IMPORTANT: READ CAREFULLY BEFORE USING THIS SOFTWARE!
This License Agreement ("Agreement") is a legal document between you (The "User") and C4U, Ltd. (hereinafter "C4U") regarding C4U Software (hereinafter: "The Software" or "C4U Software") .
BY CLICKING ON THE "YES" BUTTON, OR INSTALLING, OR COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THIS AGREEMENT IS BEING ENTERED INTO ON BEHALF OF AN ENTITY (I.E., A PARTNERSHIP, CORPORATION OR OTHER LEGAL ENTITY), YOU ARE ALSO REPRESENTING THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON. THE SOFTWARE WILL NOT BE INSTALLED AND YOU WILL HAVE NO RIGHT TO USE THE SOFTWARE.
BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. Access and Use
a. Subject to the terms and conditions of this Agreement (the "Terms"), C4U grants you a non-exclusive, nontransferable license to install and use the Software and any related
documentation (hereinafter "Documentation"). The license refers to the actual file this agreement is attached to and not to any other version of this Software. Furthermore, C4U is not obliged to allow additional downloads of the same version.
b. This agreement licenses the usage of the C4U software by individuals on the internet, for both personal or work related uses, both on their personal homes and their work computers.
c. The software may not and will not be used for the purpose of finding changes in intranet network pages. Such usage will be in violation with this agreement and will entitle C4U Ltd. to, without limitation, infringement compensations and damages compensations both from the user and from the owner of the intranet network.
The C4U Professional version for intranet networks can be purchased at www.C4U.com, for more information email: info@www.c4u.com.
d. No non-individual entity, including without limitation, company, firm, partnership etc. will download the software and install it on its employees computers, or distribute the software, or make it available for its employees to download to their work computers, or endorse the usage of the C4U on the entity's intranet network in any way. Such behavior will entitle C4U Ltd. to, without limitation infringement compensations and for damages compensation from the entity.
This article does not prohibit the individual download of the C4U software for the sole use of the downloader on internet pages.
e. The use of the Software will comply with the laws in your jurisdiction. You may not use the Software in a way that will breach any domestic or foreign law. You may not use the Software in a way which will cause harm to others, or interfere with their normal work in any way. You may not use the Software to engage in spamming or flooding. You may not use the Software to engage in any illegal activity.
2. Additional Rights And Restrictions
a. You may not (i) permit other individuals to use or access the Software; (ii) copy the Software or Documentation (except for backup or archival purposes, all such copies to contain the original Software's proprietary notices); (iii) rent, lease, distribute, forward or transfer the Software or Documentation or any rights thereto, provided, however, that you may forward or distribute the C4U Software installation file you received, in its uninstalled form, to others for their installation and use in accordance with the terms of this Agreement.
b. All of your rights to access and use the Software and Documentation are expressly stated in this Agreement. There are no implied rights. Use of the Software or Documentation in violation of this Agreement shall immediately terminate the license granted in this Agreement.
c. You agree that your use of the Software and Documentation, will comply with any rules established by C4U and with all applicable laws and regulations in the jurisdiction in which you use the Software and Documentation, including without limitation the United States Export Administration Act, the rules and regulations thereunder, any other law or regulation regarding the use of encryption Software, or any other law, governing export rules in your country.
d. You will not, and will not allow others under your control to, remove any proprietary notices or labels from the Software or Documentation or modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law), obtain or derive source code of, or create derivative works based upon the Software or Documentation.
3. Ownership
C4U reserve all rights not expressly granted herein, including all title to and exclusive ownership of the Software, and any and all derivative works based thereon. No title to the Software, or any intellectual property rights therein, is transferred to you or to any other person who uses the Software pursuant to the Agreement.
You may not modify, adapt, translate, rent, lease, loan, sell or resell either for profit or not, distribute or otherwise assign or transfer the Software or create derivative works based upon the Software or any part thereof, except as expressly provided in this agreement.
4. Term and Termination
This license is effective until terminated. Notwithstanding anything in the Agreement, this Agreement shall terminate automatically if you fail to comply with the limitations described in this license. No notice shall be required from C4U to effectuate such termination. This agreement may also be terminated at C4U's discretion by notice from C4U at any time. Upon termination, you must destroy or permanently erase from all computer media in your possession or under your control all copies of the Software and/or Documentation then in your possession
5. U.S. Government Restricted Rights and Export Restrictions:
Export Restrictions:
You are responsible for complying with all foreign and domestic trade laws and regulations.
You acknowledge, that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported, (i) to (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List.
By using the Software you agree to the foregoing and represent and warrant that (i) no U.S. federal agency has suspended, revoked or denied your export privileges;
(ii) you are not located in or under the control of a national or resident of any such country or on any such list; and (iii) you will not distribute, export or re-export the Software to any prohibited country, or to any prohibited person, entity or end-User as specified by U.S. export controls.
6. Warranty Disclaimer; Limitation of Liability
i. No Warranty.
THE SOFTWARE IS PROVIDED "AS IS." C4U DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF "BUGS," OR THAT IT WILL PROVIDE COMPLETE SERVICE, TRUE RESULTS, OR ANY OR ALL RESULTS.
WITHOUT LIMITATION OF THE FOREGOING, C4U SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE OR SERVICE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE OR THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTOF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. C4U DOES NOT WARRANT OR GUARANTEE THAT ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVEL OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE. C4U DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED BY C4U WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE C4U SERVICE WILL BE CORRECTED.
C4U EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, AS TO ANY ASPECT OF THE SOFTWARE OR ITS FUNCTIONS OR RESULTS OF OPERATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, CAPACITY, PERFORMANCE, TITLE, AND NON-INFRINGEMENT.
b. Limitation on Liability
C4U'S LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) WILL C4U BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, RESULTING FROM THE USE OR PERFORMANCE OF THE SOFTWARE, DUE TO ANY CAUSE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification
You agree to hold harmless, indemnify and defend C4U, its officers, directors, agents and employees (collectively, "C4U") from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims relating to your violation or alleged violation of the terms and conditions of this Agreement. If you are importing the Software, you shall indemnify and hold C4U harmless from and against any import and export duties or other claims arising from such importation.
8. Privacy and Anonymity
C4U Ltd. regards the privacy and the anonymity of its Software Users as one of the most important aspects of the use of the C4U Software.
This is why our Software is distributed anonymously. There is no need to register or submit details of any kind and C4U ltd. does not know or collect details about any specific User or Users.
C4U Ltd. collects anonymous statistics and usage patterns about sites preferred by C4U Software Users and of keywords. This is done for the purpose of learning and studying the use that Users make of the C4U Software and in order to improve the Software's features.
C4U reserves the option to compile anonymous reports of the aforementioned anonymous statistics and the rights to sell these anonymous reports for market research purposes.
All C4U Users, including, and without limitation to, Users in the European Union, fully understand and unambiguously submit their full consent to the collection of the anonymous aforementioned information.
C4U SOFTWARE IS FULLY ANONYMOUS. C4U Ltd. DOES NOT KNOW NOR ENABLE OTHERS TO KNOW THE IDENTITY OF ITS USERS.
9. Miscellaneous
a. Entire Agreement; Amendments
This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof, superseding all prior and contemporaneous proposals, negotiations, communications and agreements, written or oral, with respect to the subject matter of the Agreement. The terms and conditions contained in this Agreement may not be modified except in a writing signed by an authorized representative of C4U.
b. Governing Law; Venue; Waiver; Etc
The Agreement will be governed by and construed in accordance with the laws of the State of Israel, without regard to choice of law rules. The United Nations Convention of Contracts for the International Sale of Goods is hereby expressly disclaimed. Any legal action or proceeding arising under the Agreement will be brought exclusively in the District court of Tel Aviv, Israel, as the case may be, and the User hereby irrevocably consent to the exclusive jurisdiction of such courts. The User agrees to be served with court documents and proceedings outside Israel.
No waiver by a party of any breach of any provision of the Agreement will constitute a waiver of any other breach of that or any other provision of the Agreement.
In the event that any provision contained in the Agreement is held to be unenforceable, such provision will be narrowed (or deleted if necessary) to the
