Virtoo by LG
End User License Agreement
modified: July 9, 2018
This End User License Agreement and other supplemental
terms and policies referenced herein, which are hereby incorporated by
reference into this agreement (collectively, "Agreement" or “EULA”),
governs the terms and conditions of use of the Virtoo by LG Software and
constitutes a binding legal agreement between Screenovate and you.
BY ACTIVATING AND/OR BY
USING THE SOFTWARE, YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS OF THIS EULA.
ANY USE OR CONTINUED USE OF THE SOFTWARE CONSTITUTES YOUR BINDING AGREEMENT AND
CONSENT TO THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACTIVATE,
ACCESS OR USE THE SOFTWARE IN ANY MANNER WHATSOEVER. YOU AFFIRM THAT YOU ARE OF
LEGAL AGE IN YOUR JURISDICTION TO FORM A BINDING CONTRACT, BUT IN ANY EVENT
OVER EIGHTEEN (18) YEARS.
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.
1.1 “Affiliate” means any entity which directly or
indirectly controls, is controlled by, or is under common control with another
entity (where "control" means owning 50% or more of the voting
securities of such entity or the ability to direct managerial decisions or
board decisions of such entity).
1.2 “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 installed.
1.3 “Documentation" means any electronic
manuals, specifications, and similar documentation that accompany the Software.
1.4 “Intellectual Property Rights" means any and all
rights in and to any and all trade secrets, patents, copyrights, service marks,
trademarks, know-how, or other 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.
1.5 “Screenovate”, “we”, “our” or “us”
means Screenovate Technologies Ltd., a private company incorporated in Israel
with ID 514426790 and/or its Affiliates.
1.6 “Software” or “Virtoo by LG Software” means each and any
Screenovate’s (or its licensors') software, under the Virtoo by LG 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, desktop and mobile software
applications) and websites (including, without limitation, their sub-domains,
content and services). The Virtoo by LG Software extends the smartphone to the PC,
allowing hands-free calls, SMS messaging, Android apps mirroring and more.
We reserve the right, at
Software list, at any time by updating this page (virtoobylg.screenovate.com/terms) or the relevant pages linked to this page (an indication
for such modification shall be reflected in the “Last Modified” date in the
applicable page), without the need for any notice to you. Your continued
use of the Software following such amendment to the Agreement constitutes your
acknowledgement and consent for such amendment and your agreement to be bound
by the amended terms and conditions.
LANGUAGE (ENGLISH) AND LOCALIZATION:
The official language of
this Agreement is expressly agreed to be the English language. 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. We may,
at our sole discretion, provide localized versions in some other languages, but
these are provided (if provided) for convenience only and in case of any
mismatch between such localized version and the English version, the English
version shall prevail.
The Software is not intended
for children. If you are under legal age in your jurisdiction or under 18 years
of age, you may not use the Software.
5.1 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 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 available). 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.
5.2 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 the “License” section 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 and/or Virtoo by LG
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.
PROPERTY & OWNERSHIP:
6.1 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.
6.2 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.
6.3 Content. The content on the Software, including without
limitation, the text, information, documents, descriptions, graphics, photos,
sounds, videos and user submissions (the "Content"), and the
trademarks, service marks and logos contained therein ("Marks"),
are the property of Screenovate and/or its licensors and may be protected by
applicable copyright or other intellectual property laws and treaties. The
name and logo of “Screenovate” are Marks of Screenovate. All other Marks
used on the Software are the trademarks, service marks, or logos of their
6.4 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.
6.5 Third-Party IP. We respect others’ intellectual property
rights and ask that you do to. We will respond to notices of alleged copyright
infringement if they comply with the applicable law and are properly provided
to us. Such notices should be reported to our Copyright Agent at: email@example.com. We
reserve the right to delete or disabled Content alleged to be infringing and to
terminate the use of the Software by infringers.
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 about
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.
We may provide the
Software free of charge or against payments. Whether we charge payments or not,
how much we charge and the business model we apply are at our sole discretion
and may change from time to time. We may also display ads, including contextual
ads, on the Software or via communications to you, at our sole discretion. Payments
shall only be charged if we get your explicit consent and approved payment
including personal information, that we may collect or obtain in connection
at virtoobylg.screenovate.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.
9.2 Data On Devices. While using and/or installing
the Software on several Devices, a connection is established between the
Software on such devices (for example, between our mobile app and our PC app),
and some of the data on such Devices (such as contacts, calls and text
messages) may be shared between the Devices, and stored on part or all of them.
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 Devices and
preventing unauthorized access to your Devices.
9.3 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.
9.4 Security. We follow generally accepted industry standards
to protect the Software. However, no security measures are 100% secure.
Therefore, while we strive to use reasonable acceptable means to protect the
Software and the data it contains, we cannot guarantee its absolute security or
confidentiality. If you have any questions about security on the Software, you
can contact us at firstname.lastname@example.org. We
strongly recommend you take appropriate measures to protect your use of the
Software by doing the following: (i) if you set an account with us, please make
sure you take appropriate measures to secure it (e.g. set strong password,
update your password from time to time and don’t expose it to third parties);
(ii) keep the Software up to date; and/or (iii) contact us immediately in case
you are aware of any data breach and/or security vulnerability with respect to
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.
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.
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 virtoobylg.screenovate.com/thirdpartysoftware (as may be updated from 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.
PARTY SOURCES AND CONTENT:
13.1 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/or services; and (ii) our partners and customers.
13.2 We are not necessarily affiliated with and have no control
over any Third-Party Sources. We do not assume any responsibility for the
Source that you interact with before you engage in any such activity.
13.3 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
13.4 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.
13.5 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.
13.6 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
THE SOFTWARE (INCLUDING ANY INCLUDED THIRD-PARTY
SOFTWARE) IS PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT
LIMITATION, EXPRESS OR IMPLIED 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.
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 SECURITY VULNERABILITIES, 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. 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 DAMAGES.
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.
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. 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.
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.
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.
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
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.
This Agreement is
effective until terminated by us or you as set forth below:
20.1 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 in such case, we 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.
20.2 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 (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.
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 believe the threat of harm, or
actual harm, has passed.
TO YOUR SYSTEM AND PREFERENCES:
installing the Software, some changes may take place in the settings and
preferences of the operating system on which the Software is installed, in
order to enable the installation and performance of the Software.
stop using the Software at any given time and simply uninstall it from the
uninstall menu of the operating system the Software is installed on. If you
need assistance, please contact us at email@example.com.
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.
PERIOD AND INFORMAL NEGOTIATIONS:
25.1 Claims Period. 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 occurs. Otherwise, such cause of action is
25.2 Informal Negotiations. In the event of a dispute, before
commencing any legal proceedings, you must give Screenovate a Notice of Dispute
to firstname.lastname@example.org. 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.
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 competent jurisdiction located in Tel Aviv-Jaffa,
REQUIREMENTS AND USAGE RULES:
27.1General. 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, 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
27.2 Apple App Usage Rules. If you download our
Software as 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, you acknowledge and agree that:
27.2.1 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.
27.2.2 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.
27.2.3 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.
27.2.4 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
27.2.5 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.
27.2.6 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.
27.2.7 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.
27.2.8 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
27.2.9 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
27.2.10 If you have any questions, complaints, or claims regarding
the App, please contact Screenovate at email@example.com.
27.2.11 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).
(i) 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.
(ii) 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. (iii) 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. (iv) 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. (v) All rights and
remedies afforded Screenovate by law shall be cumulative and not exclusive.
If you have any questions or
comments about the Software and/or this Agreement, please contact us at:
Attn: Data Protection
Address: Screenovate Technologies, Ltd., 34 Jerusalem Rd.,
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.