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Terms of Use

Last Revised: May, 2020

These Terms of Use govern your use of our installer and the software or browser extension offered to be installed (respectively "Product" and "software or browser extension" and constitutes a legally binding agreement between you ("user" or "you") and us Sherlock Tech Ltd ("we", "us" or "our").

ACCEPTANCE OF THE TERMS: please read these Terms of Use carefully before using the Product and installing the Software. By using the Product, installing or using the Software you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You further acknowledge that these Terms of Use constitute a binding and enforceable legal contract between us and you. If you do not agree with these Terms of Use or any part hereof, or if applicable law prohibits your acceptance of ay of the terms herein, you may not use our Product and Software.

AMENDMENTS

We may amend the terms of these Terms of Use from time to time, and without any notice. We will make best efforts to provide a notification regarding what we believe are material changes of these Terms of Use, at our sole discretion. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms of Use are effective as of the stated “Last Revised” date and your continued use of the Product and software or browser extension following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

SCOPE OF SERVICES

Our Product performs as well as optimizes the installation of the software or browser extension developed, published by us or licensed to us.

Please be aware that the software or browser extension may change your default search feed provider, home page or computer repair software or browser extension, etc.

You are entitled to accept or decline any of the software or browser extensions offered through the Product and may decide to cancel the installation of software or browser extension.

The software or browser extension will be installed solely upon your consent. By clicking the applicable consent button, you grant us permission to install the software or browser extension on your device, which may include additional software or browser extension required to execute such software or browser extension, as determined by us.

You may stop the Product’s operation (i.e., the installation of the software or browser extension) with the designated button, however, we may disable your ability to stop the installation in certain stages. Please be aware that stopping the installation process in certain stages, not through the designated button may result in damage to your device, for which we shall not be responsible or liable in any manner. Furthermore, installation that was initiated but was stopped or interrupted prior to completion, may cause residual data or software or browser extension remaining on your device which can be removed manually, including a desktop application to continue installation from interruption.

Please be aware that the Product may include links to third party services and/or the third party services/ software/ browser extension. The install and use of these third parties’ services or software or browser extensions are governed by their terms and conditions and policies, and we advise you to carefully review them.

We do not endorse, warrant, guarantee or responsible for any third party service and software or browser extension, even in the event third parties who offer products or services through the Product or software or browser extension. We do not guarantee the access to, or viewing of any particular third party services. We do not monitor or control any third-party services or software or browser extension, and will not be responsible or liable for any injury, loss or damage of any sort incurred as the result of use of or access to any third party services or software or browser extension.

LICENSE GRANT AND INTELLECTUAL PROPERTY RIGHTS

Subject to your compliance with this Terms of Use, we hereby grant you a personal, limited, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to use the Product and install and use the software or browser extension, subject to your lawful, personal and non-commercial use. Your license hereunder is limited to the above, and thus, you may not allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part.

You acknowledge that all right and interest in the Product’s and software or browser extension’s trademarks, service marks, components, code, protocols, software or browser extension and documentation as well as any derivatives thereof or improvements and modifications, evidenced by or embodied in or attached, connected, related to the Product or software or browser extension, are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Product and software or browser extension. Except as expressly granted herein, we retain all right, title and interest in and to our Product and software or browser extension.

We reserve the right to disable access to the Product or software or browser extension by anyone who uses them to infringe intellectual property rights.

REPRESENTATIONS, WARRANTIES AND RESTRICTIONS OF USE

You represent and warrant that:
  • you are eligible to enter into these Terms of Use;
  • you have all proper authorization, if you are acting on behalf of a corporation or any third party, to engage in these Terms of Use.
  • you are of legal competence to enter into these Terms of Use and you are at least sixteen (16) years.
  • you are either the owner or an authorized user of the device in which the software or browser extension is installed.
  • you will install software or browser extension and use the Product only in accordance with our instructions.
  • you will use the Product and software or browser extension in full compliance with all applicable laws, rules and regulations.

Except as expressly provided under these Terms of Use, you may not, nor may not enable anyone else to, directly or indirectly:

  • copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Product and software or browser extension or any portion thereof including any source code therein;
  • circumvent, disable or otherwise interfere with security of the Product and software or browser extension, or interfere with others’ use of the Product or software or browser extension;
  • use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Product or software or browser extension, or to manipulate Product or software or browser extension in any manner;
  • remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights;
  • use our name, logo or trademarks without its prior written approval; or
  • use the Product or software or browser extension for any fraudulent or illegal purpose, or in breach of the terms of these Terms of Use.
  • copy, sell, lease, share, sublicense or distribute the Product or software or browser extension and the license to use the Product and software or browser extension granted herein, or otherwise commercially exploit the Product and software or browser extension;
  • attempt to derive the source code of the Product or software or browser extension;

UPDATES AND CHANGES TO THE PRODUCT AND SOFTWARE OR BROWSER EXTENSION

We may, from time to time at our discretion, change, modify, add or remove features and functionality of the Product and software or browser extension. Such changes will not be subject to a notice.

In addition, we reserve the right to discontinue some or all of the features of the Product and software or browser extension at any time at our sole discretion (including the provision of any updates, upgrades or fixes). We are under no obligation to provide you with any features, functionality, upgrades or bug fixes. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Product or software or browser extension, or any portion thereof. If you are dissatisfied with the Product or software or browser extension, your sole option is to discontinue and terminate your use.

DISCLAIMER OF WARRANTY

EXCEPT AS PROVIDED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE PRODUCT AND software or browser extension, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PRODUCT AND software or browser extension ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF AND RELIANCE ON THE PRODUCT AND software or browser extension OR ANY INFORMATION OR FEATURE PROVIDED THEREIN ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE PRODUCT AND software or browser extension. WE MAKE NO WARRANTY THAT THE PRODUCT AND software or browser extension WILL BE AVAILABLE ON A CONTINUOUS BASIS, SECURED, FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR PROGRAM LIMITATIONS. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WE (INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO THE PRODUCT OR software or browser extension OR YOUR USE OR INABILITY TO USE THE PRODUCT OR software or browser extension. OUR LIABILITY SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE, OR TEN US DOLLARS (10$), THE LESSER. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your violation and/or breach of any term of these Terms of Use; and (ii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Product or software or browser extension (including your violation of any third party rights).

TERMINATION

We may terminate your access to Product or software or browser extension at any time, with or without cause and with or without notice, effective immediately.

Any termination may result in the destruction of all information and data associated with your use of the Product or software or browser extension. Upon termination, all licenses and other rights granted to you under these Terms of Use will immediately cease. We are not liable to you or any third party for termination of the operation of the Product and software or browser extension. The provisions of these Terms of Use, which by their nature should survive any such action on our part, shall survive.

PRIVACY POLICY

By using the Product and software or browser extension, you enable us or third parties to access, use, and collect information related to your use of the Extension Services. Our practices concerning the collection, use and disclosure of your information are addressed in our Extension Privacy Policy, which is an integral part of this Extension EULA and incorporated herein by reference. We encourage you to periodically review our Extension Privacy Policy.

MISCELLANEOUS

These Terms of Use, constitutes the entire understanding between the parties with respect to the use of the Product and software or browser extension.

These Terms of Use and any dispute relating to the Product and software or browser extension shall be governed by the laws of the State of Israel, without regard to the conflicts of laws principles thereof. You hereby submit to the exclusive jurisdiction and venue of the applicable court in Tel Aviv, Israel.

If any provision of this these Terms of Use is held to be void, invalid or inoperative, the remaining provisions of these Terms of Use shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.

Neither course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.

No failure or omission by us in the performance of any obligation under these Terms of Use shall be deemed a breach nor create any liability if the same shall arise from any cause or causes beyond our reasonable control, including but not limited to the following: acts of God, acts or omissions of any government or any officer, department, agency or instrument thereof; fire, storm, flood, earthquake, accident, acts of the public enemy, war, rebellion, failure of telecommunication services, public utilities, or an internet brownout, insurrection, riot, invasion, strikes, or lockouts.

We may assign our rights under these Terms of Use to any third party at our sole discretion.

CONTACT INFORMATION

If you have any questions please contact us at: + 1 (844) 326-7230

support@sherlocktechltd.com