Last Modified: May, 2020
This End User License Agreement (“EULA”) is a binding agreement between Media Arena Ltd (“Company” or “Media Arena”) and you, a user of our browser extension add-on (referred to as “user” or “you” and “Product” respectively).
BY INSTALLING AND USING THE PRODUCT, YOU AFFIRM THAT YOU HAVE READ, COMPREHENDED, AND ACCEPTED THIS EULA. YOU AGREE TO BE LEGALLY BOUND BY AND FULLY COMPLY WITH THE TERMS AND CONDITIONS OUTLINED IN THE EULA. FURTHERMORE, YOU COMMIT TO ADHERING TO ALL RELEVANT LAWS AND REGULATIONS CONCERNING YOUR USE OF THE PRODUCT. IT IS IMPORTANT TO ACKNOWLEDGE THAT THIS EULA ESTABLISHES A LEGALLY BINDING AND ENFORCEABLE CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THE TERMS OF THE EULA, PLEASE REFRAIN FROM USING THE PRODUCT IN ANY WAY AND UNINSTALL IT WHERE APPLICABLE.
We retain the right to periodically modify or update this EULA at our sole discretion. Any changes made will take effect immediately upon the publication of the revised EULA. The “Last Modified” date at the bottom of this EULA will indicate the most recent revision. By continuing to use the Product after such amendments, you acknowledge and consent to these changes in the EULA, and agree to be bound by them.
2. SCOPE OF SERVICES
The Product is a browser add-on that, upon installation, will modify the new tab setting and potentially other features of your browser based on your chosen preferences. The installation process may also impact your default browser search settings. Additionally, the Product offers services such as a direct web search and other enhancing features. It’s important to note that the Services provided by the Product aim to improve your search experience by displaying relevant advertisements based on your search queries (“Services”).
3. LICENSE AND INTELLECTUAL PROPERTY
You are granted a revocable, limited, non-exclusive, non-transferable, and non-sub-licensable license to download and utilize the Product for personal and non-commercial purposes. This license is contingent upon your agreement to be bound by this EULA and your compliance with its provisions.
All Intellectual Property Rights and any other rights, titles, and interests related to the Product (including trademarks, service marks, product names, trade names, modifications, enhancements, upgrades, customizations, and derivative works) are and shall remain the exclusive property of the Company and its licensors. For the purpose of this EULA, “Intellectual Property Rights” encompasses various intellectual property rights, including but not limited to trademarks, service marks, trade names, copyrights (registered or unregistered), trade secrets, confidential information, software, computer code (in any form), and all related applications and registrations.
4. THIRD PARTY SERVICES AND LINKS
The Services provided by the Product may include links to content, websites, webpages, and other materials (such as advertisements) offered by third parties (“Third Party Services”). Please note that these Third Party Services are not operated, owned, or developed by us, and we have no control over their accuracy, legality, reliability, and other aspects. It is your responsibility to carefully review the terms and conditions as well as the privacy policies of these third parties, as they will govern your use of the Third Party Services once you access them through our Services.
We do not provide any warranties, endorsements, guarantees, or assume responsibility for these Third Party Services, including any injuries, losses, or damages incurred as a result of your use of Third Party Services accessed through our Services.
5. WARRANTIES and REPRESENTATIONS
You agree and guarantee that you will not, either directly or indirectly, engage in the following actions, or authorize or encourage others to do so:
(i) modify, alter, edit, amend, bypass, reorder, or change any aspect of the Product;
(ii) interfere with or disable security features of the Product, or otherwise impair or degrade its performance;
(iii) access the Product using any automated or malicious means, including scraping, crawling, data-mining, or employing any robot or spider;
(iv) copy, sell, lease, share, sublicense, distribute, commercially exploit, or make the Product available to others without the granted license to use the Extension, or any other action that facilitates such exploitation;
(v) make copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent, or hack the Product, or attempt to derive its source code;
(vi) use the Product in a fraudulent, unlawful, harmful, irresponsible, or inappropriate manner;
(vii) assert any proprietary rights in or to the Product, materials, or any element, derivation, adaptation, variation, or name thereof, or remove, obscure, or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by third parties;
(viii) violate any term of this EULA through your use of the Product.
ANY UNAUTHORIZED USE OF THE PRODUCT IS STRICTLY PROHIBITED AND MAY, AT THE SOLE DISCRETION OF THE COMPANY, RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE EXTENSION, AS WELL AS POTENTIAL CIVIL AND CRIMINAL LIABILITY.
6. DISCLAIMER OF WARRANTIES
Except as expressly provided in this EULA, the Product and Services are provided by the Company on an “as is” and “as available” basis without any warranties, whether express or implied. This includes, but is not limited to, representations, warranties, and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from statutory provisions or a course of dealing or usage of trade. The Company does not guarantee that the Product will operate without errors, nor does it warrant that the Product is free from viruses or other harmful code. Additionally, the Company does not guarantee that any errors in the Product will be corrected. You acknowledge and agree that the Company shall not be held responsible for any consequences that may arise from technical issues. We do not make any representations or warranties regarding the availability of the Product for use in any specific location or at any particular time. Your use of the Product is at your own risk and responsibility. It is important to note that the Company is not liable or responsible for any Third Party Services. Certain jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you according to applicable law.
7. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, COLLECTIVELY REFERRED TO AS “COMPANY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD-PARTY LICENSORS, OR SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES DAMAGES FOR LOST PROFITS, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR DAMAGES TO EQUIPMENT, ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF THE COMPANY OR ANY REPRESENTATIVE ON THEIR BEHALF, INCLUDING RELEVANT THIRD PARTIES, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT’S IMPORTANT TO NOTE THAT THIS LIMITATION OF LIABILITY DOES NOT AFFECT THE COMPANY’S LIABILITY FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY GROUP (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR YOUR USE OF THE EXTENSION AND SERVICES, OR TEN DOLLARS ($10), WHICHEVER AMOUNT IS LESS.
UPDATES AND UPGRADES
Media Arena reserves the right, at its sole discretion, to implement updates, upgrades, or other revisions to the Product and Services without providing prior notice. Media Arena shall not be held liable for any damages or consequences resulting from such changes, as outlined above. Additionally, after installing the Product, it will establish communication with our servers to facilitate the automatic download and installation of updates whenever a new version of the Product is released. By using the Product, you agree to the automatic download and installation of these updates. It is important to note, however, that we are not obligated to provide upgrades or updates, notwithstanding the aforementioned provisions.
8. TERM AND TERMINATION
This EULA will be effective from the moment you install the Product. You have the option to stop using the Product at any time. To uninstall the Product, please follow the standard uninstallation process provided in your browser’s settings. For more specific information, refer to the applicable instructions for Google Chrome, Mozilla Firefox, or Internet Explorer.
The Company reserves the right to terminate this EULA, discontinue, or terminate the Services at any time, without prior notice, and for any reason or no reason at all. The Company shall not be held liable to you or any third party for any of these actions. The Company assumes no responsibility in relation to the termination, as described above. The license granted to you will automatically terminate if you fail to comply with the terms of this EULA.
You agree to indemnify, defend, and hold the Company, its affiliates, officers, directors, shareholders, and representatives harmless from any and all demands, judgments, awards, losses, damages, expenses, claims, and liabilities, including reasonable attorney’s fees, incurred by the Company due to or arising from your breach of the terms outlined in this EULA.
10. JURISDICTION AND DISPUTE RESOLUTION
This EULA will be interpreted, construed, and enforced in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law. In the event of any claim, controversy, or dispute arising under, related to, or in connection with this EULA and the Product, both you and the Company agree to initially make reasonable efforts to resolve the dispute through informal procedures. If the dispute cannot be resolved through such informal procedures, both you and the Company agree that any dispute will be exclusively resolved in the competent courts located in Tel Aviv, Israel. Any claim related to the Product must be filed within twelve (12) months from the date of the relevant incident and will be permanently barred thereafter.
Entire agreement: This EULA constitutes the entire agreement between the parties regarding the use of the Product. If any part of this EULA is found to be void or unenforceable, it will not affect the validity of the remaining provisions, which shall remain valid and enforceable.
Relationship of the parties: This EULA does not create or intend to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between the parties.
Assignment: You are not permitted to assign or transfer this EULA, or any rights or obligations herein, by operation of law or otherwise. However, the Company reserves the right to assign or transfer this EULA and delegate its obligations under this EULA at its sole discretion.
Waiver: The failure of the Company to enforce any provision of this EULA in the event of a breach by you or others does not waive the Company’s right to enforce that provision or take action in response to subsequent or similar breaches.
Force majeure: The Company shall not be considered in breach of this EULA if it is unable to provide the Product or any part thereof due to circumstances beyond its control, including but not limited to earthquakes, labor disputes, shortages, riots, insurrection, fires, floods, storms, explosions, internet outages, acts of God, or compliance with any law, order, or regulation issued by a governmental authority.
12. CONTACT US
Media Arena Ltd
+1 (888) 319-2022