The following License Agreement have been republished from www.myappscloud.com/eula and/or the program's installer.
Important information - please read carefully: the MyAppsCloud End User License Agreement ("License Agreement") is the legal agreement between you (either an individual or an entity) and IronSource Ltd. ("us" or “our” or “we” or “Company”) for our proprietary MyAppsCloud software and the applicable documentation ("Software").
BY DOWNLOADING, COPYING, INSTALLING THE SOFTWARE ON YOUR PERSONAL DEVICE AND/OR BY OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. WE RECOMMEND THAT YOU KEEP A COPY OF THIS LICENSE AGREEMENT FOR YOUR RECORDS.
IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT DO NOT DOWNLOAD, COPY OR INSTALL THE SOFTWARE OR ANY PART THEREOF, AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
GRANT OF LICENSE. we hereby grant you a personal, non-exclusive, non-transferable, non-sub-licenseable, limited license to install the Software on your personal computer or other device and personally use the Software for any of the activities enabled via the Software solely in accordance with and subject to the terms set forth herein, the privacy policy, and in any accompanying user documentation. The Software may not be used for any other purposes. You may not use the Software if you are under 13 years of age or if you are not the owner or approved administrator of the computer on which you activated the Software.
The Software is a program-management application, designed to notify you of any available updates to third party software already installed on your personal computer ("Installed Items"), and may, in the future, also suggest the removal of certain Installed Items or the installation of other third party software that are harmful and malicious. Please note that we have no rights and can grant no rights in such Installed Items and your use of any such item is subject to its own terms and conditions.
Please also note that the Software will in some cases use various delivery and installation platforms, developed or published by the Company or by independent software vendors, to perform and optimize the installation of updates. In other cases, the Software may direct you to the relevant third-party websites to download such updates. For reasons of information security, prevention of "phishing" and "scraping" and to ensure successful and secure installation of such updates our default option is to access such third-party websites from within the Software itself; however, you may choose to access such third-party websites directly, although we do not recommend this.
RESTRICTIONS ON USE. You may not: (i) copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software; (ii) except as permitted herein, share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or rights to use it; (iii) delete or modify any attributions, legal notices or other proprietary designations or labels on the Software, or on any third-party software/material contained therein; or (iv) use the Software by itself or in conjunction with any other products to infringe upon any third party's rights, including without limitation third party's intellectual property rights, to invade users' privacy in any way, or to track, store, transmit or record personal information about any other user of the Software. Any such forbidden uses shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to the Company at law or in equity.
PERMISSIONS. By installing the Software you are giving us your express permission to access the operating system and all Installed Items on your personal computer or device in order to ascertain the availability of updates to such Installed Items or the advisability of obtaining additional third-party software. You acknowledge that the Software may not be compatible with all Installed Items and we cannot guarantee that all available updates will be detected and that you will be notified of them. You are thus advised to periodically check the availability of updates for all Installed Items.
THIRD PARTY SITES. Each Installed Item is subject to its own terms and conditions of use, including privacy policy and end-user license agreement. We advise you to read these documents carefully. Inclusion of a link to a third party website or service in connection with an Installed Item is not a recommendation of such website or item or of any other product or services. Third party sites may contain information or services that are illegal, unreasonable or that some people may find inappropriate or offensive. Before using third party sites and services or before updating any Installed Item, we recommends that you read and understand the terms and conditions of such sites or products, as well as their warranty, shipping, return and privacy policies and to ensure you agree to their terms. You acknowledge that we are not responsible for the Installed Items or any other products, services, or descriptions of those products or services that you receive from third party sites or for the content or privacy practices of those sites, and that this License Agreement does not apply to any Installed Item or to other third party products and services. You are knowingly and voluntarily assuming all risks of using third party sites to update Installed Items or obtain additional products or services. You agree that we shall have no liability whatsoever with respect to such third party sites and your usage of them.
TITLE AND OWNERSHIP. You acknowledge and agree that the Software, including any revisions, corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, and any copies you are permitted to make under this License Agreement are owned by the Company or its licensors, and are protected under copyright laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, designs or trademarks), evidenced by or embodied in and/or attached or connected or related to the Software, are and shall remain owned solely by the Company and/or its licensors. This License Agreement does not convey to you any interest in or to the Software, but only a limited, revocable right of use in accordance with the terms of this License Agreement. Nothing in this License Agreement constitutes a waiver of our intellectual property rights under any law.
The MyAppsCloud logo and trademarks are trademarks of the Company and no right, license, or interest in any such trademarks is granted hereunder.
ADVERTISEMENTS. During your use of the Software we may present you with third party advertisements. The Company has no control and takes no responsibility for the content of these advertisements and the sites or applications to which they may direct.
THIRD PARTY SOFTWARE. Any third party software that may be provided with the Software is included for use at your option. Such software is provided AS IS and subject to the terms of its own license as attached or linked thereto as well as to the provisions of this License Agreement, to the extent applicable.
UPDATES/UPGRADES. The Company has no obligation to provide technical support under this License Agreement, but it may notify you at its discretion of available Software updates or upgrades. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software, maintain software compatibility, provide security updates or bug fixes or offer new features, functionality or versions. For clarification purposes, any upgrades that impact privacy of users or result in changes to this License Agreement will require your acceptance or a new download of the Software otherwise the update and upgrade shall be done automatically.
COMPLIANCE WITH LAW & EXPORT CONTROLS. This Software is intended for use only in compliance with applicable laws and you undertake to use it in accordance with all such applicable laws. Without derogating from the foregoing and from any other terms herein, you agree to comply with all applicable export laws and restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country under US or other applicable law.
CHANGES TO SOFTWARE OR LICENSE AGREEMENT. We may change, modify, suspend, or discontinue any aspect of the Software or related services at any time. We may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability. The Company reserves the right, at its sole and absolute discretion, to change, modify, add to or delete any of the terms and conditions of this License Agreement at any time, including without limitation the availability of any feature of the Software. Material changes will be disclosed to you through a patch process, by email, or through website posting. Your continued use of the Software, following any revision of the Software or this License Agreement, constitutes your complete and irrevocable acceptance of any and all such changes.
WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. THE COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, NOR DOES THE COMPANY WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
EXCLUSION OF CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL THE COMAPNY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE COMPANY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH SUCH SOFTWARE IS TO IMMEDIATELY DEINSTALL OR CEASE USE OF THE SOFTWARE.
THE COMPANY'S TOTAL LIABILITY TO YOU UNDER OR CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU.
TERM & TERMINATION. This License Agreement becomes effective upon the earlier of your receipt or installation of the Software. You may terminate your relationship with us at any time by uninstalling the Software. Furthermore, your failure to comply with the terms of this License Agreement or any other agreement you have with us shall terminate your license and this License Agreement. Upon termination of this License Agreement the license granted to you in this License Agreement shall automatically expire and you shall discontinue all further use of the Software. For clarification the Company reserves the right to prevent you from further use of the Software in the event you cease to be in compliance with this License Agreement.
MISCELLANEOUS. THE COMPANY'S ACCEPTANCE OF YOUR USE OF THE SOFTWARE, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this License Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This License Agreement shall be construed and governed in accordance with the laws of the State of Israel (regardless of its conflict of law provisions) and the competent courts in Tel-Aviv, Israel shall have exclusive jurisdiction over any dispute arising out of or related to this License Agreement. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.
CONTACT US. If you have any questions (or comments) concerning this License Agreement, you are most welcomed to send the Company an e-mail at:
[email protected], and we will make an effort to reply within a reasonable timeframe.
I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Please indicate your acceptance by clicking 'I ACCEPT'.
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