This End-User License Agreement (the “EULA”) is a legal agreement between You, either as an individual, company or other legal entity (hereinafter “You”) and us, BLST Security Ltd. (hereinafter “Company”), which governs any use of Cherrybomb software, including any revisions, modifications, enhancements, updates and/or upgrades thereto (hereinafter “Software”) supplied by the Company are and shall be, unless you and the company have executed a separate agreement in writing, signed by both you and the company which expressly supersedes this agreement.
Definition of The Software: The “Software” is proprietary software provided to you in binary executable form for the regular and standard purposes the Software was designed for, all in accordance with the terms set forth in this Agreement. The term “Software” includes the Software and its binary code, compilation of data, or visual display resulting from the operation of the Software, and any associated materials, equipment, systems, specifications and documentation.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
The Company reserves all other rights, unless applicable law gives You more rights despite this limitation, You may use the software only as expressly permitted in this EULA. In doing so, You must comply with any technical limitations in the software that only allow You to use it in certain ways. You may not:
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND THE DOCUMENTATIONS ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE’S OPERATION WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS.
TO THE EXTENT ALLOWED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES, ALL IMPLIED WARRANTIES, AND ALL CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, NON-INTERFERENCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK.
BE ADVISED THAT SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (A) THE COMPANY AND/OR LICENSORS SHALL NOT BE LIABLE WHETHER UNDER CONTRACT, TORT OR OTHERWISE, TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION), SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO THE INSTALLATION OF THE SOFTWARE AND/OR ANY USE OF OR INABILITY TO USE THE, EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS EULA FROM ALL CLAIMS OR CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED USD$ 100.00.
THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. WITHOUT DEROGATING FROM THE FOREGOING, WITH RESPECT TO YOUR USE OF THE SOFTWARE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE WHETHER UNDER CONTRACT, TORT OR OTHERWISE, TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
This EULA is effective upon downloading, installing, operating or otherwise using the Software.
This EULA will remain in force until the earlier between (a) you ceasing making use of the Software or (b) until terminated in accordance with this EULA.
The Company may terminate this EULA immediately without notice if you fail to comply or breach any provision of this EULA.
Upon termination of this EULA:
(i) the license granted to you in this EULA shall expire and you, upon termination, shall discontinue all further use of the Software;
(ii) you shall promptly remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. Upon the Company’s request you shall within three (3) days certify destruction of, all full or partial copies of the Software, documentation and related materials provided to you by the Company or on its behalf; and
Sections and 4-5 and sections 7-10 shall survive any termination of this EULA.
This EULA shall be construed and governed in accordance with the laws of the State of Israel (except for conflict of law provisions) and the competent courts of the city of Tel-Aviv, Israel shall have exclusive jurisdiction in any conflict or dispute arising out of this EULA.
The Company may, at its sole discretion, change the terms contained herein by providing you a written notice. The failure of either party to enforce any rights granted hereunder or to act against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
You may not assign your rights or obligations under this EULA without the prior written consent of the Company. The Company may assign or transfer its rights and/or obligations under this EULA without restriction or notification.NOTICE.
All notices required or authorized under this EULA shall be given via e-mail, and shall be effective when received by the Company, at: firstname.lastname@example.org, or such other address as may be specified by the Company in writing.