Terms And Conditions - Sugarman

SUGARMAN– END USER LICENSE AGREEMENT

This End-User License Agreement (the “Agreement”) is between (hereinafter: “You” or “Your”) on the one hand and Sugarman LY Ltd. on the other hand (“Sugarman”) and it governs your use of the Application. “Application” means the object code copy of the Sugarman Challanges software program licensed to You under the terms and conditions of this Agreement, including any revisions, corrections, modifications, enhancements and/or upgrades thereto, and any Content included therein.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ACCEPTING, AND/OR BEFORE DOWNLOADING OR INSTALLING OR USING THE APPLICATION. TAKING ANY STEP TO SETUP OR INSTALL THE APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. SUGARMAN RESERVES THE RIGHT TO REVISE THIS AGREEMENT UNILATERALLY BY POSTING AN UPDATED VERSION THEREOF ON ITS WEBSITE OR THE APPLICABLE APP STORE.
1. License. Subject to the terms and conditions of this Agreement, and subject to the payment of the applicable fees, it and to the extent applicable, Sugarman hereby grants You, and You hereby accept, a non-exclusive, non-sublicensable, non-transferable and fully revocable license to install and use the Application in mechanic-readable object-code form only. the Application is licensed to You solely for Your own private use. You acknowledge that the source code of the Application, and the underlying ideas or concepts are valuable intellectual property of Sugarman and You agree not to, except as expressly authorized in writing by Sugarman attempt to (or permit other third parties to) decipher, reverse translate, decompile, disassemble or otherwise reverse engineer or attempt to reconstruct the Application by any means whatsoever. You are not allowed (and will not allow any third party to) remove any copyright or other proprietary notices from this Application, copy or distribute any part of the Application in any medium; nor alter or modify any part of the Application.
2. Title and Intellectual Property. You acknowledge and agree that the Application and all rights title and interests in and to the Application, including without limitation, the text, content of text, software, scripts, graphics, form and the like, and the trademarks, trade secrets, service marks and logos contained and embodied therein and including all other associated intellectual property rights evidenced by or embodied in the Application, are and shall remain with Sugarman and are subject to copyright and other intellectual property rights under Israeli laws, foreign laws and international conventions. This Agreement does not convey to You an interest in or to the Application, but only a limited right of use, revocable in accordance with the terms and conditions of this Agreement. Nothing in this Agreement constitutes a waiver of Sugarman’s intellectual Property rights under applicable Law.
3. Third Party Software. If the Software contains any software provided by third parties, such third party software shall be subject to its applicable license and to the conditions found in separate license agreements as applicable, in the event that no such third party license agreements exist, the restrictions contained in this agreement shall apply on all such third party software mutatis mutandis.
4. User Content. Any and all information, data, text, graphics, logos, video, software, music or other materials that You post, upload, transmit, stream or otherwise make available through the Application (“User Content”) are your sole responsibility. You hereby warrant and represent that you are legally authorized and have all requisite licenses and permits to make such uses of the User Content, and that it does not infringe any third party intellectual property rights. User Content includes also any links to other websites or resources or other third party services. We do not claim ownership of the User Content and you or your licensors retain all right, title, and interest in and to this User Content. Sugarman explicitly disclaims any and all liability with respect to any User Content.
5. Term and Termination. This Agreement is effective until terminated by Sugarman. Upon any violation by You of any of the provisions of this Agreement, rights to use the Application shall automatically terminate. You may also terminate this Agreement at any time by uninstalling the Application; however, no refunds will be made. The provisions that are intended by their nature to survive the expiration or termination of this Agreement shall continue if force and effect following any termination of this Agreement.
6. Changes to the Service. Sugarman reserves the right, at its sole discretion, at any time to modify, improve and correct or discontinue, temporarily or permanently, the Application or any part thereof with or without notice. You agree that Sugarman shall not be liable to You or to any third party for any modification, suspension, ordiscontinuance of the Application.
7. User Profile; Compliance and Monitoring. In order to use the Application, You may be required to create a profile (the “Profile”) by submitting certain details and subsequently obtain from Sugarman access information (including user name, password, or otherwise, as applicable) in order to complete your registration process. You shall be required to provide certain information such as first name and surname, e-mail address, and other information which may be private information (the “Private Information”). Sugarman shall treat your Private Information in accordance to its Privacy Policy, available at www.sugarman.eu/privacy, which is hereby incorporated into this Agreement by reference. You must ensure that the details provided by You on registration or at any time are correct and complete. Password and Profile access details must be kept safe, secure and confidential at all times. You hereby release Sugarman from any and all liability for any losses and/or damages caused to You by any unauthorized access and/or use of your Profile. Although Sugarman will not be liable for such losses, You may be liable for the losses of Sugarman or others due to such unauthorized use.
8. Advertising Material. Sugarman may present, in the Application, advertisements for products and/or services, and/or other materials (the “Advertising Material”). Such Advertising Material may be personalized and assigned to individual Users. Such personalization may be based on information, including Private Information, retrieved by Sugarman resulting from User’s use of the Application. Sugarman hereby disclaims any and all liability arising from or in connection with such Advertising Material, their origin, contents, context, and any subsequent communications or transactions that you may undertake in connection with or following such Advertising Material.
9. Third Party Content and Services. The Application may contain content owned and developed by third parties. Sugarman disclaims any and all responsibility or liability with regards to any damages of any kind whatsoever resulting from such third party content or in connection with any infringement by any third party of any other third party’s intellectual property Rights. In as much as the Application contains links to websites which are not operated by Sugarman or in as much as a User is referred to third party websites or services, including without limitation third party billing and clearing services (the “Third Party Services”), Sugarman shall not bear any responsibility or liability with regards to any such Third Party Services, and in no event will Sugarman be liable in any way for any damages of any kind whatsoever resulting from or in connection with any such Third Party Services. Third Party Services are governed by their applicable licenses, to the extent applicable.
10. Limitation on Warranty. SUGARMAN DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE APPLICATION WILL BE ERROR FREE OR SECURE. THE APPLICATION IS LICENSED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, AND SUGARMAN DISCLAIMS ANY AND ALL WARRANTIES, WETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SUGARMAN DENIES ANY WARRANTY OR ANY GUARANTEE AS FOR THE ACCURACY, EFFICIENCY OR EFFICACY OR THE LIKE OF THE INFORMATION INCLUDED IN THE APPLICATAION. THE INFORMATION INCLIDED IN THE APPLICATION IS INTENDED TO SERVE AS AN AID FOR EDUCATION REGARDING HEALTHIER LIFESTYLE IN A PLAYFUL AND FUN WAY ONLY, AND IT MAY CONTAIN ERRORS AND OMMISSIONS AND MAY NOT BE ACCURATE, UP TO DATE, OR APPLICABLE/SUITABLE TO ALL USERS OF THE APPLICATION. IN NO WAY IS THE APPLICATION INTEDNED TO BE SCIENTIFICALLY ACCURATE AND COMPLEATE, NOR IS IT INTENDED TO REPLACE PROFESSIONAL CARE AND ADVICE. THE APPLICATION IS NUT CUSTOM TAILORED TO EACH USER AND YOU SHOULD CONSULT WITH A PROFESSIONAL PHISICAIN OR OTHER HEALTHCARE PROFESSIONAL WITH RESPECT TO YOUR OWN CONDITION AND CIRCUMSTANCES. NOTHING IN THE APPLICATION SHOULD BE REGARDED AS MEDICAL DIAGNOSIS OR PROFESSIONAL OPINION. SUGARMAN INDEMNITEES ARE AND SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE CAUSED TO YOU DUE TO ANY RELIANCE ON THE APPLICATION FOR MEDICAL, HEALTH OR NEUTRITION DECISION, DIAGNOSIS OR TREATMENT. ANY USE OR RELIANCE ON THE APPLICATION IS MADE AT YOUR OWN RISK AND YOU HEREBY RELEASE SUGARMAN INDEMNITEES FROM ANY WARRANTY OR LIABILITY THERETO.
11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL SUGARMAN OR ANY OF ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR CONSULTANTS (ALL, THE “SUGARMAN INDEMNITEES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATIONDAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF SUGARMAN INDEMNITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL PURPOSE. THIS LIMITATION IS AN ESSENTIAL PART OF THE AGREEMENT BETWEEN YOU AND SUGARMAN. IN NO EVENT WILL SUGARMAN INDEMNITEES BE LIABLE FOR ANY DAMAGES IN EXCESS OF 100$. YOU ACKNOWLEDGE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK, AND THAT SUGARMAN INDEMNITEES WOULD NOT HAVE PROVIDED THE APPLICATION EXCEPT UNDER THE TERMS OF THIS AGREEMENT.
12. Miscellaneous. You may not assign Your rights or obligations under this Agreement without the prior written consent of Sugarman. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the provisions of this Agreement shall remain in full force and effect. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. The laws of the state of Israel shall govern all issues arising under or relating to this Agreement, without giving effect to the conflict of laws principles thereof. All disputes arising under or relating to this Agreement shall be resolved exclusively in the appropriate Israeli court in Tel Aviv-Jaffa, Israel. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. This Agreement sets the entire understanding and agreement between You and Sugarman, it supersedes any prior proposal, representation and understanding concerning the Application.

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