Terms and conditions

1. Dataway Security OU, the user of these general terms and conditions, also trading under the trade names "Dataway Security", located at Mustamäe tee 55, office 411, 10621 Tallinn, Estonia, registered in the Commercial Register under number 12214232.

2. Other Party: any natural or legal person with whom Dataway Security has entered into or intends to enter into an agreement.

3. Parties: Dataway Security and the Other Party jointly.

4. Agreement: every agreement concluded between the Parties with which

5. Dataway Security has committed itself towards the Other Party to deliver Products, Software and/or to provide Services.

6. Products: the goods to be delivered by Dataway Security to the Other Party in the context of the Agreement, including hardware and/or other items.

7. Software: the software to be delivered by Dataway Security to the Other Party in the context of the Agreement, whether or not on a material data carrier (Product).

8. Services: the services to be provided and/or work to be performed under the Agreement on behalf of the Other Party, whether or not for the benefit of a third party, which may include non-exhaustive purposes, the installation of crypto-modules, providing training and courses, consultancy, advice and assembly activities (replacement of hard drives in desk and laptops).

9. In Writing: communication in writing, communication by email or any other means of communication that can be equated with this, taking into account the state of the art and the views prevailing in society.

1. These general conditions apply to every offer of Dataway Security and every established agreement.

2. These general terms and conditions also apply to agreements the execution of which Dataway Security involves third parties.

3. The applicability of any General Terms and Conditions of the Other Party, referred to under any name, is explicitly rejected.

4. The provisions in these terms and conditions can only be waived expressly and in Writing. If and insofar as that which is expressly agreed between the Parties in Writing deviates from these general terms and conditions, the conditions expressly agreed by both parties in Writing shall apply.

5. Nullification or invalidity of one or more of the provisions of these general terms and conditions or the agreement as such does not affect the validity of other clauses. In such a case, the parties are required to consult in order to make an alternative arrangement in respect of the affected clause. In addition, the purpose and intent of the original clause will be observed as much as possible.

1. Every offer from Dataway Security is without obligation, even if a term of acceptance is stated therein. An offer from Dataway Security can be withdrawn by Dataway Security until immediately after the acceptance thereof by the Other Party.

2. The Other Party cannot derive any rights from an offer from Dataway Security that contains a manifest error or mistake, as well as from an offer from Dataway Security that is based on incorrect or incomplete data provided by the Other Party.

3. A cost breakdown does not oblige Dataway Security to fulfil a part of the offer for a corresponding part of the quoted price.

4. Without prejudice to the provisions in paragraph 1, every Agreement is created through offer and acceptance. If the acceptance of the Other Party deviates from the offer of Dataway Security, the Agreement will not be concluded in accordance with this deviating acceptance, unless Dataway Security indicates otherwise. If the Other Party places an assignment or order without a specific offer from Dataway Security preceding it, the Agreement will only come into effect when Dataway Security confirms the order in Writing, such as by email. Such confirmation is deemed to accurately and completely reflect the Agreement, unless the Other Party has complained to Dataway Security in Writing and stating reasons within one working day after receipt thereof.

5. If the client concludes the Agreement on behalf of another natural or legal person, they declare to be authorised to do so by the act of entering into the agreement. In addition to this (legal) person, the Other Party is jointly and severally liable for the fulfilment of all obligations arising from that Agreement.

1. Dataway Security is entitled to transfer all or part of the implementation of the Agreement to third parties and thus involve third parties in the implementation of the Agreement. Dataway Security can therefore engage third parties for the execution of certain Services. Dataway Security is not liable, except to the extent that the law compels it under the given circumstances of the case, for errors or shortcomings of any third parties involved in the implementation of the Agreement.

2. Under no circumstances does Dataway Security accept any liability for damage caused as a result of errors or shortcomings on the part of third parties with whom the Other Party has entered into an agreement, even if this has been done on the recommendation or advice of Dataway Security.

3. If the Other Party has given Dataway Security a (tacit) power of attorney to conclude an agreement with a third party on behalf of the Other Party, Dataway Security is not a party to that agreement and the Other Party is liable towards this third party for the fulfilment of all obligations arising from that agreement. The Other Party indemnifies Dataway Security from all third-party claims in this regard. If Dataway Security is involved in the implementation of the relevant agreement, Dataway Security undertakes exclusively towards the Other Party to what has been explicitly agreed upon in writing between the Parties.

4. These general terms and conditions are also stipulated for the benefit of any third parties to whom Dataway Security entrusts the execution of the Agreement in whole or in part. Therefore, these third parties, insofar as the right to fulfilment of the clauses by their nature or scope cannot be exclusively reserved to Dataway Security, can invoke the provisions of these general terms and conditions vis-à-vis the Other Party, as if they were party to the Agreement instead of Dataway Security.

5. It is possible that any third parties that Dataway Security involves in the Agreement want to limit their liability in this regard. Dataway Security assumes and, if necessary, stipulates that the Agreement concluded with it includes the authority to accept such limitations of liability also on behalf of the Other Party.

1. The Other Party acting as a reseller of the Products or Software is itself responsible for the fulfilment of its legal obligations towards its end customers. Without prejudice to the foregoing in this paragraph, resale to customers of the Other Party is at the expense and risk of the Other Party.

2. The Other Party acting as a reseller of the Products or Software guarantees, unless explicitly agreed otherwise in Writing, that it acts as its first point of contact vis-a-vis its customers, including but not limited to RMA processing such as technical support in connection with the use of the Products and/or Software.

3. Any cooperation between the reseller and Dataway Security, unless explicitly agreed otherwise in Writing, is never exclusive; Dataway Security is entitled to appoint multiple resellers without geographical restrictions.

4. Dataway Security grants the reseller the right to make use of any brand names and logos of Dataway Security, but only to the extent and for so long as this is to be reasonably considered permissible in the context of the resale activities of the Other Party and with due observance of any instructions of Dataway Security with regard to the use thereof. Use of the brand names of Dataway Security and its logos, other than those referred to in the previous sentence, requires prior Written permission from Dataway Security.

6. The Reseller is obliged to use the brand names and trademarks used by Dataway Security in connection with the resale of the Products or Software. The Other Party is not permitted to remove brand names and/or trademarks from the Products or Software, nor to change them, or to affix its own marks to the Products, Software, or the packaging thereof.

1. The possible implementation and completion/delivery terms to which Dataway Security has committed itself towards the Other Party are only indicative and are not deadlines. Dataway Security may also depend on the Other Party and/or third parties for compliance with these terms. If late compliance is the result of a circumstance not attributable to Dataway Security, or force majeure within the meaning of paragraph 16, the obligations of Dataway Security will be suspended for the duration of the force majeure situation. The provisions of the remainder of paragraph 16 shall apply accordingly in such a case.

2. If late compliance is the result of a circumstance attributable to Dataway Security, the default of Dataway Security will not occur until after the Other Party has notified Dataway Security in writing that it has stated a reasonable period for compliance, and Dataway Security is still in default after the expiry of the last-mentioned period.

3. If Dataway Security depends on information being provided by the Other Party or otherwise efforts on behalf of the Other Party for the performance of the agreement, and this information is not delivered on time or if these efforts are not made on time, Dataway Security is entitled to suspend the performance or delivery/completion for the duration of the delay.

4. Default of Dataway Security as a result of a circumstance attributable to Dataway Security, as referred to in paragraph 2, offers the Other Party the right to dissolve that part of the Agreement to which the default relates, but never the right to additional compensation.

1. Unless explicitly agreed otherwise in Writing, delivery Ex Works (EXW) will be made in accordance with the most recent version of the Incoterms. If a delivery condition other than Ex Works has been agreed explicitly and in Writing, this delivery condition must also be interpreted in accordance with the most recent version of the Incoterms.

2. Irrespective of the provisions in the previous paragraph, in the event of delivery Ex Works, the Parties can agree that Dataway Security will take care of transport. In that case, the risk of storage, loading, transport and unloading also rests with the Other Party. The risk of loss and damage to the Products is therefore at all times transferred to the Other Party in the case the Products are delivered to the Other Party in accordance with the Agreement, and in the case of Ex Works also if Dataway Security takes care of the transport of the Products.

3. Dataway Security reserves the right to deliver orders in parts.

4. If the agreed delivery period is exceeded, the Other Party is, without prejudice to the provisions regarding Dataway Security's failure in paragraph 8, never entitled to refuse to receive the Products and/or to pay the amounts it owes Dataway Security pursuant to the Agreement.

5. If the Products could not be delivered due to a circumstance attributable to the Other Party, Dataway Security is entitled to store the Products at the expense and risk of the Other Party, without prejudice to the obligation of the Other Party to pay the amount due to Dataway Security under the Agreement. The costs to be incurred in connection with the non-receipt by the Other Party as referred to here, such as extra delivery costs, etc., will therefore be borne by the Other Party.

6. In the event that the Other Party refuses to take delivery of the ordered Products or is otherwise negligent in receiving the Products, the Counterparty will still take receipt of the Products within a reasonable period announced by Dataway Security, failing which Dataway Security is authorised to dissolve the Agreement, without prejudice to the obligation of the Other Party to pay the agreed price and additional costs as referred to in the previous paragraph.

1. At the time of delivery of the Products, the Other Party must immediately investigate or have investigated whether the nature and quantity thereof correspond to the Agreement. If, in the opinion of the Other Party, the nature and/or quantity of the Products do not comply with the Agreement, the Other Party must immediately notify Dataway Security of this in Writing, at least within two working days after the delivery, with a clear description of the complaint. However, if the Products have been delivered in the simultaneous personal presence of the Other Party and Dataway Security, the Products are deemed to comply with the Agreement if the Other Party has taken the Products.

2. If the Other Party does not complain in time or in accordance with the provisions of the previous paragraph, or has broken the seal of the packaging with regard to the Products concerned, no such obligation will arise for Dataway Security from such a complaint from the Other Party.

3. Even if the Other Party complains in time and in accordance with paragraph 1, the Other Party's obligation to pay in time remains.

4. Products can never be returned without prior written permission from Dataway Security.

1. In the event that Software is delivered on a material data carrier, paragraphs 9 and 10 shall apply accordingly to the delivery of the relevant material data carrier. With regard to material data carriers on which Software is delivered, the provisions regarding Products in these general terms and conditions, also with regard to the rest, apply correspondingly.

2. In the event that the Software is delivered electronically, the Other Party is responsible for the suitability of the equipment on which the Software is downloaded.

3. Dataway Security does not have to ascertain whether the equipment of the Other Party or end user is suitable for the reception or desired application of the Software. The unsuitability of the aforementioned equipment cannot be regarded as a shortcoming on the part of Dataway Security and does not offer the Other Party any reason to terminate the Agreement or to claim any other compensation.

4. The licence to the Software must be activated in the designated manner. The Other Party and end -user of the Software have, depending on the licence or other terms and conditions of the licensor of the Software, a non-exclusive right of use with regard to the Software supplied under the Agreement. All (intellectual) property rights in the Software remain with the relevant licensor. The relevant licensor grants the Other Party and end user a right of use in accordance with the licence or other terms and conditions applied by it. Nothing in the present terms and conditions has any influence on the rights and obligations that arise for the Other Party or end user from licencing or other terms and conditions of third parties.

5. Software is not used at the risk of Dataway Security. The functionalities of the Software are limited to what the licensor explicitly communicates about this, for which functionalities Dataway Security cannot offer any guarantee; warranty on the Software is therefore limited to any warranty provided by the relevant licensor. Furthermore, unless explicitly agreed otherwise in Writing, Dataway Security bears no responsibility with regard to technical support and maintenance of the delivered Software. The Other Party indemnifies Dataway Security from all its claims and claims from third parties, including end users, in this regard.

6. The Other Party indemnifies Dataway Security from all claims of licensors in connection with any infringement of the (intellectual) property rights and user rights with regard to the Software, which infringement is attributable to the Other Party.

1. Products will only be delivered with a guarantee if and insofar as this has been explicitly agreed in Writing.

2. Without prejudice to any warranty conditions stipulated explicitly and in writing, any applicable warranty (including a claim based on non-conformity) will lapse in any case if a defect of the delivered Product is the result of an external cause or any other causes cannot be attributed to Dataway Security or its supplier. This is understood to include to mean defects arising after delivery as a result of damage, natural wear and tear, molestation damage, incorrect or improper treatment, commissioning by or on behalf of the Other Party itself, incorrect or improper use, use in violation of the user instructions or other instructions from or on behalf of Dataway Security, non-professional and regular maintenance, or making changes to the delivered goods, including repairs that have not been carried out with the prior written consent of Dataway Security.

3. The Other Party can only invoke the provisions of the previous paragraphs if the Other Party has met all its payment obligations arising from the Agreement.

1. If Services are provided at the location of the Other Party or another location designated by the Other Party and agreed between the Parties, the Other Party must arrange for third parties to ensure the correct and timely execution of all facilities, resources and other conditions that are necessary for a proper implementation of the Services. In addition, insofar as the nature of the Services is relevant, the Other Party must ensure at their own expense and risk:

2. In the event of training, consultancy of installations or a comparable Service at the location of the Other Party or another location designated by the Other Party and agreed between the Parties, the Other Party must provide (or arrange for) a suitable space for this at its own expense.

3. If the Other Party fails to meet its obligations as referred to in previous paragraphs of this paragraph or the provisions of paragraph 6, Dataway Security is entitled, without prejudice to the other provisions of these general terms and conditions, to suspend the execution of the Agreement and pass on any delay/waiting hours and any additional costs incurred as a result to the Other Party.

1. The Other Party is obliged to immediately inform Dataway Security of any complaint regarding the Services immediately after finding, or at least after having reasonably been able to ascertain the alleged shortcoming, and subsequently to confirm this to Dataway Security in Writing within two working days, failing which Dataway Security is deemed to have met its obligations in this regard and the Other Party can no longer claim any shortcoming of Dataway Security in this regard.

2. In the event that Dataway Security changes the schedule, location etc. and/or performs the Services differently than has been expressly agreed, and the agreed activities have been performed, this does not provide grounds for complaints, termination of the Agreement, discount or any other compensation.

3. Complaints regarding the amounts invoiced must be submitted in Writing to Dataway Security within seven days after the invoice date, failing which the right of the Other Party to object to this will lapse.

4. If the Other Party does not complain in time, no obligation will arise for Dataway Security from such a complaint from the Other Party.

5. Even if the Other Party complains in time, its obligation to pay in full and on time, as well as its obligation to further fulfil the Agreement, remains in place.

1. If, during the performance of the agreement, it becomes apparent that for proper performance of the agreement it is necessary to modify or supplement the agreement, the Parties will consult in a timely fashion about modifying the agreement. If the nature, scope or content of the Agreement is changed in qualitative and/or quantitative terms, this may have consequences for what was originally agreed. As a result, the originally agreed price can be increased. Dataway Security will provide a quotation for this in advance as much as possible.

2. In the event of additions or changes to the Agreement by the Other Party, the related additional costs will be at the expense of the Other Party. Dataway Security will inform the Other Party in time about the need to pass on the costs referred to here, unless the Other Party should have understood this need on its own.

3. Due to a modification of the Agreement, the original term of execution may be changed. The Other Party accepts the possibility of modification of the Agreement, including a change in the price and term of execution. If the Agreement is amended or supplemented, Dataway Security will only be entitled to implement it after the Other Party has agreed to the adjusted price and other conditions, including the time to be determined when the Agreement will be (further) implemented. Failure to (immediately) implement the amended Agreement also does not result in a shortcoming of Dataway Security and is not a ground for the Other Party to terminate the Agreement.

4. If after the conclusion of the Agreement cost-increasing circumstances arise or come to light, which can be attributed to the Other Party on the basis of incorrect data provided by it, the extra costs will be at its expense, unless Dataway Security should have discovered the inaccuracy of the information provided by the Other Party prior to fixing the price. Dataway Security will inform the Other Party in good time about the need to pass on the costs referred to here.

5. Without being in default, Dataway Security can refuse a request to amend the Agreement if compliance with the amended Agreement cannot reasonably be expected of it.

1. Dataway Security is not obliged to fulfil any obligation of the agreement if and as long as it is being hampered by a circumstance that cannot be attributed it under the law, a legal act or by prevailing attitudes in society.

2. Insofar as the force majeure situation makes compliance with the Agreement permanently impossible or the force majeure situation continues for longer than three months, the Parties are entitled to dissolve the Agreement with immediate effect.

3. If, at the start of the force majeure situation, Dataway Security has already partially fulfilled its obligations, or can only partially meet its obligations, it is entitled to separately invoice the part that has already been executed or the part that is still to be enforced as if it was an independent Agreement, except insofar as the already executed part or executable part of the Agreement does not reasonably have independent value.

4. Damage as a consequence of force majeure is never, without prejudice to the foregoing paragraph, eligible for compensation.

1. Dataway Security is, if the circumstances of the matter reasonably justify this, authorised to suspend the fulfilment of the agreement or to wholly or partially dissolve the agreement with immediate effect, if and insofar as the Other Party does not, does not timely or does not fully fulfil its obligations on time under the agreement, or if Dataway Security learns of circumstances, after closing the agreement, that give good grounds to fear that the Other Party will not fulfil its obligations. If the fulfilment of the obligations of the Other Party with respect to which the Other Party falls short or threatens to fall short is not permanently impossible, the authority to dissolution only arises after the Other Party has been provided with written notice of default, in which notice a reasonable term is stated within which the Other Party can (still) fulfil its obligations and fails to fulfil its obligations after expiry of the stated term.

2. If the Other Party liquidates its business or transfers it to a third party, is in a state of bankruptcy, has applied for a (provisional) suspension of payment, a legal debt rescheduling arrangement has been declared, any seizure of its goods has been made, as well as in cases where the Other Party cannot otherwise freely dispose of its assets, Dataway Security is entitled to terminate the Agreement with immediate effect, unless the Other Party has already provided sufficient security for the amounts it owes to Dataway Security under the Agreement.

3. The Other Party is obliged to compensate the damage that Dataway Security suffers as a result of the suspension or dissolution of the agreement.

4. If Dataway Security dissolves the Agreement, all possible claims that Dataway Security still has against the Other Party are immediately due and payable.

1. The offer of Dataway Security states the most accurate indication possible of the price factors and any additional costs. If and insofar as the price and/or additional costs are offered on the basis of actual costs, such as in the case of an hourly rate, the actual hours worked by or on behalf of Dataway Security will be charged to the Other Party on the basis of actual costs.

2. Unless explicitly stated otherwise, all amounts stated by Dataway Security and payable by the Other Party are exclusive of VAT and any other government levies.

3. Dataway Security is always entitled to pass on price increases of cost-determining factors, such as increases in wages, purchase prices, loads, etc., which Dataway Security cannot reasonably influence, to the Other Party.

4. Dataway Security is always entitled to claim full or partial advance payment or phased payment of the agreed price and costs.

5. Dataway Security is not previously obliged to (further) implement the Agreement for as long as the Other Party is in default with regard to any payment obligation on Dataway Security.

6. Payments must be made in the manner prescribed by Dataway Security, within the period stated on the invoice.

7. The Other Party is always obliged to pay without any claim to suspension or settlement.

8. If the Other Party liquidates its business or transfers it to a third party, is in a state of bankruptcy, has applied for a(provisional) suspension of payment, or if a legal debt rescheduling arrangement has been declared, any seizure of its goods has been made, as well as in cases where the Other Party cannot otherwise freely dispose of its assets, the claims against the Other Party are immediately claimable.

9. If timely payment is not made, the Other Party is automatically in default. From the day of the start of the default of the Other Party, the Other Party owes interest of 2% per month on the outstanding amount, whereby part of a month is considered a full month.

10. All reasonable costs, both judicial, extrajudicial and foreclosure costs incurred to obtain amounts owed by the Other Party, are at the expense of the Other Party.

1. The Other Party is not permitted to resell Software, in particular cryptographic Software, or Products, to countries where these products are prohibited under the United States Cryptography Export-Import Laws or any other applicable provision of the competent authority, and is in turn obliged to inform its potential customers accordingly. If in a specific case Dataway Security suspects that the Other Party has acted or will act contrary to the above, Dataway Security is entitled to dissolve the Agreement under the applicability of the provisions of paragraph 17. The Other Party is liable for all consequences of any non-compliance with the aforementioned obligation and indemnifies Dataway Security with regard to all claims from third parties, including the competent authority in particular.

2. With respect to the sale of storage media, Dataway Security does not charge or collect any Home Copy Levy or similar private copying remuneration. The Counterparty is solely responsible for determining, declaring, and paying any locally required private copying levies, copyright fees, or comparable charges to the competent authorities or copyright collective management organizations in the Counterparty's jurisdiction. The Counterparty shall fully indemnify and hold Dataway Security harmless against any and all claims, liabilities, or demands from any competent authorities or third parties in this respect.

3. All data of any nature provided by Dataway Security, for example in price lists, brochures and information on the Dataway Security website, are subject to price changes and typing errors. Dataway Security does not accept any liability in this regard.

4. Dataway Security provides the Services to the best of its knowledge and ability. To the extent that the nature or scope of the Services does not obstruct this, Dataway Security undertakes solely to make commitment of effort and cannot guarantee the results that the Other Party intends to achieve with the conclusion of the Agreement.

5. Dataway Security is not liable for damage caused as a result of advice and instructions provided by it, even in the event that this advice or instructions were found to be inadvertently incorrect. The Other Party follows Dataway Security's advice and instructions at its own risk.

6. The Other Party bears the damage caused by inaccuracies in the data provided by or on its behalf, inaccuracies in the configurations and working methods required by the Other Party, defects in or unsuitability of materials or tools made available by the Other Party for the implementation of the Agreement, any other shortcoming in the fulfilment of the obligations of the Other Party arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to Dataway Security.

7. Without prejudice to the other provisions of these general terms and conditions, Dataway Security 's liability for repairable deficiencies does not exist until after the Other Party has given Dataway Security the opportunity to repair this damage, failing which Dataway Security will not be liable in any way.

8. Dataway Security is not liable for violation of (intellectual property) rights of the Other Party by third parties.

9. Dataway Security will never be liable for indirect damage for indirect damage, which also includes losses, lost profits and damage due to business interruption. Without prejudice to the other provisions of these general terms and conditions and in particular the provisions of paragraph 10, Dataway Security is only liable to the Other Party for direct damage suffered by the Other Party as a result of an attributable shortcoming of Dataway Security in the performance of the Agreement. Attributable shortcoming is defined as a shortcoming that a good and diligent colleague can and should avoid, while taking into account normal attentiveness and the necessary expertise and resources for the implementation of the services. Direct damage exclusively includes: the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage eligible for compensation within the meaning of these terms and conditions;

10. The liability of Dataway Security is limited to a maximum of repair of the Services, or repair or replacement of the delivery to which the liability of Dataway Security relates. If repair or replacement is not possible, the liability of Dataway Security is limited to at most the invoice value of the Agreement, at least that part of the Agreement to which the liability of Dataway Security relates, on the understanding that the liability of Dataway Security will never amount to more than the amount paid out in the relevant case based on the liability insurance taken out by Dataway Security, plus any deductible of Dataway Security that applies to that insurance. In the event that the term of the Agreement is longer than a month, the invoice value as referred to in the previous sentence will only be based on the invoice value for the last month of the Agreement.

11. Condition for the existence of any right to compensation is that the Other Party must have reported the damage in Writing to Dataway Security immediately after its occurrence.

12. Without prejudice to the expiry terms of these general terms and conditions, the limitation period of all claims and objections against Dataway Security is one year.

13. The Other Party indemnifies Dataway Security for any of its claims and claims made by third parties for damage of which the cause is attributable to others than Dataway Security. If Dataway Security should be subject to claims made by third parties, the Other Party is obliged to assist Dataway Security both inside and outside of court and to immediately do all that can reasonably be expected in such a case. Should the Other Party fail to take adequate measures, then Dataway Security is entitled, without notice of default, to do so themselves. All costs and damages on the part of Dataway Security and third parties caused as a result, are fully at the expense and risk of the Other Party.

1. All Products delivered by Dataway Security will remain its property until the Other Party has properly fulfilled all (payment) obligations from the relevant Agreement.

2. Except insofar as it is deemed permissible in the normal course of its business, the Other Party is prohibited from selling, pledging or encumbering the products on which the retention of title rests.

3. In the event of violation of the provisions of this paragraph or reselling by the Other Party in the context of its normal business operations, the amount owed by the Other Party to Dataway Security will immediately become fully due and payable.

4. If third parties seize the products on which the retention of title of Dataway Security rests, or want to establish or assert rights thereon, the Other Party is obliged to notify Dataway Security as soon as possible.

5. The Other Party unconditionally authorises Dataway Security or third parties appointed by Dataway Security where the products on which the retention of title rests are located. Dataway Security is entitled to take back the Products referred to here in the event of default by the Other Party. All related reasonable costs are at the expense of the Other Party.

6. If the Other Party, after the products have been delivered to it by Dataway Security, has fulfilled its obligations, the retention of title with respect to these products will revive if the Other Party fails to fulfil its obligations under an Agreement concluded at a later date.

7. Dataway Security has a right of retention vis-à-vis anyone who requires delivery thereof to items from the Other Party that it holds in connection with the implementation of the Agreement.

8. Dataway Security can also exercise the right of retention vis-à-vis the Other Party for what it still owes in connection with previous Agreements.

9. All matters of the Other Party that Dataway Security has in its possession in connection with the implementation of the Agreement, also serve as pledge for all claims it has on the Other Party.

1. Dataway Security or its suppliers or licensors reserve all intellectual property rights with regard to the Products, Software and parts thereof, as well as the company names, logos, brand names and texts, image materials and other content of any kind displayed on the Dataway Security website. The Other Party is prohibited from reproducing, copying, publishing or distributing these goods, having them reproduced, copied, published or distributed, or using them in any other way, other than the normal use that ensues from the Dataway Security website and the nature or scope of the Agreement.

2. A breach attributable to the Other Party of the provisions of the previous paragraph gives Dataway Security the right to claim immediate cancellation of the infringement, as well as any compensation to be determined on the basis of the nature and scope of the infringement.

1. All agreements between the parties and all legal relationships arising therefrom between the parties are exclusively governed by Estonian law.

2. Before appealing to the court, parties are obliged to apply their best effort to resolve disputes by mutual agreement.

3. Only the competent court within the district of the location of Dataway Security is designated to take cognisance of legal disputes.

4. If these general terms and conditions are available in multiple languages, the English version thereof will always be decisive for the interpretation of the terms contained therein.