Last Modified: August 08, 2020
These Terms of Service (the "Terms") constitute a legally binding agreement made between you (the "User"), and S2N MEDIA LTD (the "Company"), which is the legal owner of the Installer and Software (as defined below), developed or otherwise licensed to the Company. These Terms provides the terms and conditions by which the User may use the Installer and Software, including any associated features.
USER’S ACCEPTANCE OF THESE TERMS BY USING THE INSTALLER AND SOFTWARE, THE USER ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTOOD AND AGREES TO THESE TERMS. THE USER EXPLICITLY AGREES TO USE THE INSTALLER AND SOFTWARE CONSISTENT WITH THESE TERMS. THE USER FURTHER AGREES TO FULLY COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING THE USER’S USE OF THE INSTALLER AND SOFTWARE. IF THE USER DOES NOT AGREES TO THE THESE TERMS OR ANY PROVISION HEREIN, THE USER MUST NOT USE THE INSTALLER OR THE SOFTWARE, AND MUST UNINSTALL THE SOFTWARE FROM HIS/HER DEVICE, WHERE APPLICABLE.
INSTALLER & SOFTWARE SERVICES
The installation software ("Installer") is intended to perform and optimize the installation of certain software offered therein, which may include desktop apps, add-on browser extensions and any other technology ("Software"). The User hereby acknowledges that certain Software, as applicable, when installed, may change the browsers' search settings, new tab setting and other features that may be provided by the Software. In addition, the Software may provide a direct web search and other advanced features. Moreover, the performance of the Company's Software shall include relevant advertisements based on the User's searches.
In order to install the Software, the User will be requested to provide with the User permission and consent (by clicking an applicable button). By using the Installer, the User hereby grant the Company his/her consent to install the Software, including any additional software needed in order to execute such Software, as determined by the Company. The Software requires registry changes, as well as access to the Internet.
At any time, the User may, at the User’s discretion, skip, decline or accept any of the Software.
The User may cancel or stop the Installer’s operation by using the designated button following initiating the process, however, the Company may disable the User ability to do so in certain stages of the process. Note that, stopping the Installer’s operation in certain stages of the process, not through the designated button may result in damage to the User’s device. The Company shall not be liable or responsible for such damages. Moreover, in the event that installation was canceled or interrupted before completion it can result in residual data or software remaining on the device of the User. Such residual data or software can be removed manually, including a desktop application to resume installation from interruption.
Under these Terms, the Company hereby grants the User and the User accept a limited, nonexclusive, nontransferable, non-sub-licensable and fully revocable license, to use the Installer and install the Software ("License"). The User hereby acknowledges that the License is subject to compliance with the Terms and solely for his/her non-commercial, personal use and purposes. The Company does not grant the User any other rights whatsoever in connection with the Installer and Software. Except as expressly set forth in this Terms, all rights not granted hereunder to User, are reserved by the Company.
THIRD PARTY CONTENT
The content of third parties provided as part of the Software or otherwise included as a link therein, including webpages, websites, search results and advertisement, are not under the control or responsibility of the Company. The Company recommends the User, and it is the obligation of the user, to read carefully the relevant terms or policies of these third parties once the User interacts with their content, since these terms or policies shall govern the User's use once he is linked to these third parties’ content or otherwise interacts with them.
The Company will not be liable or responsible for any third parties’ content. The inclusion of such content in the Software will not be deemed as endorsement on Company’s behalf.
THE USER'S REPRESENTATIONS AND WARRANTIES
By using the Installer and Software, the User represents and warrants that the User shall not:
sell, copy, distribute, lease, sublicense or share the Installer and Software and the License granted herein, or any other commercially exploit the Installer and Software;
change, modify, edit, change, alter or bypass any feature of the Installer and Software;
interfere, circumvent or disable the security features of the Installer and Software or degrade its performance;
assert any proprietary rights in or to the Installer and Software, or any element or content thereof, nor remove, amend or obscure any notices of proprietary rights;
use malicious codes or any automated means, such as scraping, crawling or any robot, spider etc., when the user access the Installer and Software;
change, modify, adapt, decompile, disassemble, reverse engineer, translate, make any copies of, circumvent or hack the Installer and Software, or any temptation to derive its source code;
use the Installer and Software in any fraudulent, unlawful, or harmful manner;
use the Installer and Software in any manner that may violates the term of this Terms.
UPON ANY BREACH OF THESE TERMS, THE COMPANY MAY, AT ITS DISCRETION SUSPEND OR TERMINATE THE USER'S ACCESS AND USE OF THE INSTALLER AND SOFTWARE. IT MAY ALSO RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.
All intellectual property rights, title and interest of any kind in and to the Installer and Software, including without limitations, tradenames, logos and any and all modifications, upgrades, know-how, derivative works, inventions and ideas, technology methods, rights in software and computer code, (including in any source or object code or any other form and any software or registration), are and shall remain the exclusive property of the Company and its licensors.
THE INSTALLER AND SOFTWARE ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DOES NOT PROVIDE WARRANTIES OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (HOWEVER NOT LIMITED TO) REGARDING MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE INSTALLER OR SOFTWARE ARE OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE INSTALLER OR SOFTWARE WILL BE ERROR OR ANY BUGS -FREE, OR THAT THE COMPANY WILL TAKE ACTIONS IN ORDER TO CORRECT ERRORS. THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO THE USER OR ANY THIRD PARTY RESULTING FROM TECHNICAL ISSUES. THE COMPANY MAKES NO REPRESENTATION OR PROVIDE ANY WARRANTY THAT THE INSTALLER OR SOFTWARE ARE OR WILL BE AVAILABLE FOR USE IN ANY GEOGRAPHIC LOCATION OR AT ANY GIVEN TIME. THE USER’S USE OF THE INSTALLER OR SOFTWARE IS AT THE USER’S OWN RISK AND RESPONSIBILITY.
LIMITATION OF LIABILITY
THE USER ACKNOWLEDGES AND AGREES THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, AS WELL AS THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES, INCLUDING (HOWEVER NOT LIMITED TO),LOST OF PROFITS, LOSS OF DATA, DAMAGES TO EQUIPMENT, ETC., ARISING FROM THE USE OR INABILITY TO USE THE INSTALLER OR SOFTWARE EVEN IF THE COMPANY OR WHOM ON ITS BEHALF, WERE ADVISED REGARDING THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY’S LIABILITY, FOR ALL CLAIMS MADE BY THE USER AND DAMAGES, EXCEED THE ACTUAL PRICE PAID BY THE USER FOR THE USER’S USE OF THE INSTALLER AND SOFTWARE OR TEN US DOLLARS (10$), WHICHEVER IS LESS.
UPDATES OF THE INSTALLER OD SOFTWARE
The Company reserves the right to upgrade, update, or preform other revisions to the Installer or Software and the services offered therein, at any time. The updates shall not require the Company to provide the User with any notice (in advance or otherwise). The Company will not be liable for any damages or any other effect resulting from any changes, updates or upgrades, as described above. Please be advised that, by installing the Software you approve the downloading and installation of automatic updates of the Software.
TERM AND TERMINATION
Each party is entitled to terminate these Terms, at any time and for any reason. These Terms will be in effect as of the date in which the User initiates the use of the Installer. The User may remove the Software from his/her device according to the standard uninstall procedure through its browser’s settings.
Upon termination, the License shall be automatically terminated as well.
The Company reserves the right to terminate the operation of the Installer and Software at any time. The Company will not be liable to the User or any third party for any termination.
The User agree to defend, indemnify and hold the Company harmless and its respective affiliates, directors, shareholders, officers or representatives from any and all damages, expenses, liabilities, claims, demands, losses judgments and all related costs, including reasonable attorney’s fees incurred by the Company as a result of or arising out of the User's breach of these Terms.
AMENDMENTS OF THESE TERMS
The Company may update, amend or revise these Terms at any time at its sole discretion. The date of the most updated Terms shall be indicated in the "Last Modified" date. The amendments and revisions to these Terms shall be effective upon the publication of such revised Terms, and the continuous use of the User shall be deemed as the acceptance of the User to such revised Terms, so the User shall make sure to review these Terms from time to time. The Company does not guarantee to provide with a notification upon preforming amendments to these Terms.
Entire agreement: these Terms together with and any amendments or updates, contain the entire understanding between the parties regarding to the Installer and Software. If any part of these Terms is determined to be invalid or unenforceable, it will not affect the remaining provision, which shall remain in full force and valid.
Jurisdiction & Dispute Resolution: these Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of law. The competent courts located in Tel Aviv, Israel will have sole jurisdiction in any dispute, claim or controversy arising under, related to, or otherwise in connection with these Terms, the Installer and Software. The limitation regarding any claim to the Installer and Software shall be limited to twelve (12) months as of the applicable claim, and will be permanently barred afterwards.
Assignment: the User shall not assign or transfer these Terms, the License, or any right or obligation under these Terms. The Company expressly reserves the right, at its sole discretion, to assign these Terms and to delegate any of its obligations under these Terms.
Waiver: Failure of the Company to enforce any rights or to take action against the User in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches.
Force majeure: In no event the Company shall be deemed in breach of these Terms if the Company is unable to provide the Installer, Software or any portion thereof by reason of national emergencies, earthquake, acts of God, labor dispute, insurrection, shortages, fires, riots, flood, storm or other like events, explosions, war, internet outages, global pandemic or any act of any local or international law, governmental order or regulation or any other event beyond Company’s control.
CONTACT INFORMATION OF THE COMPANY
S2N MEDIA LTD