end USER LICENSE AGREEMENT
THIS SOFTWARE IS THE PROPERTY OF CELLROX LTD. IT IS MADE AVAILABLE SUBJECT TO THE FOLLOWING LICENSE AGREEMENT.
PLEASE READ THIS LICENSE CAREFULLY. BY USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY NOT USE THIS SOFTWARE.
Any software provided along with this software which is associated with a separate end-user license agreement is licensed to users under the terms of that another license agreement.
(a) "Agreement" shall mean the terms and conditions for use which are detailed in this license.
(b) "Users" shall mean those persons exercising permissions granted by this Agreement.
(c) "Product" shall mean the software files supplied by Cellrox which you are using. The Product also includes any updates and supplements to the original Product provided (if provided) to users by Cellrox Ltd.
The Product is proprietary to Cellrox Ltd. All intellectual property rights in connection with the Product are either exclusive property of Cellrox or rightfully licensed to / held by Cellrox.
"Cellrox", the Product, and their related logo(s), and other trade and/or service marks related to the Product are property of Cellrox as well.
The Product is licensed, not sold, to Users. Users acknowledge and agree that:
(a) The Product and intellectual property rights related to it, are protected under the Israeli law (including the Israeli copyright law), and under international copyright laws and treaties.
(b) Cellrox Ltd retains all copyrights and other intellectual property rights in the Product.
(c) All rights not expressly granted in this Agreement are reserved by Cellrox Ltd.
3. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement and payment of all applicable license fees and other charges, Cellrox Ltd grants to Users a non-exclusive, non-transferable and limited license to use the Product.
In the event a purchase order (if any) contains terms in addition to, or different than, the terms of this Agreement, those terms in the purchase order shall be disregarded and the terms of this Agreement shall control.
You may not:
(a) modify, adapt, alter, translate, or create derivative works of the Product or merge the Product with other software other than as explicitly approved of in writing by Cellrox Ltd.
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product.
(c) remove, alter, or obscure any copyright, trademark, confidentiality or proprietary notices.
(f) sublicense, distribute or otherwise transfer the Product or any component thereof to any third party.
5. TERMINATION OF THE AGREEMENT AND/OR THE USE OF THE PRODUCT
THE PRODUCT, INCLUDING WITHOUT LIMITATION THE MULTI-PERSONA CHARACTER IT ENABLES TO ITS USERS AND YOU AMONG THEM, MAY CEASE TO BE SUPPLIED AT ANY GIVEN TIME OR FROM TIME TO TIME, AS PER CELLROX'S SOLE DISCRETION. FOR EXAMPLE AND WITHOUT LIMITATION, THIS AGREEMENT AND THE LICENSE IN ITS VIRTUE MAY BE SUBJECT TO THE EXISTENCE OF A VALID AGREEMENT(S) BETWEEN CELLROX AND THIRD PARTY(IES) WHICH MAY BE RELATED TO THIS AGREEMENT. THEREFORE CHANGES OR DEVELOPMENTS IN CONNECTION WITH THESE THIRD PARTIES' AGREEMENTS MAY AFFECT AND EVEN TERMINATE THE AVAILABILITY OR SUPPLY OF THE PRODUCT TO YOU.
Without derogating from any of the rights and remedies available to Cellrox under this Agreement or under any applicable law, Cellrox retains the right to terminate the license given to you – the User - under this Agreement upon any breach (violation) by you of the terms of this Agreement. To the extent possible, Cellrox Ltd. will advise you of this kind of termination.
6. LIMITATION OF LIABILITY AND WARRANTY
CELLROX PROVIDES THE SOFTWARE FOR USE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. CELLROX DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Cellrox exerts efforts to provide you with a high quality and satisfactory Software. However, and in addition to the disclaimer mentioned under the first paragraph of Section 5 above, Cellrox do not warrant that the Software will operate in an uninterrupted or error-free manner, or that it will always be available free of malfunctions, bugs or failures.
In any event, Cellrox, including its officers, directors, shareholders, employees, sub-contractors and agents will not be liable for any indirect, incidental or consequential damage such as, but not limited to, lost profits, loss of data or exemplary or punitive damages, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use, the Software, or from any failure or error of the Software. In any event, your sole remedy will be limited to correcting such errors, or malfunctions, and in light of the relevant circumstances, you may (at Cellrox's sole discretion) be refunded with the amounts paid to Cellrox with respect to the license of this Software.
7. MODIFICATIONS TO THE SOFTWARE
Cellrox may, directly or via its business partners with whom you're engaged, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, its features, the user interface and design, and any other aspect related to the Software. You will have no claim, complaint or demand against Cellrox for applying such changes.
8. GOVERNING LAW AND JURISDICTION
This Agreement will be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to this Agreement, will be under the exclusive jurisdiction of the competent court in Tel-Aviv Israel, to exclude the jurisdiction of all other courts. Notwithstanding the above, Cellrox maintains the right to apply for injunctive or equitable relief in any jurisdiction in which this limited license is breached or in which a breach is anticipated or threatened.
9. COMPLETE TERMS
This Agreement supersedes all prior agreements between Cellrox Ltd. and you – the User, and represents the complete and exclusive description of the license granted by Cellrox Ltd to the end User of the Product.
YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN ARE GOVERNING YOUR USE OF THE SOFTWARE. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
11. CONTACT US
You may contact us concerning any question about the Software, through the "Contact Us" page on the Site (web address: http://www.cellrox.com/contact-us/). We will make our best efforts to address your inquiry promptly.
12. APACHE 2.0 LICENSED PORTIONS
Some of the files which are under the framework of this software contain code or are derived from code which is covered by the Apache Version 2.0 License. You may not use such portions except in compliance with the Apache License Version 2.0.
You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.html, and a copy of the license is also included in the Legal Information provided within the device you are using. Currently, in many of the devices it is available under "Settings->About->Legal Information" (by clicking these keys on the device), nonetheless, it may vary from one device to another, dependent on the model / version / operator settings of the device etc., and the location of this information within the device may also change in the future.
Unless required by applicable law or agreed to in writing, software distributed under the Apache License Version 2.0. is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the Apache License Version 2.0. for the specific language governing permissions and limitations under the License.
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Information and additional licenses concerning separate open-source software programs released alongside the Product can be found at "Settings->About->Legal Information" on the device.