Last Modified: May, 2020
This Search App End User License Agreement (“EULA” or “Agreement”) is a legal agreement between you (“you” or “user”), and Bony Innovation (“Company”, “us” or “we”), which is the legal owner of the various browser add on extensions or other search software (“Search App”) created, developed or otherwise licensed to the Company. This Agreement provides the terms and conditions by which you may use the Search App, including any associated features.
BY INSTALLING AND USING THE SEARCH APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THIS AGREEMENT. YOU EXPLICITLY AGREE TO USE THE SEARCH APP CONSISTENT WITH THE TERMS OF THIS AGREEMENT. YOU FURTHER AGREE TO FULLY COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE SEARCH APP. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY PROVISION HEREIN DO NOT INSTALL OR OTHERWISE USE IN THE APP SEARCH IN ANY MANNER WHATSOEVER, AND UNINSTALL WHERE APPLICABLE.
SEARCH APP SERVICES
The Search App is intended to provide you with enhancing search features. The Search App may, once installed, change your browsers' search settings and new tab setting, as well as other features that may be provided by the Search APP. The Search App may further provide a direct web search, as well as other enhancing features. Please note that the performance of our Search App will include relevant advertisements based on your searches (“Services”).
GRANT OF LICENSE
Under this Agreement, you are hereby granted with a limited, non-exclusive, non-transferable, non-sub-licensable and revocable license, to download and use the Search App ("License") you hereby acknowledge that that the License is granted to you subject to compliance with the provisions herein and solely for your non-commercial, personal use and purposes. The Company does not grant you any other rights whatsoever in relation to the Search App. All other rights are expressly reserved by the Company.
Any and all intellectual property rights, title and interest of any kind in and to the Search App, including, without limitations, trade names, trademarks, logos and any and all modifications, upgrades, derivative works, know-how, technology methods, ideas and inventions, rights in software and computer code (whether in source code, object code or any other form) and all applications and registrations, are and shall remain the exclusive property of the Company and its licensors.
THIRD PARTY CONTENT
Third parties’ content (“Third Party Content”), websites, webpages, etc. (for example, advertisement and search results) which are not under our control or responsibility will be included as part of the Search App Services and features. We advise you, and it is your obligation, to review the applicable Third-Party Content’s terms and policies as they will govern you use once you are linked to Third Party Content.
We do not provide with any warranty, or guarantee with regards to the Third-Party Content and we shall not be responsible for the Third-Party Content. The inclusion of such Third-Party Content in the Search App and Services shall not be considered as endorsement on our behalf.
YOUR REPRESENTATIONS AND WARRANTIES
By using our Search App, you represent and warrant that you will not:
- modify, change, edit, = alter nor bypass any feature of the Search App;
- circumvent, interfere or disable the security features of the Search App or degrade its performance in any way;
- use any malicious codes or automated means, including scraping, crawling, or any robot, spider etc., when accessing the Search App;
- copy, sell, lease, sublicense, share or distribute the Search App and the License granted herein, or otherwise commercially exploit the Search App and Services;
- modify, adapt, disassemble, translate, decompile, reverse engineer, make any copies of, circumvent or hack the Search App, or attempt to derive its source code;
- use the Search App in any fraudulent, unlawful, or harmful, manner;
- assert any proprietary rights in or to the Search App, or any feature or content therein, nor remove, obscure or alter any notices of proprietary rights;
- use the Search App in any way that violates any term of this Agreement.
PLEASE NOTE THAT ANY USE OF THE SEARCH APP IN BREACH OF THIS AGREEMENT MAY RESULT, AT COMPANY'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS AND USE OF THE SEARCH APP, AS WELL AS RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.
THE SEARCH APP AND SERVICES ARE PROVIDED BY THE US "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, OR WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SEARCH APP IS OR WILL BE FREE OF VIRUSES OR HARMFUL CODE NOR THAT THE SEARCH APP WILL BE ERROR-FREE, OR THAT WE WILL CORRECT ANY ERRORS. THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS. WE MAKE NO REPRESENTATION OR WARRANTIES THAT THE SEARCH APP IS OR WILL BE AVAILABLE FOR USE IN ANY SPECIFIC LOCATION OR TIME. YOUR USE OF THE SEARCH APP IS AT YOUR OWN RISK AND RESPONSIBILITY. FURTHERMORE, THE COMPANY IS NOT RESPONSIBLE OR LIABLE TO ANY THIRD-PARTY CONTENT.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATIONS,LOST OF PROFITS OR DATA, OR DAMAGES TO EQUIPMENT, ARISING OUT OF THE USE OR INABILITY TO USE THE SEARCH APP EVEN IF THE COMPANY OR ANYONE ON ITS BEHALF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR ALL EXCEED THE ACTUAL PRICE PAID BY YOU FOR YOUR USE OF THE SEARCH APP AND SERVICES OR TEN DOLLARS (10$), WHICHEVER IS LESS.
UPDATES AND UPGRADES OF THE SEARCH APP
We reserve the right to update, upgrade or perform other revisions to the Search App and Services. Such updates will not require us to provide you with any notice (prior or otherwise). We shall not be liable for any damages or other effect resulting from any changes, as detailed above. By installing the Search App you approve the downloading and installation of automatic updates of our Search App. Notwithstanding the above, we have no obligation to provide upgrades or updates.
TERM AND TERMINATION
At any time, each party may terminate this Agreement, which shall be in effect as of the date in which you install the Search App. You may uninstall the Search App, by using the standard uninstall procedure through your browser’s settings.
Upon termination of this Agreement the License shall be automatically terminated as well. The Company may cease the operation of the Search App and Services at any time. The Company shall not be liable to you or any third party for any of the foregoing.
You will indemnify, defend and hold the Company harmless, as well as its respective affiliates, officers, directors, shareholders, or representatives from any and all losses, claims, demands, judgments, damages, expenses, liabilities, and all related costs, including reasonable attorney’s fees incurred by the Company as a result of or arising out of your breach of this Agreement. You will indemnify, defend and hold the Company harmless, as well as its respective affiliates, officers, directors, shareholders, or representatives from any and all losses, claims, demands, judgments, damages, expenses, liabilities, and all related costs, including reasonable attorney’s fees incurred by the Company as a result of or arising out of your breach of this Agreement.
AMENDMENTS OF THIS AGREEMENT
This Agreement may be amended or revised from time to time at the Company’s sole discretion; the date of the most updated Agreement shall be indicated in the "Last Modified" date. Please note that we do not guarantee to provide you with a notification upon performing amendments to this Agreement. The changes and revisions to this Agreement shall be effective upon the publication of the revised Agreement, and your continuous use shall be considered as your acceptance of the revised Agreement, so please make sure to review this Agreement from time to time. .
Jurisdiction & Dispute Resolution: this Agreement shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of law. Any claim, controversy, or dispute arising under, related to, or otherwise in connection with this Agreement, the Search App and Services, will be exclusively resolved in the competent courts located in Tel Aviv, Israel. The limitation regarding any claim to the Search App shall be limited to twelve (12) months as of the applicable claim, and will be permanently barred afterwards. Entire agreement: this Agreement and any amendments, shall constitute the entire understanding between the parties with respect to the Search App and Services. If any part of this Agreement is later decided to be unenforceable or void, it will not affect the validity of the remaining provision of this Agreement, which shall remain valid and enforceable. Assignment: you may not assign or transfer this Agreement, the License, or any right or obligation herein. The Company expressly reserves the right, at its sole discretion, to assign this Agreement and to delegate any of its obligations detailed herein. Force majeure: the Company shall not be deemed in breach of this Agreement if the Company is unable to provide the Search App, Services or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, internet outages, global pandemic or any act of god or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control Waiver: Company's failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.
COMPANY’S CONTACT INFORMATION
+ 1 (833) 237-8281