We welcome You to Serial Port Monitor! 


To make these Terms of Use easier to read, we first want to give You the list of capitalized terms that we will use herein which shall have the following meanings:


“Billing Period” or “Subscription Period” means a time period for the Product use and billing applicable to a certain Subscription Plan;


“Content” means information, data, text, photographs, videos, GIFs, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Product by users, including all User Content (as defined below);


“Documentation” means the Product-related user documentation and explanatory materials or files provided in written, “online” or electronic form;


“Electronic Team” means Electronic Team, Inc., a corporation registered in the Commonwealth of Virginia, USA;


“Serial Port Monitor” or “Product” means Electronic Team’s application Serial Port Monitor (Professional-grade software establishing serial connection with COM-based software and devices and allowing you to debug, test and scan serial communication) and any other content, features, and functionalities, and any other downloads, installations, products, and software that You Use or downloaded in connection with Serial Port Monitor. The Product also includes all Electronic Team resources or media, including without limitation the Software, the Updates and the Documentation; 


“Operate(ing)” accessing, downloading, storing, loading, installing, executing, displaying, and copying the Product into the memory of a computer or otherwise benefiting from using the functionality of the Product in accordance with the Documentation;


“Privacy Policy” means Privacy Policy of Electronic Team;


“Software” means all of the contents of the electronic files and/or data in any media relating to the Product including but not limited to the files and/or data and programs stored on the servers, tunnel or other servers, and any backend software;


“Subscription Plan” has the meaning given in the clause 3.1 of these Terms;


“Terms” means the present Terms of Use;


“Use(ing)” means to access, use, or take advantage of;


“User Content” means all Content (as defined above) added, uploaded, submitted, distributed, posted to, or created using the Product by users;


“Updates” means all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, including new builds of the Product; 


1 Agreement to Terms


1.1 Electronic Team is the company behind Serial Port Monitor. Serial Port Monitor is a professional-grade software for debugging, testing and scanning serial communication.  Please read these Terms carefully because they govern Your use of our Product.


1.2 By Using and/or Operating the Product, You agree to be bound by the Terms. If You do not agree to the terms and conditions of the Terms, You may not Operate or Use the Product in any way.


1.3 Before You click on the “I AGREE WITH THESE TERMS OF USE” button, carefully read the terms and conditions of these Terms. Your click of the “I AGREE WITH THESE TERMS OF USE” button before installing the Product is a symbol of Your signature and by clicking on the “I AGREE WITH TERMS AND CONDITIONS OF THESE TERMS OF USE” button, You are consenting to be bound by and become a party to these Terms and agreeing that these Terms are enforceable like any written negotiated agreement signed by You. If You do not agree to all of the Terms, click the “I DO NOT AGREE” button and the Product will not be installed on Your computer. This Product will not be installed on Your device unless or until You accept the Terms.  You may also receive a copy of these Terms by contacting Electronic Team at the email indicated in article 16 hereof or downloading it from Electronic Team’s website ( https://www.serial-port-monitor.org/ ). This clause is additional and without prejudice to the clause 1.2 hereof.


1.4 If You accept or agree to the Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to the Terms and, in such event, You and Your will refer and apply to that company or other legal entity.


2 Use of Product


2.1 Access to the Product.  The level of access to the Product is determined by the Subscription Plan as selected by you.


2.2 User experience. Electronic Team does not tolerate any form of sexual harassment or bullying. Electronic Team does not tolerate content that is hate speech, threatening, or pornographic.


2.3 User content. User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person (natural person or entity) who originated such User Content. You represent that all User Content provided by You is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Without limiting the generality of the foregoing, You represent that any User Content You create using tools accessible on the Product does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by You using the Product is at Your own risk and You will be solely responsible for any damage or loss to You or any other party resulting therefrom. Electronic Team does not guarantee that any Content You access on or through the Product is or will continue to be accurate. You are solely responsible for Your interaction with other users of the Product. You agree that Electronic Team is not responsible or liable for the conduct of any user. Electronic Team reserves the right, but has no obligation, to monitor or become involved in disputes between You and other users.


2.4 Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Product, are proprietary intellectual properties and/or the valuable trade secrets of Electronic Team or its suppliers and/or its authorized affiliates (collectively, the “Owners”) and are protected by civil and criminal law, including copyright, trade secret, trademark and patent laws of the United States, other countries and international treaties. You may use trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of a trademark owner’s name(s). Such use of any trademark does not give You any rights of ownership or use in that trademark. The Owners own and retain all right, title, and interest in and to the Product, including without limitations any error corrections, enhancements or other modifications to the Product, whether made by Electronic Team or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or Use of the Product does not transfer to You any title to the intellectual property in the Product, and You will not acquire any rights to the Product except as expressly set forth in these Terms.


2.5 Source Code. You acknowledge that the source code for the Product is proprietary to Electronic Team and constitutes a trade secret of Electronic Team. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product in any way, nor allow, assist or solicit any third party to attempt or do the same. 


2.6 Confidential Information. You agree that, unless otherwise specifically provided herein, the Product, including the specific design and structure of individual programs, constitute confidential proprietary information of the Owners. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party. You agree to implement reasonable security measures to protect such confidential information.


2.7 No Modification. Other than modifying User Content as provided herein, You agree not to modify or alter the Product in any way.


2.8 Information Relating to Children. The Children's Online Privacy Protection Act (COPPA) was passed by the U.S. Congress in November 1998. COPPA provides parents with specific rights regarding their children's privacy. For additional information and resources on COPPA, please visit the Federal Trade Commission (FTC) website. The Product is not directed at children under 13 years of age and, therefore, COPPA does not apply. However, Electronic Team recognizes that children under the age of 13 may potentially access the Product, or generally download Software. Parents and Legal Guardians may request Electronic Team to review, delete or stop the collection of any personally identifiable information of their child(ren). You may do so by contacting Electronic Team as provided in the article 16 hereof.


2.9 Product Update. During the Term, You may receive automatic Updates to the Product from time to time. However, these Terms do not obligate Electronic Team to provide any Updates. Notwithstanding the foregoing, any Updates that You may receive will become a part of the Product and be governed by the Terms.


2.10 PRODUCT ACTIVATION 


2.10.1 Among other protection methods, some portions of Electronic Team’s Product may require activation. 


2.10.2  Should activation be required, the Electronic Team shall supply you with the activation code after the order is processed. The supplied activation code may be used by you to activate the downloaded and installed Product and shall allow you to use the Product for the entire duration of your selected subscription plan. Certain portions of the Product may not be fully functional without your activation. 


2.10.3  Access to the Internet on your System is required to activate certain portions of the Product. If there is no access to the Internet available, you may activate the Product manually (offline). In such case, you will need to use a separate System that is online to get a special activation file, which will be made available by Electronic Team. 


2.10.4  The Product that is licensed will be activated automatically once the activation code is entered. The Product may be occasionally reactivated by Electronic Team, in the background, to ensure smooth and uninterrupted subscription compliance check. This will require an Internet connection as well (as stated in section 3.3 above). 


2.10.5  During the activation process, hardware serial numbers (a System or computer’s unique hardware ID), the purchased product ID and the build number, together with the activation code, are encrypted and sent to Electronic Team’s servers to verify that the copy of the purchased Product is genuine and to determine whether the number of permitted activations are not exceeded. 


2.10.6  Demonstration versions of the Product will perform and achieve its activation in the background without any Users’ interference (no activation code is needed). Activation of the demonstration version is required for statistics only and does not collect any personal information. 


2.10.7  Electronic Team guarantees that no personal information is collected during activation. Neither information about you or your computer is provided to any third parties without your knowledge or prior notification. Check Electronic Team’s Privacy Policy for details.


3 Subscription Plans


3.1 You may access the Product for commercial or non-commercial purposes under one of the following subscription plans (the “Subscription Plan”): (i) Standard Subscription Plan; (ii) Professional Subscription Plan; and (iii) Company Subscription Plan. 

3.2 All other subscription plans other than Subscription Plans implemented herein, that were purchased (but not granted free of charge) before the implementation of the Subscription Plans hereby will remain in effect under conditions that were applicable at the moment of your purchase and can be prolonged on the same conditions. If such an old subscription plan is cancelled, a user may not renew it but may purchase any of the existing Subscription Plans or any other subscription plans available at the moment of the respective purchase. If any of the Subscription Plans ceases to be valid, the same rules described in this clause apply.


3.3 The following specific conditions and limitations shall apply respectively to each Subscription Plan:


(A) Standard Subscription Plan:

(i) The Standard Subscription Plan may be purchased for three (3) months, six (6) months, one (1) year or three (3) years.


(ii) Product may be activated on one (1) computer only at a time, and used by one (1) user only.


(iii) The Standard Subscription Plan provides access to the following features:


  • Basic functionality for monitoring real and virtual serial ports;

  • Analysis of any type of serially connected hardware or software;

  • Simultaneous monitoring of an unlimited number of COM ports;

  • Logging of data received and sent from a monitored COM port; and

  • Monitoring COM ports of different types (RS232/RS422/RS485)


(B) Professional Subscription Plan:


(i) The Professional Subscription Plan may be purchased for one (1) month, three (3) months, six (6) months, one (1) year or three (3) years.


(ii) Product may be activated on one (1) computer only at a time, and it may be used by one (1) user only.


(iii) the Professional Subscription Plan provides access to the following features:

  • Advanced feature set for logging COM port data and controlling serial communications;

  • Analysis of any type of serially connected hardware or software;

  • Simultaneous monitoring of an unlimited number of COM ports;

  • Logging of data received and sent from a monitored COM port;

  • Monitoring COM ports of different types (RS232/RS422/RS485);

  • Sniffing RS232 ports already used by another application;

  • Exchanging data with any serial port via Advanced Send Dialog; and

  • Changing the parameters of a serial port on-the-fly.

(C) Company Subscription Plan:

(i) The Company Subscription Plan may be purchased for one (1) month, three (3) months, six (6) months, one (1) year or three (3) years.

(ii) Product may be activated on 10 computers/workstations (on which the Product is installed) maximum and may be used by up to ten (10) users.


(iii) Features available under the Company Subscription Plan include: 


  • Analysis of any type of serially connected hardware or software;

  • Simultaneous monitoring of an unlimited number of COM ports;

  • Logging of data received and sent from a monitored COM port;

  • Monitoring COM ports of different types (RS232/RS422/RS485);

  • Sniffing RS232 ports already used by another application;

  • Exchanging data with any serial port via Advanced Send Dialog; 

  • Changing the parameters of a serial port on-the-fly.

3.4 From time to time we may offer subscription plans, including special promotional plans with differing conditions and limitations. These terms will be reflected here in the Terms.


3.5 Cancellation


3.5.1 You may cancel Your paid subscription at any time. In this case Your paid subscription will remain active until the end of the current Subscription Period, after which it will end, and no further charges will be billed.


3.5.2 Please note that You must cancel Your subscription before it renews for a subsequent Billing Period to avoid being charged the next Billing Period’s subscription fee.


3.6 Evaluation 


3.6.1 A one-time time and functional limited demo (free trial) of the Serial Port Monitor’s Subscription Plan is available to new users of the Product it being understood that the specific features of this free trial subscription plan shall be determined by Electronic Team at its sole discretion. The following conditions apply to Your use of the Product during the demo period:


   (A) You may use the Product for review and evaluation purposes only, any form of commercial use is prohibited;


   (B) the demo (free trial) period lasts fourteen (14) calendar days;


   (C) You may not sign up for more than one demo period.


3.6.2 Electronic Team reserves the right, in its absolute discretion, to determine Your demo eligibility. In some countries, the demo subscription may be unavailable. In case of suspicious activities and/or misuse of the Product during the demo period by some Serial Port Monitor users from those countries, we may be forced to restrict access to the 14-day evaluation subscription.


4. Billing


4.1 By starting Your paid subscription and providing a payment method, You authorize us to charge You a subscription fee at the rate effective at the time of the order plus any applicable taxes. Subscription fees shall be due and payable in advance unless stated otherwise.


4.2 By providing Electronic Team with a payment method, You: (i) represent that You are authorized to use the payment method that You provided and that any payment information You provide is true and accurate; (ii) authorize Electronic Team to charge You for the Product and any of its updates purchased using Your payment method; and (iii) authorize Electronic Team to charge You for any paid feature of the Product that You choose to sign up for or use. You agree to promptly update Your information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed in connection with Your transactions. Upon our discretion we may bill You (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge You up to the amount You have approved, and we will notify You in advance and in accordance with the terms of Your subscription of any change in the amount to be charged for recurring subscriptions. We may bill You at the same time for more than one of Your prior Billing Periods for amounts that haven't previously been processed.


4.3 You may edit Your payment method information by visiting the link that will be provided to You after Your order has been processed. If for any reason we are unable to successfully bill Your preferred payment method (due to expiration, insufficient funds, or otherwise), we reserve the right to suspend access to the Product within thirty (30) days of the failed billing attempt or not to provide the Product right away.


4.4 Your subscription will be automatically renewed at the end of the Subscription Period, unless You cancel it before the end of Your current Subscription period.


4.5 As the Product is purchased on a subscription basis, You hereby acknowledge and agree that You are authorizing recurring payment, and payments shall be made to Electronic Team by the method You have chosen at the recurring intervals (Billing Periods), until the subscription is terminated by You or by Electronic Team or otherwise in accordance with these Terms. By authorizing recurring payments, You are authorizing Electronic Team to process such payments. Subscription fees are generally billed or charged in advance of the applicable Billing Period.


4.6 We reserve the right to adjust pricing for the Product or any components thereof at any time and in any manner as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will take effect following email notice to You. Price changes will take effect at the start of the next Subscription Period following the date of the price change. By continuing to use the Product after the price change takes effect, You accept the new price.


5 Refunds


5.1 Because of the nature of Electronic Team’s Product, all purchases and sales are FINAL. However, Electronic Team reserves the right to address each refund request on a case-by-case basis and in its sole discretion. If You are seeking a refund because of a Product malfunction, bug, or similar concern, please contact Electronic Team. For the purpose of the present article, we inform You that You are not eligible for a refund if You forgot to cancel your Serial Port Monitor subscription plan and it renewed for the next Subscription Period.


5.2 In avoidance of any doubt, cancellation of the paid subscription does not result in a refund of any subscription fees already paid.


5.3 European Union (EU) Residents. Because of the nature of Electronic Team’s Product, if You are an EU resident, upon purchase of any Electronic Team Product You will lose Your right of withdrawal under the Consumer Rights Directive (“CRD”) 2011/83/EU of the European Parliament and of the Council of 25 October 2011. Your loss of the right of withdrawal is based upon CRD Article 16(m), which omits the purchase of “digital content” (e.g., downloaded software) from the right of withdrawal. Upon purchasing Electronic Team Product, You expressly CONSENT to the performance of the purchase contract and ACKNOWLEDGE that You will lose the right of withdrawal. In such a case, effectively, Electronic Team offers NO REFUNDS to EU residents pursuant to the CRD.


6 Prohibited Uses


6.1 You agree that You will not: 


   (A) Engage in any act that Electronic Team deems in its reasonable discretion to be in conflict with the spirit or intended Use of the Product; 


    (B) Make improper Use of Electronic Team’s Product;


    (C) Use the Product, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;


    (D) Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial-of-service (DoS) attacks upon the Product, or other attempts to disrupt Electronic Team Service in relation to the Product; 


    (E) Make available through the Product any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonate the same, including without limitation an Electronic Team employee;


    (F) Use, facilitate, create, or maintain any unauthorized connection with the Product, including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Product, or (ii) any connection using programs, tools, or software not expressly approved by Electronic Team;


    (G) Bundle the Product in whole or in part with any other products, applications or extensions without Electronic Team’s prior explicit written approval; and 


    (H) Distribute or otherwise disseminate the Product in whole or in part apart from its installer application;


    (I) Attempt to decipher, decompile, disassemble or reverse engineer any of the Software used to provide the Product;

    (J) Encourage or enable any other individual to do any of the aforementioned.


7 Privacy Policy


Please refer to our Privacy Policy for information on how we collect, store, use and disclose our users' personal information. Your Use of the Product is subject to our Privacy Policy.


8 Support and Product Availability


8.1 We will use reasonable efforts to keep the Product available to You at all times during the term of Your subscription.


8.2 We will also use reasonable efforts to prevent and/or rapidly respond to and remedy any interruption to the operation of the Product caused by third parties and resulting from unlicensed use, viruses, malicious code, denial of service attacks, or other external tampering with the Product.


8.3 On rare occasions You may experience performance issues or loss of Product operation because of scheduled maintenance, of which we will inform You beforehand by means of the notification system built into the Software/Product.


8.4 All technical support related to the use of the Product is provided in accordance to Electronic Team’s Support Policy (https://www.electronic.us/company/policies/terms/) for the duration of these Terms.


9 Modification 


We reserve the right to modify these Terms at any time by posting an amended Terms that is always accessible through a link on Electronic Team’s website (https://help.electronic.us/support/solutions/articles/44002354610-terms-of-use) or helpdesk  and/or by giving You prior notice of a modification. You should check these Terms periodically for modifications. The date of the last modification will be indicated at the top of this page. If any modification is unacceptable to You, Your only recourse is to terminate these Terms. Your continued use of the Product following our posting of an amended Terms or providing You notice of a modification will constitute binding acceptance.


10 Duration and Termination


10.1 These Terms will continue to apply to You until terminated by either You or Electronic Team. We reserve the right to suspend Your access to the Product, without prior notice and without any refund, at any time for Your failure to maintain Your subscription fees or for any violation of these Terms or any other Documentation.


10.2 These Terms shall  come into force when You download or install the Product (whichever is earlier) and shall continue, unless otherwise terminated pursuant hereto. Electronic Team may terminate the Terms by offering You superseding Terms of Use for the Product or any replacement or modified version of the Product and Your continued use of the Product or such replacement, modified or upgraded version of the Product shall be deemed to constitute your consent to the superseding Terms of Use.


10.3 Electronic Team reserves the right to modify or terminate Your access to the Product for any reason, without notice, at any time, and without liability to You should You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms, You must immediately cease Use of the Product and destroy all copies of the Product.


11 NO WARRANTY AND DISCLAIMER


11.1 NO IMPLIED OR OTHER WARRANTIES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER AND Electronic Team MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE PRODUCT OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS EULA. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. Electronic Team MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Electronic Team DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF.  YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, SCHEDULED OR UNSCHEDULED PERIODIC SYSTEM MAINTENANCE, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE/PRODUCT, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, Electronic Team EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE/PRODUCT AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE.  Electronic Team DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY Electronic Team TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU. 


11.2 LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCT AND THE INFORMATION CONTAINED IN OR COMPILED BY THE PRODUCT, AND THE INTERACTION (OR FAILURE TO INTERACT) WITH ANY OTHER HARDWARE OR SOFTWARE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Electronic Team OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY HARDWARE, SOFTWARE, OR USAGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL Electronic Team’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE PARTICULAR PRODUCT.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 


12 SURVIVAL


The provisions of articles 2, 5, 6, 10-14, 16 and 17 hereof shall survive the termination or expiration of these Terms.


13 INJUNCTIVE RELIEF


Each Party agrees that a breach of any of the promises or agreements contained herein will result in irreparable and continuing damage to a Party for which there will be no adequate remedy at law, and such Party shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate).


14 SEVERABILITY


If one or more provisions of the present Terms are held to be unenforceable under applicable law, the Parties agree to renegotiate such provision in good faith. If the Parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision will be excluded from these Terms, (ii) the balance of these Terms will be interpreted as if such provision were so excluded and (iii) the balance of these Terms will be enforceable in accordance with its terms.


15 SECTIONS AND OTHER HEADINGS 


The section and other headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms. 


16 NOTICES


All notices and other communications hereunder shall be done by signed documents or letters via post or email only when given to the addresses and to the attention of the individuals set forth below:


        (A) Electronic Team:

        Address: 1800 Diagonal Road, Ste 600, Alexandria, VA 22314

        Email address: ping@electronic.us

        

       (B) You: 



        All the notices to you shall be given/sent by email to the e-mail address expressly provided by you to Electronic Team.


17 GOVERNING LAW AND DISPUTE RESOLUTION


17.1 Governing Law. These Terms shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. To the extent permitted by law, the provisions of these Terms shall supersede any provisions of the Uniform Commercial Code (UCC) as adopted or made applicable to the Product in any competent jurisdiction. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is expressly disclaimed and excluded. 


17.2 Notice of dispute. You and Electronic Team agree to first attempt to negotiate any dispute arising from these Terms informally for at least 30 days before initiating court dispute resolution as provided in clause 17.3. Such informal negotiations commence upon receipt of written notice from one person to the other (Notice of Dispute). Notices of Dispute must:


(A) include the full name and contact information of the complaining party;

(B) describe the nature and basis of the claim or dispute; and


(C) set forth the specific relief sought (Demand).


Notice of Dispute shall be sent in accordance with the article 17 hereof.


17.3 Jurisdiction and Venue. The federal and state courts located in the City of Alexandria, Virginia shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms. You agree that these Terms are to be performed in the Commonwealth of Virginia and that any action, dispute, controversy, or claim that may be instituted based on these Terms, or arising out of or related to these Terms or any alleged breach thereof, shall be prosecuted exclusively in the federal or state courts in of the Commonwealth of Virginia and You, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that Electronic Team as claimant shall be entitled to initiate proceedings in any court of competent jurisdiction.


If You have any questions about these Terms or the Product, please contact Electronic Team at the email indicated in article 16 hereof.