END-USER LICENSE AGREEMENT
BY DOWNLOADING, INSTALLING, OPERATING, ACCESSING, OR OTHERWISE USING THE SOFTWARE, OR ANY PORTION THEREOF, YOU ARE EXPRESSLY AND EXPLICITLY ACCEPTING THE TERMS OF THIS END USER LISENCE AGREEMENT AND AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS, EITHER PERSONALLY OR ON BEHALF OF YOUR COMPANY OR EMPLOYER, INCLUDING ANY OTHER RELEVANT LEGAL ENTITY FOR WHICH YOU ARE ACQUIRING OR USING THE SOFTWARE. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ARE NOT WILLING TO BE BOUND BY IT, DO NOT DOWNLOAD, INSTALL, OPERATE OR OTHERWISE USE THE SOFTWARE AND YOU MUST PROMPTLY UNINSTALL THE SOFTWARE, AND ANY PART THEREOF, FROM YOUR SYSTEM.
This End-User License Agreement (the "EULA") is a legal agreement between You, either as an individual, company or other legal entity (hereinafter "You") and us, BLST Security Ltd. (hereinafter "Company"), which governs any use of Cherrybomb software, including any revisions, modifications, enhancements, updates and/or upgrades thereto (hereinafter “Software”) supplied by the Company are and shall be, unless you and the company have executed a separate agreement in writing, signed by both you and the company which expressly supersedes this agreement.
Definition of The Software: The "Software" is proprietary software provided to you in binary executable form for the regular and standard purposes the Software was designed for, all in accordance with the terms set forth in this Agreement. The term "Software" includes the Software and its binary code, compilation of data, or visual display resulting from the operation of the Software, and any associated materials, equipment, systems, specifications and documentation.IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
- INSTALLATION AND USE RIGHTS.
- General.You may use any number of copies of the software to deploy within your internal corporate network.
- Third Party Components.The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file accompanying the software.
- Data Collection.The software may collect information about your use of the software and send it to the Company, and the Company may use this information to collect analytics on the usage of the Software to improve the Software and services the Company provides, and/or to use such information to improve Company’s future products and services.
- UPDATES.The software may periodically check for updates and download and install them for You. You may obtain updates only from The Company or authorized sources the Company shall provide You access to.
- FEEDBACK. If You give the Company any feedback, whether in verbal description, code or software updates, about the Software and/or ancillary services relating to the Software provided by the Company, You hereby grant the Company, irrevocably and without charge, the right to use, share and commercialize your feedback in any way and for any purpose at the Company's discretion. You hereby undertake that You will not provide the Company with any feedback that is or may be subject to any licensing agreements by third parties which may require the Company to acquire a license to use such feedback from any third parties solely by virtue of your feedback being integrated with any such third-party data, code, or software.
- SCOPE OF LICENSE. Subject to the terms and conditions of this EULA, the Company hereby grants You, and You accept a limited, non-exclusive, non-sublicensable, non-transferable fully revocable license to download and install copies of the Software and use the Software for your internal business purposes and/or personal use, in binary form, and in accordance with the Software's documentation. All other rights in the Software are expressly reserved to the Company.
The Company reserves all other rights, unless applicable law gives You more rights despite this limitation, You may use the software only as expressly permitted in this EULA. In doing so, You must comply with any technical limitations in the software that only allow You to use it in certain ways. You may not:
- reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except and solely to the extent required by third party licensing terms governing use of certain open-source components that may be included in the software.
- remove, minimize, block, or modify any notices of the Company or any third parties which their libraries are incorporated in the software.
- disclose, publish, or otherwise make publicly available the results of any benchmarking of the Software or use the Software or any benchmarking thereof for any competing software development activities.
- use the software in any way that is against the law in the jurisdiction in which you operate it, including, but not limited to, applicable restrictions concerning the protection of privacy and intellectual property including copyrights and any other intellectual property rights.
- copy, distribute, publish, or reproduce the Software other than as permitted specifically herein.
- sell, resell, license (or sub-license), lease, assign, transfer, pledge, or share your rights under this EULA with or to anyone else.
- Sell, resell, license (or sub-license) lease, assign, transfer or pledge your rights under this EULA, or provide the software as a stand-alone offering for others to use.
- SUPPORT SERVICES. The Software is provided AS IS, for free, and consequently the Company has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this Agreement, unless otherwise agreed in writing between you and the Company.
- ENTIRE AGREEMENT. This EULA represents the complete agreement concerning the license granted herein and the subject matter hereof. If any provision of this EULA is held to be unenforceable, then such provision shall be reformed only to the extent necessary to make it enforceable.
- DISCLAIMER OF WARRANTY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND THE DOCUMENTATIONS ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE'S OPERATION WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS.
TO THE EXTENT ALLOWED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES, ALL IMPLIED WARRANTIES, AND ALL CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, NON-INTERFERENCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK.
BE ADVISED THAT SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
- LIMITATION ON AND EXCLUSION OF DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (A) THE COMPANY AND/OR LICENSORS SHALL NOT BE LIABLE WHETHER UNDER CONTRACT, TORT OR OTHERWISE, TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION), SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO THE INSTALLATION OF THE SOFTWARE AND/OR ANY USE OF OR INABILITY TO USE THE, EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS EULA FROM ALL CLAIMS OR CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED USD$ 100.00.
THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. WITHOUT DEROGATING FROM THE FOREGOING, WITH RESPECT TO YOUR USE OF THE SOFTWARE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE WHETHER UNDER CONTRACT, TORT OR OTHERWISE, TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
- INDEMNIFICATION. You hereby undertake and agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising in relation to or from: (i) your unauthorized use of the Software; and/or (ii) your violation of any term of this EULA.
- SUSPENSION AND TERMINATION.
This EULA is effective upon downloading, installing, operating or otherwise using the Software.
This EULA will remain in force until the earlier between (a) you ceasing making use of the Software or (b) until terminated in accordance with this EULA.
The Company may terminate this EULA immediately without notice if you fail to comply or breach any provision of this EULA.
Upon termination of this EULA:
(i) the license granted to you in this EULA shall expire and you, upon termination, shall discontinue all further use of the Software;
(ii) you shall promptly remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. Upon the Company's request you shall within three (3) days certify destruction of, all full or partial copies of the Software, documentation and related materials provided to you by the Company or on its behalf; and
Sections and 4-5 and sections 7-10 shall survive any termination of this EULA.
This EULA shall be construed and governed in accordance with the laws of the State of Israel (except for conflict of law provisions) and the competent courts of the city of Tel-Aviv, Israel shall have exclusive jurisdiction in any conflict or dispute arising out of this EULA.
The Company may, at its sole discretion, change the terms contained herein by providing you a written notice. The failure of either party to enforce any rights granted hereunder or to act against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
You may not assign your rights or obligations under this EULA without the prior written consent of the Company. The Company may assign or transfer its rights and/or obligations under this EULA without restriction or notification.NOTICE.
All notices required or authorized under this EULA shall be given via e-mail, and shall be effective when received by the Company, at: firstname.lastname@example.org, or such other address as may be specified by the Company in writing.