8.1 This contract begins on the date the SP accepts this Contract, i.e. by clicking the “I ACCEPT” button, downloading, installing, copying or using the product, and remaining valid for the duration of the licence. If the licence period is extended, this contract will also be automatically renewed. 8.2 The SP has the right to terminate the contract at any time for any reason, but without restitution of the agreed licence fee or part of it. 8.3 Flowmon has the right to terminate the contract in advance if the SP violates or does not comply with a provision of this contract or contract, in particular if the SP does not comply with its obligations in Sections 3 and 5, or if the agreed licence fee, in accordance with the terms of payment set out in the contract, is paid in a timely manner to the company concerned (i.e. Flowmon or the Flowmon distributor or the resale of Flowmon). 8.4 In the event that the product or part of this product is owned or flowmon believes that it is deterred from violating third-party rights (including patents, trademarks, trademarks or trade secrets), Flowmon has the right to terminate this agreement prematurely, provided that reasonable commercial efforts are made to modify the product or its parts, to obtain the necessary rights, or to replace the product or its part with a functional equivalent. If the contract is terminated pursuant to this section 8.4, Flowmon will reimburse the SP for all prepaid and unused services. 8.5 Flowmon is also authorized to terminate the supply of the product to the relevant SP or suspension if a customer fails to comply with the obligations under the subscription contract with the SP. 8.6 Any termination of this contract terminates the licence granted and all sub-licenses granted by the SP to its customers.
8.7 At the end of the agreement, the PS immediately fulfils obligations in accordance with Section 2.9 of this agreement. Unless otherwise agreed in this agreement, not all royalties are refundable. 4.1 The licence is granted for a fee agreed to in the contract. Unless otherwise agreed, Flowmon or the Flowmon distributor or reseller (according to the respective contract) may charge the licence fee to the PS in accordance with the terms of payment set out in the contract. 4.2 Unless the contract is agreed to, the SP is not entitled to assistance and maintenance services. 4.3 If the SP has assistance services agreed in the contract, these assistance services are provided by Flowmon or its authorized partners under the terms of the contract. Any additional software code made available to the SP as part of the agreed support services is considered part of the product and is subject to the terms of this Agreement. 4.4 Support services include receiving “updates” for the latest version of the product you will be conceding. In order to improve the product and develop such updates, the product contains features that allow Flowmon to automatically identify, track and analyze, remotely and automatically, certain aspects of the use and performance of the product and/or the systems on which it is installed, as well as the operator and operational environment (including problems and associated problems). You can disable this product update function at any time, otherwise you hereafter agree that Flowmon can only use all the data and information it collects for its internal needs. Flowmon will protect and retain this information confidential, will not use this information for other reasons discussed in this Agreement, and will not sell, share or disclose this information to third parties. 4.5 If the SP is to need assistance services in which Flowmon can access confidential and/or personal data of persons concerned on behalf of the SP and/or process personal data during the provision of such assistance services, Before beginning to provide the requested support services, the MS is required to inform Flowmon of this access and/or the processing of confidential and/or personal data and (ii) to assess the need to conclude the data processing agreement and, if necessary, to enter into a data processing agreement with Flow.