Cyphertop Encryption Software


All Rights Reserved by ADVM Security Software C.A.

This instrument is a CYPHERTOP Software Use License agreement, granted by ADVM Security Software CA, to the End User, thus calling this instrument the End User License Agreement (EULA), which as a consequence and for the purposes of this contract The Author “ADVM”, the user “User” and the CYPHERTOP Software will be called. This contract will be the only legal instrument if it is necessary to go to competent courts or the intervention of a Mediator or Arbitration between both parties.

PRELIMINARY CONDITIONS: In these preliminary conditions some of the terms defined in paragraph 1 below are used. The Author: Owner of Intellectual Rights ADVM Security Software C.A. and / or all individual and / or legal persons that derive as partners or owners of the companies and / or companies to which the Author grants the rights of the Software, Program, System. Application: Product object of this contract, also called CYPHERTOP, and includes part or all of its contents, and only when the word is used to describe it. This Agreement between the ADVM and the User, and all future versions, covers all uses of the Software from any terminal and / or server where the Software has been installed, by the Author or responsible persons delegated by it or where it runs through communication protocols that the Software accepts. Additional Conditions This contract will also include the Additional Conditions (as defined below). The Additional Conditions will include, among others, the policies and conditions set forth in subsection 7 below. If you wish to use the Services and Utilities of the Software you must accept the Additional Conditions. By using the Software you acknowledge and agree that the Author will interpret such use as acceptance of the corresponding conditions. By accepting, you acknowledge that this Agreement and the Additional Conditions, You are entering into a legal and binding contract, which as a whole and hereafter referred to as “Conditions”. If there is any contradiction between the Additional Conditions and this Agreement, the Additional Conditions in question will prevail. It is advisable to print or save a copy of this contract for proof. 1. DEFINITIONS 1.1 The following terms and expressions shall have the meanings indicated below: You. It refers and only when referring to the Client. Additional Conditions The clauses, conditions and policies that govern the use of the Software and Services of the Author, in addition to this Contract. Affiliated Company Any Legal or Individual Person, company or entity that, directly or indirectly, controls or is controlled by the Author, or together with the Author are under the control of a third party. For the purposes of this definition, the word “control” is defined as the direct or indirect possession of a percentage of the outstanding shares with voting rights in the company and / or any representation rights granted by the company or entity and only in relation to software. Contract. This License Agreement for the End User, with the updates or amendments that it may suffer over time. Documentation. Any documentation provided by the Author, either electronic or in any other Format. Effective date. The date on which the software begins to be used. Intellectual Property Rights. They refer to (i) patents; pending patent applications, designs, trademarks and trade names (registered or not); intellectual property rights (copyright) and related; database rights, practical knowledge and confidential information; (ii) all other intellectual property rights and similar or equivalent rights in any part of the world, which currently exist or are recognized in the future; and (iii) requests, extensions and updates in relation to any of those rights. Password. It refers to the code you choose, which allows you to access Your User Account by entering it along with the User Name and referring only to the Software. Author. It refers to the company established under the laws of the Republic of Bolivarian of Venezuela, ADVM Security Software C.A., in any current or future domicile and / or any of its Affiliated Companies that are granted rights. Application Programming Interface (API) of the CYPHERTOP Software. Application programming interface consisting of a set of routines used by the Software to provide its functionality on a given platform or operating system. The Application Programming Interface (API) of the Software is included in or linked to the CYPHERTOP Software, as well as any version, improvement, development, correction and update that takes place in the future, at the initiative of the Author or at the Customer’s request. CYPHERTOP Promotional Materials. Each and every one of the names, posters, logos, banners, trademarks and any other material, whatever its format, that the Author owns or uses in order to promote his company, products and activities. CYPHERTOP services. The Author’s Website and any other product or service that the Author or its Affiliated Companies make available to them, in addition to the CYPHERTOP Software. CYPHERTOP software. Software distributed by the Author for applications related to Data Security and / or any other file formats, including the Author’s Application Programming Interface (API), User Interface (UI) and Documentation, as well as any version , improvement, development, correction or update of the Software that takes place in the future at the initiative of the Author or at the Client’s request. ADVM Security Software C.A. staff The officers, directors, employees and agents of ADVM Security Software C.A., or its Affiliated Companies, or any person hired by the Author or its Affiliated Companies. Author’s Website. Each and every one of the elements, contents and the appearance of the available websites such as among other URLs, from which you can download the Software, updates and / or improvements, as well as consult tutorials, or information additional, and any web pages derived from these, and may also be called websites and only when the term refers to these. Terms. It has the meaning of the preceding term “Additional Conditions”. User Interface (UI). Software user interface. User Account: Refers to the account with User Name and Password that you request to make use of the Software. Username. It refers to the identification code you chose, which allows you to access Your User Account by entering it along with the Password. Client. You, the end user of the Software and, where applicable, “Your”, “Yours”, “you” or “the User”. 1.2 References in the singular include the plural and vice versa, and references in one gender include the other gender. 1.3 Any phrase that begins with the expressions “included”, “including”, “among others” or another similar expression It should be interpreted as illustrative and will not limit the meaning of the words that accompany these terms in context. 2. LICENSES AND RESTRICTIONS 2.1 License. Subject to the terms of this Agreement, the Author hereby grants you a license to use the Software on Your computer, be it a server or a PC in Microsoft Windows®, or other operating systems on which the software may run, by using terminals or directly on the equipment in question, as well as telephone or personal electronic assistant (PDA, EDA, HandHeld, etc.) with the sole purpose of personally using applications to power the software database or see reflected on the screen , printer, or by any other electronic means the information previously entered into the software. This license is limited, personal and / or commercial, not exclusive and not free, and cannot be sublicense or assigned. You may use the Software from any part of the world, as long as you have the technology to do so, which is not contained in this instrument. You can give access to the use of the user interface to the people who want to do it, being limited the responsibility of the use of the same to the Client. 2.2 Prohibition of transfer of rights to third parties. You are prohibited from selling, assigning, renting, leasing, distributing, exporting, importing, acting as an intermediary or supplier, or granting third parties rights over the Software or any of its components. The Client acquires his license for use of his data only. 2.3 Prohibition of modifications. You are prohibited from performing, causing, allowing or authorizing modification, creation of derivative works, translation, reverse engineering, decompilation, disassembly or piracy of the Software or any of its components. The only exclusion from this clause will be the closing of operations of the Author and all its affiliated companies and / or the people derived from them, or any other that the Author grants the Software Rights; for which it must present concrete evidence of the closure of the same and that the author of the software does not exist and has attempted communication by different written, electronic, television or any other means of communication and that did not obtain a response in a sufficiently prudential time, remaining Of course, any damage and / or harm suffered by the Author for careless acts on this subsection, or bad intentions, of the client and / or third parties or legal entities, for the illegal distribution of the software to people and / or entities that the Author does not authorized or licensed, or any others that the present instrument does not mention but that affects the copyright according to international and local laws on Intellectual Property rights of the Software Author, The Client will be responsible for paying for such damages the Client to any of the persons and companies related in this subsection. 2.4 Third. The Software may incorporate or be incorporated into programs and other technologies that are controlled and owned by third parties. All third party software or technology that is incorporated into the CYPHERTOP Software will not be governed by the terms of this Agreement. Each and every one of the third-party software or technology programs distributed along with the CYPHERTOP Software must have the explicit acceptance by Your party of the license agreement of the third party in question even if these were open source licenses, in any of its definitions. You acknowledge and agree that the contractual relationship that you initiate with the Author and its Affiliated Companies has no link to such third-party software and technology programs and that, in order to enforce your rights, you will be directed exclusively to the appropriate third party and not the Author or its Affiliated Companies or will pay the Software Author for necessary repairs to third-party programs. 2.5 Exclusive property. All Intellectual Property Rights over the CYPHERTOP Software, the Websites, the Author’s Materials on the Internet and the Author’s Promotional Materials are and will be the exclusive property of the Author and / or its licensors. No provision of this Agreement is intended to transfer or confer upon you any of those Intellectual Property Rights. You have the right only to use and with the limitations granted by the purchased license. You may not take any action that puts at risk or limits the Intellectual Property Rights of the Author or interferes with them. Any unauthorized use of the Intellectual Property Rights of the Author constitutes a violation of this Agreement, as well as laws and intellectual property treaties, including, among others, intellectual property laws (copyright) and trademarks. Any title and Intellectual Property Law relating to or corresponding to any third-party content not included in the Software, but which may be accessed through the use of such Software, belongs to the respective owners of the content and may be protected by intellectual property laws. (copyright) or other intellectual property laws and treaties. 2.6 Prohibition of elimination of notices. You agree not to delete, hide, render illegible or alter any notice or indication of the Intellectual Property Rights or rights of the Software and its ownership thereof, regardless of whether such indications are attached, contained or otherwise related to any of the materials or directly in the software. 2.7 Use of the Application Programming Interface (API) of the Author Software. 2.7.1 By using the Application Programming Interface (API) of the Software, you accept the following conditions and if you do not accept them, request the uninstallation of the software from your computer: (i) That your use of the Programming Interface of Applications (API) of the software have legitimate purposes only and do not adversely affect the functionality or performance of the Software or the services provided by it. In other words, you must not use the software in order to affect the information contained therein, in that case the Client will be responsible for the use that is given to the Software and also cannot acquire a license of the Software in order to make tests of how to affect it in its performance, functionality or information security, for more information see paragraph 2.3. (ii) The information contained in the software database, the use that is given to it, or the consequences derived from said use, ARE NOT DIRECT OR INDIRECT RESPONSIBILITY OF THE AUTHOR. 2.7.2 If you wish to use the Application Programming Interface (API) of the Software for a purpose not permitted by this Agreement or the Conditions of Use of the Application Programming Interface (API) of the Software, you must obtain the prior consent in writing of the Author and explicitly accept any additional conditions of any kind. 2.8 Author’s Promotional Materials. No provision of this Agreement grants you any right to use the Author’s Promotional Materials. 3. WHAT TO EXPECT AND WHAT NOT TO EXPECT FROM SOFTWARE 3.1 Absence of guarantees. The installation of the Software and the user interface allows you to communicate with the software database, but the Software cannot guarantee that you can always communicate with that database or that you can do so without interruptions, delays or other related failures to communications. Nor can you guarantee that all Your communications are always sent correctly. 3.2 Content of communications The content of the communication generated by the use of the Software is the sole responsibility of the person who originated it. Consequently, you understand that the use of the Software and its Services may be exposed to incorrect or erroneous content, which could be detrimental to the Client’s operations, and perhaps to indecent or otherwise objectionable content, and that You You use the Software and its Services at your own risk. 3.3 Use of the User’s equipment. The Software may use the processor and the bandwidth of the equipment (or other device, as applicable) that you are using, with the limited purpose of facilitating communication between the Software user and the database or other files of any formats . The Author will make commercially reasonable efforts to protect the privacy and integrity of the resources of the equipment (or other device, as applicable) that you are using, as well as the communication. However, the Author cannot grant any guarantee in this regard. 3.4 New versions of the Software. The Author, at its sole and exclusive discretion, reserves the right to add features, functions, corrections and updates to the Software. The Author has no obligation to provide you with any later version of the Software. You may enter into an updated version of this Agreement in case you wish to download, install or use a new version of the Software, for which you must contact the Author. 3.5 Suspension The Author, in his sole and exclusive discretion and to the maximum extent permitted in His jurisdiction, may modify, interrupt or suspend the possibility that you use any version of the Software and / or disable any Author Software that you have already accessed or installed without notifying you, for the purpose of repair, improvement or updating of the technology that composes it or for any other justifiable reason, including, among others, circumstances in which you, at the Author’s discretion, incur in breach of the Conditions stipulated in this instrument, however, the author will do everything in his power to communicate with the client beforehand. 4. WHAT WE EXPECT FROM THE USER 4.1 Legal purposes. You will use the Software for lawful purposes only. In this regard, you may not, without limitation, (a) intercept or control, damage or modify any communication between the software and your database; (b) use any type of spider, virus, worm, Trojan horse, time bomb or any other instruction or code designed to distort, eliminate, damage or disassemble the Software or its communication; (c) Enter any commercial or personal information that is not allowed by the laws in force, in the country of use of the system or in the country where the server where the database is hosted is located; (d) expose any third party to information of an offensive nature, harmful to minors, indecent or otherwise objectionable; (e) use the Software to cause or attempt to cause embarrassment or distress to third parties, or to threaten, harass or invade the privacy of third parties; or (f) use material or content subject to any third party property right, unless you have a license or permission granted by the owner of those rights. 4.2 Declarations You declare and guarantee that you are authorized to enter into this Agreement and comply with the Conditions. In addition, You declare and guarantee that you will comply at all times with the obligations contracted through the Conditions, as well as with all laws, regulations and policies that may govern the use of the Software and / or its Services. 4.3 Compensation. YOU AGREE TO INDEMNIFY, DEFEND AND RELEASE THE AUTHOR AND ITS AFFILIATED COMPANIES OF ALL RESPONSIBILITY AND COSTS, INCLUDING THE FEES OF ATTORNEYS OR OF ANY KIND INVOLVED BY SUCH PARTIES, RELATED TO OR ORIGINATED IN (A) THE VIOLATION OR BREACH OF YOURSELF OF ANY CONDITION OR REGULATION OR CONTRACT OR NOT IN THIS, (B) THE VIOLATION BY YOU OF ANY OF THE THIRD PARTY RIGHTS, (C) THE USE DUE TO OR DUE TO YOU BY THE AUTHOR’S SOFTWARE OR (D) COMMUNICATIONS GENERATED THROUGH THE SOFTWARE AND INFORMATION CONTENT IN THE SAME. 4.4 Use of the User’s computer equipment. If Your use of the Software depends on the use of a processor and bandwidth owned by or controlled by a third party, You acknowledge and agree that Your license to use the Software is subject to obtaining the consent of the corresponding third party for such use. . You declare and warrant that by accepting this Agreement and using the Software, you have obtained such consent. 4.5 Export restrictions and use outside the Bolivarian Republic of Venezuela. The Software may be subject to international rules governing the export of software. You must comply with all applicable national and international laws that apply to the Software, and you must also comply with the restrictions on destination, end use and end user issued by national governments. For use of CYPHERTOP software in other countries you should consult the Rules for Exports in Venezuela and Imports in the Country where you wish to use the Software, since some programs cannot be exported, re-exported or downloaded or used by any person in any country where Encrypted communications are prohibited. In addition, the software may not be exported, re-exported or downloaded by any person or entity subject to sanctions from the Bolivarian Republic of Venezuela and other countries with which Venezuela has anti-criminal alliances, regardless of where it is located. The Author makes this software available to you only on the condition that you certify that it is not such person or entity and that the use of the software is for legal purposes according to the country where you are. 5. DEADLINE, TERMINATION AND UPDATES 5.1 Deadline. This Agreement and the Conditions will be effective as of the Effective Date and until terminated by the Author or You in the manner set forth below and / or in the corresponding conditions. 5.2 Termination. You can terminate the Conditions at any time and with immediate effect, understanding that this implies the uninstallation of the Software from your Computer System. Without prejudice to other legal remedies, the Author may limit, suspend or terminate this license and its use of the Software and Services thereof, prohibit access to the Author’s Website and delete His User Account and / or User Name, with immediate effect, automatically and without resorting to the courts, if you consider that you incur in breach of the Conditions, cause legal problems or responsibilities (effective or potential), violate intellectual property rights of third parties, participate in fraudulent, immoral or illegal activities, or for other similar reasons that directly or indirectly affect the Author. The Author will enforce said termination by notifying you by email to the address provided by You and / or preventing you from accessing Your User Account. This termination will not incur for any reason any refund of the Amount granted to the Author for the software license. 5.3 Consequences of termination. Upon termination of this Agreement and the Additional Conditions: (a) all licenses and rights related to the use of the Software and the Services thereof will expire immediately; (b) You will immediately suspend all use of the Software and its Services; and (c) You will uninstall the Software if you can do it or the Author will proceed to uninstall all hard drives, networks and other storage media and destroy all copies of the Software in your possession or control immediately. The information contained in the software database will be deleted, but you may request a copy in another electronic format, in order not to lose it, but this will apply through an additional payment for said backup, and as long as the information is not of the type mentioned in subsection four point one (4.1). 5.4 New versions. The Author reserves the right to modify this Agreement at any time by publishing its revised version on the Author’s Website. The revised Contract will be effective upon updating and publication. Your express acceptance or Your continued use of the Software after the thirty (30) day period expires constitutes Your acceptance of the obligation to comply with the terms and conditions of the revised Contract. You can find the latest version of this Agreement at or download a copy from The Author reserves the right to occasionally modify the Additional Conditions and such modifications will become effective at the time of being updated and published on the Author’s website. 6. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY 6.1 Absence of guarantees. THE SOFTWARE IS PROVIDED IN ITS CURRENT STATUS AND WITH LIMITED WARRANTIES OF ERRORS IN THE PROGRAMMING, AND THERE ARE NO WARRANTIES OF ANY KIND FOR THE STATUS OF PROGRAMS OR DATABASES, DEPENDING ON THIS USE OF THE USER, AND THE CONDITIONS OF THE EQUIPMENT IN WHICH IT IS INSTALLED OR OTHER CAUSES OF RISK OF ELECTRONIC INFORMATION. THE AUTHOR DOES NOT OFFER EXPRESSLY, IMPLIED OR AFFECTED WARRANTIES, AFFIRMATIONS OR DECLARATIONS OF ANY KIND REGARDING SOFTWARE REGARDING, BETWEEN OTHERS, QUALITY, PERFORMANCE, ABSENCE OF INFRACTIONS, COMMERCIALIZATION OR USE OR PARTICULAR PURPOSES, OR REGARDING PROGRAMS MADE TO MEASURE, AS THEY DEPEND ON THE INFORMATION PROVIDED AND THE GUARANTEES WILL BE LIMITED TO THE DOCUMENTS WHERE MODIFICATIONS OR CHANGES TO THE SOFTWARE ARE REQUESTED, WHETHER THERE ARE IN PAPER OR BY ANY ELECTRICAL THROUGH THE AUTHOR’S WEBSITE. IN ADDITION, IT DOES NOT DECLARE OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE AND COMPLETE OR THAT IT WILL BE SAFE OR PRECISE, AS IT DEPENDS ON EXTERNAL FACTORS AS NETWORK COMMUNICATIONS, BOTH INTRANETS AS INTERNET OR COMMUNICATION OF THE SIMPLE / DONE OR PROCESSOR AND / OR ANY DEVICES OF THE EQUIPMENT IN WHICH THE SOFTWARE IS INSTALLED. IT DOES NOT DECLARE OR GUARANTEE THAT YOU WILL NOT SUFFER INTERRUPTIONS OR DELAYS, AS IT WILL ALSO BE FREE OF ERRORS OR THAT WILL WORK WITHOUT LOSS OF PACKAGES. THE AUTHOR ALSO GUARANTEES CONNECTIONS OR TRANSMISSIONS FROM OR TO THE INTERNET, OR THE QUALITY OF THE SAME AND NO OTHER FAILURE NOT EXPRESSED IN THIS AGREEMENT THAT DIRECTLY OR INDIRECTLY AFFECTS THE SOFTWARE. 6.3 Personal risk of the User. You acknowledge and agree that the totality of the risk and / or responsibilities resulting from the use of the Software is at Your own expense. 6.4 Disclaimer. You receive the Software with a limited trial time to claim a warranty of six months. Since the software is not a tangible product, no refund of money or any product or species will be made, since for the amount paid to the Author, you receive a license to use the software and may only claim repairs and / or modifications as long as point out flaws in it with proof that it is the software that does not work properly, and when you have paid for a custom license; and in both cases the repairs will be subject to revisions by the Author who will rule the cause of the failures if they were due to errors in the programming or due to hardware failures or communications outside the software. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT THE AUTHOR, ITS AFFILIATED COMPANIES, ITS LICENSORS AND THEIR PERSONNEL WILL HAVE NO LIABILITY ANYTHING THAT COMES UP OR RELATED TO THE USE OF THE SOFTWARE, AS PROVIDED BELOW. YOUR ONLY RIGHT OR LEGAL REMEDY BEFORE ANY PROBLEM OR NON-CONFORMITY WITH THE SOFTWARE IS TO UNINSTALL AND STOP USING THE SOFTWARE IMMEDIATELY, OR IN ITS DEFECT, PAY TO THE AUTHOR THE CORRECTIONS NEEDED FOR EFFECTS OF THE GOOD FUNCTIONING. 6.5 Limitation of liability. IN NO EVENT WILL THE AUTHOR, ITS AFFILIATE COMPANIES, ITS LICENSORS, OR ITS STAFF BE RESPONSIBLE, ALREADY IN CONTRACT, WARRANTY, AGRAVIO (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER FORM OF LIABILITY, AS FOLLOWS: 6.5: SPECIAL, INCIDENTAL OR INDIRECT DAMAGE (INCLUDED, ENUNCIATIVELY BUT NON TAXATIVE, ANY LOSS OR CORRUPTION OF DATA, INTERRUPTION, FAILURE OF THE COMPUTER EQUIPMENT OR HERITAGE LOSS) THAT COMES FROM THE USE OR IMPOSSIBILITY OF USE OF THE SOFTWARE; 6.5.2 NO LOSS OF INCOME, OR DIRECT LOSSES, COMMERCIAL OPPORTUNITIES OR PROFITS (DIRECT OR INDIRECT) THAT COME FROM THE USE OR IMPOSSIBILITY OF USE OF THE SOFTWARE; 6.5.3 NO LOSS OR INJURY IN WHICH YOU MAY INCLUDE AS A CONSEQUENCE OF THE FOLLOWING: (I) ALL INTERRUPTION OR DELAY IN COMMUNICATIONS WHEN USING THE SOFTWARE; (II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR THE AUTHOR FOR ANY REASON; (III) THE PRESENTATION OF NEW SOFTWARE VERSIONS OR THE DECISION NOT TO PRESENT THEM TO YOU. 6.6 THE LIMITATIONS OF THE AUTHOR’S RESPONSIBILITY WITH REGARD TO YOU IN PARAGRAPH 6.5 INDICATED ABOVE WILL REGIST INDEPENDENTLY IF THE AUTHOR, ITS AFFILIATED COMPANIES OR THE AUTHOR’S STAFF HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES AND LOSSES. 6.7 NO PART OF THIS CONTRACT HAS ANYTHING TO EXCLUDE OR RESTRICT, OR MUST BE INTERPRETED TO EXCLUDE OR RESTRICT, THE AUTHOR’S RESPONSIBILITY FOR ALL RESPONSIBILITY THAT BY LAW IS NOT SUSPECTABLE OF LIMITATION OR EXCLUSION, BUT WILL NOT BE RETROACTIVE, BUT I APPLY THEM CURRENT ON THE EFFECTIVE DATE. 7. ADDITIONAL CONDITIONS 7.1 In addition to this Agreement, You must comply with the following Additional Conditions when receiving, installing and / or using the Software. We ask that you read these Additional Conditions carefully, which in their entirety are part of this Agreement: • Software Distribution. You may not distribute the Software or any part that composes it on CD-ROM, DVD or other similar physical storage media, unless it complies with the Distribution Conditions and is granted permission by the Author. All Additional distribution of the Software is subject to paragraph 7.2. • The use of the Author’s websites is subject to the Conditions of Use stipulated by the Author. 7.2 Other exceptions. If you wish to do something that is not permitted by this contract, nor in any of the additional conditions, you must obtain the prior written consent from the Author and explicitly accept any additional conditions. 7.3 Confidential information and privacy of the User. The Author undertakes to respect the privacy and confidentiality of personal or impersonal information and of what is contained in the Software databases. The Privacy Policy described in governs the use that the Author may make of the information contained in the database of the system used by the client, the traffic information and the content of His communications. If you object to Your information being used in the manner described in the Privacy Policy, refrain from using the Software and terminate this agreement. 8. MISCELLANEOUS 8.1 Full contract. The clauses and conditions constitute the entire agreement between You and the Author with respect to what is discussed here and revoke and replace any previous agreement or contract on these stipulations, regardless of the form of such instruments. No element in this clause may exclude or restrict the liability of You or the Author that arises from fraud or malicious manifestation. 8.2 Partial disability. If any court or administrative body of competent jurisdiction determines that any of the provisions of the Clauses or Conditions of this instrument, or any part of a provision is illegal, invalid or non-enforceable, and the provision or part of the provision in question does not to the essence of the Conditions as a whole, the legality, validity or capacity of execution of the rest of the Contract and the Conditions, including the rest of the clause that contains the corresponding provision, will not be affected. 8.3 Absence of waiver of rights. The lack of exercise or the delay in exercising a right, faculty or remedy provided by the Conditions or by law shall not constitute a waiver of such right, faculty or appeal. If the Author refuses to claim for the breach of any provision of the Conditions, it will not constitute a waiver to claim for a subsequent breach of said provision, nor renounce to claim for the breach of any other provision. 8.4 Assignment You are prohibited from assigning the Conditions or any other right acquired by this. The Author may, at its sole discretion, assign the Conditions or any of the rights acquired herein to any third party, without prior notification. 8.5 Current laws and competent court. The Conditions will be governed and interpreted in accordance with the laws of the Republic of Guatemala, and will be subject to the jurisdiction of the courts of the capital district of the Republic of Venezuela. 8.6 Language It is possible that the original Spanish version of the Conditions has been translated into other languages. In case of contradictions or discrepancies between the Spanish version and that of any other language, the Spanish version will govern. 8.7 Continuity of validity. The conditions of paragraphs 2.5, 5 and 6 of this Contract, and any other provision of the Additional Conditions with respect to which it would have been expressed that it will remain in force or prevail in the event of termination, will remain in effect after the termination of this Contract and the corresponding Additional Conditions for any reason. 8.8 Waiver of the jurisdiction of your domicile. You waive the jurisdiction of your home and submit to the courts of the Mexico City, Mexico. For whatever reasons it is necessary to go to court or competent court, either by you or by the Author, except in the case where the Author decides a different address.