End-User License Agreement

CSS SOFTWARE, a trademark of CSS SOFTWARE – FZCO (“CSS”), acting on behalf of the www.css.aero web store, addresses the following End User License Agreement (“Agreement”) to any person or group thereof, represented personally or through legal counsel, that has expressed the will to purchase Digital Products (“User”).

TERMS AND DEFINITIONS

Public Offer – the public offer, published at https://css.aero/and addressed to a certain person or group thereof, which is quite definite and expresses the intention ofthe person making the offer to consider themselves as having entered an agreement with a recipient, who will accept the offer.

Acceptance — the response of a person indicative of the full and unconditional, irrevocable acceptance of the offer, by means of placing an order and completing payment of a Digital Product in accordance with this End User License Agreement.

Digital Product/ Product – the object of the agreement between the Sides, not having a physical form, which exists only in a digital format. The list of Product names, the truthful and up-to-date information about the main properties of the Product, including information about any additional properties, comprising a complete description of the Product, is available at https://css.aero/ .

Acceptance of the Agreement – the act of installing the CSS Launcher on the User’s computer and purchasing a Digital Product of choice by the User, clearly indicating that the User has read in full, understood and unconditionally accepts the terms of this Agreement, its Appendices available at https://css.aero/ , and is considered having joined the Agreement.

Acceptance of the Agreement and payment as set forth by the Agreement constitutes a Contract for the provision of services, including a right to access the Digital Product. The Agreement does not require signature to remain valid.

User – a person, who does not have any legal restrictions on the Acceptance of this Agreement, acting on their own behalf and in their own interests, or on behalf of other persons (guaranteeing that they have legal grounds to do so), that accesses the Website, any functions and/or features of the Website, the CSS Launcher, or the Digital Product. If the User has not reached the Age of Majority in their country of residence, by accepting this Agreement, the User assures that they have permission from their legal guardian to accept the Agreement and perform transactions.

CSS Launcher — a computer program (installer), through which the User accesses Digital Products.

Subscription — the provision to the User, in accordance with this Agreement, of access to the Digital Product for a fee for a limited time.

Tariff – a set of rules, published on the CSS Website, for calculating CSS’s fees for the non-exclusive Digital Product rights and Services provided to the User.

Account – a section of the Launcher, unique to every User Account, access to which is carried out by authorization, i.e. by entering following Registration data by the User, specified during the Registration procedure: email address and confirmation code.

User Account – a digital identifier, allowing Users to access purchased Digital Products.

1. SUBJECT OF THE AGREEMENT

1.1. In accordance with this Agreement, CSS provides the Users that have Accepted the Agreement a Service of providing a non-exclusive, non-transferrable right of access (License) to the Digital Product, in the manner and terms stipulated in this Agreement and its Appendices, while the User agrees to accept the Service in accordance with the terms of this Public Offer.

1.2. CSS reserves the right to make changes to this Agreement and its Appendices, which take effect once published at https://css.aero/, and do not require any prior notification (notice, agreement) of the Users. New revisions of the Agreement is valid both for new and existing Users.

1.3. Acceptance of the Public Offer is defined as the Acceptance of the Agreement, as well as the following actions: Downloading the CSS Launcher and Purchasing CSS’s Digital Products according to the current pricing.

1.4. The volume of the provided Services, their duration and provided access rights (number of licenses) for Digital Products, and the amount of Payment towards CSS, are defined by the Tariff as selected by the User in the CSS Launcher.

1.5. Actions described in section 1.3. are considered to be an unconditional acceptance by the User of the terms described in this Agreement in regards to processing data, including the Privacy Policy.

1.6. The User understands that the Acceptance of the Public Offer in accordance with section 1.3. constitutes entering a Contract for the provision of services on conditions listed in the Public Offer. This Offer also constitutes a Licensing Agreement.

1.7. In order to gain access to the Digital Product, the User must perform the following:

1.7.1. Download the CSS Launcher from https://css.aero/ ;

1.7.2. Gain access to the CSS Launcher by means of signing up;

1.7.2. Choose a Digital Product and perform a purchase as set forth in the Public Offer.

1.8. Access to the Digital Product is provided to the User immediately after the purchase is processed through the CSS Launcher. A delay of up to 48 hours between the moment of purchase and provision of access to the Digital Product is possible.

1.9. CSS is not responsible for the improper performance of this Agreement in case the User provides false information.

1.10. The exclusive rights to the Website, the CSS Launcher, the Digital Product including any accompanying materials and copies, any graphic images, photos, documents, additional software integrated into the Website, Launcher or the Digital Product, as well as other objects of copyright, unless otherwise noted, belong to CSS and are retained by it after the conclusion of this Agreement.

1.11. The exclusive rights to Digital Products belong to and are retained by their respective owners and are not transferred under the Agreement.

1.12. The maximum number of Users who have access to the Digital Product is defined in accordance with CSS’s Tariff.

1.13. The User is granted time-limited, non-exclusive and non-transferable rights to use the Digital Products. The duration of these rights is defined in accordance with the Tariff.

1.14. The transfer of rights to the Digital Products or the provision of Services in accordance with this Agreement is not subject to any mandatory government registration, licensing or certification.

1.15. It is prohibited for the User to decompile and/or disassemble Digital Products.

1.16. It is prohibited for the User to rent, lease or lend Digital Products.

1.17. When quoting materials from the Website, the CSS Launcher or the Digital Product (including copyright protected material) it is required to provide a link to the CSS Website.

1.18. CSS shall not be responsible or bear any liability for the User’s Internet access quality or speed, or for the User’s technical possibility to access the Internet, the related software, hardware and its quality.

1.19. CSS shall not be responsible or bear any liability for any delays, failures, improper or untimely delivery, the deletion or loss of any user data or other information provided by the User to CSS, including through the use of the CSS Launcher.

1.20. CSS shall not be responsible or bear any liability for any losses, forced interruptions in business activity, loss of user and other data, expenses (actual, indirect, mediated), incidental losses, lost profits, lost income caused by and/or related to the Use of the Digital Product by the User.

2. GENERAL DESCRIPTION OF THE CSS LAUNCHER FUNCTIONALITY

Users that have Accepted this Agreement gain access to both functions and features of the Website and Launcher described within this Agreement, as well as any other functions and features actually available to the User when using the Digital Product (excluding errors), whose implementation in the manner provided by CSS allows their purpose to be determined (assumed).

2.1. Sign-Up procedure

Sign-Up is achieved by the User entering their e-mail address. After signing up, an e-mail containing the Launcher confirmation code is sent to the address.

2.1.1. Upon successful completion of the Sign-Up procedure, the User is granted a User Account and the Account becomes accessible.

2.1.2. The e-mail address and confirmation code are the necessary and sufficient information for the User to access the CSS Launcher. The User is prohibited from sharing their e-mail address and confirmation code to third parties, and is solely responsible for their safety and choosing their storage method.

2.2. Account

The Account allows a User who has completed the Sign-Up process to use the features, offered Services and/or access information included in the appropriate sections of the Account, in accordance with the Agreement and its Appendices. If the User has not proven otherwise, any action using their e-mail address and confirmation code is considered to have been made by the User. In case of unauthorized access to the User’s e-mail address and confirmation code, or the disclosure of the e-mail address and access code, the User must immediately report it to CSS by appropriate means.

3. CONDITIONS OF THE SERVICE, PRICING AND PURCHASE INFORMATION, DIGITAL PRODUCT USE RESTRICTIONS

3.1. In their Account, the User chooses a Tariff which determines the cost for access to CSS’s Digital Product, as well as the main conditions of the Service, the list of Digital Products and other conditions. The User agrees to provide payment in exchange for non-exclusive rights to access and use Digital Products.

3.2. The User interacts with the Digital Product by means of remote access to CSS’s servers. The User may use the Digital Product after purchasing it in accordance with the chosen Tariff. For access to the Digital Product by means of remote access to CSS’s servers, the User may use a personal computer.

3.3. The Cost of the Services and non-exclusive rights to the Digital Product, which are provided by CSS in accordance with the Public Offer, is determined by the Tariff, chosen by the User, which is active at the time of access to the Services and the Digital Product.

3.4. Payment for Services and non-exclusive rights to the Digital Product must be performed in full prior to granting the User access to the Digital Product.

3.5. Payment for the provided Services is performed by the User using available payment methods listed on the CSS Website, including listed third-party payment services.

3.6. The Purchase date is considered to be the date of receipt of funds by CSS.

3.7. Services provided to the User are subject to payment for the entire term of this Agreement, regardless of the actual use of the Digital Product.

3.8. The User accepts that the credited funds may only be spent on CSS’s Services and are not subject to any refund, even if this agreement is terminated.

3.9. CSS bears no responsibility for the inability to use the Digital Product for reasons outside of their control, such as by fault of the User’s Internet Service Provider or by malfunction of the User’s device.

4. PRIVACY POLICY, DATA PROCESSING

4.1. The User provides their consent for CSS to process any data provided when filling out any sign-up form and during other interactions with the Digital Products.

4.2. User Data is any data provided to CSS by the User during sign-up and any other interactions with CSS.

4.3. The User shall not provide Digital Product access to third parties, and bears full responsibility for the third parties’ actions in they do provide such access.

4.4. The User bears full liability (including monetary) for the disclosure of confidential data, if it arose as a result of the loss or provision of Digital Product access to third parties, regardless of the User’s degree of fault.

5. RIGHTS AND RESPONSIBILITIES OF THE PARTIES

5.1. CSS must:

5.1.1. Act openly, in good faith, not violate the provisions of this Agreement.

5.1.2. Make every effort to provide uninterrupted Digital Product access to the User as set forth by this Agreement.

5.1.3. In case of technical issues on CSS’s side that would impede the User’s normal use of the Digital Product, CSS shall take all measures possible at the given moment to resolve the issues as soon as possible.

5.1.4. Carry out round-the-clock monitoring of server availability and take timely measures to resolve any technical issues.

5.2. CSS may:

5.2.1. Suspend the provision of access to the Digital Product (or its certain functions and/or services) to the User as set forth by this Agreement in case of technical issues or for maintenance, modifying, upgrading, updating the Digital Product, or in case of Internet connectivity issues (including server-side), in case of acts of God or other unpredictable circumstances. Thus, CSS does not guarantee any certain functionality of the Digital Product and is not liable for a partial or complete unavailability of any certain functionality.

5.2.2. Unilaterally refuse to provide Services and/or non-exclusive rights to the Digital Product without prior notification of the User in case the User violates the law and/or terms of Digital Product use or this End User License Agreement.

5.2.3. Unilaterally change the conditions on which the Services are provided.

5.2.4. Perform routine pre-planned equipment maintenance, including server maintenance, at prescribed times, mostly at 19.00-01.00 UTC. In cases of technical necessity, CSS may perform unplanned equipment maintenance, including server maintenance, at a different time.

5.3. The User must:

5.3.1. Provide payment for the Services and Digital Product access in accordance with the chosen Tariff.

5.3.2. Comply with the terms of this Agreement and not violate any copyright or other rights while using the Digital Product, not perform any actions which may result in the degradation or disabling of the technical copyright protection means, including by using software or “multiplexing” or any other means that change their operation. The User must not use Digital Products with removed or altered technical copyright protection means.

5.3.3. Not disclose or transfer to third parties any data that can be used to log in to the CSS Launcher or CSS’s servers.

5.3.4. Ensure their own client-side technical ability to use the Digital Product, including but not limited to: Internet access, http and ftp protocol software and other required means.

5.3.5. Ensure the relevance of this Agreement and its Appendices and acquaint themselves with any changes made to it. The User’s failure to familiarize themselves with this Agreement and/or changes made to it or its Appendices cannot serve as grounds for the User’s failure to fulfill their obligations and comply with the provisions and restrictions of this Agreement. The actual use of the Digital Product by the User after changes have been made to the terms of this Agreement constitutes the User’s Acceptance of the Agreement and its new terms.

5.3.6. Fulfill other obligations as set forth by this Agreement, its Appendices or the applicable law.

5.4. The User may:

5.4.1. Freely access the Digital Products that they have paid for in accordance with the chosen Tariff.

5.4.2. At any time, refuse to use the Digital Product and make a request for the deletion of any User Data from CSS’s servers. No refunds are made for any prepaid fees.

5.4.3. Contact CSS’s Technical Support by means of e-mail. CSS Technical Support accepts User support requests round the clock.

6. LIABILITIES OF THE PARTIES, RESOLUTION OF DISPUTES

6.1. CSS and the User, taking into account the nature of the provided Services, agree to resolve any disputes arising from the provision of Services out of court by means of negotiation or correspondence. If this is not possible, disputes shall be settled according to UAE law.

6.2. Claims of the Parties may be sent to each other by e-mail. The consideration period is 30 business days from the date of the receipt of the claim.

6.3. CSS shall be released from liability for full or partial failure to fulfill obligations under this Agreement if such failure is a consequence of an act of God, that is, extraordinary and unavoidable circumstances under the given conditions, including, but not limited to: mass riots, prohibitive actions of authorities, natural disasters, fires, catastrophes and other circumstances of force majeure, as well as power outages, global interruptions in the operation of the Internet, failures of routing systems, failures caused by cyberattacks, as well as other illegal actions of third parties.

6.4. Under no circumstances does CSS bear liability to the User and Third Parties for the disclosure of information that arose as a result of the User’s wrongdoing or became necessary at the legal request of authorized government authorities.

6.5. CSS does not acquire rights or bear any liability for transactions between the User and Third Parties, even if CSS and/or the Website and/or Digital Products were mentioned in those transactions, as well as if the Third Parties are also CSS’s Users or if the transactions are related to the use of the CSS Website and/or the Services received under this Agreement.

6.6. CSS does not guarantee compatibility of the Website and/or Digital Products with other software and hardware, with the exception of cases described in this Agreement.

6.7. CSS does not bear any liability for any possible illegal activity by the User or third parties.

6.8. CSS does not bear any liability for the User’s loss of ability to access the Website and/or Digital Product (loss of e-mail address, confirmation code or other information necessary for Digital Product use).

6.9. The Website, Digital Product and related Services are provided “AS IS”. CSS does not bear any responsibility in case the Website, Digital Products or related Services do not meet the User’s expectations, or for any issues arising from the use of the Digital Product or related Services (compatibility with other software, non-standard configuration, failure to meet the minimum system requirements, etc.).

7. FINAL PROVISIONS

7.1. This Agreement shall enter into for the User from the moment of their accession to it by expressing Acceptance of the Agreement and is concluded for the duration of the Tariff chosen by the User, or in terms of obligations – until the parties have fully fulfilled their obligations.

7.2. The recognition of any provision of this Agreement as invalid or unenforceable and its cancellation shall not affect the remaining provisions thereof, and such invalid/unenforceable provision shall be replaced by a valid/enforceable and legally significant provision that is as close as possible in its economic content, meaning and effect to the original version of the Agreement.

8. CONTACT INFORMATION

Company:

CSS SOFTWARE – FZCO

IFZA Business Park, DDP, PO Box 342001, Dubai, United Arab Emirates.