Terms of Service
Last Modified: 2023
Software Installation and License Agreement
This Software Installation and License Agreement (this "Agreement") constitutes a legally binding agreement between A2zip, a company duly organized and existing under the laws of the State of Israel (the "Company"), and the individual or entity (the "User") accessing and utilizing the services provided through the Company's Installation product or extension (the "Installation Service"). This Agreement governs the terms and conditions under which the User is granted a license to utilize the Installation Service, including the installation and use of the software provided therein (the "Offered Software"). This Agreement encompasses all associated features and functionalities of the Offered Software.
Important Notice
Before accessing, downloading, installing, or using the Installation Service or the Offered Software, the User is obligated to carefully review and fully comprehend the terms and conditions stipulated in this Agreement. By engaging in any of these actions, the User acknowledges that they have reviewed, understood, and agree to be legally bound by all the provisions of this Agreement. Furthermore, the User affirms that their use of the Installation Service and the Offered Software will consistently comply with all applicable laws and regulations, including those promulgated at the local, national, and international levels.
Should the User disagree with any provision contained within this Agreement, they are strictly prohibited from accessing, downloading, installing, or using the Installation Service and the Offered Software. In the event that the Offered Software is already present on the User's device, they are obligated to immediately uninstall it.
Data Collection and Processing
To provide and enhance its services and features, the Company may collect and process certain data related to the User's utilization of the Installation Service and the Offered Software. For a comprehensive understanding of the Company's data collection and processing practices, Users are strongly encouraged to meticulously review the Company's Privacy Notice before using the Installation Service or the Offered Software. This Privacy Notice provides a detailed explanation of the types of data collected, the purposes for which such data is collected, and the User’s rights concerning their personal information.
Installation Service and Offered Software
The Company’s Installation Service is meticulously designed to facilitate and streamline the process of installing the Offered Software, which has been developed, published, or licensed by the Company. It is essential for the User to understand that they retain the absolute right to decline or accept the installation of any Offered Software presented during the installation process. Moreover, the User has complete autonomy to halt or cancel the installation process at any point during its execution.
User Consent for Installation
Before the installation process commences, the User will be prompted to provide their explicit consent to proceed. This consent is typically obtained through an affirmative action, such as clicking an “Accept” button or a functionally similar mechanism designated by the Company. By using the Installation Service, the User expressly grants the Company authorization to install the Offered Software. This authorization may include installing supplementary software components that the Company deems essential for the Offered Software’s proper functioning.
The User acknowledges that installing the Offered Software may necessitate modifications to their device's registry settings. An active internet connection may also be required for the successful completion of the installation process. The User further acknowledges and agrees that the Offered Software may modify their default search engine, home page settings, or other system configurations. The specific modifications implemented depend on the nature and functionalities of the Offered Software being installed. For illustrative purposes, the Offered Software may necessitate modifications to system settings related to file associations, network protocols, or user interface elements. These modifications are implemented solely to ensure the seamless functioning and integration of the Offered Software with the User's device.
Halting or Canceling the Installation Process
The User has the option to halt or cancel the Installation Service’s operation at any time. This can be accomplished by clicking the designated “Stop,” “Cancel,” or a similarly labeled button provided within the user interface. However, it is important for the User to understand that during certain critical stages of the installation process, the Company may, at its sole discretion, temporarily disable the User’s ability to halt or cancel the installation. This measure is implemented to safeguard the integrity and stability of the installation procedure, preventing partial or corrupted installations that could lead to software conflicts or data loss.
The User is cautioned that interrupting or terminating the Installation Service’s operation outside the designated mechanisms or during these critical stages of the installation process may result in unintended consequences. Such consequences may include, but are not limited to, damage to the User’s device, data loss, or the incomplete removal of software components. The Company disclaims any and all liability for such consequences that may arise from the improper termination of the installation process.
License Grant
This Agreement grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Installation Service solely for personal, non-commercial purposes. This license permits the User to download and install the Offered Software on a single device for their own use. The continued validity of this license is expressly conditioned upon the User's strict adherence to the terms and conditions meticulously outlined in this Agreement. All rights not expressly granted to the User under this Agreement are reserved by the Company and its licensors.
Proprietary Rights
All intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, patents, and any other proprietary rights associated with the Installation Service and the Offered Software, including all modifications, derivative works, enhancements, improvements, upgrades, and updates, are and shall remain the sole and exclusive property of the Company and its licensors. The User is strictly prohibited from challenging or contesting the validity of the Company’s or its licensors’ intellectual property rights. These prohibitions include, but are not limited to, reverse engineering the Offered Software, attempting to circumvent technological protection measures, or using the Offered Software in a manner that infringes upon the Company’s intellectual property rights.
User Representations and Warranties
By using the Installation Service or the Offered Software, the User represents and warrants that:
* The User possesses the legal capacity and authority to enter into this Agreement.
* The User is not legally prohibited by any applicable law, regulation, or court order from entering into this Agreemen
* If the User utilizes the Installation Service or the Offered Software on behalf of a corporation or other legal entity, the User possesses the requisite authority to bind such an entity to the terms and conditions stipulated in this Agreement.
* The User is at least 16 years of age or has obtained verifiable parental or legal guardian consent to use the Installation Service and the Offered Software.
* The User's use of the Installation Service and the Offered Software will be in full compliance with all applicable laws and regulations.
Prohibited Conduct
The User is expressly prohibited from engaging in any of the following activities:
* Utilizing the Installation Service or the Offered Software for any unlawful, fraudulent, or harmful purpose. This includes, but is not limited to, using the Offered Software to transmit viruses, launch denial-of-service attacks, or engage in any other activity that could harm the Company, its affiliates, or other users.
* Modifying, adapting, translating, reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Installation Service or the Offered Software. This restriction is in place to protect the Company’s proprietary rights and prevent unauthorized modifications that could compromise the software’s security or functionality.
* Circumventing or disabling any security features or technological protection measures implemented by the Installation Service or the Offered Software. These security measures protect the software’s integrity and prevent unauthorized access or use.
* Interfering with or disrupting the functionality or performance of the Installation Service or the Offered Software. This includes activities that could overload the system, interfere with other users’ access, or degrade the software’s performance.
* Utilizing any automated means, including but not limited to, spiders, robots, crawlers, or scrapers, to access or interact with the Installation Service or the Offered Software. This restriction is in place to prevent automated systems from placing an undue burden on the Company's systems and to ensure fair access to the software for all users.
* Attempting to gain unauthorized access to the Installation Service, the Offered Software, or any related systems or networks. This includes attempting to access data or systems that the User is not authorized to access or attempting to bypass security measures to gain unauthorized access.
* Copying, distributing, sublicensing, selling, leasing, renting, or otherwise transferring or commercially exploiting the Installation Service or the Offered Software. This restriction is in place to protect the Company’s intellectual property rights and prevent the unauthorized distribution of the software.
The Company reserves the right to suspend or terminate the User’s access to the Installation Service and the Offered Software and to pursue any legal remedies, including civil and criminal prosecution, if the User violates the terms of this Agreement.
Updates and Upgrades
The Company reserves the right, at its sole discretion, to update, upgrade, modify, or revise the Installation Service and the Offered Software at any time without prior notice to the User. These updates, upgrades, modifications, or revisions may include, but are not limited to, bug fixes, security enhancements, new features, or performance improvements. The User acknowledges and agrees that the Company is not obligated to provide them with any specific notice or warning regarding such updates, upgrades, modifications, or revisions. The User further acknowledges and agrees that installing the Offered Software constitutes their consent to the automatic download and installation of future updates, upgrades, modifications, or revisions to the Offered Software.
Disclaimers
THE INSTALLATION SERVICE AND THE OFFERED SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE INSTALLATION SERVICE OR THE OFFERED SOFTWARE ARE FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THEIR USE OF THE INSTALLATION SERVICE AND THE OFFERED SOFTWARE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USER'S USE OF OR INABILITY TO USE THE INSTALLATION SERVICE OR THE OFFERED SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO THE USER FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TEN DOLLARS ($10.00).
Term and Termination
This Agreement shall remain in full force and effect for as long as the User continues to access or use the Installation Service and the Offered Software. The User may terminate this Agreement at any time by ceasing their use of the Installation Service and the Offered Software and uninstalling the Offered Software from their device. The Company may terminate this Agreement at any time, with or without cause, upon notice to the User. Upon termination of this Agreement for any reason, the User’s right to use the Installation Service and the Offered Software will immediately cease, and the User must promptly uninstall the Offered Software from their device.
Indemnification
The User agrees to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) the User's use of the Installation Service or the Offered Software, (ii) the User's violation of this Agreement, or (iii) the User’s violation of any applicable law or the rights of any third party.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or amend this Agreement at any time. The Company will post the most current version of this Agreement on its website, and the “Last Modified” date at the top of this Agreement will indicate when it was last updated. The User's continued use of the Installation Service and the Offered Software following any such changes constitutes their acceptance of the revised Agreement. It is the User’s responsibility to periodically review this Agreement for any changes.
Miscellaneous
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 principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts located in Tel Aviv, Israel. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the User and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. This Agreement may not be assigned by the User without the prior written consent of the Company. The Company may assign this Agreement in its sole discretion. The failure of the Company to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
Third-Party Content and Links
The Installation Service and the Offered Software may contain links to third-party websites or resources. The User acknowledges and agrees that the Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. The User further acknowledges and agrees that the Company 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 the use of or reliance on any such content, goods, or services available on or through any such websites or resources.
Notices: All notices required under these Terms may be delivered electronically via email. You agree that email notices are considered received on the day they are sent to the email address associated with your account. If you contact us, you must do so via our official support email or the "Contact Us" section of our website.