SpeedOptimizer License Agreement
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY INSTALLING OR USING THIS
PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
THIS VERSION OF SpeedOptimizer AND ANY OTHER SOFTWARE, UPGRADES OR UPDATES
AND RELATED MATERIALS (THE "PRODUCT") ARE LICENSED TO YOU BY
SPEEDBIT LTD. ("SPEEDBIT") SUBJECT TO THE TERMS AND CONDITIONS
OF THIS LICENSE AGREEMENT (THE "AGREEMENT") AND TO APPLICABLE
ADDITIONAL OR SEPARATE TERMS AND CONDITIONS WHICH ARE AVAILABLE IN CONJUNCTION
WITH THE PURCHASE OF OR REGISTRATION FOR SUCH PRODUCT OR TRIAL, AS WELL
AS POSTED IN OTHER WAYS SUCH AS: THROUGH THE PRODUCT WEBSITE AT –
HTTP://WWW.SPEEDOPTIMIZER.COM. BY CLICKING THE "I ACCEPT" BUTTON,
INSTALLING OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT
INSTALL OR USE THE PRODUCT AND IMMEDIATELY DELETE ANY COPY OF IT FROM
ALL STORAGE MEDIA.
SPEEDBIT RESERVES THE RIGHT TO REVISE THE TERMS OF THIS AGREEMENT AT ANY
TIME, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE. SPEEDBIT WILL
POST THE LATEST VERSION OF THE LICENSE AGREEMENT AT: http://www.speedoptimizer.com/Legal/speedoptimizerlicense.asp.
AT ALL TIMES, THE LATEST VERSION OF THE LICENSE AGREEMENT WHICH IS PUBLISHED
ON THE ABOVE LINK SHALL BE BINDING AND SUPERSEDE ANY OTHER VERSION.
CHILDREN UNDER THE AGE OF 13 ARE NOT ELIGIBLE TO USE THE PRODUCT, AND
WE ASK THAT MINORS NOT SUBMIT ANY PERSONAL INFORMATION TO US. IF YOU ARE
UNDER 13 YEARS OLD PLEASE DO NOT USE OUR PRODUCT.
The Product is licensed to you on an As-Is basis, subject to the terms
and conditions of this Agreement, for your personal, non-commercial use
only. Other than the rights expressly granted to you hereunder, no other
right is granted to you. Without limiting the foregoing, you may not:
(a) modify or create any derivative works of the Product or documentation;
(b) decompile, disassemble, reverse engineer, or otherwise attempt to
derive the source code for the Product; or (c) redistribute, encumber,
sell, rent, lease, sublicense, or otherwise transfer rights to the Product
without a prior written permission of SpeedBit.
SpeedBit retains sole and exclusive ownership of all rights, title and
interests in the Product and all intellectual property rights relating
thereto. This section shall survive termination and expiration of this
Agreement and shall remain in full force and effect thereafter.
You hereby undertake to comply with any legal obligations, including but
not limited to, obligations imposed by copyright, trademarks, patent,
secrecy, defamation, decency, privacy and export laws. You agree to indemnify
Speedbit and its officers, employees, agents and representatives, and
to hold them harmless, from any and all losses, claims and liabilities
(including attorneys fees), which may arise from your illegal, unauthorized
or abusive use.
Paid Product and Trial Version
The Product may be offered for trial period ("Trial Version")
after which you can use only the paid version of the Product ("Paid
Product"). If you choose not to purchase the Paid Product, following
the trial period, you should uninstall the Product, and delete any copy
thereof from any and all storage media, and your original system settings
will be restored.
The use of a Paid Product, and/or a Trial Version, is subject to the
specifications, features, scope, duration of such Paid Product or Trial
Version and to additional or separate terms and conditions applicable
to such Product or Trial, which are available in conjunction with the
purchase of or registration for such Product or Trial, as well as posted
in other ways such as: through the Product website at – http://www.speedoptimizer.com
("Web Site"), through email, through pop-up announcements ("Trial
Version Terms" or "Paid Product Terms").
All such terms and conditions are hereby incorporated by reference into
The Product may require additional registration codes, passwords, or identification
numbers ("Code"). Speedbit shall issue you a unique Code during
the registration process. The Code shall enable the use of the Product,
and shall correspond to a single designated computer on which your Product
is installed. Please note that various technological measures may be used
by Speedbit to protect Speedbit's intellectual property rights, prevent
the unauthorized use of the Product, and for security purposes. You hereby
agree to such measures, as shall apply to the Product from time to time.
You will bear the sole responsibility for (1) maintaining the strict confidentiality
of any Code assigned to you (2) any charges, damages, or losses that may
be incurred or suffered as a result of your failure to maintain the strict
confidentiality of your Code. Speedbit shall not be liable for any harm
related to the theft of your Code, any disclosure of your Code, or your
authorization to allow another person or entity to access and use the
Product or Service using your Code. You agree to immediately notify Speedbit
of any unauthorized use of your Code.
Fees and Payments
If you purchased or registered to use a Paid Product, you shall pay SpeedBit
the applicable fee posted by SpeedBit subject to the payment terms and
Paid Product Terms set therein. All fees and payments hereunder are exclusive
of taxes, duties, levies, V.A.T and other charges. SpeedBit exercises
no control over these charges and cannot predict what they may be. You
are exclusively responsible for determining which additional charges apply
to your transactions and for covering any such applicable duties. SpeedBit
may, at its sole discretion change the applicable fees and/or terms and/or
Paid Product Terms at any time.
In order to provide greater user and consumer experience, to enable the
operation of the Product, for the development and improvement of products
and other services and in order to provide targeted advertising, marketing,
co-registration to other services and products (by Speedbit or other parties);
For the above mentioned purposes SpeedBit may ask you to voluntarily provide
contact details and other personally identifiable information (such as
username, email address, country and zip-code), and demographic information
(like age, occupation or gender).
Such personally identifiable information may be submitted by you voluntarily,
either through forms which you have to fill–in, or through forms
that are automatically filled-in by the Product or web site, which you
can further correct, modify or delete before you choose to submit.
Furthermore, for the above mentioned purposes, SpeedBit may gather a
non-personally identifiable information, such as: usage pattern, and registration
parameters provided by you, the Product, and system configuration, your
IP address and other network information.
Speedbit may use all the information listed above, and may share it with
its business partners, licensees and affiliates for the above-mentioned
purposes, provided that if shared and/or published, it is done only on
an aggregated and anonymous basis, in a non-personally identifiable manner.
The various advertisement and offers may be presented to you through the
Product, email communication, pop-up announcements or the Web Site in
accordance with the guidelines listed above.
Credit Card Information and other standard payment and billing information
submitted during the purchase of the Product is collected for the purpose
of enabling routine processing of all kinds of payments, ongoing and future
transactions in the secured manner detailed hereunder. Except as necessary
for said purpose, Speedbit does not share credit history or credit card
information with other companies or third parties, unless compelled to
do so by law or court order.
Credit card information and other identifying information submitted during
the purchase of Product is collected on a secure site using secure socket
layer encryption, and is verified by organizations such as VeriSign™.
Speedbit cannot, however, guarantee that the measures in place are (or
will remain) adequate.
Please note that that during the purchase of Product Speedbit may use
"cookies" for the purpose of enabling the completion and integrity
of the purchasing process. You may disable such cookies at any time. However,
Speedbit may not be able to fully process your purchase if you decline
to accept cookies.
This Agreement does not cover the information practices exercised by other
providers of products or services, advertisers, or other websites, which
are linked to the Product or Services. Furthermore, if you acquired or
purchased the Product or Services other than through SpeedBit's web site,
your personal information may be subject to different privacy practices
exercised by other providers. SpeedBit is not responsible for the privacy
practices exercised by any such providers. Please consult the privacy
statement of these providers to learn more about their privacy practices.
Correction/Deletion of your personally identifiable information from our
database - If at any time you desire to access, correct, update or delete
your personally identifiable information contained in our databases, you
should follow the hereunder procedure: Please notify us, to the following
e-mail address: email@example.com,
that you wish to correct, update or delete your personally identifiable
information contained at our databases, and we will follow your instructions.
Please note that we will be able to correct, update or delete personally
identifiable information attached to the e-mail address you provided us.
Therefore, if you had provided us, over time, with more than one e-mail
address, you should send us a separate request from each of the e-mail
addresses under which the information you wish to correct, update or delete
had been submitted.
If you wish to remove your information from SpeedBit email mailing lists
and stop receiving future email communications from SpeedBit you may unsubscribe
by an email to: firstname.lastname@example.org.
You hereby explicitly agree to the collection and use of the said information
by Speedbit or its business partners as stated hereunder. If you do not
agree to the collection and use of your personal information as stated
above you must completely uninstall the Product and delete the Product
from all storage media. Please note that, completely uninstalling the
Product will not prevent Speedbit from using the information that has
Speedbit to avoid using your personally identifiable information already
collected, please use the correction/deletion procedure detailed above.
Term and Termination
This Agreement shall commence upon the earlier of: (i) your use or installing
of the Paid Product or Trial version; or (ii) your clicking the "I
Accept" button. Either party may terminate this Agreement at any
time by giving written notice. SpeedBit's notice may be delivered to you
either by email or by the posting of such termination notice on the Web
Site. Your written notice should be delivered to Speedbit by email to
the following email address: email@example.com.
Termination notice may be given provided that SpeedBit will not terminate
a license to use a Paid Product except as described in this section hereunder,
and that if you are terminating a license for a Paid Product you will
not be entitled to a refund of the License Fee.
Without prejudice to any other rights, SpeedBit may terminate this Agreement
and/or limit or revoke access to any Trial version or Paid Product at
any time, with immediate effect, and without penalty, if you fail to comply
with the terms of this Agreement. Upon termination of this Agreement for
any reason, the license shall immediately expire and you should uninstall
the Product and delete any copy thereof from all storage media.
Amendment of Product
SpeedBit reserves the right to limit, disable, eliminate or cancel some
or all of the functionality of the Product, discontinue the release and
support of any version of the Product and/or support of different systems
configuration then those which are currently supported and/or to revise
the Product so it provides different features, features in different combinations.
Disclaimer of Warranty
SPEEDBIT EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE PRODUCT
OR ANY INFORMATION DELIEVERED OR SENT BY SPEEDBIT OR ANY THIRD PARTY THROUGH
THE PRODUCT. THE PRODUCT IS PROVIDED "AS-IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE
OF THE PRODUCT IS BORNE BY YOU. THIS PRODUCT IS NOT FAULT TOLERANT AND
SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY
EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT FOR ANY APPLICATIONS
THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL
APPLICATIONS. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE
INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY
MEETS YOUR REQUIREMENTS. SPEEDBIT DOES NOT WARRANT OR GUARANTEE THAT THE
FUNCTIONS PERFORMED BY THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT,
ADVERTISMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE PRODUCT WILL
BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE
PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED
OBJECTIONABLE BY SOME INDIVIDUALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM WILL BE THOROUGHLY
TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT, AND A GOOD BACKUP
OF SYSTEM SETTINGS AND DATA IS DONE PRIOR TO RUNNING THE APPLICATION (ESPECIALLY
A BACKUP OF THE SYSTEM REGISTRY). THE USER MUST ASSUME THE ENTIRE RISK
OF USING THIS PROGRAM.
Limitation of Liability
IN NO EVENT WILL SPEEDBIT BE LIABLE FOR ANY INDIRECT, 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 OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY
TO UTILIZE OR IMPROPER USE OF THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF
SPEEDBIT FOR ANY DIRECT DAMAGES SHALL BE THE REPLACEMENT OF THE PRODUCT.
IN THE EVENT SUCH REMEDY IS NOT FEASIBLE Speedbit's LIABILITY SHALL NOT
EXCEED FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT.
SpeedBit may, at its sole discretion, offer language packs to enable speakers
of languages other than English to use their native languages in the Product.
SpeedBit does not and cannot guarantee that the language packs will be
available in any languages other than those actually made available by
SpeedBit. To avoid any doubt, you explicitly agree that the English version
(including the license agreement relating thereto) will prevail in any
matter related to the Product.
(a) This Agreement constitutes the entire agreement between the parties
concerning the subject matter hereof. (b) Except to the extent applicable
law, if any, provides otherwise, this Agreement shall be governed by the
laws of the State of Israel without giving effect to any principles of
conflicts of laws thereof, and the eligible courts of Haifa shall have
exclusive jurisdiction over all disputes between the parties; This Agreement
will not be governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is expressly
excluded. (c) You may not assign or otherwise transfer by operation of
law or otherwise this Agreement or any rights or obligations herein. (d)
If any part of this Agreement is found void and unenforceable, it will
not affect the validity of the balance of the Agreement, which shall remain
valid and enforceable according to its terms.
Date: 30 July, 2007