Enterprise Products End-User Licence Agreement 1.0

ACCEPTANCE OF THESE TERMS

These End‑User Licence Terms and Conditions (the “Agreement”) govern your access to and use of Bluefort’s Enterprise software products. By downloading, installing, accessing, activating, or using any Licensed Program, you agree to be bound by this Agreement. If you do not agree, do not download, install, access, activate, or use the Licensed Program. If you accept this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity. In that case, “Licensee”, “you” and “your” refer to that entity.

This Agreement is intended for business use.

This Agreement supersedes and replaces any prior end‑user licence agreement applicable to the Licensed Program, including Bluefort’s End‑User Licence Agreement version 4.0a.

1. DEFINITIONS

In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Agreement” means these Bluefort Enterprise Products End‑User Licence Terms and Conditions (Website Terms / EULA).

“AppSource” means Microsoft’s AppSource distribution channel (if applicable to a Licensed Program).

“Authorised Partner” means a third‑party partner that is authorised by Bluefort to (a) resell or distribute Enterprise Products and/or (b) provide first‑line support for Enterprise Products.

“Business Day / Service Hours” means Monday–Friday 09:00–17:00 CET/CEST, excluding Malta public holidays (used for Bluefort Support Services targets, if any).

“Direct Support” means product support services provided by Bluefort directly to the Licensee (and not via an Authorised Partner), subject to clause 2.9.

“Documentation” (or “Program Documentation”) means the operating manuals, user instructions, technical literature and other related materials that Bluefort makes available for a Licensed Program.

“Enterprise License Guide” means Bluefort’s Enterprise licensing guide as updated from time to time (available on Bluefort’s website or otherwise made available by Bluefort), which describes (among other things) Enterprise product licensing metrics, dependencies, prerequisites, and usage conditions.

“Intellectual Property Rights” means all vested, contingent and future intellectual property rights including but not limited to copyright, trade marks, service marks, design rights (whether registered or unregistered), patents, know‑how, trade secrets, inventions, get‑up, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created to which the Licensor may be entitled.

“Licensor” means Bluefort Limited; a company incorporated and registered in Malta with company number C 66163 whose registered office is at Ardent Business Centre, Oratory Street, Naxxar, NXR2504, Malta.

“Licensee” means the legal entity that accepts this Agreement and is authorised to use the Licensed Program, together with its personnel and contractors who are permitted to access or use the Licensed Program on its behalf (“Authorised Users”). References to “you” or “your” shall be construed accordingly.

“Licensed Program” means the Bluefort software product(s), modules, extensions, agents, connectors, and related components that (a) Bluefort designates from time to time as Enterprise products in the Enterprise License Guide and/or (b) are otherwise provided to you under an active subscription, including any Updates/Upgrades made generally available by Bluefort.

“License Key” means any files or codes which give access to the Licensed Program or enable its activation where technically required.

“Order” means the order details, subscription confirmation, entitlement record, marketplace transaction record, or other ordering mechanism under which you (directly or via an Authorised Partner) obtain rights to use the Licensed Program, including applicable subscription term, fees and (where applicable) support entitlements.

“Second‑Line Support” means the support services provided by Bluefort to an Authorised Partner (and not directly to the Licensee) for issues that are (i) reproducible and (ii) demonstrably directly attributable to the Licensed Program, subject to the support terms in clause 2.9.

“Support Services” means, as applicable, Direct Support and/or Second‑Line Support under clause 2.9.

“Support Ticket” means a support request submitted through Bluefort’s designated support ticketing system (or other method Bluefort designates).

“Qualified Partner Ticket” means a Support Ticket submitted by an Authorised Partner that satisfies the minimum evidence and qualification requirements in clause 2.9.6 (including clear replication steps and evidence that the issue is directly related to the Licensed Program).

“Subscription Term” means the initial and renewal term (if any) applicable to your rights to use a Licensed Program, as set out in the Order.

“Third‑Party Services” means third‑party platforms, services, plugins, ISVs, marketplaces, and providers that interoperate with or are used in connection with the Licensed Program.

“Update” means content related to the Licensed Program (including bug fixes, patches, policy updates, and database updates) made generally available by Bluefort.

“Upgrade” means improvements or new versions of the Licensed Program made generally available by Bluefort.

“Usage Telemetry” means usage and performance information about the Licensed Program (including, without limitation, version, environment identifiers, feature usage counts, and diagnostic events) used to improve quality and verify compliance.

2. GRANT OF LICENCE

2.1 The Licensor grants to the Licensee a revocable, non‑exclusive, non‑transferable, non‑sublicensable, limited license to install and use the Licensed Program, in accordance with this EULA and any usage instructions in the Program Documentation.

2.2 The Licensed Program is strictly confidential to the Licensor, and the Licensor exclusively owns and reserves all right, title, and interest in and to the Licensed Program, including, without limitation, all intellectual property rights in, except to the extent of license granted to the Licensee in terms of this Agreement.

2.3 This Agreement is not an agreement of sale, and no title, intellectual property rights, or ownership rights to the Licensed Program are transferred to the Licensee. Pursuant to this Agreement, the Licensed Program and all ideas, methods, algorithms, formulae, processes, and concepts used in developing or incorporated into the software, all future Updates and Upgrades, and all other improvements, revisions, corrections, bug-fixes, patches, modifications, enhancements, releases, DATs, signature sets, upgrades, and policy and database updates and other updates in, of, or to the Licensed Program, all derivative works based upon any of the foregoing, and all copies of the foregoing are trade secrets and the intellectual property of the Licensor.

2.4 The Licensee is licensed to use the Licensed Program only in accordance with this Agreement and the then‑current Enterprise License Guide. If they conflict, this Agreement governs.

2.5 Licensee grants the Licensor the right to collect and process usage and performance telemetry for the Licensed Program (e.g., version, environment, API calls) to improve quality and verify compliance. Telemetry is processed per Bluefort’s privacy notices; no payment card data is collected by Bluefort via telemetry.

2.6 The Licensed Program may be accessed and used only by the Licensee’s Authorised Users for the Licensee’s internal business purposes, and only as permitted by this Agreement and the Enterprise License Guide. The Licensee is responsible for its Authorised Users’ compliance with this Agreement. Any breach by an Authorised User is deemed a breach by the Licensee.

2.7 The Licensed Program may be distributed via Microsoft AppSource, Microsoft marketplaces, in‑product download flows, partner delivery, and/or other mechanisms made available by Bluefort from time to time. Bluefort may issue a License Key where technically required and may change activation and delivery methods from time to time.

2.8 Implementation; Partner Services; Bluefort Services. Unless Bluefort expressly agrees otherwise in writing, implementation, configuration, training, integration, and go‑live services are not included under this Agreement. Where such services are required, they may be provided either (a) by an Authorised Partner under a separate agreement between the Licensee and the Authorised Partner (“Partner Services”), or (b) by Bluefort under a separate written statement of work or services agreement. Bluefort is not a party to Partner Services agreements and is not responsible for Partner Services or any acts or omissions of the Authorised Partner.

2.9 Support Framework (Direct Support; Partner First‑Line; Bluefort Second‑Line)

2.9.1 Support Channel. The support channel for the Licensed Program depends on how the Licensee purchased the Licensed Program and/or what is specified in the Order:
(a) Direct Support: If the Licensee purchases the Licensed Program directly from Bluefort (and the Order does not identify an Authorised Partner as the primary support provider), Bluefort will provide Direct Support to the Licensee in accordance with this clause 2.9; or
(b) Partner‑Led Support: If the Licensee purchases the Licensed Program via an Authorised Partner, or the Order identifies an Authorised Partner as the primary support provider, the Authorised Partner provides first‑line support to the Licensee and Bluefort provides Second‑Line Support to the Authorised Partner only, in accordance with this clause 2.9.

2.9.2 Service Hours. Unless an Order specifies otherwise, Bluefort Support Services are provided during Service Hours.

2.9.3 Submission Method (Direct Support). Where Direct Support applies, the Licensee must submit Support Tickets through Bluefort’s designated support ticket system (or other method designated by Bluefort). Bluefort may request additional information reasonably required to diagnose and reproduce the issue.

2.9.4 Partner First‑Line Support (Partner‑Led Support). Where Partner‑Led Support applies, the Licensee must submit support requests to its Authorised Partner. Bluefort has no obligation to provide first‑line support directly to the Licensee and may redirect the Licensee to the Authorised Partner.

2.9.5 Bluefort Second‑Line Support to Partners (Partner‑Led Support). Where Partner‑Led Support applies, Bluefort will provide Second‑Line Support to the Authorised Partner only, and only for issues that are directly related to the Licensed Program, subject to the Qualified Partner Ticket requirements below.

2.9.6 Qualified Partner Ticket Requirements (Replicable Enterprise Product Bug). Bluefort is only required to engage on Second‑Line Support when the Authorised Partner submits a Qualified Partner Ticket. A ticket is “Qualified” only if, in the ticket description and attachments, the Authorised Partner clearly identifies and provides reasonable evidence that:
(i) the issue is reproducible; and
(ii) the issue is directly related to a defect/bug in the Licensed Program (and not to Third‑Party Services, platform outages, Licensee environments/data, or Partner Services/customisations).

A Qualified Partner Ticket must include, at minimum:
(a) the Licensed Program name/module, version, and deployment details;
(b) environment details necessary to troubleshoot (e.g., platform version(s), relevant configuration context);
(c) clear, step‑by‑step replication instructions (steps required to replicate the issue) and the preconditions required to reproduce it;
(d) expected versus actual results;
(e) relevant logs/telemetry/output (where available) demonstrating the issue; and
(f) the Authorised Partner’s triage notes and analysis showing why the issue is attributable to the Licensed Program (and not to Third‑Party Services, platform outages, Licensee environments/data, or Partner Services/customisations).

If the above information is not provided, Bluefort may request additional information and the ticket will not be treated as Qualified until Bluefort receives sufficient information to proceed. If an issue cannot be reproduced using the information provided, Bluefort may request further evidence or close the ticket until reproducible steps are provided.

2.9.7 Severity Levels. For Bluefort Support Services, severity is categorised as:
Sev‑1: System down or blocking issue with no reasonable workaround.
Sev‑2: Material degradation with a workaround available.
Sev‑3: Minor or cosmetic issue.

2.9.8 Handling Approach. Bluefort will use commercially reasonable efforts to:
(a) for Sev‑1, commence investigation promptly during Service Hours and work towards a workaround or corrective action;
(b) for Sev‑2, provide a fix/mitigation through a maintenance update or agreed release where commercially reasonable;
(c) for Sev‑3, backlog for future maintenance at Bluefort’s discretion.

2.9.9 Scope of Bluefort Support Services. Bluefort Support Services may include: triage; diagnosis; defect remediation; guidance on Updates/Upgrades/configuration; assistance during installation/Updates/Upgrades; and processing bug reports.

2.9.10 Exclusions. Bluefort Support Services exclude (without limitation):
(a) customised code, configurations, integrations, or extensions not delivered by Bluefort;
(b) new features or feature enhancements;
(c) outages or defects in third‑party platforms/services (including Microsoft services or Third‑Party Services) not supplied by Bluefort;
(d) training, performance tuning, capacity planning, or bespoke implementation work;
(e) issues caused by Licensee data, environments, security settings, or failure to install required Updates/Upgrades; and
(f) issues occurring on unsupported versions.

Bluefort may reasonably cooperate to help identify whether the root cause lies with a Third‑Party Service, the Licensee’s environment/data, Partner Services/customisations, or the Licensed Program.

2.9.11 Targets Not Guarantees. Any response targets or service levels for Bluefort Support Services (if stated in an Order) are targets only and not guarantees, and are measured during Service Hours. For Second‑Line Support, targets (if any) are measured from the time a ticket becomes a Qualified Partner Ticket.

2.9.12 Partner SLA. Where Partner‑Led Support applies, any first‑line support service levels are provided by the Authorised Partner under separate terms between Licensee and Authorised Partner, and not by Bluefort.

2.10 Supported Version: The Licensor will only support the latest generally available version of the Licensed Program; updates may be required to continue use.

2.11 Acceptance & Deployment: Production use of the Licensed Program constitutes acceptance of the Licensed Program in the form delivered by Bluefort (excluding Partner Services/customisations).

2.12 Licensing Metrics and Conditions. Licensing metrics, prerequisites, and product‑specific conditions (including, where applicable, tenant/user/environment metrics and dependencies on third‑party platforms) are described in the Enterprise License Guide and/or the applicable Order. The Licensee must comply with those requirements at all times.

3. PAID SUBSCRIPTION; FEES; RENEWAL

3.1 Subscription Requirement. Use of the Licensed Program requires an active paid subscription (unless explicitly stated otherwise in the Enterprise License Guide or an applicable Order). The Subscription Term is as stated in the Order.
3.2 Purchasing via an Authorised Partner. Where the Licensee purchases the Licensed Program via an Authorised Partner, the Licensee’s payment obligations (including invoicing, payment timing, and any partner fees for Partner Services) are governed by the agreement between the Licensee and the Authorised Partner. Bluefort is not responsible for Authorised Partner pricing, billing, collections, or Partner Services.
3.3 Condition of Use. The Licensee’s right to use the Licensed Program is conditional on the applicable subscription fees being paid for the Subscription Term (whether paid to Bluefort directly or via an Authorised Partner channel).
3.4 Auto‑Renewal. The subscription will renew for the renewal term specified in the Order unless cancelled in accordance with the Order or applicable partner cancellation process before the stated notice period.
3.5 Taxes. Fees are exclusive of VAT and other applicable taxes unless stated otherwise in the Order or invoice.
3.6 Non‑Refundable Fees. Fees are non‑cancellable and non‑refundable except as expressly stated in this Agreement or required by applicable law.
3.7 Late Payment (Direct Sales Only). Where Bluefort invoices the Licensee directly, any undisputed amount not received when due shall accrue interest at eight per cent (8%) per annum, accruing daily until paid in full, without prejudice to Bluefort’s other rights.
3.8 Price Changes. Pricing may change at renewal or on new orders. Where Bluefort contracts directly with the Licensee, Bluefort will provide reasonable notice of material pricing changes before renewal.

4. RESTRICTIONS ON ALTERATIONS

4.1 Subject to clause 4.2, the Licensee undertakes not to translate, adapt, vary, modify, disassemble, decompile or reverse engineer the Licensed Program or License Key without the Licensor’s prior written consent.
4.2 Notwithstanding clause 4.1 in the case of reverse analysis where permitted by applicable law, the Licensee may incidentally decompile the Licensed Program only if it is essential to do so in order to achieve interoperability of the Licensed Program with another software program or hardware (‘Permitted Purpose’) and provided the information obtained by the Licensee during such decompilation is only used for the Permitted Purpose and is not disclosed or communicated to any third party without the Licensor’s prior written consent and is not used to create any software which is substantially similar to the expression of the Licensed Program nor used in any manner which would be restricted by copyright.
4.3 Notwithstanding clause 4.1, the Licensee undertakes to first consult the Licensor regarding any data the Licensee requires in order to achieve interoperability or to deduce underlying ideas and principles so that the Licensor may consider making the same available to the Licensee (without the Licensee having to rely on clause 4.2) subject to the restrictions on disclosure set out in clause 4.2.
4.4 The Licensed Program must not be used to develop a competing product or to circumvent usage limits.
4.5 The Licensed Program must not be used in a manner that would require Bluefort to assume regulatory or compliance obligations that are not expressly agreed in writing (including, where applicable, payment industry or security standards). Where the Licensed Program interoperates with Third‑Party Services, the Licensee is responsible for ensuring it has appropriate rights to use those Third‑Party Services and for complying with their terms.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 The Licensed Program and the Intellectual Property Rights of whatever nature in the Licensed Program, or any part thereof, including any Update or Upgrade, are and shall remain the property of the Licensor, and any act in violation of the Licensor’s copyright in the Licensed Program, including but not limited to the reproduction, distribution, transmission, adaptation and/or modification of the Licensed Program or License Key, or the making available of the Licensed Program to the public (’Unauthorised Use’), shall constitute a breach of the Licensor’s Intellectual Property Rights, provided that the Licensee is allowed to perform any acts necessary to observe, study or test the functioning of the Licensed Program as long as these acts do not infringe the copyright in that program.
5.2 The Licensee shall notify the Licensor immediately if the Licensee becomes aware of any Unauthorised Use of the whole or any part of the Licensed Program by any person.
5.3 The Licensor shall defend at its own expense any claim brought against the Licensee alleging that the use of the Licensed Program infringes the Intellectual Property Rights of a third party (“Intellectual Property Claim”) and the Licensor shall pay all costs and damages awarded or agreed in settlement of an Intellectual Property Claim provided that the Licensee
(i) furnishes the Licensor with prompt written notice of the Intellectual Property Claim;
(ii) provides the Licensor with reasonable assistance; and
(iii) gives to the Licensor the sole authority to defend or settle the Intellectual Property Claim.
If an Intellectual Property Claim arises, the Licensor may: (a) procure the right for the Licensee to continue using the Licensed Program; (b) modify the Licensed Program to make it non-infringing; or (c) terminate the affected rights.
5.4 The Licensor shall have no liability for any Intellectual Property Claim resulting from the use of the Licensed Program in combination with any other software programs not supplied or approved by the Licensor.

6. WARRANTIES

6.1 Performance Warranty. For the duration of the Subscription Term, the Licensor warrants that the then-current generally available version of the Licensed Program, when used in accordance with the Program Documentation and this Agreement, shall conform in all material respects to the Program Documentation and be provided with reasonable professional care and skill consistent with generally accepted industry standards for similar software products and support services. The Licensor does not warrant that the Licensed Program will be uninterrupted or error-free. The Licensee shall promptly notify the Licensor of any non-conformity with reasonable particulars. The Licensor’s sole obligation and the Licensee’s exclusive remedy for breach of this warranty shall be for the Licensor, at its option and expense, to (a) remedy the non-conformity, (b) provide a workaround or functionally equivalent solution, or (c) if the foregoing are not commercially reasonable, refund the prepaid fees for the affected portion of the Licensed Program for the remaining unexpired Subscription Term and terminate the affected rights.
The foregoing warranty shall not apply to non-conformities caused by: (i) use of the Licensed Program not in accordance with the Program Documentation or this Agreement; (ii) modifications not made or authorised by the Licensor; (iii) use with third-party code, platforms or services not supplied or authorised by the Licensor (including Payment Providers); or (iv) failure to install required Updates/Upgrades.
All other warranties are disclaimed as set out in Clauses 6.2 and 6.3.
6.2 Third‑Party Providers. The Licensor makes no warranty regarding Third‑Party Services used with the Licensed Program; the Licensee must comply with those services’ terms.
6.3 No Professional Advice. The Licensed Program is not intended to ensure compliance with PCI DSS, PSD2/SCA, tax, accounting, or other obligations; Licensee remains solely responsible for its compliance.
6.4 Services Warranty: Bluefort will perform Support Services (Direct Support and/or Second‑Line Support, as applicable) with reasonable skill and care and in a professional manner consistent with industry standards. Bluefort gives no warranty for Partner Services, which are provided by the Authorised Partner under separate terms.

7. LIABILITY

7.1 In no event will the Licensor be liable for any damages resulting from loss of data or use, lost profits, loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of the use of the Licensed Program, whether such damages were reasonably foreseeable or otherwise.
7.2 The Licensee hereby expressly agrees that Bluefort’s maximum and total liability under this Agreement shall be limited to the subscription fees actually received by Bluefort for the affected Licensed Program in the twelve (12) months prior to the first incident giving rise to liability.
7.3 The Licensee’s statutory rights as a consumer (if any) are not affected. All liability that is not expressly assumed in this Agreement is excluded. These limitations will apply regardless of the form of action, whether under statute, in contract or tort including negligence or any other form of action. For the purposes of this clause, the ‘Licensor’ includes its employees, sub-contractors and suppliers. Nothing in this Agreement shall exclude or limit liability for fraudulent misrepresentation.

8. TERMINATION

8.1 The Licensee may terminate this Agreement by ceasing all use of the Licensed Program and cancelling its subscription in accordance with the applicable Order (and, where purchased via an Authorised Partner, in accordance with the Licensee’s agreement with the Authorised Partner). Uninstalling or removing the Licensed Program does not by itself cancel any paid subscription that is still in force.
8.2 The Licensor may suspend the Licensed Program and/or terminate this Agreement, in whole or in part, by written notice if:
(a) any undisputed amount of fees remains unpaid 10 days after written notice; or
(b) the Licensee commits a material breach of this Agreement or the Enterprise License Guide which, if remediable, is not cured within 15 days after written notice specifying the breach and the required remedy; or
(c) the Licensee becomes insolvent, enters into composition with creditors, or an analogous event occurs under applicable law.
Suspension shall be proportionate and limited to the scope reasonably necessary to address the breach or non-payment. Resumption shall occur promptly after cure.
8.3 No refunds shall be made except as expressly provided in Clauses 5.3 and 6.1.
8.4 There shall be no liability for any direct or indirect damage caused by the termination of this Agreement in terms of Clause 7.2 and/or 7.3.
8.5 On termination, Licensee must immediately cease use and uninstall the Licensed Program.

9. THIRD-PARTY SERVICES; PAYMENT PROVIDERS

9.1 The Licensed Program may interoperate with Third‑Party Services. Third‑Party Services are governed by their own terms, and Bluefort is not responsible for their availability, performance, security controls, or fees. The Licensee is solely responsible for onboarding, configuration, compliance, and any obligations imposed by Third‑Party Services or applicable law. Product‑specific Third‑Party Service dependencies (if any) are described in the Enterprise License Guide.

10. DATA PROTECTION

10.1 The parties will comply with applicable data protection laws. Bluefort processes Usage Telemetry in accordance with its privacy notice(s). To the extent Bluefort processes personal data on behalf of the Licensee when providing Second‑Line Support or other services, such processing will be governed by Bluefort’s Data Processing Agreement (DPA), made available by Bluefort, and incorporated by reference when applicable.

11. INTERPRETATION

11.1 In this Agreement unless the context otherwise requires:

11.1.1 words importing any gender include every gender;

11.1.2 words importing the singular number include the plural number and vice versa;

11.1.3 words importing persons include firms, companies and corporations and vice versa;

11.1.4 references to numbered clauses are references to the relevant clause of this Agreement;

11.1.5 references to any document incorporated by reference (including the Enterprise License Guide) are references to that document as updated from time to time in accordance with this Agreement;

11.1.6 the headings to the clauses and paragraphs of this Agreement will not affect the interpretation;

11.1.7 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment;

11.1.8 any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;

11.1.9 any party who agrees to do something will be deemed to fulfil that obligation if that party procures that it is done.

12. AGENCY, PARTNERSHIP

This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this Agreement.

13. ENTIRE AGREEMENT

This Agreement, together with (i) the applicable Order and (ii) the Enterprise License Guide, constitutes the entire agreement between the parties for the Licensed Program and supersedes any prior or contemporaneous terms relating to the Licensed Program, including Bluefort’s End‑User Licence Agreement version 4.0a.

Order of precedence (highest to lowest): (1) the applicable Order (only for commercial variables such as Subscription Term, fees, and any expressly stated support entitlements/support channel), (2) this Agreement, (3) the Enterprise License Guide.

Any separate agreement between the Licensee and an Authorised Partner governs Partner Services and partner pricing, and does not amend this Agreement.

14. FORCE MAJEURE

Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that party. If such circumstances continue for a continuous period of more than three (3) months, either party may terminate this Agreement by written notice to the other party.

15. NOTICES

15.1 All notices under this Agreement shall be in writing.
15.2 Notices shall be deemed to have been duly given:

15.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

15.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or

15.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

15.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid, in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other party.

15.2.5 when displayed in‑product or via AppSource messaging, upon display.

16. CHANGES TO THE AGREEMENT

16.1 Bluefort may update this Agreement from time to time by posting an updated version on its website (or by in‑product notice, where applicable). The “Last updated” date will indicate when changes take effect. If a change is material, Bluefort will use reasonable efforts to provide notice (e.g., by email or in‑product notice). Continued use of the Licensed Program after the effective date of the updated Agreement constitutes acceptance. If the Licensee does not agree to the updated Agreement, it must stop using the Licensed Program and cancel its subscription at the end of its then‑current Subscription Term (subject to any Order/partner terms).

17. SEVERANCE

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

18. WAIVER

No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.

19. LANGUAGE

This Agreement is made only in the English language. If there is any conflict in the meaning between the English language version of this Agreement and any version or translation of it in any other language, the English language version shall prevail.

20. PROPER LAW AND JURISDICTION

20.1 This Agreement and all matters arising from it and any dispute resolutions referred to below shall be governed by and construed in accordance with Maltese law notwithstanding the conflict of law provisions and other mandatory legal provisions save that:

20.1.1 the Licensor shall have the right to sue to recover its fees in any jurisdiction in which the Licensee is operating or has assets; and

20.1.2 the Licensor shall have the right to sue for breach of its intellectual property rights and other proprietary information and trade secrets (‘IPR’) (whether in connection with this Agreement or otherwise) in any country where it believes that infringement or a breach of this Agreement relating to its IPR might be taking place. For the avoidance of doubt, the place of performance of this Agreement is agreed by the parties to be the Maltese Republic.

21. COMPLIANCE WITH RELEVANT LAW

Both parties will comply with all applicable laws, rules and regulations in respect of all activities conducted under this Agreement.