END USER LICENSE AGREEMENT
IMPORTANT INFORMATION - PLEASE READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT") IS THE LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND THE ELEGANT MONKEYS LTD. (THE "COMPANY") REGARDING THE 'DAILY' DOWNLOADABLE BROWSER EXTENSION AND MOBILE WEBSITE (COLLECTIVELY, THE "SERVICE") MADE AVAILABLE BY THE COMPANY. BY CLICKING THE 'I ACCEPT' BUTTON OR SIMILAR BUTTON, BY ACCESSING, DOWNLOADING, INSTALLING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. WE RECOMMEND THAT YOU KEEP A COPY OF THIS LICENSE AGREEMENT FOR YOUR RECORDS.IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, DO NOT MAKE ANY USE OF THE SERVICE OR ANY PART THEREOF, IN ANY MANNER WHATSOEVER.
Grant of License. Subject to the terms herein, the Company hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access, install and use the Services solely for your personal internal use. The Company reserves all rights not expressly granted under this license to the fullest extent under any applicable law.
Restrictions on Use. Without limiting the generality of the foregoing, you may not, or allow any third party to: (i) copy, modify, reverse engineer, decompile, or disassemble the Services, or create derivative works based on the Service; (ii) sell, rent, lease, sublicense, distribute, commercially exploit or transfer the Service or any part thereof; (iii) represent that you have any proprietary interest in the Service or delete or modify any attributions, legal notices or other proprietary designations on the Service; (iv) use the Service by itself or in conjunction with any other products to infringe upon any third party's rights, including without limitation third party's intellectual property rights, to invade users' privacy in any way, or to track, store, transmit or record personal information about any other user of the Service; (v) use the Services in any illegal manner or for unlawful purposes; and (vi) create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. Any such forbidden uses shall immediately and automatically terminate your license to use the Service, without derogating from any other remedies available to the Company at law or in equity.
Title and Ownership. You hereby acknowledge and agree that all right, title, and interest in and to the Service, any derivatives thereof and modifications or enhancements thereto, including associated intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, trademarks, etc.), evidenced by or embodied in and/or attached/connected/related to the Service, are and shall remain owned solely by the Company and/or its licensors. This License Agreement does not convey to you any interest in or to the Service, but only a limited, revocable right of use in accordance with the terms of this License Agreement. Nothing in this License Agreement constitutes a waiver of the Company's intellectual property rights under any law.
Upgrades. The Company may, at its sole discretion, update or upgrade the Services periodically, in which event the Company may notify you through a patch process, by email, or website posting. Certain updates to the Service will be performed automatically if such updates are designed to improve, enhance or fix bugs in the current version of the Service. The Company shall have no liability for your inability to use certain features of the Services or reduced Services performance associated with failure to install available updates and upgrades.
Changes to Service or License Agreement. The Company may change, modify, suspend, or discontinue the Services or any parts thereof. The Company may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. The Company reserves the right, without notice and liability, at its sole and absolute discretion, to change, modify, add to or delete any of the terms and conditions of this License Agreement at any time, including without limitation with respect to the availability of any feature of the Service. Your continued use of the Service following any revision of the Service or this License Agreement, constitutes your complete and irrevocable acceptance of any and all such changes.
Disclaimer. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF OR ACCESS TO THE SERVICES REMAINS WITH YOU. THE COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT LOSS, NOR DOES THE COMPANY WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LA: (I) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES; AND (II) IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY UNDER THIS LICENSE AGREEMENT, OR ARISING OR RELATING TO THIS LICENSE AGREEMENT, EXCEED AN AGGREGATE AMOUNT OF US$100.
Trademarks. The Company's logos, tradenames and trademarks are exclusive property of the Company. No right, license, or interest to any of such trademarks is granted hereunder, and you agree that no such right, license or interest shall be asserted by you with respect to such trademarks.
Term & Termination. You may terminate your relationship with the Company at any time by deleting your account and ceasing to use the Service. The Company may terminate this License Agreement at any time either without cause or due to your failure to comply with this License Agreement without any requirement of notice. Upon termination of this License Agreement the license granted to you in this License Agreement shall automatically expire and you, upon termination, shall discontinue all further use of the Service and delete any copies of the Services.
Miscellaneous. This License Agreement constitutes the entire agreement between the parties and may not be modified except by a written agreement signed by the Company. If any provision of this License Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. You shall not assign this License Agreement without Company's prior written approval, and any such purported assignment shall be null void. This License Agreement shall be construed and governed in accordance with the laws of Israel, and only the competent courts of Tel Aviv-Jaffa, Israel shall have jurisdiction over any dispute arising from this License Agreement. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breache