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END USER LICENSE AGREEMENT

Throughout the website the term EMPARLES refers to JOAQUIN TORRES
BAUMGARTNER NIF 05412925-J

www.emparles.com; EmparlesTM

This End User License Agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety Please note that the Agreement constitutes a legally binding agreement between you and EMPARLES, a Spanish business which owns and operates the Internet site found at www.emparles.com (the "Site").

Introduction

Please note that the Site is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the EMPARLES Servers or the Site from jurisdictions from which it is illegal to do so.

You shall use the Site together with your unique Username ("Username") and unique and secret password ("Password") known only to you, to access the EMPARLES Servers (the "Servers") in order to use the data housed on the Servers (the "Data").

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Agreement

  1. GRANT OF LICENSE. Subject to the terms and conditions contained herein EMPARLES grants the User a non-exclusive, personal, non-transferable right to use the Site in order to utilize the Data. You must pay the EMPARLES commission on every EMPARLES Credits transaction to use the Site.
  2. NO WARRANTIES. EMPARLES disclaims any and all warranties, expressed or implied, in connection with the Site and the Data, all of which are provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Site and the Servers will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.
  3. PROHIBITED USES. The User may not attempt to modify, decompile, reverse-engineer or dissassemble the Site in any way. The Site is intended solely for your personal use.  You may not rent, lease, or lend the Site use.  EMPARLES reserves the right, exercisable at its sole discretion, to prohibit the use of the Site or access to the Servers by any User.
  4. LIMITATION OF LIABILITY. Under no circumstances, including negligence, shall EMPARLES be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business or personal profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the accessing the Site or the Servers, even if EMPARLES had prior knowledge of the possibility of such damages.
  5. SECURITY The User agrees that he/she is solely responsible for all use of the Site through his/her Username and Password. The User is obliged to keep his/her Username and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Username or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
  6. TERMINATION. Without prejudice to any other rights, EMPARLES may immediately terminate this Agreement if you fail to comply with the terms and conditions contained herein. In such event, you must destroy all of your copies of the Software.
  7. AMENDMENT. EMPARLES reserves the right to change this Agreement at any time with or without notice and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.
  8. GOVERNING LAW The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of Spain. Each party irrevocably agrees that the relevant courts of Spain shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.  The User shall be liable for any and all costs and attorney fees incurred by EMPARLES as a result of the User's violation of this Agreement.
  9. SEVERABILITY. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

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