License Agreement (EULA)
What is the EULA for Fixico?
The following License Agreement have been republished from www.fixico.com/Public/terms and/or the program's installer.
When you use the Cloud IT-All Ltd's (the "Company") website, operating under the Fixico brand, or any other website operated by or on behalf of the Company (the "Website") and/or any services offered by the Company (the "Services") and/or the software through which the Company provides the Services (the "Software") this end user license agreement (the "Agreement") shall apply to such use.
By registering with the Company and/or by using the Website and/or Services and/or Software, you agree to be bound by this Agreement in its entirety and without reservation. This Agreement constitutes a binding legal document between you and the Company and this Agreement shall govern your use of the Website, Services and/or Software at all times.
If you do not agree to any of the provisions of this Agreement you should immediately stop using the Website and the Services.
The Company reserves the right to amend, modify, update and change any of the terms and conditions of this Agreement from time to time without the need to give you any notice of any such amendment, modification or change. Any modified version of this Agreement will take effect upon publication on the Website (unless stated otherwise by the Company) and your continued use of the Website and/or the Services and/or Software will be deemed to constitute your acceptance of the changes to this Agreement. It remains your responsibility to ensure that you are aware of the current terms and conditions of this Agreement and the Company advises you to check for updates on a regular basis.
No-one under the age of 18 or the age of legal consent for the use of the Website and/or the Services and/or the Software, whichever is higher ("Legally of Age"), may use the Website and/or the Services and/or the Software under any circumstances and any person not Legally of Age who uses the Website and/or the Services and/or the Software will be in breach of the terms of this Agreement. The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Website and/or the Services and/or the Software. The Company may cancel a person's account and exclude a person from using the Website and/or Services and/or the Software at its sole discretion if proof of age is not provided or if the Company suspects that a person using the Website and/or the Services and/or the Software is not Legally of Age.
Nature and Scope of Services
The Services are solutions for the management of your end point devices (including, but not limited to, laptops and personal computers) (the "Devices") in accordance with your specific requests as to the scope of services you wish the Company to provide you; such solutions are provided through the use of the Software, part of which is licensed from a third party.
When using the Website and/or the Services and/or the Software, you hereby authorize the Company to access Devices within your IT environment, or any other Device to which you request our Services to be applied to, make changes to the Devices and any software on these Devices, download the Software (or any other software) to these Devices and perform any activity in connection with the Services in relation to the Devices.
You hereby authorize the Company to perform any actions and tasks in respect of the Devices, as required in order for the Company to provide you with the Services. You shall not order the Services to be applied in respect of Devices to which you are not authorized to have the Services applied to, and by ordering the Services in respect of any Device you hereby represent and warrant to the Company that you are authorized to do so.
The Company reserves the right to suspend, modify, remove, terminate or add to the Website and/or the Services and/or the Software at its sole discretion with immediate effect and without notice. The Company shall not be liable for any loss suffered by you resulting from any such changes made and you shall have no claims against the Company in this regard.
The Company hereby grants you a non-exclusive, revocable, non-rentable, non-leasable, limited, non- assignable, non-sub-licensable, non-transferable license to use the Software and the Services, subject to the terms and conditions of this Agreement (the "License"). For the avoidance of doubt, you do not acquire any rights whatsoever in and to the Software, the Website, and/or the Services beyond the rights granted in accordance with this Agreement, and you may only use the same in complete accordance with this Agreement.
You may use the Software only in conjunction with the Services, and you shall not copy, modify or distribute the Software nor reverse assemble, reverse compile, reverse engineer or otherwise translate the Software.
In order to use the Services, you are required to complete a registration process and open an account with the Company as outlined in the Website. Within such process, you must fill in the obligatory fields in the registration form, as well as choose your password.
You hereby represent, warrant, acknowledge and undertake that the details you submit during the registration process are true and correct, and that you will update them immediately upon any change thereto.
You will cooperate with the Company and provide it with all requested documentation in a full, complete and truthful manner.
You shall be fully and solely responsible to reserve in confidentiality your password and not to transfer it to another. The full responsibility for an unauthorized use of your password lies solely with you, and you will bear, alone, all responsibility derived of an unauthorized use of your password. We take no responsibility for any third party access to your account and under no circumstances shall the Company be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account.
In addition, you must provide the Company with details of a valid payment means. You hereby represent, warrant, acknowledge and undertake that the method of payment (e.g. credit card) information you provided to the Company are of means of payment owned by you and in your name (or that the owner of the means of payment provided you with all required consent to use that means of payment for purchasing the Services, and you are acting within the confines of that consent) and were not stolen or reported as lost. The Company is not obligated in any form or manner to validate the consent granted to you by the owner of the means of payment which you use.
In this Agreement, "Intellectual Property" shall mean all intellectual property rights, whether registered or not, including patents (as well as continuations and re-issuances), copyrights, design rights, trademarks, trade names, utility models specifications, inventions, know how recognized under any applicable law including any applications therefor, and any other intellectual property right in or related to the Website, the Services and/or the Software.
The brand names relating to the Company and/or the Website and/or the Services, including but not limited to "Fixico" and any other trademarks, service marks and/or trade names used by the Company (the "Trade Marks") are the property of the Company and it reserves all rights to such Trade Marks.
The Company and its licensor reserves all of the Intellectual Property Rights in the Software, the Services and the Website and all other content, including but not limited to the images, pictures, graphics, photographs, animations, videos, music, audio and text available on the Website.
You do not gain any Intellectual Property Rights in or to the Software, the Services and the Website, save for the right to use the Software, Services and Website in accordance with the terms of this Agreement.
Without derogating from the above, if you make any modifications and/or derivative work in respect of the Services and/or Software, any such modifications and derivative works will be solely owned by the Company, and you will have no right or title in such modifications and derivative works. You agree to execute any document and provide any assistance required ensuring vesting full title and ownership of such modifications and derivative works in the Company.
Third Party's Links
The Website may include advertisements and links to other websites that advertise products and services offered by third parties; the Company does not endorse, warrant or guarantee the quality or appropriateness of the products or services available through these advertisements and/or links. The Company is not responsible for the products and services offered by such third parties, and disclaims any liability for such products and services.
The Company shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link contained on the Website. The Company is not responsible for the content contained on any internet site linked to or from the Website.
Your Representations and Warranties
You represent, warrant and acknowledge that:
You are Legally of Age, of sound mind and capable of taking responsibility for your own actions.
All details provided by you to the Company either during the registration process or at any time thereafter, are true, current and complete. You will promptly notify the Company of any changes to details previously provided by you to the Company. Should any of the information that you provide to the Company be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of this Agreement and the Company reserves the right to prevent you from using the Website and/or Services and/or Software, in addition to any other action that the Company may choose to take.
You shall use the Website and/or the Services and/or the Software in complete accordance with the terms and conditions of this Agreement, as amended from time to time.
You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Website and/or the Services and/or the Software.
You shall use the Website and/or the Services and/or the Software only in good faith towards the Company and any other third party. In the event that the Company deems that you have been using the Website and/or the Services and/or the Software in bad faith, the Company shall have the right to prevent you from using the Website and/or Services and/or the Software, in addition to any other action that the Company may choose to take.
You hereby agree to receive from the Company communications electronically, and waive any argument or claim you may have in respect of the form of communication (including, but not limited to, any legal requirement re written documents).
You have the right to implement the Services in respect of any and all of the Devices.
You will use the Software as provided by the Company, and will not attempt to dis-assemble the Software and attempt to use any portion of it in separation of the rest of the Software.
Any directions, suggested usage or guidance provided by the Website and/or Services and/or Software do not constitute legal, accounting or other professional advice, and you are cautioned to obtain your own legal or other expert counsel. You are solely responsible for ensuring that you and your activities, applications and systems comply with all applicable laws, regulations, standards and practices. Use of this Software and/or Services and/or Website does not guarantee compliance with any law, regulation, standard or practice.
The Software may contain cryptography. Transfer to, or use by, users of the Software may be prohibited or subject to export or import laws, regulations or policies. You assume all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Software.
THE WEBSITE, SERVICES, SOFTWARE AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT ARE PROVIDED "AS IS". THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE WEBSITE, SERVICES, SOFTWARE AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT, OR THAT THE USE OF THE SAME WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE WEBSITE, SERVICES, SOFTWARE AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT LIES WITH YOU.
THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, SOFTWARE AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, SOFTWARE, ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT, THE SERVER THAT MAKES THE, AVAILABLE OR ANY ELECTRONIC COMMUNICATION SENT BY THE COMPANY ARE FREE OF VIRUSES, ADWARE, MALWARE AND/OR OTHER HARMFUL CONTENT OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES, SOFTWARE AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT.
IN THE EVENT OF SYSTEMS OR COMMUNICATIONS FAILURES OR ERRORS, VIRUSES MALWARE OR OTHER HARMFUL CONTENT RELATING TO YOUR ACCOUNT, THE WEBSITE, SERVICES, SOFTWARE AND ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE (INCLUDING ANY DEVICE),, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU OR TO ANY OTHER THIRD PARTY.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE WEBSITE AND THROUGH WHICH THE SERVICES ARE PROVIDED.
THE LICENSOR OF A PORTION OF THE SOFTWARE EXPRESSLY DISCLAIM THE SAME WITH RESPECT TO THE SOFTWARE.
Limitations of Liability
You agree that you are free to choose whether to use the Website and/or the Services and/or the Software and do so at your sole option and discretion.
The Company shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third party's, use of the Website and/or the Services and/or Software, whether direct or indirect, including, without limitation, any special, incidental, exemplary, indirect or consequential damages, damage for loss of business, loss of profits, business, revenue, goodwill, anticipated savings and/or loss of business information, be it direct or indirect (even where the Company has been made aware by you of the possibility of such loss or damage). The licensor of the portion of the Software expressly disclaim the same with respect to the Software.
IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR DAMAGES OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) CONNECTED AND/OR RELATED TO THIS AGREEMENT AND/OR THE WEBSITE AND/OR THE SERVICES, EXCEED THE GREATER OF (A) EURO 10,000 OR (B) 100% OF THE AMOUNTS PAID BY YOU TO THE COMPANY IN CONNECTION WITH THIS AGREEMENT.
You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or take down of the Website and/or the Services and/or the Software.
You agree that, in the event that the Website and/or Services and/or Software fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Website and/or the Services and/or the Software or any error or omission, the Company will not be responsible for any loss and/or damage that may result.
Breach of these terms and conditions
You agree to fully indemnify, defend and hold the Company and its officers, directors, shareholders, advisors, contractors, licensor and employees harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
any breach of this Agreement by you.
any violation by you of any law or the rights of any third party.
use by you of the Website and/or Services and/or Software or use by any other person accessing and/or using the Website and/or Services and/or Software using your account, whether or not with your authorization.
Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against you.
Duration and Termination
This Agreement shall come into force immediately upon your completion of the registration process and shall continue in force unless and until terminated in accordance with its terms.
The Company may terminate this Agreement immediately without notice:
if for any reason the Company decides to discontinue to provide access to the Website and/or Services and/or Software in general or specifically to you
if the Company believes that you have breached any of the terms of this Agreement
if your use of the Website and/or Services and/or Software has been in any way improper or breaches the spirit of this Agreement; or
for any other reason the Company sees fit.
The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of the Company in respect of the breach concerned (if any) or any other breach.
You may terminate this Agreement via the termination procedure outlined in the Website.
Upon the termination of this Agreement for any reason, (i) you will not have access to your account, the Services, the Software or the Services, (ii) all copies of the Software and any associated documents provided by the Company shall be erased and destroyed, (iii) the Software will be removed from all Devices, and (iv) the Company shall maintain the right to keep any information collected by the Company during the term of this Agreement.
The termination of this Agreement shall not relieve you of the obligation to pay for the Services provided during the term of this Agreement.
If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the rest of the Agreement shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
No waiver by the Company of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and the Company.
This Agreement contains the entire agreement between the Company and you relating to your use of the Website and/or Services and/or the Software and supersedes any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation by the Company or anyone on its behalf.
The Company reserves the right to transfer, assign, sublicense or pledge this Agreement, at its sole discretion.
You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement, without the prior written consent of the Company.
Without derogating from the above, this Agreement shall be binding on you, as well as any of your assignees and successors in title.
This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of Israel and you hereby irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of the Tel Aviv District, Israel, to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation, termination or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement, the Website, the Software and/or the Services
How do I remove Fixico?
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