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Hola Networks Ltd. ("Hola")
End User License Agreement (EULA)
By accepting this agreement or by installing Hola or other software offered by or on behalf of Hola (the "Software") or by clicking "Install", you agree that the following terms will be the terms of your relationship with Hola with regards to the Software for the version you are installing and for all subsequent versions thereafter until un-installing Hola from your system.
Subject to your compliance with these terms and conditions, Hola grants you a royalty-free, non-exclusive, non-transferable license to use the Software, solely for your personal, non-commercial purposes. Hola reserves all rights in the Software not expressly granted to you here.
The source code, design, and structure of the Software are trade secrets. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law, or distribute it. You will not use the Software for illegal purposes. You will comply with all export laws. The Software is licensed, not sold. You will not (a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software; (b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law); (c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software; (d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties.
You will not use the Software for illegal purposes as per the international law, and the law in your jurisdiction.
Downloading and Updates
The Software loads only those files that are authorized by you for loading download (specifically or by reference in a web page or application), except that the Software automatically updates itself. Such updates may add, fix or remove functionalities from previous versions of the Software
Automatic Uploading and Caching
The Software accelerates loading of files by enabling your computer to grab pieces of files from other Hola users simultaneously. Your use of the Software to download files will, in turn, enable other users to download pieces of those files from you, thereby maximizing download speeds for all users. In the Software, only files that you are downloading through Hola will be made available to others. You consent to other users' use of your network connection to speed up their network. Typically Hola will not enable use of your resources unless they are idle. At any time, you may uninstall the Software through the control panel utility in Windows, or other standard methods. Hola will also cache information on your hard drive for future use.
You understand that the Software might have bugs and/or limited functionality and that one purpose of the Beta version Software is to receive feedback from end users regarding the Software and limitations and problems they may encounter to help us to further develop the Software and you are willing to participate in the pre-release beta test of the Software, and that as part of the Beta the software may report errors and bugs to Hola including supporting log files.
Disclaimer of Warranty
No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND HOLA WEBSITES ARE PROVIDED AS IS AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; HOLA DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR HOLA WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. HOLA FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR HOLA WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES HOLA WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT HOLA WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO HOLA, IN CONNECTION WITH OR ARISING FROM YOUR USE OF HOLA WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR HOLA WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR HOLA WEBSITES.
Hola shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Hola, for: (a) any indirect, special, incidental or consequential damages; or (b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or (c) any damage to or corruption of data (whether direct or indirect); Holas total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND EUROS IN ALL CASES.
These Hola terms will be governed by and construed in accordance with the laws of Israel, without regard to conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply. The failure by either party to enforce any provision will not constitute a waiver. Any waiver, modification, or amendment of the Hola terms will be effective only if signed. If any provision is held to be unenforceable, it will be enforced to the maximum extent possible and will not diminish other provisions. Hola may make changes to these terms from time to time. When these changes are made, Hola will make a new copy of the terms available at hola.org/legal/sla. You understand and agree that if you use the Software after the date on which the terms have changed, Hola will treat your use as acceptance of the updated terms. You agree that Hola may provide you with notices, including those regarding changes to the terms, by postings on hola.org/legal/sla. This is Hola's complete and exclusive understanding with you regarding your use of the Software as an end user.