Virtoo End User License Agreement

Last modified: September 27th, 2017

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING, ACTIVATING AND/OR USING THE SOFTWARE.  

By clicking the "accept" or “ok” button, and/or by installing, activating and/or, in any event, by using the Software (as defined below) you expressly acknowledge and agree that you are entering into a legal agreement with Screenovate Technologies, Ltd. ("Screenovate", “we", "us" or "our"), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement and other supplemental terms and policies referenced herein, which are hereby incorporated into, and made a part of, this agreement by reference (collectively, "Agreement"). If you do not agree with any of the terms and conditions of this Agreement, you may not download, install and/or use (as the case may be) the Software. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  If you do not agree to be bound by this Agreement please do not download, install, activate and/or use the Software.

The language of this Agreement is expressly agreed to be the English language. By entering into the Agreement, you hereby irrevocably waive, to the maximum extent legally permitted, any law applicable to you requiring that the Agreement be localized to meet your language, as well as any other localization requirements.

Important notice: The Software is targeted only at consumers. You represent and warrant that you are neither (i) a business, commercial, professional or enterprise customer nor (ii) a user running Windows Enterprise. If you are, you are not permitted to download and/or use the Software at all.

You affirm that you are of a legal age in your jurisdiction to form a binding contract, but in any event over eighteen (18) years.

  1. Definitions and Interpretation

This Agreement contains a range of capitalized terms, some of which are defined in this Section, and some of which are defined elsewhere. The Section and sub-Section headings in this Agreement are for convenience of reading only, and may not to be used or relied upon for interpretive purposes.

  1. "Device" means the hardware device (such as personal computer, mobile telephone, tablet or any other device) that you own, control or use, on which the Software is pre-installed or installed.

  1. "Documentation" means any electronic manuals, specifications, and similar documentation that accompany the Software.

  1. "Intellectual Property Rights" means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

  1. Software” or “Virtoo Software” means each and any Screenovate’s (or its licensors') software, under the Virtoo brand (whether licensed by Screenovate or its authorized resellers/distributors, and whether preinstalled or subsequently installed, and/or whether downloadable, on-premises and/or provided on a Software as a Service (SAAS) basis), applications (including, without limitation, mobile software applications) and websites (including, without limitation, their sub-domains, content and services).

  1. License.  Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to  download, access, install and/or use (as applicable) the Software (in executable code version) on a Device  solely for your own personal and non-commercial use and only on as many Devices as expressly permitted by Screenovate and/or are its authorized distributors (such as the Device manufacturers), or on one computer device if no other entitlement is specified, and for such period specified in a term license, or perpetually if no term is specified (unless terminated earlier according to this Agreement). Use of the Software must be in accordance with the Documentation (if any). Except for the License, you are granted no other right in or to the Software or Documentation, whether by implied license, estoppel, patent exhaustion, operation of law, or otherwise. THE SOFTWARE IS LICENSED, NOT SOLD. 
  2. License Restrictions.  You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend, rent or encumber the Software; (ii) make the Software available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Software; (iv) copy (except for back-up purposes or archival purposes or as otherwise expressly permitted in Section 2 “License” above), modify, improve, or create derivative works of the Software or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Software or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Software; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (vii) use any communications systems provided by the Software to send unauthorized and/or unsolicited commercial communications; (viii) use the Screenovate name, logo or trademarks without our prior written consent; (ix) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement; (x) use the Software on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Software or "frame" or "mirror" the Software on any other server or wireless or Internet-based device; (xi) use the Software to create a competitive offering; and/or (xii) share or publish the results of any benchmarking of the Software without our prior written consent.

Account.  In order to use some of the Software features you may have to create or use an account (an "Account").  If you create an Account, you must provide accurate and complete information for yourself.  You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure.  You must notify us immediately of any unauthorized use of your Account.  

  1. Software Usage Rules. If you are downloading the Software from a third party app store or service provider ("Distributor"), please be aware that the Distributor may have established usage rules which also govern your use of the Software ("Usage Rules").  We specifically refer to the Usage Rules of certain Distributors in the section below entitled 'Distributor Requirements and Usage Rules', but other Usage Rules may be applicable depending on where the Software has been downloaded from.  You acknowledge that, prior to downloading the Software from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules.  The Usage Rules that are applicable to your use of the Software are incorporated into this Agreement by this reference.  You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Software; if you are unable to make such a representation you are prohibited from installing and/or using the Software.
  2. Use of the Software in a Vehicle.  If you are using the Software which is a mobile app in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the Software unless your vehicle is stationary and legally parked.
  3. Ownership.
  1. Software and Documentation. You hereby acknowledge that the Software and Documentation are or may be protected by intellectual property (and similar) laws, treaties, and conventions. The Software and Documentation are licensed and not sold to you under this Agreement and you acknowledge that Screenovate and its licensors retain all title, ownership rights and Intellectual Property Rights  in and to the Software and the Documentation.  We reserve all rights not expressly granted herein to the Software
  2. Feedback. If we receive any feedback (e.g., questions, comments, suggestions or the like) regarding any of the Software (collectively, “Feedback”), all rights, including intellectual property rights in such Feedback shall belong exclusively to Screenovate and you hereby irrevocably and unconditionally transfer and assign to Screenovate all intellectual property rights you may have in such Feedback and waives any and all moral rights that you may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Screenovate at its sole discretion, and that Screenovate in no way shall be obliged to make use of any kind of the Feedback or part thereof.    
  3. Content.  The content on the Software, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the "Materials"), and the User Submissions (defined below), and the trademarks, service marks and logos contained therein ("Marks", and together with the Materials, the "Content"), is the property of Screenovate and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  “Screenovate” and the Screenovate logo(s) are Marks of Screenovate and its affiliates.  All other Marks used on the Software are the trademarks, service marks, or logos of their respective owners.
  4. Use of Content. The content on the Software is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
  1. Payments. 
  1. If you purchased the License granted directly from our authorized reseller, the License granted hereunder is subject to the full payment of the applicable license fees (if any) agreed between you and such reseller.
  2. If you purchased the License directly from us, this section  shall apply. All fees specified in each applicable purchase order or Screenovate's price proposal shall be due and payable within seven (7) days of the date of invoice and payment received by you after the due date shall be subject to a late fee equal to one and one-half percent (1.5%) per month or, if less, the maximum amount allowed by applicable law. All amounts payable hereunder shall not be subject to any set-off or deduction. All fees are exclusive of any applicable taxes, duties and similar governmental charges, and you are responsible for payment of all such amounts, including sales tax, value added tax (VAT), withholding taxes, export, import and other duties imposed by any governmental agency in connection with this Agreement.  If any such taxes are required to be withheld, you shall pay an amount to us such that the net amount payable to us after withholding of taxes shall equal the amount that would have been otherwise payable under this Agreement.
  3. Please be aware that your use of the Software may require and utilize internet connection or data access.  To the extent that third party service provider or carrier charges for your internet or data usage as applicable, you agree to be solely responsible for those charges.
  1. Information Description.  We attempt to be as accurate as possible.  However, we cannot and do not warrant that the content available on the Software is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.  
  2. Data and Privacy.  

  1. Data Sharing. While using and/or installing the Software on several Devices, there is a connectivity between such Software (for example, between the Virtoo mobile Software application and the Virtoo desktop Software). As a result of such connectivity, data within such Devices (such as contacts, calls and text messages) ("Your Data") may be shared between the Devices, and stored on part or all of them.
  2. No Storage. The Software is not intended to, and will not, operate as an archive or data storage product or service, and you agree not to rely on the Software for the storage of any data whatsoever. You are solely responsible for the backup of Your Data.
  3. Privacy. We will use any personal information that we may collect or obtain in connection with the Software in accordance with our privacy policy which is available at www.virtoo.com/privacy ("Privacy Policy"), and you agree that we may do so. Notwithstanding, you are aware that you are not legally obligated to provide us personal information, and you hereby confirm that providing us personal information is at your own free will. Please also be aware that certain personal information and other information provided by you in connection with your use of the Software may be stored on your Device (even if we do not collect that information).  You are solely responsible for maintaining the security of your Device from unauthorized access.
  4. Customer & System Data.  In connection with Screenovate’s performance or your use of the Services and Service-related Software, we may obtain, receive, and/or collect data or information, including system-specific data (collectively, the “CS Data”).  You grant Screenovate (i) a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, compile, distribute, display, store, process, reproduce, or create derivative works of the CS Data solely to provide the Services or Service-related Software; (ii) a license to aggregate and use the CS Data in an anonymous manner in support of our marketing and sales activities; and (iii) the right to copy and maintain the CS Data on our or our suppliers’ servers as necessary to provide the Services.  You represent and warrant that you have obtained all rights, permissions, and consents necessary to use and transfer the CS Data within and outside of the country in which you are located.
  1. Warranty Disclaimers. 
  1. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  
  2. WE DO NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE ERROR-FREE, THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SOFTWARE.  YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, ANY SECURITY, PRIVACY PERFORMANCE AND/OR CONNECTIVITY ISSUES.
  3. THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONJUNCTION WITH MISSION CRITICAL AND/OR HIGH-RISK APPLICATIONS, AND/OR ANY ENVIRONMENT IN WHICH FAILURE MAY CAUSE SIGNIFICANT DAMANGES. ANY SUCH USE BY YOU IS OUTSIDE THE SCOPE OF THIS AGREEMENT AND YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE IN ANY SUCH MANNER.  YOU ACKNOWLEDGE THAT SOFTWARE PROVIDED UNDER THIS AGREEMENT IS NOT DESIGNED WITH SECURITY AND ACCESS MANAGEMENT FOR THE PROCESSING AND/OR STORAGE OF THE FOLLOWING CATEGORIES OF DATA AND SOFTWARE: (A) CLASSIFIED DATA AND SOFTWARE; (B) DATA AND SOFTWARE CONTROLLED UNDER THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (“ITAR”); AND (C) PERSONALLY IDENTIFIABLE INFORMATION THAT IS SUBJECT TO HEIGHTENED SECURITY REQUIREMENTS BY LAW (COLLECTIVELY REFERRED TO AS “EXCLUDED DATA”). YOU HEREBY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR REVIEWING DATA THAT THE SOFTWARE WILL PROVIDE TO US (OR TO WHICH WE WILL HAVE ACCESS) TO ENSURE THAT IT DOES NOT CONTAIN EXCLUDED DATA.

  1. Limitation of Liability. 
  1. UNDER NO CIRCUMSTANCES SHALL SCREENOVATE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, SYSTEMS, SOFTWARE, NETWORKS, REVENUE, PROFITS, VALUE, SALES, SAVINGS, BUSINESS OR REPUTATION, OR DOWNTIME, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE UNDER ANY THEORY OF LIABILITY AND EVEN IF SCREENOVATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. IN ANY EVENT, SCREENOVATE'S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO SCREENOVATE FOR USING THE SOFTWARE WITHIN THE THREE (3) MONTHS PRECEDING THE DAY ON WHICH THE CAUSE OF ACTION AROSE.  

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  1. Adjustments to Applicable Law. Insofar as applicable law prohibits any of the warranty disclaimers and/or limitations on liability and/or any other obligation you may have under this Agreement, the parties agree that the relevant disclaimer and/or limitation and/or obligation will be automatically modified, but only to the extent required to make it compliant with applicable law
  2. Indemnity.  You agree to defend, indemnify and hold harmless Screenovate and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Software; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.  Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it.  You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.  
  3. Export Laws.  You agree to comply fully with all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.  Without limitation, the Software is subject to U.S. export laws as well as the laws of the country where it is delivered or used. Under these laws, the Software may not be sold, leased or transferred to embargoed countries (currently Iran, North Korea, Sudan and Syria), other restricted countries, restricted end-users, or for restricted end-uses. You specifically agree that the Software will not be used for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. You understand that certain functionality of the Software, such as encryption or authentication, may be subject to import or export restrictions in the event that you transfer the Software from the country of delivery and you are responsible for complying with applicable restrictions.
  4. Updates and Upgrades.  We may from time to time provide updates or upgrades to the Software (each a "Revision"), but are not under any obligation to do so.  Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you.  You consent to any such automatic updating or upgrading of the Software.  All references herein to the Software shall include Revisions.  This Agreement shall govern any Revisions that replace or supplement the original Software, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
  5. Third Party Software.  Portions of the Software may include third party software components that are subject to open source and/or pass-through commercial licenses and/or notices ("Third Party Software" and "Third Party Terms", respectively).  We may publish a list of some or all Third-Party Software and related Third Party Terms within the Software About box and/or on www.virtoo.com/thirdpartysoftware (as may be updated form time to time).  If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. THIRD PARTY SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIRD PARTY SOFTWARE, SCREENOVATE SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES,  HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  6. Third Party Sources and Content.  
  1. The Software may enable you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ("Third Party Content").  The Software may also enable you to communicate and interact with Third Party Sources.  "Third Party Source(s)" means: (i) third party websites and services; and (ii) our partners and customers.  
  2. We are not necessarily affiliated with and have no control over any Third Party Sources.  We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources.  Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.  
  3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.  
  4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
  5. By using the Software you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable.   You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content.  Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.  
  6. You are solely responsible and liable for your interaction with a Third Party Source.  You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Screenovate, and release Screenovate from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source.  If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
  1. Term and Termination. 
  1. This Agreement is effective until terminated by us or you as set forth below:  
  2. We reserve the right to: (i) discontinue or modify any aspect of the Software; and/or (ii) terminate this Agreement and your use of the Software with or without cause, and shall not be liable to you or any third party for any of the foregoing.  If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Software in any way, your only recourse is to immediately discontinue use of the Software.
  3.  Upon termination of this Agreement, the License will automatically terminate and be deemed revoked, and you must: (i) immediately cease all use of the Software  and your access to the Software will be disabled, and (ii) delete and uninstall (as applicable) all copies of the Software or other digital materials provided to you which are in your possession or control. 
  4. Suspension.  If we reasonably believe that you are using the Software in a manner that may cause harm to Screenovate or any third party then we may, without derogating from our right to terminate this Agreement for any breach hereof or at will, suspend your access to and use of the Software until such time as we reasonably believes the threat of harm, or actual harm, has passed.
  1. Assignment.  This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Screenovate without restriction or notification. Any prohibited assignment shall be null and void.
  2. U.S. Government Rights. The Software is "commercial computer software" and the Documentation is "commercial computer software documentation," pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. If you are an agency, department, employee or other entity of the United States Government, then your access to and use of the App and/or the Documentation shall be subject solely to the terms and conditions of this Agreement.
  3. Modification.  We reserve the right to modify this Agreement and/or the Privacy Policy and/or the Third Party Software list, at any time by updating this page (www.virtoo.com/terms), without the need for any notice to you.  Your continued use of the Software following such update means that you accept those changes.
  4. Maintenance & Support. We do not commit to provide any maintenance and/or support services with respect to the Software. If we do offer any maintenance and/or support services,  we may stop providing these or change their scope at any time.
  5. Jurisdiction, Governing Law and Informal Negotiations.  This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. Any claim or dispute between you and Screenovate that arises in whole or in part from the Software, shall be submitted exclusively to a court of come tent jurisdiction located in Tel Aviv – Jaffa, Israel.  Notwithstanding the above, in the event of a dispute, before commencing any legal proceedings, you must give Screenovate a Notice of Dispute to support@screenovate.com. Such notice shall be a written statement that sets forth your name, address, contact information, the facts giving rise to the dispute, and the relief requested. You and Screenovate will attempt to resolve any dispute through informal negotiations within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you may commence legal proceedings. 

  1. General.  This Agreement, and any other legal notices published by us in connection with the Software, shall constitute the entire agreement between you and Screenovate concerning the Software.  In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice.  No amendment to this Agreement will be binding unless in writing and signed by Screenovate.  If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You agree that money damages would be an inadequate remedy for Screenovate in the event of a breach or threatened breach by you of the provisions set forth in this Agreement; therefore, you agree that in the event of a breach or threatened breach of any such provisions, Screenovate may, in addition to any other remedies to which it is entitled, be entitled to such preliminary or injunctive relief (including an order prohibiting you from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate to preserve all of Screenovate’s rights. All rights and remedies afforded Screenovate by law shall be cumulative and not exclusive.
  2. Contact Us. If you have any questions or need clarifications with respect to this agreement, please contact us at support@screenovate.com. You may also contact us via snail mail to 34 Jerusalem Rd., Ranana, Israel.
  3. Distributor Requirements and Usage Rules.
  1. Apple.  If you download our Software as a a mobile app (“App”) from the Apple, Inc. ("Apple") App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
  1. You acknowledge and agree that:
  1. this Agreement is concluded between Screenovate and you only, and not with Apple, and  Screenovate and its licensors, and not Apple, are solely responsible for the App and the content thereof.
  2. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
  3. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
  4. Screenovate is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  5. Screenovate is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.  In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Screenovate' sole responsibility;
  6. Screenovate, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
  7. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
  8. Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.  
  1. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  2. If you have any questions, complaints, or claims regarding the App, please contact Screenovate at support@screenovate.com.
  3.         By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements.  To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE SOFTWARE YOU EXPRESSLY CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.