END USER LICENSE AGREEMENT
Last Revised: November, 2020
This End User License Agreement ("EULA") create a legal binding electronic agreement between you (the "user", "you" or "your"), and Candy Tech Ltd. (the "Company", "Candy Tech" or "We"), the legal owner of certain browser add on extensions and additional products (“Product ”), developed or otherwise licensed to Candy Tech. Please read this EULA thoroughly before using the Product including any associated features. This EULA constitutes the terms and conditions under which the user may use the Product, including any related features.
OUR PRODUCT SERVICES
The purpose of the Product is to provide you with advanced search features. By installing the Product, the product may change the search of the browsers, the web browser notifications settings and the new tab settings, as well as other features that the Product provides. In addition, by using the Product, you may receive a direct web search and other advanced features. Moreover, the performance of the company's Product shall include relevant advertisements based on your searches (“Product Services”).
You hereby granted and accept a limited, non transferable, nonexclusive, non-sub licensable and fully revocable license for using, accessing and installing the Product ("License").
You hereby agree and acknowledge that the License is subject to your compliance with the EULA and solely for your personal and non-commercial use and purposes. We do not grant you any other rights relating to the Product and except as expressly set forth in this EULA, all rights not granted hereunder, are reserved by the Company.
THE CONTENT OF THIRD PARTY
The Company is not responsible or has any control over the content of third parties provided as part of the Product or otherwise included as a link therein, such as websites advertisement or search results. If you access any third-party website, service, or content from the Product or the Product Services, you do so at your own risk, and you acknowledge and agree that Candy Tech has no liability arising from your interaction with those third parties. The Company recommends you, and it is at your own obligation to read the relevant terms and policies of third parties carefully. These terms or policies shall govern your use once you are linked to these third parties’ content or otherwise interact with them.
Candy Tech will not be liable or responsible for any third parties’ content. The inclusion of third parties' content in the Product will not be considered as an endorsement on behalf of the Company.
REPRESENTATIONS AND WARRANTIES OF THE USER
You hereby represent and warrant that by using the Product, you shall not do the following acts in connection with the Product:
- interfere, bypass or disable the security features of the product or impair its performance;
- copy, sell, share, distribute, lease or sublicense the Product and the Product Services and the License granted in this EULA, or any other commercially exploit of the Product and the Product Services;
- use malicious codes or any automated means (for example, scraping, crawling etc.), when you are accessing the Product;
- revise, modify, bypass edit or alter any feature of the Product;
- disassemble, reverse engineer, modify, adapt, translate, decompile, make copies of, circumvent or hack the Product, or any temptation to originate its source code; claim any proprietary rights in or to the Product, or any element or content of it, nor remove, change or modify any notices of proprietary rights;
- use the Product in any unlawful, fraudulent or harmful manner way;
- use the Product in any other manner that may violate this EULA.
CANDY TECH MAY, UNDER ITS SOLE DISCRETION, SUSPEND OR TERMINATE YOUR ACCESS AND USING OF THE PRODUCT AND PRODUCT SERVICES UPON ANY BREACH OF THIS EULA. PLEASE NOTE THAT BREACH OF THIS EULA MAY RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.
UPDATES OF THE SEARCH PRODUCT
Candy Tech reserves the right to update, amend or perform other revisions to the Product and the Product Services without any notice (in advance or otherwise). Candy Tech will not be liable for any damages or any other effect caused from any changes and updates as described above. The user must be aware that by installing and using the Product, he or she approves the downloading and installation of automatic updates of the Product.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK AND RESPONSIBILITY. OUR PRODUCT AND PRODUCT SERVICES ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING REGARDING FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT. CANDY TECH DOES NOT WARRANT THAT THE PRODUCT AND PRODUCT SERVICES ARE OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE, OR FREE OF BUGS AND DOES NOT WARRANT THAT IT WILL TAKE ANY ACTION IN ORDER TO CORRECT BUGS, ERRORS OR ANY OTHER TECHNICAL PROBLEM. CANDY TECH WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO THE USER, OR ANY THIRD PARTY RESULTING FROM BUGS OR ANY TECHNICAL ISSUES. CANDY TECH DOES NOT PROVIDE ANY WARRANTY OR MAKES NO REPRESENTATION THAT THE PRODUCT AND PRODUCT SERVICES ARE OR WILL BE AVAILABLE FOR USE IN ANY OCCASION OR AT ANY TIME.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE USER ACKNOWLEDGES AND AGREES THAT NEITHER CANDY TECH NOR ITS AFFILIATES, AS WELL AS THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, WILL BE LIABLE FOR ANY KIND OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR PROFITS, LOST OF DATA, DAMAGES TO EQUIPMENT ETC., RESULTING FROM YOUR USE OR INABILITY TO USE THE PRODUCT AND PRODUCT SERVICES EVEN WHEN THE COMPANY, OR ANYONE ON ITS BEHALF, WERE ADVISED ON THE POSSIBILITY OF THESE DAMAGES.
IN NO EVENT SHALL CANDY TECH'S AGGREGATE LIABILITY, FOR ALL CLAIMS MADE BY THE USER AND DAMAGES, EXCEED THE ACTUAL PRICE FOR THE USER’S USE OF THE PRODUCT AND PRODUCT SERVICES PAID BY THE USER OR TEN US DOLLARS, WHICHEVER IS LESS.
The user and the Company may terminate this EULA at any time and for any reason. The effective date of this EULA will be the date in which the user installs the Product. The user has the right to remove the Product from his/her device according to the standard uninstalls procedure through the browser settings on his device. Upon termination, the License shall be automatically terminated as well.
Candy Tech reserves the right to terminate or suspend the Product and the Product Services at any time, with or without notice. Candy Tech shall not be liable to the user or any third party, for any loss or damages caused by the termination.
You will defend, indemnify and hold Candy Tech and its respective affiliates, directors, shareholders, officers or representatives harmless from any damages, expenses, liabilities, demands, losses judgments, cost and expenses, including, without limitation, reasonable attorney’s fees incurred by the Company as a result of your breach of the EULA.
EULA UPDATES AND REVISIONS
The Company reserves the right to revise, update or amend this EULA from time to time, at its sole discretion, with or without previous notice. The most current version of this EULA will always be posted on our website and the most updated version will be indicated in the "Last Revised" date. The amendments and revisions to this EULA will be effective upon the publication date. By continuing to use the Product, you agree to the revised EULA, so you shall make sure to review this EULA from time to time.
GOVERNING LAW AND JURISDICTION
This EULA shall be governed by the laws of the State of Israel, without giving effect to any conflict laws' principles. The competent courts located in Tel Aviv, Israel, will be the sole jurisdiction in any dispute, claim or controversy regarding this EULA, Product and Product services'. Any claim regarding the Product and Product services' shall be limited to twelve (12) months starting from the relevant claim and permanently barred after that.
- Entire agreement and Assignment: this EULA and any changes or updates are the entire agreement between you and Candy Tech regarding the Product and Product Services. If any part of this EULA was determined to be invalid or unenforceable, it will not affect the remainder of provisions, which shall remain in full force and effect. This EULA, and any rights or licenses granted under this EULA, shall not be assigned or transferred by you. The Company entitled, under its sole discretion to assign these EULA, and to delegate any of her obligations under this EULA.
- Force majeure: Candy Tech shall not be deemed in breach of this EULA if Candy Tech is unable to provide the Product, Product Services' or any portion of it as a result of national emergencies, labor dispute, insurrection, earthquake, shortages, fires, riots, flood, storm, acts of God, explosions, war, internet outages, global pandemic, or any act of any local or international law, governmental order or regulation or any other event beyond Candy Tech's control.
- Waiver: any failure to enforce any rights or to take any action by the Company against the user in the event of any breach hereunder shall not be deemed as providing a waiver of these rights or of subsequent actions for a future breaches.
CONTACT WITH CANDY TECH
+1 (833) 993-2068