PRIVATE DISK END USER LICENSE AGREEMENTPLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. THE SPEEDBIT PRIVATE DISK IS A PREMIUM-ONLY TRAY APPLICATION. BY USING THE SPEEDBIT PRIVATE DISK (THE "PRODUCT") YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
SPEEDBIT MAY REVISE TERMS OF THIS AGREEMENT TO REFLECT CHANGES IN OUR PRODUCT AND CUSTOMER FEEDBACK.
IF THERE ARE SIGNIFICANT CHANGES TO THIS AGREEMENT, WE WILL NOTIFY YOU ABOUT SUCH CHANGES BY PLACING A PROMINENT NOTICE ON OUR SITE (AT: WWW.SPEEDBIT.COM) PRIOR TO IMPLEMENTING THE CHANGE.
Subject to the terms and conditions of this agreement, Speedbit hereby grants you a non-exclusive, non-transferable, non-sublicensable, license to use the Product for your personal, non-commercial use only. Any commercial use of the Product is strictly forbidden, under this Agreement. If you wish to engage in any kind of commercial use of the Products, you are required to obtain Speedbit's expressed prior written consent to such use, as well as an appropriate commercial license to use the Product by contacting Speedbit via email to the following email address: firstname.lastname@example.org.
Activation of the Product requires an additional registration code ("Code"). Subject to payment of the applicable license fee Speedbit shall issue you a unique Code enabling you to activate the Product. The Code shall correspond to a single designated computer on which your Product is activated. During the installation process you shall be prompted to choose a private password that will be known only to you (the "Password"); you will also be prompted to choose unique password tips. You are advised that Speedbit will not become privy to your Password and will not be able to assist you in the event that the Password is lost or forgotten.
You will bear the sole responsibility for (1) maintaining the strict confidentiality of any Code assigned to you, (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your Code. Speedbit shall not be liable for any harm related to the theft of your Code, any disclosure of your Code, or your authorization to allow another person or entity to access and use the Product using your Code. You agree to immediately notify Speedbit of any unauthorized use of your Code.
Speedbit retains sole and exclusive ownership of all rights, title and interests in the Product and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Product and the technology related thereto. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
You hereby undertake to comply with any legal obligations, including but not limited to, obligations imposed by copyright, trademarks, patent, secrecy, defamation, decency, privacy and export laws. You agree to indemnify Speedbit and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys fees) which may arise from your illegal, unauthorized or abusive use.
Speedbit may, from time to time, offer updated versions of the Product. If you are using the Product, you shall be subject to the specifications, features, scope and duration of the Product and to additional terms and conditions applicable to the Product, which are available in conjunction with the purchase of or registration for the Product, as well as posted in other ways such as: through our website, through email, through pop-up announcements.
Fees and Payments
All fees and payments hereunder are exclusive of taxes, duties, levies, V.A.T and other charges. Speedbit exercises no control over these charges and cannot predict what they may be. You are exclusively responsible for determining which additional charges apply to your transactions and for covering any such applicable duties. Speedbit may, at its sole discretion change the applicable fees and/or terms at any time.
Term and Termination
This Agreement shall commence upon your use of the Product. Either party may terminate this Agreement at any time by giving written notice. Speedbit's notice may be delivered to you either by email or by the posting of such termination notice on Speedbit's website - www.speedbit.com. Your written notice should be delivered to Speedbit by email to the following email address: email@example.com.
Termination notice may be given provided that Speedbit will not terminate a license to use the Product except as described in this section hereunder, and that if you are terminating the license for the Product you will not be entitled to a refund of the License Fee. Without prejudice to any other rights, Speedbit may terminate this Agreement and/or limit or revoke access to the Product at any time, with immediate effect, and without penalty, if you fail to comply with the terms of this Agreement. Upon termination, you shall destroy all copies of the Product.
Amendment of the Product
The Product, functions, features provided by Speedbit may change from time to time. The latest versions of the Product, are available at Speedbit's website - WWW.SPEEDBIT.COM. Speedbit reserves the right to discontinue the release and support of any version of the Product or to revise the Product so it provides different features, features in different combinations, and/or different environment configurations.
Disclaimer of Warranty and Liability
SPEEDBIT EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO: (A) THE PRODUCT; AND (B) THE PRODUCT IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT IS BORNE BY YOU. THIS PRODUCT IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS.
SPEEDBIT DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability
IN NO EVENT WILL SPEEDBIT BE LIABLE FOR ANY 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, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF SPEEDBIT FOR ANY DIRECT DAMAGES SHALL BE THE REPLACEMENT OF THE PRODUCT. IN THE EVENT SUCH REMEDY IS NOT FEASIBLE SPEEDBIT's LIABILITY SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU FOR THIS PRODUCT.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Haifa shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of Speedbit. Upon reasonable notice to you, Speedbit may assign or transfer this Agreement at its sole discretion. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
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