END USER LICENSE AGREEMENT
1. Features: When you use the Home Page which is a website with Search bar and branded content (as defined below), you will receive the following features:
1.1. The Home Page may include third party content (“Third Party Content”). Third Party Content may include a third party’s branding or other content owned or licensed to such third party.
1.3. Your use of the Third Party Content is at your own discretion and risk. You further assume all responsibility for any data charges that you may incur for use of the Home Page and/or access to any Third Party Content. Your ability to access or link to Third Party Content, or third party services does not imply any endorsement by SearchJunky of Third Party Content or any such third party services.
1.4. SearchJunky disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Content via the Home Page. SearchJunky does not have any obligation to test or check Third Party Content and is not responsible for, and makes no warranty with respect to, the appropriateness, completeness, stability or legality of any Third Party Content and you hereby waive any legal or equitable rights you have or may have against SearchJunky with respect thereto. You acknowledge and agree that SearchJunky: (a) is not responsible for the availability or accuracy of such Third Party Content or the products or services on or available from such Third Party Content; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Content; (c) does not undertake or assume any duty to monitor the Home Page for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Content from being accessed through the Services. To report any inappropriate or unlawful Content please contact us at firstname.lastname@example.org
2. License Grant. The Home Page is being licensed to you by SearchJunky on an “AS IS” basis, for your private personal and non-commercial use only. Subject to the terms of this Agreement, SearchJunky hereby grants you a limited, non-exclusive, personal, non-sub licensable, non-assignable license to use the Home Page including any online or enclosed documentation.
3. License Conditions. (a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Home Page or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Home Page; (iii) sell, assign, rent, lease, publish, display, disclose, transmit, act as a service bureau, or grant rights in the Home Page, including, without limitation, through sublicense, to any other entity without the prior written consent of SearchJunky ; (iv) export or re-export the Home Page in violation of export laws; (v) use the Home Page for any commercial purpose or the benefit of any third party or charge any person for the use of the Home Page; (vi) use the Home Page to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about users of the Home Page by monitoring, interdicting or intercepting any process of the Home Page (viii) use any type of bot, spider virus, worm, clock, software lock, timer, counter, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, damage , delete or disassemble the Home Page or the Services; (ix) Attempt to disable or circumvent any activation protection mechanism accompanying the Home Page or assist third parties to do so; (x) Attempt to create the source code from the object code for the Home Page or any component thereof; or (xi) d) use any data mining, robots or similar data gathering or extraction methods with respect to the Home Page or Services. Furthermore, you may not use the Home Page or Services to develop, generate, transmit, post, distribute or store information (including as a software or other computer files) that: (A) infringes any third party's intellectual property, right of publicity or other proprietary right or contractual right; (B) is defamatory, harmful, abusive, hateful or obscene or promotes violence; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Home Page or Services, (D) performs any unsolicited commercial activity not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; (F) contain a virus, Trojan horse, worm or other harmful or destructive component; and (G) impersonates any other person, or steals or assumes any person's identity (a real identity, an alias or an online nickname). The Home Page and Services offer and may incorporate content, technology, software and services owned and controlled by third parties. Use of such third party content, technology, software and/or services is subject to the terms and conditions and privacy policies of the applicable third party license agreements. Such third party content, technology, software and/or services may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without the prior written consent of such third party content, technology, software and/or services owner. Your use of the third party content, technology, software and/or services is at your own discretion and risk and you agree to look solely to the applicable third party and not to SearchJunky to enforce any of your rights. SearchJunky is not obligated to maintain or support the Home Page or Services, to provide all or any specific content through the Home Page or Services, or to provide you with updates, upgrades or services related thereto.
4. You understand that SearchJunky, in its sole discretion, may modify or discontinue or suspend for any period of time or permanently your right to access any of its Services or use any of the Home Page or Services at any time, and may at any time suspend or terminate any license hereunder and disable any Home Page or Services you may already have accessed without prior notice. SearchJunky reserves the right to add additional features or functions to the Home Page and/or Services. The Home Page periodically communicates with SearchJunky servers. We may automatically update or upgrade the version of the Home Page that you are using. You consent to such automatic updating or upgrading, and agree that the terms and conditions of this Agreement will apply to all such updates or upgrades. All modifications or enhancements to the Home Page and Services remain the sole property of SearchJunky. The use of the Home Page or Services is currently not for charge, but SearchJunky may begin charging for the use of the Home Page or Services or part thereof at any time in its sole discretion.
5. Permission to Utilize. In order to receive the benefits provided by the Home Page, you hereby grant permission for the Home Page to utilize the processor and bandwidth of your computer, only in order to provide you with the Services.
6. Risks. SearchJunky TAKES REASONABLE MEASURES IN ATTEMPT TO KEEP THE HOME PAGE AND SERVICE SECURE. HOWEVER, LIKE ALL OTHER URL SITES, THE HOME PAGE AND SERVICE MAY STILL BE VULNERABLE TO VARIOUS SECURITY ISSUES AND FOR THAT REASON, SHOULD NOT BE CONSIDERED SECURE. IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE HOME PAGE OR SERVICE.
7. Proprietary Rights. The Home Page and Services contain proprietary and confidential information of SearchJunky, including trade secrets, copyrights, and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the Home Page and Services, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of SearchJunky and its suppliers, and except for the limited license granted to you, SearchJunky reserves all right, title and interest in and to the Home Page and Services. You shall not take any action to jeopardize, limit or interfere with SearchJunky's ownership of and rights with respect to the Home Page and Services. You acknowledge that any unauthorized copying or unauthorized use of the Home Page or Services is a violation of this Agreement and copyright laws and is strictly prohibited. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Home Page and Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
9. Data Use and Privacy.
9.2. SearchJunky reserves the right to disclose any information it deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of SearchJunky its employees or the public. SearchJunky also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in SearchJunky's sole discretion.
9.4. SearchJunky is committed to its users’ data security and takes serious steps for ensuring maximum data security. If any of the Home Pages and/or Services are ever sold or all or substantially all of the assets relating to a Home Pages and/or Services are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this Agreement. Licensor may use any of the foregoing data to create statistical data that does not identify any individual user and may use or share such statistical data with its partners, without restriction, on commercial terms that Licensor can determine in its sole discretion. In providing the Service, we may use subcontractors that are located in countries other than your own, and send them information we receive. For example, we may send your information to the United States. All our subcontractors will be subject to non-disclosure and non-use obligations. Nevertheless, some countries may have levels of protection of personal and other information which are not as high as in your country of residence or business.
10. Your Representations and Warranties (a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the Home Page and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the Home Page or to defeat or overcome any encryption and/or other technical protection methods implemented by SearchJunky with respect to the Home Page and/or data transmitted, processed or stored by the Home Page or other users of the Home Page, (iv) you will not take any steps to interfere with or in any manner compromise any of Home Page security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested upon using the Home Page, and (vi) you will only use the Home Page and Services on a computer on which such use is authorized by the computer's owner. (b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Home Page or Services. You may not violate or attempt to violate the security of the Home Page or Services. SearchJunky reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. (c) If SearchJunky has reasonable grounds to suspect that your representations, promises or warranties are inaccurate or breached, SearchJunky may terminate this license, deny any or all use of the Home Page and/or Services, and pursue any appropriate legal remedies.
11. Submissions If at our request you send content (e.g., postings, contest submissions, surveys, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the “Submissions”), such Submissions shall be deemed, and shall remain, the property of SearchJunky . None of the Submissions shall be subject to any obligation of confidence on the part of SearchJunky, and SearchJunky shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, SearchJunky shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
12. Indemnity You agree to indemnify, hold harmless and defend SearchJunky and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney fees and other dispute resolution expenses) incurred by SearchJunky arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Home Page and/or Services. Notwithstanding such obligations, SearchJunky may control any defense of such claims. If SearchJunky allows you to defend such claims, your choice of counsel must be reasonably satisfactory to SearchJunky You shall not settle or compromise claims that impose any obligation on SearchJunky or admits any fault on its part without its prior written consent. SearchJunky may participate in the defense of all claims with counsel of its own choice at its own expense
13. Links and Search Results. The Home Page may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources or software. Because we have no control over such sites and resources and software, you acknowledge and agree that we are not responsible for the availability of such external sites or resources or software, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or software. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource or software.
14. Disclaimer of Warranties (a) THE HOME PAGE AND SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SearchJunky EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE HOME PAGE OR SERVICES (AND/OR ANY THIRD PARTY SOFTWARE, CONTENT, TECHNOLOGY AND SERVICES), INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SearchJunky FURTHER DOES NOT REPRESENT OR WARRANT THAT THE HOME PAGE OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE (b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE HOME PAGE OR SERVICES AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. (c) THE HOME PAGE OR SERVICES MAY BE UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO SearchJunky. YOU AGREE THAT SearchJunky WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN SECTION 16(a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES. (d) AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION 16, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability (a) IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL SearchJunky, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS OF ANY TYPE , DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE HOME PAGE OR THE SERVICES, EVEN IF SearchJunky HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE HOME PAGE AND/OR SERVICES IS TO CEASE USE OF SUCH HOME PAGE AND SERVICES. (c) IN NO EVENT WILL SearchJunky’S CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT SearchJunky RECEIVED FROM YOU FOR THE LICENSE EVEN IF SearchJunky HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO LICENSOR SPECIFICALLY FOR THE USE OF THE HOME PAGE OR THE SERVICES, LICENSOR SHALL NOT HAVE ANY LIABILITY TO YOU. (d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
16. Customer Support SearchJunky may, but is not required to, provide you with customer support (“Support”). Customer support is available at email@example.com
17. You acknowledge and agree that by using the Home Page and to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE HOME PAGE OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
18. General Provisions. SearchJunky reserves all rights not expressly granted herein. SearchJunky may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at https://www.searchjunky.com/home/eula Your continued use of the Home Page and/or Services shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and SearchJunky Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of SearchJunky at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any competent court of Tel-Aviv- Jaffa, Israel and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Home Page and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO USE THE HOME PAGE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SearchJunky THE RIGHTS SET FORTH HEREIN. Contact Information. You may use the following contact information to contact Licensor: firstname.lastname@example.org