IMPORTANT – Before installing or using WithSecure Elements Vulnerability Management, carefully read the following legal terms (“Terms”). By selecting the accepting option, or by installing, copying or using WithSecure Elements Vulnerability Management, You’re agreeing to these Terms on behalf of Your organization (“You”), and You agree You have read these Terms, understand them and agree to be legally bound by them. If You do not agree to all of the terms, do not install, use or copy WithSecure Elements Vulnerability Management.

Scope

These Terms cover the WithSecure Elements Vulnerability Management and security scanning solution developed by WithSecure and any services, tools or portals based on and/or directly related thereto, including any adjustments to them in the form of updates/upgrades and/or customer-specific adjustments and any related documentation (“WithSecure Elements Vulnerability Management”).

License grant

Subject to these Terms and the payment of applicable license / subscription fees, WithSecure grants You a non-exclusive, non-transferable right to use the specified WithSecure Elements Vulnerability Management version, for a specified time period, as separately agreed between You and WithSecure or its distributors. WithSecure and its licensors reserve any and all rights not expressly granted to You.

Additionally, upon Your request and WithSecure’s approval, WithSecure may grant You a limited, non-exclusive, non-transferable right to evaluate WithSecure Elements Vulnerability Management for non-commercial purposes. You must purchase a license / subscription to WithSecure Elements Vulnerability Management to continue to use WithSecure Elements Vulnerability Management commercially after the evaluation period ends.

You as the licensee may use WithSecure Elements Vulnerability Management:

• for Your internal operations and internal security purposes to seek and assess information technology vulnerabilities for Your own networks, websites, applications and/or systems;
• to provide services to third parties to seek and assess information technology vulnerabilities on such third party’s networks, websites, applications and/or systems, provided that You’re authorized to do this and have received all required consents from such third parties;
• to permit a third party to administer and/or use WithSecure Elements Vulnerability Management on Your behalf to perform security services for Your business as specified in section 3 below.

Third party use and access

You as the licensee may permit a third party to administer WithSecure Elements Vulnerability Management and/or use WithSecure Elements Vulnerability Management to perform security services for Your business, provided that i) any such third party use or administration is for Your sole benefit and on Your behalf, and ii) You are legally responsible and liable for such third party’s use of WithSecure Elements Vulnerability Management including any obligations arising from such use and any breach by such third party of these Terms. Upon 30 days’ notice, WithSecure may withdraw its consent to the use of any third party. No other access to, use, copying, disclosure or distribution of WithSecure Elements Vulnerability Management by third parties is permitted.

You agree to use commercially reasonable efforts to ensure that no unauthorized parties have access to or use WithSecure Elements Vulnerability Management and that no unauthorized copy, disclosure or distribution of WithSecure Elements Vulnerability Management, in whole or in part, in any form is made by You or any third party. You agree to notify WithSecure promptly of any unauthorized access to, use, copying, disclosure or distribution of WithSecure Elements Vulnerability Management. You acknowledge that WithSecure Elements Vulnerability Management contains valuable confidential information and trade secrets of WithSecure and/or its licensors.

License restrictions

You are not allowed to:

• access, use, copy, exploit, disclose or distribute WithSecure Elements Vulnerability Management except as expressly set out in these Terms;
• demonstrate, sell, offer to sell, distribute or transfer WithSecure Elements Vulnerability Management or any portion thereof to any third party;
• use WithSecure Elements Vulnerability Management or any portion thereof to implement any product or service to operate on or in connection with WithSecure Elements Vulnerability Management for any other purpose than for which WithSecure Elements Vulnerability Management is provided;
• create derivative works based upon WithSecure Elements Vulnerability Management or any portion thereof;
• decompile, disassemble, reverse engineer, or otherwise attempt to derive, obtain or modify the source code of WithSecure Elements Vulnerability Management;
• use WithSecure Elements Vulnerability Management if You are, or You work for, a competitor of WithSecure’s in the software security industry;
• sublicense any of the rights granted to You in these Terms.

Intellectual property

WithSecure and its licensors retain all right, title, and interest in WithSecure Elements Vulnerability Management as well as any tools provided by WithSecure. Except as expressly set forth in section 2, nothing in these Terms shall be construed as conferring on You any express or implied license, option to license, or other right to any confidential information, technology, software or intellectual property rights embodied in WithSecure Elements Vulnerability Management. All intellectual property rights pertaining to WithSecure Elements Vulnerability Management shall be and remain the property of WithSecure and/or its licensors. You acknowledge that WithSecure may freely use any suggestions, comments or other feedback about WithSecure Elements Vulnerability Management.

Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, WITHSECURE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT WITHSECURE ELEMENTS VULNERABILITY MANAGEMENT. WITHSECURE ELEMENTS VULNERABILITY MANAGEMENT IS PROVIDED “AS IS”. WITHSECURE DOES NOT GUARANTEE THE COMPLETENESS OR ACCURACY OF THE RESULTS OR THAT WITHSECURE ELEMENTS VULNERABILITY MANAGEMENT WILL FIND ALL SECURITY VULNERABILITIES. WITHSECURE ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

No oral or written information or instructions given by WithSecure, its dealers, distributors, agents, or employees shall create a warranty and You may not rely on any such information or instructions. Some jurisdictions don’t allow the disclaimers in this paragraph, so they may not apply to You.

WithSecure’s liability

IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT, SHALL WITHSECURE, ITS EMPLOYEES, ITS LICENSORS, ITS DISTRIBUTORS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, FILES OR DEVICES, APPLICATION FAILURE OR MALFUNCTION, NETWORK IMPAIRMENT, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, WITHSECURE ELEMENTS VULNERABILITY MANAGEMENT, EVEN IF WITHSECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHSECURE’S, ITS LICENSORS’ OR ITS DISTRIBUTORS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR WITHSECURE ELEMENTS VULNERABILITY MANAGEMENT FOR A PERIOD OF SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT CAUSING THE LIABILITY.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to You or may apply to You only in part. WithSecure is acting also on behalf of its employees, distributors, licensors, suppliers and affiliates to disclaim, exclude and restrict obligations, warranties, and liability as provided in these Terms, but in no other respects and for no other purpose.

Your responsibility

You are solely responsible and assume the entire risk and liability for Your use of WithSecure Elements Vulnerability Management and Your actions based on the results provided by WithSecure Elements Vulnerability Management.

Notwithstanding anything to the contrary set out in these Terms, You shall defend, indemnify and hold WithSecure, its subsidiaries, and their employees harmless from damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by WithSecure, its subsidiaries, or their employees in relation to claims and actions arising out of or relating to Your use of WithSecure Elements Vulnerability Management and/or the services You provide to third parties through Your use of WithSecure Elements Vulnerability Management.

Confidentiality

“Confidential Information” shall mean WithSecure Elements Vulnerability Management and all other information disclosed to You that WithSecure characterizes as confidential at the time of its disclosure either in writing or orally, or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential, except for information which You can demonstrate: (a) is previously rightfully known to You without restriction on disclosure; (b) is or becomes, from no act or failure to act on Your part, generally known in the relevant industry or public domain; (c) is disclosed to You by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by You without access to the Confidential Information. You shall use Your best efforts to preserve and protect the confidentiality of the Confidential Information at all times. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent WithSecure. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify WithSecure in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of these Terms, and will cooperate with WithSecure in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use.

General

SUITABILITY. WithSecure Elements Vulnerability Management is subject to certain functional restrictions, such as purpose of use and certain technical requirements including but not limited to operating system, storage space, geographical location or network connectivity, as informed by WithSecure or its distributor from time to time. You hereby acknowledge and confirm that You have checked its suitability for Your own requirements before using WithSecure Elements Vulnerability Management.

AVAILABILITY. You are informed and hereby accept that all or part of WithSecure Elements Vulnerability Management may be temporarily unavailable / nonoperational for repairs, updates/upgrades, maintenance or for reasons beyond WithSecure’s reasonable control (force majeure). WithSecure, its licensors or its distributors shall not be held liable for the consequences of such interruptions and shall undertake to restore the availability / operation of WithSecure Elements Vulnerability Management as rapidly as reasonably possible, depending on the technical constraints encountered.

CHANGES. WithSecure reserve the right to modify features or functionality of WithSecure Elements Vulnerability Management from time to time. Such changes may include adding new features or dropping existing features. WithSecure reserve the right to end the maintenance and support for certain versions or for certain operation systems of WithSecure Elements Vulnerability Management in accordance to its product life cycle practices. This may lead to WithSecure Elements Vulnerability Management becoming inoperable. Continuing to use a discontinued version is not recommended and such use is entirely at Your own responsibility. As WithSecure Elements Vulnerability Management is likely to evolve and change during Your subscription, WithSecure may need to revise these Terms in connection of updates/upgrades and the revised Terms shall automatically apply to the corresponding versions of WithSecure Elements Vulnerability Management distributed with the revised Terms. If any part of these Terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.

ADDITIONAL TERMS. WithSecure Elements Vulnerability Management may contain web applications or web portals. The use of such sites may be subject to additional terms. You agree to review such sites for additional terms of use and only use such sites accordingly. Such sites may also be those of WithSecure’s distributor or of other third parties. WithSecure have no liability whatsoever on any third party sites.

OPEN SOURCE LICENSES. To the extent any component of WithSecure Elements Vulnerability Management is made available to You under an open source license, list of applicable open source licenses are available in the product user interface and the provisions of that license may expressly override some of these Terms.

TERMINATION. Your license / subscription to WithSecure Elements Vulnerability Management will end immediately without notice if You are in breach of any of these Terms. Where WithSecure observes that You are using WithSecure Elements Vulnerability Management in breach of these Terms or its intended purpose, WithSecure reserves the right i) not to renew Your license / subscription, ii) limit Your use of WithSecure Elements Vulnerability Management and/or part thereof, and/or iii) terminate Your license / subscription. Such termination shall not give rise to any claims for compensation or otherwise by You. The Terms on restrictions on use shall survive any termination. In the event of termination of Your license / subscription, and irrespective of the reason hereto, You shall immediately i) discontinue all use of WithSecure Elements Vulnerability Management, and ii) delete any such copies of WithSecure Elements Vulnerability Management, that may be installed on Your own IT environment.

EXPORT RESTRICTIONS. You acknowledge and agree that WithSecure Elements Vulnerability Management may be subject to restrictions and controls imposed by national laws and regulations, including but not limited to European Union export regulations or the United States Export Administration Act (collectively “Export Rules”). You agree and certify that neither WithSecure Elements Vulnerability Management nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country for which such export is prohibited under the Export Rules and the regulations thereunder, nor will it be used for any purpose prohibited by the same. By using WithSecure Elements Vulnerability Management, You are acknowledging and agreeing to the foregoing, and You are representing and warranting that You will comply with the Export Rules when either exporting or re-exporting or importing WithSecure Elements Vulnerability Management or any underlying information technology. Further, You represent and warrant that You are not a national of any US embargoed country, or a party listed in the U.S. Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals.

GOVERNING LAW AND DISPUTES. These Terms are governed by the laws of Finland. With the sole exception of any application for injunctive relief, any dispute, controversy or claim arising out of or relating these Terms, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce by one arbitrator. The place of arbitration is Helsinki, Finland and the language of arbitration is English.

If you have any questions on these Terms or if you would like to contact WithSecure for any other reason, please write to WithSecure Corporation, PL24, FI-00181 Helsinki, Finland, e-mail: helsinki@withsecure.com, or call: +358 9 2520 0700.

THE FOLLOWING LEGAL TERMS ("TERMS") GOVERN YOUR RIGHT TO USE AND ACCESS TO WITHSECURE COMMUNITY ("COMMUNITY") PROVIDED BY WITHSECURE CORPORATION ("WITHSECURE", "WE", "OUR") . BY REGISTERING FOR A COMMUNITY ACCOUNT AND/OR BY USING OR VISITING THE COMMUNITY YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. YOU ALSO AGREE NOT TO USE COMMUNITY AGAINST THESE TERMS OR SPECIFIC INSTRUCTIONS ELSEWHERE IN THE COMMUNITY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR IF YOU ARE BELOW THE AGE OF TWELVE (12), YOU ARE NOT ALLOWED TO ACCESS, VISIT OR PARTICIPATE IN THE COMMUNITY.

Description and purpose

WithSecure provides these Community forums as a service to its users and customers, to help them exchange ideas, tips, information, and techniques related to overall security related issues and to our services. These forums are here for the enjoyment and benefit of all members and accessible to all who register. Like any community, they are most valuable when everyone obeys certain basic guidelines and rules for online behavior.

Posting and prohibited content

Use of the Community is at your own risk. Do not post any information, especially personal information such as addresses and phone numbers, that you do not wish to make public. Any information that you post to public boards can be obtained and used by others. You are responsible for any personal information you disclose to the Community. WithSecure or Lithium Technologies Inc. ("Platform Provider") is not responsible for third parties' use of information posted to the open community.

Users of the Community agree not to upload, post, or otherwise transmit any content that includes any of the following inappropriate content:

• Content that is: unlawful, libelous, harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender;
• Any private or personal information or content that is not your own or that you do not have rights to transmit, such as:
  - address, phone number, personal email address, social security number
  - copyrighted content, trade secrets or securities
• Off-topic content not relevant to community purpose;
• Spam, such as advertising, promotion or solicitation, including chain letters, class action lawsuits, charitable appeals;
• Content or links to content that contains contaminating or destructive features that may damage someone else's computer;
• Duplicate or excessively repeated submissions in one or more areas;
• Content designed to evade profanity or other filters;
• Hyperlinks to sites that violate the terms;
• Content used to impersonate another person;
• Content or behavior that violates any applicable laws;
• Content or behavior that interferes with the operation of the site or with another member's ability to use the site;
• Evading site controls such as bans, or otherwise disregarding the directions of the site moderators or administrators
• Content that infringes copyrights or other intellectual property rights of third parties.

Enforcement

WithSecure may remove any information, in its sole discretion, including but not limited to personal data or data, material or content provided by any of the users, considered to violate the Terms or be inappropriate for the Community for any reason. WithSecure shall under this agreement have no obligation to monitor any of the material provided by you to WithSecure and/or to the Community, but may do so at its discretion. WithSecure also retains the right to immediately revoke any and all of Your access rights in case Your breach of any of these Terms or suspected misuse of the Community.

To report violations, please contact the WithSecure community moderator and include the message board name and the link of the post in question: community-support@withsecure.com

Feedback and ideas

Any bulletin messages, suggestions, ideas, bulletin board postings or concepts ("material") that are submitted to WithSecure via Community website shall become, and remain the property of WithSecure. Furthermore, WithSecure is not responsible for the confidentiality of any material communicated to Community. By communicating material to the Community, you agree that WithSecure has the right to use and publish the material in products or publications for any purpose, including, but not limited to, product and/or service development, advertising and promotional purposes. You agree not to take action against us in relation to material that you submit.

Privacy

User data

We collect your personal data only when registering to the community service. The data includes typically your name and email address. You can enter more information to the system but this is not mandatory.  Registration is required when you wish to post to the community and is used for operating the community, in particular maintaining the messaging structure. 

Legal grounds

We process your data so that we can provide you with the community services and continuously improve on the content and usability of the service. Our legal ground for this is “contract performance” so we can manage the community.

It is necessary for us to have the data requested for us to be able to create your individual account to WithSecure Community. The identification of data is needed to highlight active contributors to WithSecure community.

Recipients

The data is not disclosed to external entities beyond the 3rd party platform provider and WithSecure Polish and Malaysian subsidiaries, which both process data only on WithSecure Corporation’s instructions.

Retention

We store your community account data based on your consent for 12 months since you last logged in to the system after which your community account is deleted. Users with a valid WithSecure service subscription are excluded from the deletion. During this time, you have full control on your own community data we have on you. You can edit and delete your community data via accessing your WithSecure Community account. 

More information on your rights to your data is available in the WithSecure privacy statement. 

Analytics

We want to make this service even better. To do that, we need to know - for example - which articles/posts are viewed the most and found most useful and how users find the service. 

When visiting our community, we collect session data about your activities in non-personally identifiable format to further develop the community and its usage. The use of website analytics is explained in the website privacy policy.

Correctness of information and disclaimer of warranty

The Community and its contents, regardless of who originates that content, are provided "as is", without warranty of any kind. WithSecure, on behalf of itself, its employees, officers and suppliers, Platform Provider and those that have contributed to data presented in the Community expressly disclaim all implied warranties of any kind. Users of the Community agree that WithSecure is not responsible for the accuracy of the content of the Community and will not be liable for any damages incurred as a result of their use of any such content.

Where the Community contains links to third party sites, you acknowledge that the content on such third party sites may be subject to change from time to time and that such third party sites are not under WithSecure's control and that WithSecure has no liability in regards to the contents of such third party sites or Your activities in such third party sites.

Indemnity and limitation of liability

CONTENT POSTED TO THE COMMUNITY IS MOSTLY PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH WITHSECURE OR PLATFORM PROVIDER. YOU AGREE THAT WITHSECURE OR PLATFORM PROVIDER DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY, FOR THIS THIRD-PARTY CONTENT. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND USE OF THE COMMUNITY AND YOU AGREE TO INDEMNIFY AND HOLD WITHSECURE AND PLATFORM PROVIDER HARMLESS FROM ANY CLAIM MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH COMMUNITY, USE OF COMMUNITY, VIOLATION OF THE TERMS OR VIOLATION OF ANY RIGHTS OF ANOTHER. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, CONTRACT, OR OTHERWISE, SHALL WITHSECURE OR PLATFORM PROVIDER BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

Changes to terms

We will be making changes to Community, these Terms and relevant policies (including those referred herein) from time to time. We notify about such changes when we deem that changes in terms are material enough to warrant a notification / re-approval, but will not be required to do so in case of minor changes. Changed Terms shall be available in the same location and shall be effective when posted. In case you choose not to accept the then current Terms, you should cease Your use of the Community. The Terms and policies in force at the time you used the Community shall be applicable to Your use of Community made under such Terms. The month of the copyright notice at the end of Terms will allow you to easily monitor when changes in terms have occurred.

General

WithSecure may discontinue, modify or terminate any of user accounts to Community at its sole discretion. Upon termination of Community or Your usage rights therein, any terms that would reasonably survive termination, shall continue to be in force including, but not limited to; terms concerning restrictions on use, disclaimer of warranty, limitation of liability.

The Terms are not necessarily exhaustive and additional terms relating to certain contents or functionalities available in the Community may exist.

If any of these conditions is deemed invalid, void, or for any reason unenforceable, such portion of the condition will be deemed severable and will not affect the validity and enforceability of any remaining condition or these Terms.

These Terms shall be governed under the laws of Finland without regard to conflict of laws rules and principles.

By utilizing WithSecure™ Corporation remote support services, you (on behalf of yourself and / or the legal entity you represent) agree:

• to grant remote access to your computer to WithSecure's or its affiliates' or subcontractors' support personnel for the purposes of providing remote technical support and that you are authorized to grant access to computer or other device you are establishing the remote connection.
• that you are personally responsible for ensuring a valid backup of any data and applications has been made prior to any activities undertaken via the WithSecure remote support tool.
• that due to nature of certain technical problems, it may not be possible to resolve your particular problem via remote support.
• that because of complexity and variety of support cases and inevitable dependencies and reliance on third party technologies; all support is provided on "best efforts" basis and WithSecure may not be able to remedy some issues.
• that you do not have privacy, security or password sensitive applications / web pages / email open during remote support activities.
• that for reasons of providing good customer care we may help you with and offer solutions to i) certain product features that are undesirable to you and/or ii) issues arisen due to third party product, as part of our support services but provision of any help for solving and/or circumventing the abovementioned items is not deemed as acknowledgement that any such issues would constitute errors in our software or services.
• if you are granted access to a copy of WithSecure software for support resolution purposes; i) in the absence of specific license terms in the said software; all use of such software copies are subject to WithSecure end user license terms in the WithSecure commercial software you have installed on your device, or ii) in the absence of such installation; the end user license terms. You agree that except for the time-limited use of software for the purpose of solving your support problem, no other rights to software are granted to you.
• that for the purposes of providing you with support and problem resolution services, i) you may be asked to provide personally identifiable data (including emails and/or metadata thereof) to WithSecure or its affiliates or its support partners and/or ii) where necessary to resolve the support issue, data from your device that is identifiable to you may be collected and sent to WithSecure, to its affiliates and/or to its support partners for problem resolution analysis. All such data will be processed in accordance to WithSecure privacy policy.
• that all remote services and software are provided as-is and at your own risk. You acknowledge and understand that the support engineer providing you with support services is not familiar with interconnections, settings, or special applications on your device or all purposes to which your device is used for or for which the device is connected to.
• that any suggestion given by WithSecure, its affiliates or its support partner to resolve the issue is only indented for the support problem at hand and is not intended or offered as a generic advice for other purposes.
• not to hold WithSecure responsible or liable for any damages, compensations, fees or costs whether direct or indirect, consequential, incidental or otherwise and whether based on contract, tort or equity which may occur (e.g. for reasons of system reboot, data loss or corruption, system failure, unauthorized access or otherwise) and that — in the absence of wilful misconduct on its part — WithSecure (on behalf of itself, its affiliates, its subcontractors and their officers and employees) disclaim any liability for any damages incurred in connection with the usage of this service to the fullest extent allowed by law. For the avoidance of doubt; WithSecure or its affiliates are not liable for any negligent or wilful actions of its subcontractors undertaking the said support activities.
• that unless otherwise stated below, these terms shall be governed under the laws of Finland without regard to conflict of laws rules. The courts of Finland shall have the exclusive jurisdiction and venue to adjudicate any dispute arising out of these terms. In the case of licenses purchased within or on behalf of licensees residing within the United States or operating under the laws of the United States the governing law of these terms shall be the laws of the State of California without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sale of Goods. In such cases, the exclusive jurisdiction and venue to adjudicate any dispute arising out of these terms shall be of the federal and state courts located in California. In respect of licenses purchased by consumers residing outside Finland or the United States, these terms may be governed by the mandatory local laws of such jurisdictions.