HOLABAR END-USER LICENSE AGREEMENT (EULA)
HOLABAR PRODUCTS AND SERVICES
PLEASE READ THE FOLLOWING END-USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING HOLABAR PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO HOLABAR’S SOFTWARE, HOLABAR’S APPLICATIONS, HOLABAR’S ADD-ONS, HOLABAR’S EXTENTIONS, HOLABAR’S SITE, SERVIES PROVIDED BY OR LISTED ON HOLAAR’S SITE, GRAPHICS, DESIGN AND OTHER MATTERS RELATED TO HOLABAR’S SITE AND SOFTWARE (COLLECTIVELY, “HOLABAR’s SERVICES”).
THIS END-USER LICENSE AGREEMENT IS A LEGAL CONTRACT BETWEEN HOLABAR LTD. (HOLABAR) AND THE INDIVIDUAL OR ENTITY (COLLECTIVELY, “LICENSEE”) WHICH DOWNLOADS, INSTALLS, COPIES OR OTHERWISE USES HOLABAR’s SERVICES.
IF, AFTER CAREFULLY READING THIS AGREEMENT, LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT HE MAY DOWNLOAD, INSTALL AND USE HOLABAR’s SERVICES. IF THE LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MAY NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE HOLABAR’s SERVICES.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this EULA Agreement (Agreement) with respect to HOLABAR’s SERVICES. This Agreement constitutes the entire and only agreement between HOLABAR (“us”) and the LICENSEE (“you”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to HOLABAR’s SERVICES, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on our Site, and you should review this Agreement prior to using HOLABAR’s SERVICES.
The Software is licensed, not sold. HOLABR retain all title, copyright and other proprietary rights in HOLABAR’s SERVICES, including any rights under the copyright, trademark, trade secrets, patent and other intellectual property laws. Licensee does not acquire any intellectual property rights, express or implied, in HOLABAR’s SERVICES, other than those specified in this Agreement. Licensee may not modify, adapt or translate the Software. Whereas the code underlying the Software comprises trade secrets of HOLABAR, Licensee may not reverse engineer, decompile, disassemble or otherwise attempt to discover the code of the Software. The copying, reproduction, use, modification or publication by you of any such matters or any part of HOLABAR’s SERVICES is strictly prohibited, without our express prior written permission
3. DELETING AND MODIFICATION
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
4. USAGE LIMITATIONS
Licensee is allowed to use the Application on up to two smart phone devices. HOLABAR may, in the future, charge fees for some of our services that are currently free of charge. Licensee may not sell, rent, lease, sublicense, assign or transfer licensee rights in the software or any of its components.
Licensee agrees to indemnify, defend and hold us, our officers, our shareholders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to licensee’s violation of this Agreement or use of HOLABAR’s SERVICES.
6. NO WARRANTY / DISCLAIMER
HOLABAR’s SERVICES ARE PROVIDED TO LICENSEE “AS-IS”. HOLABAR AND ITS SUPPLIERS, LICENSORS AND AFFILIATE COMPANIES MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. NEITHER HOLABAR NOR ITS SUPPLIERS AND LICENSORS, MAKE ANY WARRANTY THAT HOLABAR’s SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED AND MAKE NO WARRANTY OF ANY KIND REGARDING THE ACCURACY OF THE SOFTWARE DOCUMENTATION.
7. LIMITATION OF LIABILITY
HOLABAR OR ITS SUPPLIERS OR LICENSORS BEARS NO LIABILITY FOR ANY DAMAGES, WHETHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, RESULTING FROM POSSESSION OF, USE OF, ATTEMPTED USE OF, FAILURE OF USE OR INABILITY TO USE HOLABAR’s SERVICES, INCLUDING, WITHOUT LIMITATION, WORK STOPPAGE, LOSS OF REPUTATION, LOSS OF PROFITS, LOSS OF DATA OR DAMAGE TO DATA, OR COMPUTER FAILURE OR MALFUNCTION, REGARDLESS OF THE FORM OF ACTION, IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF HOLABAR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE MAXIMUM LIABILITY OF HOLABAR TO LICENSEE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY LICENSEE TO HOLABAR UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF THE ACTION ACCRUES. LICENSEE AGREES THAT IT WILL NOT HOLD HOLABAR LIABLE FOR ANY FAILURE OF THE FUNCTIONALITY OF THE SOFTWARE.
8. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that (i) your use of HOLABAR’s SERVICES will be in strict accordance with HOLABAR’s Privacy Statement, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content) and (ii) your use of HOLABAR’s SERVICES will not infringe or misappropriate the intellectual property rights of any third party.
9. REVISIONS AND ERRATA
The materials appearing on HOLABAR’s SERVICES could include technical, typographical, or photographic errors. HOLABAR does not warrant that any of the materials on its SERVICES are accurate, complete, or current. HOLABAR may make changes to the materials contained on its SERVICES at any time without notice. HOLABAR does not, however, make any commitment to update the materials. In the event that a HOLABAR product is mistakenly listed at an incorrect price, HOLABAR reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HOLABAR reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HOLABAR shall issue a credit to your credit card account in the amount of the incorrect price.
10. RESPONSIBILITY OF WEBSITE VISITORS
HOLABAR has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, HOLABAR does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HOLABAR disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
11. THIRD-PARTY LINKS
In an attempt to provide increased value to our users, HOLABAR may link to sites operated by third parties. However, even if the third party is affiliated with HOLABAR, HOLABAR has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HOLABAR. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HOLABAR seeks to protect the integrity of its SERVICES and the links placed upon them and therefore requests any feedback on not only its own services, but for sites and services it links to as well (including if a specific link does not work).
All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
13. SUPPORT AND UPDATES
HOLABAR will not provide any support services or software updates under this Agreement. HOLABAR may offer support services and software updates separately.
HOLABAR may terminate your access to all or any part of HOLABAR’s SERVICES at any time, with or without cause, with or without notice, effective immediately. This Agreement takes effect from the date on which the Licensee downloads, installs or otherwise use HOLABAR’s SERVICES, until terminated. If Licensee fails to comply with any part of this Agreement, this Agreement will terminate automatically without notice from HOLABAR. This Agreement may be voluntarily terminated by Licensee at any time by discontinuing any and all use of HOLABAR’s SERVICES, uninstalling the Software and deleting all of its files and materials from the Licensee possession whether in electronic or printed format. HOLABAR can terminate any one of our services immediately as part of a general shut down of this service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, copyrights, trademarks, warranty disclaimers, indemnity and limitations of liability.
15. AGREEMENT MODIFICATIONS
HOLABAR reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time without notice. It is your responsibility to check this Agreement periodically for changes. By the use or access to HOLABAR’s SERVICES you are agreeing to be bound by the then current version of this agreement. Only an authorized HOLABAR employee is authorized to make modifications, extensions, or additions to this Agreement.
16. GOVERNING LAW
Any claim relating to HOLABAR’s SERVICES shall be governed by the laws of the State of ISRAEL without regard to its conflict of law provisions.
17. GENERAL PROVISIONS
If any part of this agreement is found void and unenforceable, the validity of the rest of this agreement won’t be affected. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.