You acknowledge that the Fees are not refundable under any circumstances. If the Fees are not paid within thirty (30) days of the invoice date, if you notify Ookla that you no longer wish to have a subscription for Speedtest Custom, or your Speedtest Custom subscription otherwise terminates or expires, Ookla will unpublish your Test so it is no longer available to end users. You agree to pay fees as agreed between you and Ookla relating to your subscription for Speedtest Custom (the “Fees”) and you agree to be invoiced by Ookla on an annual basis to maintain your Speedtest Custom subscription, unless these Terms are otherwise terminated as set forth herein or if you notify Ookla in writing that you no longer wish to have a subscription for Speedtest Custom. Fees and Payments Term for Subscriptions. Speedtest Custom also includes any data, source code, and proprietary methodology or process embodied in, developed in connection with, collected as a result of using, or in any way associated with Speedtest Custom, and any other materials developed by Ookla or its Affiliates (as defined in Section 3 below) in the course of providing Speedtest Custom, which includes all copyrights, patents, Ookla Marks (as defined in Section 4.3 below), trade secret rights, and other intellectual property rights, whether registered or unregistered and including all applications (or rights to apply) for, renewals, or extensions of such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world. Tests are initiated by an end user and the Test Results are normally presented in the browser of the device on which the Test Page is displayed (“Results Page(s)”) according to the options selected in your online account. Speedtest Custom may be made available and/or displayed on multiple Test Pages simultaneously. Speedtest Custom operates on Ookla’s Speedtest Server Network (“SSN”) to Test the connection(s) between the device on which the Test page (“Test Page”) is being displayed and one or more test servers. Speedtest Custom permits end users to test the speed and latency of their TCP/IP network connections (“Test”) and receive the results (“Test Results”) when the Test has successfully completed. Upon accepting these Terms, Ookla, LLC (“Ookla”) hereby grants to you a non-exclusive, limited, worldwide license to access and use Speedtest Custom in accordance with these Terms. In consideration of the mutual covenants and promises herein contained, by submitting a purchase order or remitting payment for the Speedtest Custom Basic application described in Section 2 below (“Speedtest Custom”), you, individually and on behalf of your company, hereby agree to the following terms and conditions (“Terms”): 1. OOKLA SPEEDTEST CUSTOM™ BASIC TERMS AND CONDITIONS OF USE
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