes or any alteration of the whole or part of the Website are strictly
forbidden, save with the express and prior consent of MOBATEK.
Nothing in these General Conditions and, where applicable, in any Special Conditions shall be
construed as conferring any License or any other right to the Website, its components and/or its
content, either explicitly or implicitly.

12. CONFIDENTIALITY
Each of the Parties is obliged:- to keep confidential any information considered as such that it may receive from the otherParty in the execution of these General Conditions (the "Confidential Information");- not disclose the Confidential Information of the other party to any third party, other thanemployees or agents who need to know them as end-users (physical persons) and,
consequently, to undertake to ensure compliance with this commitment by the latter- to use the Confidential Information of the other party only to exercise its rights and fulfill its
obligations under these General Conditions.

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13. GUARANTEE AND LIABILITY
THE TERMS OF THIS ARTICLE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
MANDATORY REGULATIONS. MOBATEK PROVIDES THE CUSTOMER WITH THE PROTECTION AND
ADVANTAGES PROVIDED BY ANY REGULATIONS OR ANY APPLICABLE LEGAL GUARANTEE.
13.1.

Guarantee

For a period of thirty (30) days from the date of receipt of the Order Confirmation, MOBATEK
guarantees the Customer that the Software shall function correctly and be executed in accordancewith the documentation provided on the Website, when used as directed by MOBATEK.
This warranty shall not apply if the failure of the Software results from failure to comply with theconditions of use prescribed by MOBATEK, modification of the Software and its technicalcharacteristics, abnormal use, viruses, negligence or accident or where the version of the Software
used is not the latest version available.
In order to assert its rights under this guarantee, the Customer must explain in detail to MOBATEK
the defect found and enclose with his/her request a proof of purchase of the defective Software.
The liability of MOBATEK and Customer's exclusive remedy under this guarantee is limited, at theoption of MOBATEK, to:- replacement of the defective Software (by providing a new download link for the Software in
the Customer Area if available), or- refund of the price paid on the Order for the purchase of the afore-mentioned Software.
Any replaced Software is covered by this warranty for the remaining period of the original warranty.
The Software shall be reimbursed as soon as possible and no later than thirty (30) days after the dateon which the right to the guarantee has been exercised. Reimbursement shall be made on the
proposal of MOBATEK by payment into the Customer's PayPal account or into the bank account usedat the time of payment.
13.2.

Liability

Any implied guarantee, including any guarantees of merchantability or fitness for a particular use or
purpose, is limited by the express guarantees of these General Conditions.
MOBATEK shall in no event be liable to the Customer or any third party for the occurrence of any
indirect damage whatsoever resulting from computer viruses and/or related in particular to the useof the Software, the Website or the internet, Customer Area, such as loss of profits, data or
information of any kind, uncompleted savings, trouble or action directed against the Customer by athird party, even if MOBATEK has knowledge of the possibility of such damages, which the Customer
acknowledges and accepts.
Concerning provision of the Update service, the obligations of MOBATEK are obligations of means,

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and in no case of result.
In any circumstances, the liability of MOBATEK to the Customer for direct damages (whether thesedamages have a negligent or contractual cause) may not in any case exceed the amount of the pricepaid by the Customer for the License giving rise to the action.
Finally, the liability of MOBATEK may under no circumstances be sought for any use of the Software
contrary to these General Conditions or any applicable national and international laws andregulations, as well as in case of fraudulent use of the Software by the Customer.

14. SUSPENSION - TERMINATION
14.1.

Termination for breachIn the event of a breach by the Customer of one of his/her contractual obligations as defined in these
General Conditions and, where applicable, the Particular Conditions, not repaired within eight (8)days following a written notice of default in question, MOBATEK may automatically terminate thecurrent License(s) and the associated Update service, without any formality, and without prejudice toany damages and interest which MOBATEK may claim.
14.2.

Suspension

In the event of a breach by the Customer of one of his/her contractual obligations as defined in these
General Conditions not repaired within eight (8) days following a written notice of failure in question,
MOBATEK may suspend the License(s) in progress and the associated Update service, and inparticular block the Customer's access to his/her Customer Area and thus the page containing theSoftware download link.
MOBATEK may re-initiate access to the License and the Associated Update service subject to full andcomplete reparation for the breach that gave rise to the suspension.
14.3.

Subsistence

The expiration or termination of the License or the Update service shall in no way affect the rights or
obligations of any party under any provision of these General Conditions by its meaning and context,
intended to subsist after such expiration or termination, including in particular by virtue of Articles
3.3, 3.4, 11, 12 and 13.

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15. FORCE MAJEURE
In case of occurrence of a Force Majeure event, fulfillment of the obligations assigned by the lattershall be automatically suspended, with the party concerned being obliged to inform the other party
in writing as soon as possible after the occurrence of the event.
In the event of Force Majeure of more than sixty (60) days, the License or the Update service willautomatically terminate without compensation of any kind whatsoever.

16. GENERAL PROVISIONS
16.1.

Non-waiver

The fact of MOBATEK not exercising or enforcing or delaying exercise of any right or provision ofthese General Conditions shall not constitute a waiver of such right or provision. Any waiver shall beeffective only if it is expressed in writing by MOBATEK.
16.2.

Autonomy

If any of the provisions of these General Conditions are found to be unnecessary or without object
and/or void or unenforceable under any legal or regulatory provision or judicial decision that has
become final, such provision shall be deemed to be unwritten and interpreted in compliance with theapplicable legislation to reflect the initial intentions of MOBATEK, without invalidating the otherprovisions.
16.3.

Entirety

These General Conditions and any rules or instructions published online regarding the License andthe Software Update shall constitute the entirety of the applicable contractual arrangements
between the Customer and MOBATEK.
16.4.

Amendments

MOBATEK reserves the right to amend the present General Conditions at any time, without notice,and in its sole discretion. In addition, the General Conditions applicable to the Customer will be thosein force at the time of Order placement.
16.5.

CessionUnless otherwise authorized by MOBATEK, the Customer is expressly forbidden to assign or transmit
to any third party, even gratuitously, all or part of the rights and/or obligations that it holds of these
General Conditions.

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MOBATEK is entitled to assign, transfer or otherwise dispose of its rights and obligations under these
General Conditions, in whole or in part, at any time and without notice.

17. APPLICABLE LAW
THE PRESENT GENERAL CONDITIONS AS WELL AS PURCHASE AND SALE OPERATIONS RESULTING
THEREFROM ARE EXCLUSIVELY REGULATED BY FRENCH LAW, without application of the rules relating
to conflicts of laws and this regardless of the country of execution of the Order.

18. DISPUTES
18.1.

Complaints

For any complaint concerning his/her Order, the Customer is invited to contact MOBATEK customer
service using the contact details specified in Article 10 of these General Conditions.
18.2.

Mediation

In the event of a persistent problem that has not been resolved by MOBATEK customer service,
Customers having the status of Consumer may have recourse to any competent mediation service
which will try, independently, to reconcile the Parties in order to reach an amicable solution.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up
anonlinedisputeresolution
platform
accessibleatthefollowing
address<https://webgate.ec.europa.eu/odr/>, to collect any complaints from Consumers following an online
purchase and then forward them to the competent national mediators.
18.3.

Competent courts

In the absence of an amicable agreement between the Customer and MOBATEK, and for any disputeof whatever nature to which these General Conditions and the resulting purchase and saletransactions give rise, THE PARTIES EXPRESSLY RECOGNISE THE EXCLUSIVE JURISDICTION OF THE
COURTS OF THE REGISTERED OFFICE OF MOBATEK, INCLUDING FOR PREVENTIVE PROCEEDINGS,
EMERGENCY PROCEEDINGS, INTERLOCUTORY PROCEEDINGS, INTRODUCTION OF THIRD PARTIES,APPLICATION OR MULTIPLE RESPONDENTS.

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