ISpring® end user license agreement Review Date: September 16, 2022

1. DEFINITIONS.
“Affiliate” means any person or entity that, directly or indirectly, controls, is controlled by, or is under common control with the subject entity; “control” (including, with its correlative meanings, “controlled by” and “under common control with”) means possession, directly or indirectly, of the power to direct or cause the direction of management or policies (whether through ownership of securities or partnership or other ownership interests, by contract or otherwise).
“Client Devices” means computers, workstations, personal digital assistants, hand-held devices, or other electronic devices for which the Software was designed.
“Commercial Use” means any Use of the Software for legal business, commercial or government purpose in accordance with the Documentation.
“Content Library” means a digital library owned and operated by Licensor, with a focused collection of digital objects, including but not limited to the following components: images, templates, icons and backgrounds (the “Content Library Components”) provided as part of Licensor’s Software on the terms and conditions of this agreement and iSpring Content Library and Online Courses Library End User License Agreement.
“Controller” means the entity, which determines the purposes and means of the processing of personal data as defined in applicable Data Protection Laws and Regulations.
“Documentation” means the user documentation and associated materials or files related to the Software and provided in written, “online” or electronic form.
“DPA” means the Data Processing Agreement between Licensee and Licensor which forms part of this Agreement or other written or electronic agreement between Licensee and Licensor for the use of Licensor’s Products and Software Services.
“Data Protection Laws and Regulations” means all international, national, federal, and state laws and regulations, including laws and regulations of the European Economic Area, the European Union and their member states, Switzerland, the United Kingdom, the United States and its states, and other applicable jurisdictions, in each case, to the extent applicable to the processing of personal data under the Agreement.
“iSpring Licensing Server” means Licensor’s computer software system which provides copies of the Software with concurrent licenses in order to enable the licensed Software to run on Client Devices. iSpring Licensing Server is provided with the Software and allows You to Use the Software by a number of concurrent users, limited by applicable License Key. A full functionality of the Software may be enabled only if the Software is connected to iSpring Licensing Server.
“License Key” means a file or a unique sequence of digits and/or symbols provided to You by the Licensor confirming the purchase of the license from the Licensor, which may carry the information about the License, i.e. its type, the user name and the number of licenses purchased in accordance with the License, as defined below, granted under this Agreement, and may enable the full functionality of the Software.
“Licensor” means owner of all rights, whether exclusive or otherwise to the Products and Software Services:
iSpring Nordics, Ltd., a company registered under the laws of the Republic of Finland, is the Licensor of the Products and Software Services provided to customers located in the European Economic Area, the European Union, Switzerland and the United Kingdom;
iSpring Solutions, Inc., a company incorporated according to the laws of the Commonwealth of Virginia, USA, is the Licensor of the Products and Software Services provided to customers located in the United States of America, Canada or other countries not serviced by iSpring Nordics, Ltd.
“Licensor Sites” or “Sites” means the Internet websites maintained by or on behalf of iSpring from which the Products and Software Services available for download pursuant to a license from Licensor.
“Maintenance Releases” means small software updates that improve the functionality of the Software and do not contain any new significant features or enhancements, as they may be issued to the public from time to time. Maintenance Releases are represented by the number that goes after the second decimal point in the Version number. For example, 10.1.1, 10.1.2, and 10.1.3 are maintenance releases of version 10.
“Major Upgrades” means new versions of the Software that significantly enhance the software with qualitative changes in functionality and usability, and which bear a new first numeral such as 9.0 or 10.0, as they may be issued to the public from time to time.
“Minor Upgrades” means new versions of the Software that improve functionality or add new features to the Software, and bear a new second numeral after the first decimal, such as 10.5 or 10.6, as they may be issued to the public from time to time.
“New Release” means a new subsequent which significantly enhances the Software with qualitative changes in functionality and usability releases of the Software bearing a new first numeral such as 9.0 or 10.0.
“Online Courses Library” means a digital online courses library owned and operated by Licensor, with a focused collection of online courses for use in iSpring Learn learning management system (LMS) or other LMS which work with SCORM compliant courses provided on the terms and conditions of iSpring Web Services Subscription Agreement and iSpring Content Library and Online Courses Library End User License Agreement.
“Organization” means, without limitation, any legal entity, partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
“Personal Use” shall mean personal non-commercial use, and not on behalf or for the benefit of any clients and excludes any commercial purposes whatsoever, which include without limitation: advertising marketing and promotional materials/services on behalf of an actual client, employer, employee or for Your own benefit, any software that are commercially distributed, whether or not for a fee, any materials or services for sale or for which fees or charges are paid or received. Additionally, the individual licensing terms may specify other terms, conditions and restrictions of Using the Software.
“Processor” means the entity, which processes personal data on behalf of the Controller as defined in applicable Data Protection Laws and Regulations.
“Products” means Licensor’s Software, Content Library and Online Courses Library.
“Purchase Terms” means the Terms and Conditions of Purchase applicable to the purchase of the Licensor’s software which form part of this Agreement or other written or electronic agreement between You and Licensor for the purchase of Licensor’s Products and Software Services.
“Software Services” mean the at all times current version of the web services, learning management system (LMS), software programs contained on or available through the Software Services, and other services related thereto provided to the Licensee by Licensor in accordance with iSpring Web Services Subscription Agreement available at Licensor Sites. The Software Services are offered as a Software as a Service. In addition, the Software Services may include additional services and add-ons, including third-party software, as agreed between the Licensee and Licensor on a subscription or case-by-case basis. 
“Use” means accessing, storing, loading, installing, executing, displaying, or copying the Software into the memory of a Client Device or otherwise benefiting from using the functionality of the Software in accordance with the Documentation.
“You” means the individual person installing or Using the Software on his or her own behalf; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, or the organization for which the Software is downloaded or installed and You represent that You have authorized the person accepting this agreement to do so on Your behalf. For purposes hereof the term “organization,” without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
Whether You access or obtain the Software through the subscription “You” means the named, designated subscriber for applicable subscription period (“Subscription Term”).
“Your Content” means content, materials, services or information created by You or Users by using the Software and iSpring Content Library.