END USER LICENSE AGREEMENT
Last Updated: February 14, 2019
Software is not intended for minors in any jurisdiction. We reserve the right to request proof of age at any stage, so that we can verify that minors are not Using the Software. In the event that it comes to our knowledge that a minor is Using the Software, we will prohibit and block such user from accessing the Software, and will make all efforts to promptly delete any personally identifying information (“PII”) with regard to such a user. If you are a parent or guardian who has discovered that your child has submitted his or her PII without your consent, please contact us as provided in this Agreement and we will take the necessary steps to remove that information from our database.
We may, from time to time, change this Agreement. We encourage you to visit and review this Agreement frequently in order to stay informed. Prior to any material change to this Agreement, we will notify you by reasonable means of such change. Other changes, including amendments made to the Agreement to comply with legal requirements, will become effective immediately upon their initial posting. We will also update the “Last Updated” date at the top of this Agreement. Your continued use of the Software after any change takes effect will indicate your acceptance of the amended Agreement. If you do not agree with any of the amended terms, you must cease Using the Software.
- The Software.
The Software is a browser extension, following installation, which automatically activates the Privado search feature for all searches conducted on your browser. In addition, it will change the default search settings to Privado for all searches conducted through the search box on your browser new tab and default search.The Software includes optional features that you can activate such as web proxy access.
We hereby grant you a worldwide, non-exclusive, royalty-free, revocable, non-assignable, non-transferable, non-sublicensable right and license to Use the Software for limited personal, non-commercial purposes only, and provided that you comply with this Agreement and refrain from:
- Copying, modifying, or creating derivative works of the Software or any portion thereof;
- Decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code or underlying ideas or algorithms of the Software, or any components thereof;
- Circumventing, disabling or otherwise interfering with any part of the Software including, without limitation, any security-related features or features that prevent or restrict use or copying of any part of the Software;
- Transferring, sublicensing, leasing, lending, renting, or otherwise distributing (without our written consent) the Software or any part thereof to any third party;
- Interfering with, damaging, disabling, overburdening, impairing, destroying, limiting the functionality of or disrupting the Software, or servers or networks connected to the Software, or interfering with the access, use or enjoyment by others of the Software, or servers or networks connected to the Software, or disobeying any of our or our network requirements, procedures, or policies connected to the Software, including, but not limited to, causing greater demand on the Software than is deemed reasonable by us;
- Using any method to intercept or expropriate any system data or information from the Software;
- Attempting to gain unauthorized access to the Software, user accounts, computer systems or networks;
- Linking, uploading, posting, emailing, transmitting or otherwise making available any content that (a) you do not have a right to make available under any law, or under any contractual or fiduciary relationships, (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Collecting or harvesting any personally identifiable information, including account names or e-mail addresses, from the Software;
- Using the communication systems provided by the Software (as applicable) for any commercial solicitation purposes, or linking, uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with the Software;
- Linking, uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, viruses, malware, bots, files or programs designed to interrupt, damage, disable, overburden, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Using the Software (including, but not limited to, any chat room, forums or communication systems provided by or available through the Software) or any content thereon to promote, conduct, or contribute to activities that in Privado’s sole discretion are fraudulent, obscene, pornographic, commercial, inappropriate or illegal, or which promotes hatred towards any group of people;
- Violating any applicable local, state, national or international law, rule or regulation, or harm or infringe upon the right of any other person or entity, including, without limitation, theintellectual property or privacy rights of any person or entity; and
- Allowing or facilitating any third party to do any of the foregoing.
We will have the right to terminate your access to the Software, in our sole discretion, immediately and with or without cause. We may, in our sole discretion and at any time, in any way, for any reason, change or discontinue any part of the Software.
You agree that you are solely responsible, and Privado has no responsibility to you or to any third party, for your Use of the Software or any Third-Party Components (as described below) or your breach of your obligations under this Agreement and for the consequences thereof. Furthermore, you are solely responsible and liable for any activity by any person who Uses the Software on your behalf, where applicable. You agree to immediately notify us of any unauthorized Use suspected by you or any other breach of security known or suspected by you.
- Third-Party Software Components.
Portions of the Software include third party open source software components(the “Third Party Components”) that are subject to third party terms and conditions (“Third Party Terms“). This Agreement does not apply to such Third Party Components and Privadohereby disclaims any and all liability to you or any third party related thereto. Notwithstanding anything in this Agreement to the contrary, Privado makes no warranty or indemnity hereunder with respect to any Third Party Components. This Agreement does not convey to you an interest in or to the Third Party Components, but only a limited right of use, revocable in accordance with the terms of this Agreement, or in accordance with the relevant Third Party Terms. You acknowledge that such Third Party Components are exclusively owned and licensed by their respective owners and licensors and you agree to comply with the Third Party Terms. You may not remove or modify any markings or proprietary rights notices that appear on Third Party Components. A list of any Third Party Componentsand related Third Party Terms is available at: https://github.com/gorhill/uBlock. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related Third Party Components. Without derogating from the generality of the foregoing, portions of the Software are licensed pursuant to the terms of the GNU General Public License in accordance with its terms (“GPL-Licensed Components”). You may contact us at: firstname.lastname@example.org to receive access to the source code of GPL-Licensed Components within a period of three (3) years after the date on which you downloaded the Software (“Offer Period“), any request following the Offer Period may be denied.
- Software Updates.
In order to improve and enhance the Software, the Software is configured to automatically download, install and run updates, upgrades, newer versions, enhanced functions, new software modules, configuration changes and bug fixes on your computer from time to time (the “Software Updates”). The Software Updates may also cause changes and configure third-party software on your computer (such as your operating system or internet browser) in order to enhance the operation and performance of the Software. You hereby consent to receiving the Software Updates. Notwithstanding the foregoing, Privadois not obligated to maintain or support the Software, or to provide you with Software Updates. You agree to Use the Software at your own risk and that Privadoshall not have any liability to you with respect to such content.
- Intellectual Property Rights.
Privado is the sole owner of the Software, including without limitation, all applicable copyrights, patents, trademarks, and trade secrets, and other intellectual property rights in connection thereto. Privado further owns all rights to its logos and trademarks used in connection with the Software. All other logos and trademarks appearing on or through the Software are the property of their respective owners. Privado reserves all rights not expressly granted in and to the Software. You acknowledge that you do not acquire any ownership rights to the Software. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on or through the Software.
- Disclaimer of Warranties.
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE, INCLUDING ANY THIRD-PARTY COMPONENTS, IS AT YOUR SOLE RISK AND RESPONSIBILITY. NEITHER PRIVADO NOR ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE, OR AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THERETO. FURTHERMORE, WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON OR THROUGH THE SOFTWARE OR THIRD-PARTY COMPONENTS.
WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SOFTWARE WILL FUNCTION AS CLAIMED, WE DO NOT GUARANTEE THAT THE SOFTWARE WILL BE FREE OF BUGS, SECURITY BREACHES OR DATA BREACHES OR INCIDENTS, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SOFTWARE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT PRIVADO WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU, INCLUDING THOSE THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE OR THIRD-PARTY COMPONENTS, 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, ALTERATION OF, OR USE OF ANY DATA OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
- Limitation of Liability.
IN NO EVENT WILL PRIVADO, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, HARM TO GOODWILL OR REPUTATION), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE, EVEN IF PRIVADO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PRIVADO’S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AND PRIVADO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Due to your use of the Software, you agree to defend, indemnify and hold Privado, its affiliates and successors, and their respective owners, officers, directors, employees and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, arising in any way from (i) your Use of the Software; (ii) your violation of this Agreement; or (iii) your violation of any third-party right, including without limitation any intellectual property, publicity or privacy right.
- Linked Sites.
The Software may contain features that may link you to third parties’ applications and/or web sites (“Linked Applications & Sites”). The Linked Applications & Sites are not reviewed, owned, controlled or examined by us in any way. We have no control over those Linked Applications & Sites, and we assume no responsibility for the content, privacy policies, or practices of any of those Linked Applications & Sites, or any additional links contained therein. In addition, we will not and cannot censor or edit the content of any Linked Applications & Sites. The offering of these features does not imply our endorsement of, or association with, the Linked Applications & Sites and by Using the Service, you expressly release Privado from any and all liability arising from your use of any Linked Applications & Sites.
All title and intellectual property rights in and to the content of any third-party web site which may be linked to or viewed in connection with the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except as allowed by such third party.
- Term and Termination.
Your license to Use the Software under this Agreement will continue until it is terminated by one of us. You may terminate this Agreement at any time by discontinuing the Use of the Software, uninstalling the Software from your device and by destroying all copies of the Software in your possession andcontrol. This Agreement and the license granted to you under this Agreement will terminate automatically if you breach any term of this Agreement. Sections 2, 3, 4, 6 through 16 shall survive the termination of this Agreement.
Privado may transfer, assign sublicense or pledge in any manner whatsoever to a third party, any of its rights and obligations under this Agreement, without notifying you or receiving your consent. You shall not transfer, assign, sublicense or pledge in any manner whatsoever, any of your rights or obligations under this Agreement.
- Applicable Laws / Jurisdiction.
You agree that the laws of Israel, excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your Use of the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Privado or relating in any way to your Use of the Software resides in the courts of Tel Aviv, Israel. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tel Aviv, Israel, in connection with any dispute or claim involving Privado or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree that you will not export nor re-export the Software nor any technical data related thereto nor any direct product thereof to any country embargoed by the U.S.
You further represent and warrant that: (a) you are not a citizen, national, or resident of, are under control of the government of, or located in a country that is, subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, including, without limitation, Cuba, Iran, Sudan, North Korea, Syria, or any country to which the U.S. has prohibited exports; and (b) you are not listed on any U.S. government list of prohibited or restricted parties, including the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, and you are not listed on the United States Department of Commerce Table of Denial Orders. You will not Use the Software for, and will not allow the Software to be used for, any purposes prohibited by U.S. law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction.
- Government Users.
Any Use, duplication, or disclosure of the Software by the U.S. government is subject to the restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The manufacturer is Perion Network Ltd.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement are for the benefit of Privado, its parent, subsidiaries, other affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement or portion hereof to be unenforceable, that provision of this Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Nothing in this Agreement will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Privado, and you do not have any authority to create any obligation or make any representation on Privado’s behalf.
- Contact Privado.
If you have any questions, complaints and/or claims, you may contact Privado at:
Attention: General Counsel
26 HaRokmim Street, Azrieli Center 1
Building A, 4th Floor