End User License Agreement
Last modified: May, 2020
BY USING THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THIS AGREEMENT. YOU EXPLICITLY AGREE TO USE THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER CONSISTENT WITH THE TERMS OF THIS AGREEMENT. YOU FURTHER AGREE TO FULLY COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY PROVISION HEREIN DO NOT USE THE BROWSER EXTENSION/ INSTALLATION PRODUCT, INSTALL OR OTHERWISE USE THE OFFER IN ANY MANNER WHATSOEVER, AND UNINSTALL WHERE APPLICABLE.
BROWSER EXTENSION/ INSTALLATION PRODUCT & OFFER
Our Browser extension/ installation product is designed to performs and optimizes the installation of the Offer developed or published by us.
You may, at your discretion, skip, decline or accept any of the Offers and may decide to stop and cancel the installation of the Offer.
In order to install the Offer, you will be required to provide with your permission and consent (by clicking 'accept' (or similar language) button, or other method determined by). By using the Browser extension/ installation product, you hereby grant the Company your consent to install the Offer, including additional software required to execute such Offer, as determined by us. You acknowledge that the Offer installation requires registry changes, as well as access to the Internet. In addition, you acknowledge that the Offer may change your home page or your default search provider or computer repair products, etc.
Please note, you may stop or cancel the Browser extension/ installation product's operation with the designated 'cancel' (or similar language) button following initiating the installation process, however, we may disable your ability to do so in certain stages of the installation process. Please be advised that, stopping the Browser extension/ installation product operation in certain stages of the process, not through the designated button may result in damage to your device. We will not be responsible or liable in any manner for such damages. In addition, installation that was interrupted or canceled prior to completion may result in residual data or software remaining on your device which can be removed manually, including a desktop application to continue installation from interruption.
GRANT OF LICENSE
Under this Agreement, you are hereby granted with a limited, non-exclusive, non-transferable, non-sub-licensable and revocable license, to use the Browser extension/ installation product and download the Offer ("License") you hereby acknowledge that the License is granted to you subject to compliance with the provisions herein and solely for your non-commercial, personal use and purposes. The Company does not grant you any other rights whatsoever in relation to the Browser extension/ installation product and Offer. All other rights are expressly reserved by the Company.
Any and all intellectual property rights, title and interest of any kind in and to the Browser extension/ installation product and Offer, including, without limitations, tradenames, trademarks, logos and any and all modifications, upgrades, derivative works, know-how, technology methods, ideas and inventions, rights in software and computer code (whether in source code, object code or any other form) and all applications and registrations, are and shall remain the exclusive property of the Company and its licensors.
YOUR REPRESENTATIONS AND WARRANTIES
By using our Browser extension/ installation product and Offer, you represent and warrant that you will not:
- modify, change, edit, alter nor bypass any feature of the Browser extension/ installation product and Offer;
- circumvent, interfere or disable the security features of the Browser extension/ installation product and Offer or degrade its performance in any way;
- use any malicious codes or automated means, including scraping, crawling, or any robot, spider etc., when accessing the Browser extension/ installation product and Offer;
- copy, sell, lease, sublicense, share or distribute the Browser extension/ installation product and Offer and the License granted herein, or otherwise commercially exploit the Browser extension/ installation product and Offer;
- modify, adapt, disassemble, translate, decompile, reverse engineer, make any copies of, circumvent or hack the Browser extension/ installation product and Offer, or attempt to derive its source code;
- use the Browser extension/ installation product and Offer in any fraudulent, unlawful, or harmful, manner;
- assert any proprietary rights in or to the Browser extension/ installation product and Offer, or any feature or content therein, nor remove, obscure or alter any notices of proprietary rights;
- use the Browser extension/ installation product and Offer in any way that violates any term of this Agreement.
PLEASE NOTE THAT ANY USE OF THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER IN BREACH OF THIS AGREEMENT MAY RESULT, AT COMPANY'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS AND USE OF THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER, AS WELL AS RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.
UPDATES AND UPGRADES
We reserve the right to update, upgrade or preform other revisions to the Browser extension/ installation product and Offer. Such updates will not require us to provide you with any notice (prior or otherwise). We shall not be liable for any damages or other effect resulting from any changes, as detailed above. By installing the Offer, you approve the downloading and installation of an automatic updates of our Offer. Notwithstanding the above, we have no obligation to provide upgrades or updates.
THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER ARE PROVIDED BY THE US "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, OR WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER IS OR WILL BE FREE OF VIRUSES OR HARMFUL CODE NOR THAT THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER WILL BE ERROR-FREE, OR THAT WE WILL CORRECT ANY ERRORS. THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS. WE MAKE NO REPRESENTATION OR WARRANTIES THAT THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER IS OR WILL BE AVAILABLE FOR USE IN ANY SPECIFIC LOCATION OR TIME. YOUR USE OF THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER IS AT YOUR OWN RISK AND RESPONSIBILITY.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIITATIONS,LOST OF PROFITS OR DATA, OR DAMAGES TO EQUIPMENT, ARISING OUT OF THE USE OR INABILITY TO USE THE BROWSER EXTENSION/ INSTALLATION PRODUCT AND OFFER EVEN IF THE COMPANY OR ANYONE ON ITS BEHALF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S LIABILITY FOR ALL EXCEED THE ACTUAL PRICE PAID BY YOU FOR YOUR USE OF THE BROWSER EXTENSION/ INSTALLATION PRODUCT OR OFFER; OR TEN DOLLARS (10$), WHICHEVER IS LESS.
TERM AND TERMINATION
At any time, each party may terminate this Agreement, which shall be in effect as of the date in which you use the Browser extension/ installation product and download the Offer. You may uninstall the Offer; by using the standard uninstall procedure through your device. Upon termination of this Agreement the License shall be automatically terminate as well.
The Company may cease the operation of the Browser extension/ installation product or Offer at any time. The Company shall not be liable to you or any third party for any of the foregoing.
You will indemnify, defend and hold the Company harmless, as well as its respective affiliates, officers, directors, shareholders, or representatives from any and all losses, claims, demands, judgments ,damages, expenses, liabilities, and all related costs, including reasonable attorney's fees incurred by the Company as a result of or arising out of your breach of this Agreement.
AMENDMENTS OF THIS AGREEMENT
This Agreement may be amended or revised from time to time at the Company's sole discretion; the date of the most updated Agreement shall be indicated in the "Last Modified" date. Please note that we do not guarantee to provide with a notification upon preforming amendments to this Agreement. The changes and revisions to this Agreement shall be effective upon the publication of the revised Agreement, and your continuous use shall be considered as your acceptance of the revised Agreement, so please make sure to review this Agreement from time to time.
ADDITIONAL GENERAL TERMS
Jurisdiction & Dispute Resolution: this Agreement shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of law. Any claim, controversy, or dispute arising under, related to, or otherwise in connection with this Agreement, the Browser extension/ installation product or Offer, will be exclusively resolved in the competent courts located in Tel Aviv, Israel. The limitation regarding any claim to the Browser extension/ installation product or Offer shall be limited to twelve (12) months as of the applicable claim and will be permanently barred afterwards.
Entire agreement: this Agreement and any amendments shall constitute the entire understanding between the parties with respect to the Browser extension/ installation product or Offer. If any part of this Agreement is later decided to be unenforceable or void, it will not affect the validity of remaining provision of this Agreement, which shall remain valid and enforceable.
Assignment: you may not assign or transfer this Agreement, the License, or any right or obligation herein. The Company expressly reserves the right, at its sole discretion, to assign this Agreement and to delegate any of its obligations detailed herein.
Force majeure: the Company shall not be deemed in breach of this Agreement if the Company is unable to provide the Browser extension/ installation product, Offer or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, internet outages, global pandemic or any act of god or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company's control
Waiver: Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches.
COMPANY'S CONTACT INFORMATION
Bony Innovation Ltd.
+1 (833) 237-8281
11th Hamenofim St. Herzliya 4672562, Israel