IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
Bestprice Ninja END USER LICENSE AGREEMENT
- 1.2. The Software is designated to enhance User's Shopping experience by offering the User content such as advertising content (by itself or by its third party affiliates). Such content may be displayed to the User even when using third party websites.
- 1.3. Uninstall.User can uninstall the Product as follows:
- 1.3.1. Browsers – users can use their browser’s add-ons/extensions management sections to disable the browser extension.
- 1.3.2. The extension can also be removed through the computer it is installed on whether it is a pc or a mac, simply by using the standard removal mechanism (control panel’s uninstall wizard in windows and drag&drop to the trash bin in mac systems)
- 1.3.3 Our products include the uninstall option in their configuration sections (simply look for the cog-wheel icon on the product itself (top or bottom of the widget).
- 2.1 The Product is designated to enhance the online shopping experience, and the Site is designated to present information and allow product download and/or purchase from or through the defined below Third Parties Services (with respect to each Site and Product the purpose specified herein shall be referred to as the “Purpose”).
- 2.2 Subject to the terms of this Agreement, the brand grants User a limited, revocable, non-exclusive, non-transferable license (without the right to sub-license), to personally use the Software for the applicable Purpose, on his/her internet device. The license is granted to User and not sold to User.
- 2.3 Your license hereunder is limited not to allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part.
- 3.1 User shall use the Software in compliance with all applicable laws and not for any purpose other than the Purpose.
- 3.2 User will install the Software only in accordance with the instructions of the Company. Except as expressly provided in Section 2 above, User may not, nor may he enable anyone else to, directly or indirectly: (i) use or display the Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating; (ii) commercially distribute, rent, lease, market, sublicense, resell or otherwise transfer the Software or any portion thereof; (iii) copy or modify decompile, disassemble, create any derivative works or reverse engineer the Software or any portion thereof including in cases it is made available with any other software, product or program, (iv) remove any identification, including copyright, trademark, patent or other notices, contained in or in connection with the Software; or (v) use the Company's name, logo or trademarks without its prior written consent; or (vi) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Licensed Application, or to manipulate the Licensed Application in any manner not consistent with its or their intended purpose(s).
- 3.3 The Company reserves all rights not expressly granted in Section 2 above, and disclaims any implied license, including implied licenses to copyrighted materials, trademarks or patents. At any time the Company according to its sole discretion may terminate User’s ability to use the Software or any portion thereof (including content or services provided through therein).
- 4.1 The Software may provide User with content which includes copyrighted material, trade secrets and other proprietary material. User shall not, shall not attempt to, and shall not allow any third party, to use, modify, reverse engineer, disassemble or decompile any such content. Nor may he create any derivative works or other works that are based upon or derived from the aforementioned content in whole or in part.
- 4.2 Intellectual Property law including, Copyright law and certain international copyright treaty provisions protect all parts of the Software and all content provided therein or therewith (including all products and services). No program, code, part, image, audio sample, or text may be copied, or used in any way by the user except for the applicable Purpose.
- 5.1. THE USER EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND ANY SERVICES, PRODUCT Or Content PROVIDED Therein IS AT His SOLE RISK (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO his DEVICE) AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH the USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES, Product Or Content PROVIDED Therein ARE PROVIDED ON AN “AS IS,” “WHERE-IS,” “WHERE AVAILABLE” AND "WITH ALL FLAWS AND/OR FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND. The Company HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE software AND ANY SERVICES, products or content PROVIDED therein, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH THE USER'S ENJOYMENT OF THE SOFTWARE THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PROVIDED BY, THE LICENSED APPLICATION WILL MEET the User's REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES, PRODUCTS OR CONTENT PROVIDED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES, PRODUCTS OR CONTENT PROVIDED THEREIN WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY The COMPANY OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. IF THE SOFTWARE OR SERVICES, PRODUCTS OR CONTENT PROVIDED THEREIN ARE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF the User is DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE SOFTWARE OR WITH THE TERMS OF THIS EULA, his SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SOFTWARE AND Any SERVICES PRODUCT AND CONTENT PROVIDED THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- 5.2. Neither the Company, its affiliates, subsidiaries nor third parties who provide content or services therein, therewith or in connection thereto, are under any obligation to correct any errors in the Software or in the content or services therein, therewith or in connection thereto. The Company has no responsibility or obligation whatsoever to operate or maintain the Software or the content or services therein, therewith or in connection thereto.
- 5.3. In no event (including, without limitation, in the event of negligence) will the Company, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software (including the content provided therein therewith or in connection thereto) or the use or inability to use the Software or such content, or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
- 5.4. In any event the Company's entire liability, without exception, is limited to the User reimbursement of the purchase price of the Software (if any). In the event that the Software was provided for no cost, the Company’s entire liability, without exception, under this Agreement will be equal to zero. In any event the Company’s entire liability under this Agreement is greater than zero due to the provisions of applicable law, any such liability shall not exceed 5$ in the aggregate. The existence of one of more claims will not enlarge this limit
- 5.5. Without derogating form the above, no action arising under or relating to this Agreement, regardless of its form, may be brought against the Company or any third party providing content or services through the Software or in connection thereto more than six (6) month after the cause of action has accrued and in any event no later than three (3) months after the termination of this Agreement.
- 5.6 The Company does not monitor the content or services which may be made available to the User by through the Software. The Company is not responsible for any such content or services and makes no representation or warranty of any kind, either expressed or implied, regarding any such third parties' content including such content's non infringement of third parties' rights, accuracy, usefulness, safety of use or full compliance with applicable law.
- 6. Indemnification. User shall indemnify, hold harmless, and defend the brand, its employees, agents and distributors or any third party providing content or services in the Software, or in connection thereto, from and against any loss, liability, costs or expenses (including but not limited to reasonable attorney's fees) arising from or incurred as a result of, related to or are based on (i) User’s use of the Software or the content or services provided by third party therein, therewith or in connection thereto (ii) violation of this Agreement or the Private Policy. the brand reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnification obligation will survive the termination or expiration of this Agreement and the termination of the User’s use of the Software.
- 7. Waiver. The use of the Software is made solely at the User’s risk and the User hereby waives any and all claims and causes of action against the brand in connection with any loss or damage User may suffer as a result of, or in connection with any of the Software or the service or content provided therein, therewith or in connection thereto.THE USER SPECIFICALLY WAIVES ANY RIGHT TO RESOLVE ANY DISPUTE ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED.
- 8. Third Party Services..
- 8.1 The Software incorporates content and services provided by third parties not owned or controlled by the brand. The Software may also incorporate or make available to you certain features and/or monetization tools which enables the brand (or other third parties) to provide you with information or content concerning the Software or other content the brand or other third parties think may be of interest to you, such as advertising material (including advertisements, coupons, sponsored messages, coupons, photographs, graphics, deals, or other commercial offers) ("Third Party Services").
- 8.2 All rights in and to the Third Party Services, including all copyright, patent trademark, trade secret and other intellectual property rights protected by applicable laws are reserved and remain with such third parties and User hereby agrees that such third parties may enforce their rights against you directly in their own name.
8.4 The User is advised that the Product is subject to certain technical synchronization intervals, and that during certain periods of time products
and/or services displayed through the Product may not be available through the Third Party Services.
- 9. Termination
- 9.1 The Agreement shall be effective as of the day you installed the Software. the brand or any third party designated by the brand shall be entitled to terminate this Agreement at any time and for any reason (or for no reason) without any prior notice.
- 9.2 Any failure to comply with this Agreement or the termination of this Agreement (which ever occurs first) will result in the automatic and immediate termination of the licenses granted herein. Upon termination of the license granted herein for any reason, User agrees to immediately cease the use of the Software. The financial obligations incurred by the User before the termination of this Agreement shall survive any expiration or termination of the Agreement.
- 14.1. Use of the brand Software for illegal purposes is not permitted. In the event you suspect that the brand Software or any content provided to you via the brand Software infringes your intellectual property rights or any other right of yours, or violates applicable law (an "Alleged Infringement"), you are required to notify the brand Representative designated below of such Alleged Infringement, which notice shall include the necessary information as further detailed below.
- 14.2. Notices regarding Alleged Infringement ("Alleged Infringement Notice(s)") are to be provided to support department, at the following firstname.lastname@example.org (the "brand Representative"). Each Alleged Infringement Notice must include the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the right claimed to have been infringed, or, if multiple rights are claimed to have been infringed at a single content unit, a list of all rights allegedly infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the brand to locate the material; (iv) Information reasonably sufficient to permit the brand to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of infringes its rights, or applicable law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 14.3. Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Seeking legal advice before submitting Alleged Infringement Notice is recommended.
- 14.4. Whereas parties other than the Claimant and the brand (the "Other User(s)"), which use the brand's Software may have rights in the content which is the subject matter of the Notice; brand retains the right, at its sole discretion, to allow such Other Users to respond to the Notice (the "Response"). Each Response must be delivered to the brand Representative, and must include the following information: (i) A physical or electronic signature of the subscriber; (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and that the provision by the brand material does not violate applicable law; and (iv) The subscriber’s name, address, and telephone number.
- 14.5. Each of Claimant and Other Party are hereby informed that Notices or Reponses which knowingly include material misrepresentations may expose the submitting party to considerable liability, therefore legal consultation is recommended.
- 14.6. In the event a Response is received by the brand, brand shall notify Claimant thereof. In the event Claimant does not, within 14 business days from such brand notice, provide the brand with a statement, acknowledging that such statement is subject to penalty of perjury, that it has filed a claim to a competent court with respect to the Alleged Infringement; then brand shall be entitled to disregard the Notice, and return and/or enable the allegedly infringing content.
- 14.7. Any notice provided to brand under this Section 13 shall be in English or Hebrew. Translated material must be certified by notary. Any Notice or Response which does not comply with any and all of the terms and conditions of this Section 8 may be disregarded by the brand.
- 14.8. Other than Notices and Responses, no communication can be sent to the brand Representative, and such other communications will be disregarded.
- 14.9. the brand retains the right to demand any additional information it deems fit with respect to any Notice or Response, and may disregard any Notice or Response for which such additional information is not provided upon request.
- 14.10. This Section 13 does not, in any way, derogate from brand's right to remove or not to remove any content provided via its Software, for any reason.
15. Contact Information. For any lack of clarity with respect to the Terms or for any questions the User may have, Users are invited to contact the Company at http://bestpriceninja.com/
3. Restrictions of Use.
4. Copyright Restrictions.
5. Limitation of Responsibility.
11. Governing Law. This Agreement shall be governed by the laws of the State of Israel. The competent courts located in Tel Aviv, Israel shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.
12. Severability. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
13. Entire Agreement. This Agreement, together with the TCOU and the PP represent the single and entire Agreement applying to the all Users of the Software, and supersedes any prior representations and negotiations, if any; all other terms which are not expressly incorporated herein or are not included in the TCOU or PP are hereby revoked.
14. Notice and Takedown.