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EULA

Last Updated on April 2023

 

Wind Trust Ltd (referred to as the “Company“), the legal owner of the Installer and Software (as defined below), has entered into a legally binding agreement known as the “Terms of Service” with the User. The Installer and Software have been developed or licensed to the Company. These Terms outline the terms and conditions governing the User’s use of the Installer and Software, including any features associated with them.

 

USER’S ACCEPTANCE OF THESE TERMS

BY USING THE INSTALLER AND SOFTWARE, THE USER ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTOOD, AND AGREES TO THESE TERMS. THE USER EXPLICITLY AGREES TO USE THE INSTALLER AND SOFTWARE CONSISTENT WITH THESE TERMS. THE USER FURTHER AGREES TO FULLY COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING THE USER’S USE OF THE INSTALLER AND SOFTWARE. IF THE USER DOES NOT AGREE TO THESE TERMS OR ANY PROVISION HEREIN, THE USER MUST NOT USE THE INSTALLER OR THE SOFTWARE AND MUST UNINSTALL THE SOFTWARE FROM HIS/HER DEVICE, WHERE APPLICABLE.

 

For the provision of Installer and Software services, the Company may acquire and process certain information regarding the User’s usage. Before using the Installer and Software, it is encouraged that the User familiarizes themselves with the Company’s Privacy Policy, which can be found at Privacy

 

INSTALLER & SOFTWARE SERVICES

 

The Installer software, referred to as the “Installer,” is designed to facilitate and optimize the installation of certain Software provided within it, which may encompass desktop applications, browser extensions, and other forms of technology known as “Software.” The User acknowledges that the installation of specific Software may result in modifications to the search settings, new tab preferences, and other features provided by the Software. Furthermore, the Software may offer advanced functionalities, including direct web search capabilities. The Company’s Software performance includes displaying relevant advertisements based on the User’s search activities.

 

To proceed with Software installation, the User will be required to grant permission and consent by clicking on an appropriate button. By utilizing the Installer, the User explicitly provides consent to the Company to install the Software, along with any additional software deemed necessary for its proper execution. The Software requires making changes to the system registry and accessing the internet.

 

At the User’s discretion, they can choose to skip, decline, or accept any of the Software components. The User has the option to cancel or halt the operation of the Installer by using the designated button after initiating the process. However, the Company reserves the right to restrict the User’s ability to do so during specific stages of the process. It is important to note that interrupting the Installer’s operation outside of the designated button may result in damage to the User’s device. The Company assumes no liability or responsibility for such damages. Additionally, if the installation is canceled or interrupted before completion, residual data or software may remain on the User’s device. The User can manually remove such residual data or software, including utilizing a desktop application to resume the interrupted installation.

 

LICENSE

 

Under these Terms, the Company hereby grants the User and the User to accept a limited, nonexclusive, nontransferable, non-sublicensable, and fully revocable license, to use the Installer and install the Software (“License“). The User hereby acknowledges that the License is subject to compliance with the Terms and solely for his/her non-commercial, personal use and purposes. The Company does not grant the User any other rights whatsoever in connection with the Installer and Software. Except as expressly outlined in this Terms, all rights not granted hereunder to User, are reserved by the Company. 

 

THIRD-PARTY CONTENT

 

The content of third parties provided as part of the Software or otherwise included as a link therein, including webpages, websites, search results, and advertisements, are not under the control or responsibility of the Company. The Company recommends the User, and it is the obligation of the User, to read carefully the relevant terms or policies of these third parties once the User interacts with their content, since these terms or policies shall govern the User’s use once he is linked to these third parties content or otherwise interacts with them. 

 

The Company will not be liable or responsible for any third party’s content. The inclusion of such content in the Software will not be deemed as an endorsement on Company’s behalf. 

 

THE USER’S REPRESENTATIONS AND WARRANTIES

 

By using the Installer and Software, the User represents and warrants that the User shall not: 

 

 

    • sell, copy, distribute, lease, sublicense, or share the Installer and Software and the License granted herein, or any other commercial exploit the Installer and Software; 

 

    • change, modify, edit, change, alter, or bypass any feature of the Installer and Software; 

 

    • interfere, circumvent, or disable the security features of the Installer and Software or degrade its performance;

 

    • assert any proprietary rights in or to the Installer and Software, or any element or content thereof, nor remove, amend, or obscure any notices of proprietary rights;

 

    • use malicious codes or any automated means, such as scraping, crawling or any robot, spider, etc., when the user access the Installer and Software;

 

    • change, modify, adapt, decompile, disassemble, reverse engineer, translate, make any copies of, circumvent or hack the Installer and Software, or any temptation to derive its source code; 

 

    • use the Installer and Software in any fraudulent, unlawful, or harmful manner; 

 

    • use the Installer and Software in any manner that may violate the term of these Terms.

 

 

UPON ANY BREACH OF THESE TERMS, THE COMPANY MAY, AT ITS DISCRETION SUSPEND OR TERMINATE THE USER’S ACCESS AND USE OF THE INSTALLER AND SOFTWARE.  IT MAY ALSO RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.

 

INTELLECTUAL PROPRIETARY

 

All intellectual property rights, title, and interest of any kind in and to the Installer and Software, including without limitations, tradenames, logos, and any modifications, upgrades, know-how, derivative works, inventions and ideas, technology methods, rights in the software and computer code, (including in any source or object code or any other form and any software or registration), are and shall remain the exclusive property of the Company and its licensors.

 

DISCLAIMER

 

THE INSTALLER AND SOFTWARE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT PROVIDE WARRANTIES OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (HOWEVER NOT LIMITED TO) REGARDING MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE INSTALLER OR SOFTWARE ARE OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE INSTALLER OR SOFTWARE WILL BE ERROR OR BUGS-FREE, OR THAT THE COMPANY WILL TAKE ACTIONS TO CORRECT ERRORS. THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO THE USER OR ANY THIRD PARTY RESULTING FROM TECHNICAL ISSUES. THE COMPANY MAKES NO REPRESENTATION OR PROVIDES ANY WARRANTY THAT THE INSTALLER OR SOFTWARE IS OR WILL BE AVAILABLE FOR USE IN ANY GEOGRAPHIC LOCATION OR AT ANY GIVEN TIME. THE USER’S USE OF THE INSTALLER OR SOFTWARE IS AT THE USER’S OWN RISK AND RESPONSIBILITY. 

 

LIMITATION OF LIABILITY

 

THE USER ACKNOWLEDGES AND AGREES THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,  THE COMPANY AND ITS AFFILIATES, AS WELL AS  THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES, INCLUDING (HOWEVER NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, DAMAGES  TO EQUIPMENT, ETC., ARISING FROM THE USE OR INABILITY TO USE THE INSTALLER OR SOFTWARE EVEN IF THE COMPANY OR WHOM ON ITS BEHALF, WERE ADVISED REGARDING THE POSSIBILITY OF SUCH DAMAGES. 

 

IN NO EVENT SHALL THE COMPANY’S LIABILITY, FOR ALL CLAIMS MADE BY THE USER AND DAMAGES, EXCEED THE ACTUAL PRICE PAID BY THE USER FOR THE USER’S USE OF THE INSTALLER AND SOFTWARE OR TEN US DOLLARS (10$), WHICHEVER IS LESS.

 

UPDATES OF THE INSTALLER OR SOFTWARE

 

The Installer and Software, along with the services provided, may be subject to upgrades, updates, or other modifications by the Company at its discretion. The Company is not obligated to provide the User with any prior notice regarding these changes. Any consequences or damages arising from such changes, updates, or upgrades are not the responsibility of the Company. It is important to note that by installing the Software, the User consents to the automatic downloading and installation of software updates.

 

TERM AND TERMINATION

 

Each party is entitled to terminate these Terms, at any time and for any reason. These Terms will be in effect as of the date the User initiates the use of the Installer. The User may remove the Software from his/her device according to the standard uninstall procedure through the browser’s settings. 

 

Upon termination, the License shall be automatically terminated as well.

 

The Company reserves the right to terminate the operation of the Installer and Software at any time. The Company will not be liable to the User or any third party for any termination. 

 

INDEMNIFICATION

 

The User agrees to defend, indemnify and hold the Company harmless and its respective affiliates, directors, shareholders, officers, or representatives from any damages, expenses, liabilities, claims, demands, losses judgments, and all related costs, including reasonable attorney’s fees incurred by the Company as a result of or arising out of the User’s breach of these Terms. 

 

AMENDMENTS TO THESE TERMS

 

The Company may update, amend or revise these Terms at any time at its sole discretion. The date of the most updated Terms shall be indicated in the “Last Modified” date. The amendments and revisions to these Terms shall be effective upon the publication of such revised Terms, and the continuous use of the User shall be deemed as the acceptance of the User to such revised Terms, so the User shall make sure to review these Terms from time to time. The Company does not guarantee to provide a notification upon performing amendments to these Terms. 

 

GENERAL TERMS

 

 

    1. Entire agreement: these Terms and any amendments or updates contain the complete understanding between the parties regarding the Installer and Software. If any part of these Terms is determined to be invalid or unenforceable, it will not affect the remaining provision, which shall remain in full force and valid.

 

    1. Jurisdiction & Dispute Resolution: These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of law. The competent courts located in Tel Aviv, Israel will have sole jurisdiction in any dispute, claim, or controversy arising under, related to, or otherwise in connection with these Terms, the Installer, and Software. The limitation regarding any claim to the Installer and Software shall be limited to twelve (12) months as of the applicable claim and will be permanently barred afterward.

 

    1. Assignment: the User shall not assign or transfer these Terms, the License, or any right or obligation under these Terms. The Company expressly reserves the right, at its sole discretion, to assign these Terms and to delegate any of its obligations under these Terms. 

 

    1. Waiver: Failure of the Company to enforce any rights or to take action against the User in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. 

 

    1. Force majeure: In no event, the Company shall be deemed in breach of these Terms if the Company is unable to provide the Installer, Software or any portion thereof by reason of national emergencies, earthquake, acts of God, labor dispute, insurrection, shortages, fires, riots, flood, storm or other like events, explosions, war, internet outages, global pandemic or any act of any local or international law, governmental order or regulation or any other event beyond Company’s control. 

 

 


CONTACT INFORMATION OF THE COMPANY

 

Wind Trust Ltd

 

Email: support@windTrustltd.com