End-User License Agreement
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the WAND application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by PostPro of [ Yerushalaym 23 Nahariya, Israel 2220623] (collectively referred to as “PostPro").
PostPro reserves the right to change, modify, add or delete articles in this EULA at any time.
Grant of License
PostPro grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or PostPro terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from PostPro. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. Please review such additional terms and costs carefully.
While using the Product, You agree to comply will all applicable laws, rules and regulations. In all cases, You may only use the Product according to anticipated use of the Product.
For example purposes, and without limiting PostPro’s rights to take action against You, You may not: a) create, use, share and/or publish by any means in relation to the Product any material (text, words, images, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software); b) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above; c) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on PostPro’s servers and/or the Product and/or those of its service providers and partners; d) create, supply or use alternative methods of using the Products, for example server emulators; e)transmitting or communicating any material or content which, in the sole and exclusive discretion of PostPro, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable; f) harassing or threatening any other users in the Product;g) make inappropriate use of the help service or the claim buttons or send untruthful reports to members of PostPro’s personnel; h) falsely claim to be an employee or representative of PostPro or its partners and/or agents; i) falsely claim an endorsement in connection with the Product or with PostPro.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by PostPro or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, PostPro’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without PostPro’s prior permission and, if applicable, PostPro’s licensors’ and ‘representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by PostPro.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
Access to The Product
The product may be protected by digital rights management software (“DRM software”). In such case, you hereby agree, acknowledge and consent to the following regarding the DRM software: (i) the installation of the product will cause the DRM software to be installed on your computer; (ii) the DRM software may limit the number of installations of the product; (iii) the DRM software may install on your computer additional components required for copy protection; and (iv) during the installation and/or the first launch of the product, an online connection may be required to unlock the product through the DRM software. In no event shall PostProbe liable in connection with the components that may be installed on your computer by any DRM software.
By uploading Images to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, edit, scale down, reproduce, disclose, analyze using algorithms, archive, store, cache, reformat, transmit, excerpt (in whole or in part), and distribute uploaded images for the purpose of providing the culling service and our commercial activity of providing the Services to you, or otherwise, and to prepare derivative works of, or incorporate into other works, to automatically edit, uploaded images, and grant and authorize sub licenses to Adobe INC, and Adobe Lightroom of the foregoing. The use and transfer may occur in any media formats.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of uploading Images, and any personal and commercial images you provide. You waive all moral rights in uploaded images, and you warrant that moral rights have not otherwise been asserted in uploaded images.
We do not assert any ownership over uploaded images. You retain full ownership of all of uploaded images and any intellectual property rights or other proprietary rights associated with uploaded images. You are solely responsible for uploaded images and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding uploaded images.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any uploaded images; (2) to re-categorize any uploaded images to place them in more appropriate formats; and (3) to pre-screen or edit any uploaded images at any time and for to providing the culling service and related commercial services deriving from the performance of our Services, without notice. We have no obligation to monitor uploaded images.
Collection of Personal Data
Warranty Disclaimer, Limitation of Liability
You expressly acknowledge that use of the product is at your own risk. To the fullest extent permissible under applicable law, the product is supplied on an “as is” And “as available“ basis. PostPro, PostPro’s licensors, channel partners and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to: (a) its conformity, accuracy, currentness, completeness, reliability or security (b) its suitability for a particular use; (c) implied warranties of title, non-infringement; (d) its market value; or (e) your satisfaction. PostPro does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. You assume all responsibility for selecting the product to achieve your intended results, and for the installation of, use of, and results obtained from the product.
To the fullest extent permissible under applicable law, in no event will PostPro, PostPro’s licensors, channel partners and associated service providers be liable for loss or damage suffered in connection with the use of the product or any related third-party service. This includes without limitation (a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, (b) direct loss; (c) accidental loss, (d) incidental loss, (e) consequential loss, and (f) indirect loss.
Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with PostProor its licensors, channel partners and associated service providers is to cease to use the product; and if applicable, seek damages for your losses. For any product purchased for use on a device that would not meet the applicable legal warranties, PostPro’s liability is limited to the refund (directly or indirectly through its channel partners or associated service providers) of the purchase price of the product. In no event PostPro, its affiliates, licensors, channel partners and associated service providers be liable for damages in excess of any amount you have paid to PostPro for the product during the twelve (12) months immediately prior to the time your cause of action arose.
Nothing in this section shall affect PostPro’s liability for death or personal injury arising from PostPro’s negligence, for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
For purposes of this section PostPro’s licensors, channel partners and associated service providers are third party beneficiaries to the limitations of liability specified herein and they may enforce this EULA against you.
You are solely responsible for any damage caused to PostPro, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
You hereby agree to defend, indemnify and keep indemnified PostPro and its affiliates, their licensors, channel partners and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to your fault and/or resulting from (a) a violation of any provision of this EULA or (b) your use or misuse of the product. PostPro reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify PostPro. The provisions of this Section 7 shall remain in force after termination of this EULA.
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and PostPro may terminate this EULA, at any time, for any reason. Termination by PostPro will be effective upon (a) notice to You or (b) termination of Your PostPro Account (if any) or (c) at the time of PostPro’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
Changes to This Eula or to The Product.
PostPro reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with this Agreement and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
PostPro may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that PostPro may stop to support previous versions of the Product upon availability of an updated version. PostPro’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. PostPro also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any Israeli and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which Israeli has embargoed goods. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect PostPro’s initial intentions.
No failure or delay by PostPro to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by PostPro or by the User.
Law and Jurisdiction
To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Israel, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.