End User License Agreement
Legal information and notices
Legal information and notices
Last Modified: May, 2020
This End User License Agreement ("EULA") is made and entered by and between Media Arena Ltd (“Company” or "Media Arena") and you, a user of our add on browser extension (respectively, “user” or “you” and "Product").
Our Privacy Policy available at: Privacy details our data collection and privacy practices, and is incorporated herein by reference. We encourage you to review our Privacy Policy prior to using the Product.
BY INSTALLING AND USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THIS EULA. YOU AGREE TO BE BOUND AND TO FULLY COMPLY WITH THE EULA, YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE PRODUCT AND YOU ACKNOWLEDGE THAT THIS EULA CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THE EULA PLEASE DO NOT USE THE PRODUCT IN ANY MANNER WHATSOEVER, AND UNINSTALL WHERE APPLICABLE.
We reserve the right to periodically amend or revise this EULA at our sole discretion; such changes will be effective immediately upon the publication of the revised EULA. The last revision date will be reflected in the "Last Modified" date at the bottom of this Eula. Your continued use of the Product following such amendments constitutes your acknowledgement and consent of such amendments to the EULA and your agreement to be bound by them.
This Product is a browser add-on. Following installation, the Product will change your browsers' new tab setting, as well as other features that you choose to install. The installation of this Product may affect your default browsers' search settings. In addition, as part of the Product’s services, you will be provided with a direct web search, as well as other enhancing features. Please note that the Product enhances your search experience by incorporating relevant advertisements based on your searches (“Services”).
You are hereby granted with a revocable, limited, non-exclusive, non-transferable and non-sub-licensable license, to download and use the Product, solely for your personal and non-commercial purposes. The grant of license is subject to your agreement to be bound by this EULA as well as compliance with the provisions herein.
The Intellectual Property Rights and all other rights, title and interest of any nature in and to Product (including trademarks, service marks, product names, and trade names as well as modifications, enhancements, upgrades, customizations and derivative works) are and shall remain the exclusive property of the Company and its licensors. For the purpose of this EULA “Intellectual Property Rights” shall mean all intellectual property rights of any kind and description, including without limitation rights in or to trademarks and service marks (whether or not registered), trade names and other designations of source of origin, together with all goodwill related to the foregoing, rights in or to copyrights, whether or not registered, rights in or to trade secrets and confidential information, including without limitation know-how, technology methods, ideas and inventions, rights in software and computer code (whether in source code, object code or any other form) and all applications and registrations of any of the foregoing.
The Services offered as part of the Product will link to third parties’ content, websites, webpages, etc. (for example, advertisement) (“Third Party Services”). These Third Party Services are not operated, owned or developed by the us and we do not control their accuracy, legality, reliability, etc. It is your obligation to review the third-party terms and conditions and privacy policies as they will govern you use once you are linked to Third Party Services.
We do not warrant, endorse, guarantee or responsible for these Third Party Services, including with regard to any injury, loss or damage of any sort incurred as the result of your use of Third Party Services accessed through the Services.
You represent and warrant that you will not, either by yourself or by authorizing or encouraging others to do so, directly or indirectly: (i) modify, change, edit, amend, alter, bypass or reorder any aspect of the Product; (ii) circumvent, disable or interfere with security features of the Product or otherwise impair or degrade its performance in any way; (iii) access the Product by any automated or malicious codes, including scraping, crawling, data-mining, or using any robot, spider; (iv) copy, sell, lease, share, sublicense or distribute the Product and the license to use the Extension granted herein, or otherwise commercially exploit or make the Product; (v) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Product, or attempt to derive the source code of the Product; (vi) use the Product in any fraudulent, unlawful, harmful, irresponsible, or inappropriate manner; (vii) assert any proprietary rights in or to the Product, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party; (viii) use the Product in any way that violates any term of this EULA. ANY USE OF THE PRODUCT NOT SPECIFICALLY PERMITTED HEREIN IS PROHIBITED AND MAY RESULT, AT COMPANY'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE EXTENSION, AS WELL AS RESULT IN CIVIL AND CRIMINAL LIABILITY.
Except as provided herein, the Product and Services are provided by the Company on an "as is" and "as available" basis without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade. Company does not warrant that the Product will operate error-free, or is free of viruses or other harmful code or that the Company will correct any errors in the Product. You agree that the Company will not be held responsible for any consequences to you or any third party that may result from technical problems. We make no representation or warranties that the Product is or will be available for use in any particular location or at specific time. Your use of the Product is at your own risk and responsibility. Specifically, the Company is not responsible or liable to any Third Party Services. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, OR DAMAGES (INCLUDING TO EQUIPMENT) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF THE COMPANY OR ANYONE ON THEIR BEHALF, INCLUDING RELEVANT THIRD PARTIES, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT AFFECT COMPANY’S LIABILITY FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL THE COMPANY GROUP HAVE LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR YOUR USE OF THE EXTENSION AND SERVICES OR TEN DOLLARS (10$), WHICHEVER IS LESS.
Media Arena may, at its sole discretion, make any updates, upgrades or other revisions to the Product and Services without a notice (prior or otherwise). Media Arena shall not be liable for any damages or other effect resulting from any changes, as detailed above. Furthermore, following installation of the Product, it will communicate with our servers to request automatic updates when we release an updated version of the Product. You hereby agree to the automatic download and install of such updates. Please note that, notwithstanding the above, we have no obligation to provide upgrades or updates.
This EULA shall be in effect as of the date in which you install the Product. You may cease your use of the Product at any time. To uninstall the Product, please use the standard uninstall through your browser’s settings. See applicable information here: Google Chrome; Mozilla Firefox; Explorer.
The Company may terminate this EULA and discontinue, or terminate the Services at any time, without notice, and for any or no reason. The Company shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination, as set forth above. The license granted to you will automatically terminate if you fail to comply with the terms of this EULA.
You will indemnify, defend and hold the Company harmless, as well as its respective affiliates, officers, directors, shareholders, or representatives from any and all demands, judgments, awards, losses, damages, expenses, claims and liabilities, and all related costs, including reasonable attorney’s fees incurred by the Company as a result of or arising out of your breach of the terms set forth under this EULA.
This EULA shall be interpreted, construed, and enforced in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law. In the event of any claim, controversy, or dispute arising under, related to, or otherwise in connection with this EULA and the Product, you and the Company shall initially make reasonable efforts to resolve the dispute in an informal procedure. In the event we will not be able to resolve the dispute in such informal procedure, you and the Company each agree that any dispute will be exclusively resolved in the competent courts located in Tel Aviv, Israel. Any claim related to the Product shall be limited to twelve (12) months as of the applicable incident, and will be permanently barred afterwards.
Entire agreement: this EULA, constitute the entire understanding between the parties with respect to the use of the Product. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the Eula, which shall remain valid and enforceable. Relationship of the parties: no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this EULA. Assignment: you may not assign or otherwise transfer by operation of law or otherwise this EULA or any right or obligation herein. The Company expressly reserves its right to assign or transfer this EULA and to delegate any of its obligations hereunder at its sole discretion. Waiver: Company's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Force majeure: the Company shall not be deemed in breach of this EULA if the Company is unable to provide the Product or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, internet outages or any act of god or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control.
Media Arena Ltd
support@mediaarenaltd.com
+1 (888) 319-2022