TERMS OF LICENSE
1 pu-results.info(the "Company") has created certain search applications software (the "Software"), which it owns and reserves all rights thereto (including the Intellectual Property Rights, as defined below). The Company makes the Software available for you ("User") to use subject to the term of these Terms of License agreement (the "TOL"). In addition to the main use of the Software, the Software may also reset the User's homepage (and thereafter through such homepage the User shall be provided with feedback to its search quires), change the default setting whenever User opens a new tab in his [internet software], and provide the User with information the Company believes may be of interest to such User. User is advised that the Software is provided free of charge but sponsored by the Company's affiliations with third parties, including by providing advertisements and commercial offers to the User, by Third Parties (as defined below) or otherwise.
2 Acceptance
2.1 Making any attempt to use and/or download and/or install the Software or any portion thereof constitutes User's acceptance and undertaking to be bound by the terms of these TOL, and the Company's Privacy Policy (the "PP") which are available at the site, all of which as may be amended from time to time. These TOL and PP shall be together referred to as the "Agreement". User is advised to read the Agreement carefully before making any use of the Software. If User does not agree with anything in the Agreement, User must not use the Software or any portion thereof, and must promptly click on the button "CANCEL" or on other similar icon or text provided in connection with the Software's download, and refrain from making any use of the Software. It is hereby clarified that by clicking on the button "I AGREE" or other similar icon or text provided in connection with the Software, its download, use or installation, User agrees that User has read the Agreement and expresses User's affirmative consent to be bound by the Agreement's terms.
3 Uninstall
3.1 User is advised that like most online features, by installing the Software he provides his consent to make a few changes to his browser’s and operating system’s default preferences which enable the installation and operation of the Software and preform the changes specified in Section ?1 above. These changes will not affect User's computer performance. At all times the User will be able to revert back the changed settings again, by accessing the settings option of your browser.
3.2 Instructions on how to remove the Software are different for each browser, and can be found in the site. Licensee reserves the right (but is under no obligation) to modify, correct, amend, enhance, improve, make any other changes to, suspend or discontinue, temporarily or permanently the operation of the Software anytime.
4 License and Restrictions
4.1 Subject to User's acceptance of and compliance with the Agreement the Company hereby grants User, during the term of this Agreement, a personal, limited, non-exclusive, non-sublicensable, non-transferable license to install the Software on the hard disk of a computer or on a similar medium on User's Internet device, and to use it for User's internal and non-commercial use, solely in binary executable form and script code form, and solely in accordance with the terms of the Agreement.
4.2 User will install the Software only in accordance with the instructions of the Company. Except as expressly provided herein, User may not, nor may User enable anyone else to, directly or indirectly to: (i) commercially distribute, rent, lease, market, sublicense, resell or otherwise transfer the Software or any portion thereof, (ii) copy or modify decompile, copy, distribute, display, disassemble or reverse engineer the Software or any portion thereof including in cases it is made available with any other software, product or program, (iii) remove any identification, including copyright, trademark, patent or other notices, contained in or in connection with the Software; or (iv) use the Company's name, logo or trademarks without its prior written consent.
4.3 Except for the license granted herein, as between User and the Company, the Company retains all rights to the Software and the defined below Content, including all intellectual property rights therein. At any time the Company may according to its sole discretion terminate User's ability to use the Software or any portion thereof (including content or services provided through the Software or in connection therewith).
5 Content
5.1 Through the Software certain content or services may be made available to the User ("Content"). Such Content may be comprised of (i) content which the Company may believe can be of interest to the User (including advertising material and content which is not created or owned by the Company); (ii) content provided in response to queries submitted by the User through the Software ("Search Results"); or (iii) other content and/or services provided by third parties which affiliate with the Company ("Third Parties"). For this purpose (and others) the Company may incorporate certain features and/or monetization tools which enable the Company (or any Third Parties) provide User with their content in a more precise and efficient manner. User is advised the Content may be presented within the Software or search pages as well as outside the Software or such pages, User hereby provides the Company with its express consent for such presentation of the Content.
6 Third-Party Services and Search Results
6.1 Content may incorporate, provide or make available to the User (i) links to other websites, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, content, applications, software, and other content or items belonging to or originating from third parties, as well as (ii) advertising material (including advertisements, sponsored messages, coupons, photographs, graphics, deals, or other commercial offers) ((i) and (ii), including all content provided therein shall be referred to as "Third-Party Services").
6.2 All rights in and to such Third-Party Services and Content, including all copyright, patent trademark, trade secret and other intellectual property rights protected by applicable laws (the "Intellectual Property Rights") are reserved and remain with such third parties and User hereby agrees that such third parties may enforce their rights against User directly in their own name.
6.3 User may not relay (and the Company does not represent that it execute) on any investigation, monitoring, or inspection of accuracy, appropriateness, or completeness of any if Third-Party Services or Content. The Company makes no warranties or representations whatsoever with regard to any Third-Party Services, and neither the Company, its employees, directors or shareholders will be liable and/or responsible for any such Third-Party Services accessed or made available through the Software, including the content, accuracy, offensiveness, opinions, reliability, of any information provided therein.
6.4 The inclusion of Third Parties Content or Third Parties Services does not constitutes as an endorsement or recommendation of such Content or Services. The use of Third Parties' Services and Content is governed by separate terms of use, and separate privacy and data collection practices, other than the Agreement. The Company is not responsible for any such terms of use or privacy policies of such Third Parties. User should review the applicable terms and policies, including terms of use and privacy policies, of such Third Parties and of any site to which User navigates to or any applications User uses or installs.
7 User Representations
7.1 User represents and warrants that (i) he is at least 18 years of age and is not (and is not acting on behalf of) an incorporated legal entity. You may not access the Software, if you are a competitor of the Company, except with Company’s prior written consent. In addition, you may not access the Software, for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes; (ii) User is authorized to use the Software and Content; (iii) User assumes full liability and risk for selection of the Software and Content; and that (iv) User will make use of the Software and content provided therein (including the Third Parties Services) only in a lawful manner, complying with all applicable laws, rules and regulations, and the Agreement.
8 Limitation of Liability
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE COMPANY, IN CONNECTION WITH OR ARISING FROM USER'S USE OF THE SOFTWARE. USER'S ONLY RIGHT OR REMEDY WITH RESPECT TO THE SOFTWARE OR ANY CONTENT MADE AVAILABLE THEREWITH IS TO IMMEDIATELY DEINSTALL OR CEASE USE OF THE SOFTWARE.
8.2 WITHOUT DEROGATING FROM THE ABOVE, IN JURISDICTIONS WHERE THE COMPANY MAY NOT BE RELIEVED FROM ITS LIABILETY IN ITS ENTIRETY, THE COMPANY'S TOTAL LIABILITY TO USER UNDER OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE SOFTWARE SHALL NOT EXCEED THE LOWER OF: (I) THE AMOUNT PAID BY USER FOR THE SOFTWARE, IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR USING THE EXTENSION; OR (II) US$5. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. IN CASE THE SOFTWARE IS PROVIDED TO USER AT NO CHARGE, THE COMPANY SHALL NOT BE LIABLE AT ALL, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.3 WITHOUT DEROGATING FORM THE ABOVE, NO ACTION ARISING UNDER OR RELATING TO THE AGREEMENT, REGARDLESS OF ITS FORM, MAY BE BROUGHT AGAINST THE COMPANY OR ANY THIRD PARTY PROVIDING CONTENT OR SERVICES THROUGH THE SERVICES OR IN CONNECTION THERETO MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED AND IN ANY EVENT NO LATER THAN THREE (3) MONTHS AFTER THE EXPIRATION OR TERMINATION OF THE AGREEMENT.
9 Warranties
9.1 Software and Content are provided on an "as is" basis and any use of the Software and/or the Content is made at User's own risk, to the fullest extent permitted by law. The Company, and/or it employees, directors, shareholders, subsidiaries, affiliates, licensors, business partners and/or suppliers do not warrant the use of the Software and/or the Content will be uninterrupted, error-free or free of computer viruses or other harmful mechanisms or software, or make any warranties regarding the Content with respect to performance, completeness, accuracy, reliability, security, merchantability, fitness for a particular purpose, non-infringement, operability, or availability. User acknowledges that any reliance upon any use of Search Results, Software and Content shall be at User's sole risk.
9.2 9.2. The Company may from time to time during the term of the TOL, provide User with modifications upgrades or updates to the Software (“Update"). Updates are part of the Software for all purposes under this Agreement and the terms of the TOL shall also apply to any Update of the Software. User hereby authorizes the Company to provide him with such future updates of the Software. User acknowledges that Updates are provided automatically in order to obtain maximum benefit from the Software, but it is hereby clarified that the Company has no obligations to make any Updates or provide any and/or all Users with any and/or all Updates. All Updates and there distribution will be subject to the Company's sole and absolute discretion.
10 Indemnification
10.1 User agrees to defend, indemnify, and hold Company and its affiliates, respective officers, directors, employees, and agents or any third party providing Content or Third Party's Services through the Software or in connection thereto harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses including reasonable attorney's fees arising from or incurred as a result of, related to or based on (i) User's use of the Software, the Content (including the Third-Party Services); and/or (ii) User's violation (either directly or indirectly) of the Agreement and/or violation of any third party right, including without limitation any license to use, copyright, proprietary, property, publicity, or privacy right or the Company's use of any content in any manner that is not permitted under any applicable law. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User. This defense and indemnification obligation will survive any expiration or termination of these TOL and the termination of User's use of the Software. User shall cooperate as fully as reasonably required in the defense of any claim.
11 Term and Termination
11.1 These TOL is valid and effective as of the date the User has installed the Software or used the Content or any portion thereof. The Company may terminate this Agreement without any prior notice at any time. User may terminate this Agreement by permanently deleting the Software from User's internet assets, as well as all back-up copies, if any, and all related materials at any time. Upon termination, User's rights under this Agreement shall automatically and immediately expire and User must promptly delete or destroy the Software, all back-up copies, if any, and all materials related to the Software. Sections 7 and 9 shall survive any such termination or expiration of the Agreement.
12 Miscellaneous
12.1 (i) This Agreement shall be governed by the laws of the State of Israel without regard to the principles of the conflict of law. The competent courts located in Tel Aviv-Jaffa, Israel shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement; (ii) The Agreement shall be enforced to the fullest extent permissible under any applicable law. Accordingly, if any particular portion of this Agreement shall be adjudicated to be invalid or unenforceable, it shall be deemed to be amended to delete the portion the court adjudicated to be invalid or unenforceable, and the remaining portions of this Agreement shall remain in full force and effect; (iii) Without limiting any other terms of the Agreement, the Company may always in the Company's sole discretion block User's access to the Site or stop providing, terminate or disable User's use of the Site and/or Services and/or Software, even if the Company has previously allowed User to use Site, Services and Software; (iv) User agrees that the Agreement constitutes the entire agreement between User and the Company, with respect to User's use of Services, the Content and Software and supersedes all previous agreements, understandings and representations relating thereto. The Company's failure to exercise or enforce any of the Company's rights or provisions under the Agreement shall not be deemed or operate as a waiver of any such right or provision; (v) The Company may, from time to time modify the Agreement. If User does not agree to (or cannot comply with) the Agreement as amended, User's only remedy is to stop using the Software. User is advised that if User does not terminate all use of the Software or any portion thereof, User will be deemed to have accepted the Agreement as amended; (vi) The Software or any part thereof, including the information about the Software and any part thereof, shall be subject to the measures on monitoring of imports and exports under legal regulations which may be issued by the governments competent for the issuance thereof under applicable law. User agrees to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use and destination restrictions issued by national governments and User acknowledges that User shall be held liable for the obtaining of licenses for export, re-export, transfer or import of the Software.
13 Notice and Takedown
13.1 Use of the Software for illegal purposes is not permitted. In the event User suspects that the Software or any Content provided to User via the Software infringes User's intellectual property rights or any other right of User, or violates applicable law (an "Alleged Infringement"), User is required to notify the Company Representative designated below of such Alleged Infringement, which notice will include the necessary information as further detailed below. Notices regarding Alleged Infringement ("Alleged Infringement Notice(s)") are to be provided to pu-results.info, (the "Company Representative"). Each Alleged Infringement Notice must include the following information: (a) a statement of the legal entity which claims to be the owner right which is, allegedly, infringed, or that claims applicable law is violated (the "Claimant"), that an Alleged Infringement has occurred, or that an applicable law is violated, and that the information provided in the Notice is true and correct. Such statement must be signed by the Claimant, whether true signature or electronic signature of such Claimant or the person authorized by such Claimant to represent it, shall include the signatory's representation that it is authorized to sign such statement and its acknowledgement that such statement is subject to penalty of perjury; (b) a detailed description of the Claimant's rights which are, allegedly, infringed or the applicable law that is allegedly violated; (c) a detailed description of the content which is, allegedly, infringing Claimant's rights or violating applicable law, including, without limitation, such information that will enable the Company to find such content; (d) full contact details of the Claimant, which must include at least 2 methods of communication, such as telephone, fax (including country access code), physical address and email. Whereas parties other than the Claimant and the Company (the "Other User(s)"), which use the Company's Software may have rights in the content which is the subject matter of the Notice; Company 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 Company Representative, and must include the following information: (a) a statement of the Other User that its content has been wrongfully removed or disabled, that its content does not pose an infringement of the Claimant's right(s) or violates applicable law, and that the information provided in the Response is true and correct. Such statement must be signed by the legal entity comprising the Other Party, whether true signature or electronic signature of such legal entity or the person authorized by such legal entity to represent it, and shall include the signatory's representation that it is authorized to sign such statement and its acknowledgement that such statement is subject to penalty of perjury; (b) a detailed description of the Other Party's content which was removed or disabled, as it was before it was removed or disabled, including, without limitation, such information that will enable the Company to find such content; (c) full contact details of the Other Party, which must include at least 2 methods of communication, such as telephone, fax (including country access code), physical address and email. 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. In the event a Response is received by the Company, Company shall notify Claimant thereof. In the event Claimant does not, within 14 business days from such Company notice, provide the Company 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 Company shall be entitled to disregard the Notice, and return and/or enable the allegedly infringing content. Any notice provided to Company under this Section 12 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 12 may be disregarded by the Company. Other than Notices and Responses, no communication can be sent to the Company Representative, and such other communications will be disregarded. The Company 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. This Section 11 does not, in any way, derogate from Company's right to remove or not to remove any content provided via its Software, for any reason.
If User has any questions or concerns about this PP, please contact the Company by email at info@pu-results.info.com