The service and the use of the software are provided by Foto Master Ltd. (hereinafter: the “Company”). It is herby clarified and agreed that the use and operation of the software indicate the acceptance of the following terms and full agreement thereto without any restriction and/or reservation.
It is hereby clarified, that the software is to be used only after carefully reading all of the terms and conditions set forth in this agreement.
The software means the software offered for download on this site, files, documents and/or fonts attached to the software.
Subject to the terms listed in this Software License, the Company grants you a limited, non-exclusive and non-transferable right and license to use the software by one PC as set forth below (hereinafter: the “License”).
It is hereby clarified that you are only granted a license and the software is not sold to you exclusively. The Company retains all rights in the software not expressly granted to you in this License Agreement.
The terms of this License will apply to any software updates, if any, which will be supplied by the Company, and that will replace and/or add to the original version of the software unless such updates will come with a separate Software License, which in that case the terms of the separate license will apply to the use of the software updates.
In the relations between you and the Company, the Company owns all the proprietary and ownership rights and all the rights and interests regarding the software and any copies and components of the software, including rights in the intellectual property, except those granted under this License Agreement.
This License allows you to install only one copy of the software on one computer that meets the system requirements of the software installed on it. Read the explanations regarding installation of the software and learn about its system requirements. This License is valid for the installation of the software on only one computer at any given time.
You may not copy, reproduce, open the code, break apart, perform reverse engineering, dismantling and / or de-compilation of the software and / or the code, change the software or create derivative works from the software or the code. The software contains proprietary and confidential information of the Company. Your consent is hereby granted to refrain from searching, in any manner and / or disclose to others, such information.
You are not entitled to lend, distribute, sell, or market the software and/or any part thereof or without the prior written consent of the Company.
Without derogating from the foregoing, you may not assign, pledge, mortgage or transfer your rights pursuant to this agreement unless you have received the Company’s prior written consent. Insofar as such consent was received, it shall be valid provided that: (a) the transfer included all the ancillary components of the software, including digital media, printed materials, the computer on which the software and this License are installed; (b) you shall not keep in your possession any copy, in full or in part, of the software, including copies installed on the computer or copied to other storage devices; (c) the third party, who received to his possession the software and the computer on which the software is installed, read the terms of this Software License Agreement and agreed to them. All the components of the software are distributed as one package and are not to be distributed separately.
If a software update will fully replace (new installation) its previous version, you are not allowed to use both versions of the software at the same time.
The Company shall provide technical support services only to the purchaser of the software free of charge for a period of one year, the support services shall be provided via e-mail, Skype, Team Viewer etc. at the choice of the Company.
You hereby agree that the Company is entitled to collect and make use of technical and / or other relevant information, including, but not limited to, technical information about the computer, the system, the software and your peripheral equipment, which is gathered in order to facilitate software updates, technical support and/or other services provided to you, if any, related to the software. The Company shall be entitled to use this information for its own purposes and thus in order to improve the product, services and/or technologies it develops and/or provides, but it shall not provide personally identifying information about you.
Expiration of the License Agreement
Your rights with respect to this Software License will automatically expire and without any prior warning from the Company, if you fail to meet one and/or more of the terms of the License.
Upon expiration of the Software License and notice thereon from the Company – you must immediately stop any use of the software and destroy all copies, full or partial, of the software.
It is expressly stated that the use of the software is at your own risk, and that you assume upon yourself all risks regarding the quality, satisfaction, performance, accuracy in connection with the software. The software is distributed as it is and in its current condition (“as is”) without warranty of any kind, whether express, implied or anchored in law, including, but not limited to satisfaction with the product, enjoyment of the product, fitness to a particular purpose, lack of interference or infringement of third-party rights.
The Company is not responsible that: the software will meet your expectations, the operation of the software will be smooth and free of errors, the software will be compatible with products of third-party companies and/or that defects in the software will be corrected.
In no event shall apply to the Company (its managers, office holders, employees or consultants and other factors on its behalf) any liability including liability for direct, indirect, incidental, special or secondary damages including but not limited to, those resulting from loss of profits, loss of data, interruption in the course of business or any other kind of damage or commercial loss, resulting from the use or inability to use the software, and thus on the basis of liability, contract, tort or any other legal theory, whether a notice regarding the possibility of damages has been delivered or not.
This License constitutes the entire agreement between the parties regarding the use of the software and it cancels any existing understandings concerning the aforesaid subject matter. Any change or amendment to this License Agreement will not be binding unless presented in writing, signed by the Company. If it shall be determined that any part of this agreement is void and is unenforceable, it shall not affect the validity of the remaining part of this License Agreement which shall continue to remain in force and shall be enforceable in accordance with its terms.
The Company is entitled from time to time to change the provisions of the agreement. The new provisions of the agreement shall apply to you immediately upon being sent to you.
The Laws of the State of Israel shall govern the provisions of this agreement. The competent court to exclusively hear any matter in connection with this License is solely the Court in Rishon Lezion.