End User License Agreement
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT CAREFULLY. IT SHALL GOVERN YOUR USE OF THE SOFTWARE (AS DEFINED BELOW). IF, AFTER READING THIS AGREEMENT, YOU WISH TO USE THE SOFTWARE PLEASE INDICATE YOUR ACCEPTANCE HEREOF BY CLICKING "I AGREE".
END USER LICENSE AGREEMENT
1. TERMS AND CONDITIONS
The SweetIM and Sweetpacks products and any accompanying service, product and/or feature and/or addition thereof and any software enabling the use thereof (the "Software"), are provided by Perion Network Ltd. and/or its affiliates and subsidiaries (collectively the "Company" or "we") to you ("you" or "your") and others who use the Software (collectively "User" or "Users"), subject to this Agreement and all modifications thereto including all rules that may be published from time to time by the Company (the "Agreement").
1.1 GENERAL TERMS
Your use of the Software, including any content and software contained therein, signifies your understanding and agreement that such use is entirely at your own risk. You agree to use the Software solely for your personal, non-commercial use. The Software is provided to any user who agrees to be bound by this Agreement and by additional terms that shall be added by the Company from time to time.
You agree not to transfer or resell the Software, in whole or in part, to any third party, or allow unauthorized access to the Software, by any third party. When required, You agree to provide true, accurate, current and complete information about yourself. If any information provided by you is untrue, inaccurate, not current or incomplete, the Company may terminate your use of the Software.
1.2 CHANGES IN AGREEMENT
The Company may change this Agreement from time to time and at any time, as well as block any of the features included within the Software, with or without a release of a new version of the Software, and without actual notice to you. You can always view the most current version of this Agreement on http://www.sweetim.com/eula.html (the “Site”). You agree that your continuing use of the Software after such change was published for the first time shall constitute your consent to the new or revised Agreement.
2. YOUR ACCESS
You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Software and for any telephone charges associated with connecting to the Internet to use the Software.
3. AUTHORIZED PERSONS
You are responsible and liable for any activity by any person who uses the Software on your behalf. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree to immediately notify the Company of any unauthorized use of the Software or any other breach of security known or suspected by you.
4. SOFTWARE LIMITED LICENSE AND USE POLICY
The Software may have been downloaded from the Company’s Site or another authorized website. If you have downloaded the Software - you acknowledge that no payment was made by you for the Software, regardless of the method of delivery, and if payments were made, they were made for other equipment, products or services and not for the Software. To ensure the proper functionality and security of the Software always make sure you are using a current and authorized copy of the Software.
The Software is being licensed to you by the Company on an "AS IS" basis, for your private personal, non-commercial use only. Except as expressly permitted hereunder, you agree not to extract or harvest any information from any portion of the Software, or to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Software, or any information available on, derived or extracted from the Software or any part of the foregoing. The Company may, at its sole discretion, modify, limit, deny, or create different levels of use for different users, or cancel some or all of the functionality of the Software at any time, without prior notice.
5.1 Upon installation, the Software will be added to your instant messenger allowing you to add emoticons, other graphics and sounds to your chats. In addition, the SweetPacks toolbar will be added to your Internet browser in the form of a toolbar which enables you to insert emoticons and various graphical elements to your web based emails, blogs, forums and social networks. It also provides you with a search box, and easy access to powerful Web search directly from your browser.
5.2. During the installation process of the Software, the
Company will offer you to accept the Company’s search service as your default search
service, to set the Company’s search service web page as your home
To the extent you choose to accept such search services, based on your
preferences, the Software installation program will change your browser home
page to the Company’s search service web page and/or your default search
service to the Company’s search service.
5.3 The Company may change from time to time, without notifying you: (1) the content, design or layout of the search service web page; and/or (2) the search service provider to other search service provider.
5.4 You may uninstall the Software at anytime by using “Add or Remove Programs” dialog under the Control Panel, or from the Start Menu at your desktop under “Programs”.
5.5 You may change your default search service provider and your home page at any time by following the instructions available at:
7. PROPER USE; CONTENT
7.1 You agree that you will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the Company; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Software; (iv) use the Software for any fraudulent or inappropriate purpose; (v) interfere with, damage, disable, overburden, impair or disrupt in any way the Software, (vi) use the Software, for "spamming", (vii) Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of the Software. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within the Software. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements; or (viii) act in any way that violates the Software policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Software in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
The Company shall not be liable for content that you and others make available when using the Software and you shall have the sole liability for such content and for sharing such content in public areas, including without limitation for any claim of breach of intellectual property right and\or privacy right.
Please note that when allowing others to access your content, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate the content to others.
You understand that We may need, and you hereby grant us the right, to use, modify, adapt, reproduce, distribute, and display content posted on the Software solely to the extent necessary to provide service features and service available through the Software.
The Company has the right refuse to publish your content and\or remove it, for any or no reason at any time.
The Company does not have any obligation to back up any of your content and has a right to permanently delete your data from our servers if the Software is cancelled and\or terminated according to this Agreement. Data that is deleted may be irretrievable and you hereby waive any future claim regarding any such deletion of data.
The Company uses the services of a third party company to help it measure the effectiveness of its advertising and how visitors use Software. To do this, the Company uses Web beacons and cookies provided by a third party company. The type of information the Company collects includes the pages visited, the product codes and prices that visitors purchase and coupons that were used during purchase.
9. INTELLECTUAL PROPERTY RIGHTS
As between the Company and you, the Company is the sole owner of the Software, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Software or any portion thereof, for any purpose. 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.
10. UNSOLICITED MATERIALS
Any unsolicited materials submitted or sent to the Company, will be deemed to be not confidential or secret. By submitting or sending information or other material to the Company you:
a) Warrant that you have all rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material;
b) Unless stated specifically otherwise therein, grant the Company an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that the Company is free to use any ideas, know-how, concepts or techniques you send us for any purpose, without any compensation to you or any other person.
11. DISCLAIMER OF WARRANTIES
THE SOFTWARE, AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS, FOR THE AVOIDANCE OF DOUBT (ON BEHALF OF ITSELF, ITS SUBSIDIARIES, ITS PARTNERS, AND ITS AFFILIATES) OF ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE OR SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE OR SITE, 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT (1) ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE, AND THAT (2) THE FUNCTIONS OR SERVICES PERFORMED AND/OR PROVIDED BY THE COMPANY, ITS SUPPLIERS AND ITS AFFILIATES, IF APPLICABLE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE, AND THE SITE, WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SOFTWARE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SOFTWARE, IF APPLICABLE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA TO YOUR COMPUTER SYSTEM.
12. LIMITATION OF LIABILITY
12.1 IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, PARTNERS, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, 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 IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE OR SOFTWARE, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SOFTWARE, OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE COMPANY'S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE SOFTWARE AND THE SITE EXCEEDS THE ACTUAL CONSIDERATION RECEIVED BY THE COMPANY FROM YOU FOR THE USE OF THE SOFTWARE AND SITE.
By agreeing to use the Software and/or Site, you agree to defend, indemnify and hold the Company, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Software or Site or the creation, the placement or transmission of any message, information, software or other materials through the Software by you or users authorized by You or related to any violation of this Agreement by You or any user authorized by you.
14. CANCELLATION AND TERMINATION
The Company may, at its sole discretion, terminate the Software or your use of the Software, or the use of any of the Software features, permanently or temporarily, at any time and without cause. You may at any time cancel your use of the Software. Upon cancellation or termination, you will immediately cease all use of any software and any documentation provided to you by the Software. Except as otherwise expressly provided herein, all sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability;
15. LINKED SITES
15.1. The Software and Site and the Company’s e-mail communications to you, may contain features that may link you to third parties' web sites and/or software programs ("Linked Sites" and the “Linked Software”, respectively). These features are provided by the Company only as a suggestion of the Company to you. The Linked Sites and the Linked Software are not reviewed, controlled or examined by the Company in any way and the Company is not responsible for the content of any such Linked Sites, or any additional links contained therein nor for the quality and/or accuracy, timeliness, completeness, safety or adequacy, fitness for a particular purpose of any content of any such Linked Sites and/or the Linked Software. The offering of these features does not imply the Company's endorsement of, or association with the Linked Sites or the Linked Software. It is your sole responsibility to comply with the appropriate terms and conditions of the Linked Sites and/or the Linked Software as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and/or Linked Software and any content contained thereon. In no event shall the Company be liable to anyone for any damage arising from or occasioned by the creation or use of the Linked Sites and/or the Linked Software or the information or material accessed-through these Linked Sites and/or the Linked Software. The Company may at its sole discretion add, change, decline or remove, without notice, any feature or link to any of the Linked Sites and/or the Linked Software from the Software and/or introduce different features or links to different users.
15.2. There may be circumstances where access to the Site and/or Software is provided by a link located at another website. Neither the Company nor its affiliates make any representations or give any warranties with respect to any information contained in or at these other sites and neither the Company nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither the Company nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to the Site and/or Software.
16. PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. The Company may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
18. APPLICABLE LAWS / JURISDICTION
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national or other destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through the Software any data or software that cannot be exported out of the United States without prior written government authorization, including but not limited to, certain types of encryption software. The above assurance and commitment shall survive termination of this agreement.
You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your use of the Software and Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Software or Site resides in the competent courts in Tel Aviv, Israel, and you further agree and expressly consent to the exercise of personal jurisdiction in the competent courts in Tel Aviv, Israel, in connection with any such dispute and including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Version: 1.1 Published: January 28, 2013