END USER LICENSE AGREEMENT
IMPORTANT – PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE “EULA“) BEFORE INSTALLING OR OTHERWISE USING THE “FINTRO” APPLICATION AND RELATED SERVICES, AS THEY MAY BE UPGRADED OR UPDATED FROM TIME TO TIME (THE “LICENSED APPLICATION“) BROUGHT TO YOU BY TAGUP NOW LTD. (“WE“, “US“, OR “OUR“). BY INSTALLING THE LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE OR INSTALL THE LICENSED APPLICATION.
- 1. Scope of License. The Licensed Application is licensed, not sold, to you for use under the terms of this EULA. This license granted to you for the Licensed Application is limited to a non-transferable, non-sub-licensable right to use the Licensed Application on any mobile phone, tablet or device that you own or control (the “Device“). We retain all rights, including intellectual property rights, in and to the Licensed Application, including any new version releases, updates, enhancements, modifications or improvements made thereto. This license does not allow you to use the Licensed Application on any Device that you do not own or control. “Fintro” and other names, logos are icons identifying us and our products or services are our trademarks. No use of these marks shall be permitted except through our prior written authorization and permission. We reserve all rights not expressly granted to you.
- 2. License Restrictions:
- 2.1 You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and any relevant usage rules of the App Store where you downloaded the Licensed Application), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application, if applicable).
- 2.2 You may not use the Licensed Application for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;
- 2.3 You may not attempt to gain unauthorized access to the Licensed Application, or any part of it, other accounts, computer systems or networks connected to the Licensed Application through hacking or any other means or interfere or attempt to interfere with the proper working of the Licensed Application or any activities conducted via the Licensed Application by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not exploit the Licensed Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity;
- 2.4 You may not use the Licensed Application for any commercial activities, but rather only for your own personal use.
- 2.5 You may not use the Licensed Application in a way that unreasonably overburdens our servers and systems. You may also not use the Licensed Application to spam others or create mass-emails. We reserve the right to apply limits on your use of our Licensed Application. We further reserve the right to publish such limitations, have them differ from user to user, or change such limitations at will, in each case in our sole discretion.
- 5. Third Parties Store and Materials. You acknowledge and agree that the availability of the Licensed Application is dependent on the third party store from which you downloaded the Licensed Application, such as the Apple app store (each, an “App Store”). You acknowledge that this EULA is between you and us, and not with the App Store. Each App Store may have its own terms and conditions to which you must agree to before downloading the Licensed Application from it, and your use the Licensed Application is also conditioned upon your compliance with such applicable terms.
Additionally, through the Licensed Application, you may be exposed to content, data, information, applications or materials from third parties (“Third Party Materials”) or be provided with access to third party website links. By using the Licensed Application, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume, nor have any liability or responsibility to you or any other person for any Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
The Licensed Application may contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright and trademarks. By using the Licensed Application, you agree that you will not use such proprietary content, information or materials in any way whatsoever except as permitted.
- 6. User Generated Content. The word “Content” as used herein refers to any video, text, software, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features and other materials You may view on, access through, or contribute to the Licensed Application. If you choose to contribute Content through the Licensed Application:
- The ownership to such Content remains with its original owner, and we will not claim ownership over such Content.
- You shall be solely responsible for your own Content and the consequences of submitting, publishing and distributing the Content through the Licensed Application.
- You are affirming, representing, and warranting that you own or have the necessary licenses, rights, consents, and permissions to submit, publish and distribute Content you submit;
- You are aware that we cannot guarantee the security of any information you disclose via the Licensed Application and any contribution is done at your own risk.
- You are granting us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with Licensed Application and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Licensed Application (and derivative works thereof) in any media formats and through any media channels. You are furthermore granting each user of the Licensed Application a non-exclusive license to access your Content, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Licensed Application.
We claim no ownership or control over user Content, and we take no responsibility for screening or monitoring material transmitted or conveyed by you or any other person or entity. We reserve the right to remove or block material, which is abusive, illegal, disruptive, inappropriate or which otherwise fails to conform to the terms of this license.
You shall be solely responsible for your Content and expressly agree that your Content will not be: (1) defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any third-party; (3) invade the privacy of any other person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful. THE APPLICATION PROVIDER DOES NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE CONTENT TRANSMITTED.
- 7. Copyright and Intellectual Property Infringement Claims. If you believe that any of your intellectual property rights have been violated, please notify us immediately at: firstname.lastname@example.org
- 8. Termination. The license provided under the Licensed Application is effective until terminated by you or by us. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term of this EULA at our sole discretion, or due to your misuse of the Product, as determined by the Application Provider at its sole discretion. We may also impose limits on the use of or access to the Licensed Application, in any case and without notice or liability. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
- 9. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- 10. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWiTHSTanDINg ANYTHING TO THE CONTRARY, In no event shall OUR total liability to you for all damages RELATED TO THE SUBJECT MATTER OF THIS EULA exceed the amount of ONE dollar ($1). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- 11. RELEASE AND INDEMNIFICATION. YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHODLERS, AGENTS AND AFFILIATES, HARMLESS FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES: (I) RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE, THE SERVICES OR THE USER SUBMISSIONS; (II), CLAIMS THAT YOU MAY HAVE THAT ARE RELATED IN ANY WAY TO THE USER SUBMISSIONS, THIRD PARTY MATERIALS, ANY CONTENT FOUND ON THE SITE OR TO ACTIVITIES OR OMISSIONS OF ANY THIRD PARTY; OR (III) RELATED IN ANY WAY TO OR ARISING OUT OF YOUR USE SUBMISSIONS.
- 12. General. (i) The laws of Israel, excluding its conflicts of law rules, govern this license and your use of the Licensed Application; any controversy, claim, or dispute in connection with, arising under, or related to this EULA shall be settled exclusively in the courts of Tel-Aviv. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. (ii) Please note that we reserve the right, at our sole discretion, to revise, modify or change or remove portions or all of this EULA, at any time. (iii) If any provision of this EULA is held to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. (iv) A party’s failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. (v) The section titles in this EULA are solely used for the convenience and have no legal or contractual significance. (vi) We may assign this EULA to any party at any time.
Last Updated: July 2015