In these Terms and Conditions of Use, “Company” means eyesight Mobile Technologies Ltd.; “Distributor” means any third party (that is not the Company) from which You purchased the Device; “End-User“/“You” means the person or entity who purchased the Device and/or downloaded the Application; “Product” means Singlecue Device (the “Device”), or any of the products in this series (including any spare parts, components, Software and Documentation, all- as defined hereunder) and the Application; “Website” means the Company’s site or any sub-site at www.188.8.131.52; “Terms” means these Terms and Conditions; “Contract Price” means the price payable to Company by End-User for the Device.
THE TERMS; ACCEPTANCE:
- These Terms are a legal agreement between you, an End-User of the Product and/or of the Application, and the Company. You are deemed to accept these terms (directly or by your representative) upon clicking or tapping an acceptance button or checking an acceptance box online or in the Application, or similar act of acceptance (“Acceptance”).
- The purchase and use of the Product is subject to these Terms. As of Acceptance by End-User, no terms or conditions, representations or warranties other than those set forth herein, shall be binding on Company.
- Application. These Terms concern the proprietary software application as developed, operated, maintained, and released by the Company, enabling You to install, configure, control and update the Device (the “Application“). It is clarified that the Application may be updated or changed from time to time, by way of adding or removing functions, according to the Company’s discretion, without any liability towards You. Any change or amendment of the functionality of the Product shall be evident in the Application page on the respective mobile application marketplace (e.g., Google Play or App Store).
- License. You are hereby granted a limited, revocable, non-exclusive, non-transferable license, to access, download, and use the Application subject to and in accordance with the terms and conditions set forth herein (the “License“).
- You will not copy or distribute any part of the Application (b) you will not alter or modify any part of the Application (c) you will not attempt in any way to decipher, reverse translate, decompile, disassemble or otherwise reverse engineer or attempt to reconstruct the Application (d) You will not circumvent, disable or otherwise interfere with any features of the Application, and specifically security related features of the Application.
- Warranty Disclaimer. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Application and your use thereof, including, without limitation, its merchantability and fitness for a particular cause. The Application may contain defects, might fail to comply with applicable specifications, might not perform (or perform correctly) on certain operating systems, and might produce unintended or erroneous results. In addition, the Company does not warrant that the Application or any content transmitted through the Application shall be free of bugs, viruses, Trojan horses, or the like. Any damage caused by the use of the Application and/or the Product, including without limitation, any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Product, is your sole responsibility. The Company expressly and to the maximum extent permitted by law, disclaims any and all liability in connection thereto. Those who access or use the Application may do so at their own free will and are responsible for compliance with local law.
- System Requirements; Incompatibility.
- It is End-User’s responsibility to check the product package and Website for technical system requirements in order for the Device to operate and ensure that End-User’s facilities are suitable for use with the Device.
- Company shall not be liable for any expenses incurred to End-User on account of the Device and Services not compatible to the End-User’s systems.
- Returns and Cancellations
Unless you purchased the Product from a Distributor, all returns and cancelations shall be governed by the Company’s return policy, as posted on the Website.
- Defects and Warranty:
- Company warrants, subject to the other provisions of the Terms, good title to and the legal and compliant (with any applicable laws and the terms and conditions of these Terms) use of the Device, that (i) the Device shall conform with Company’s substantial specifications and be free of material defects in materials and workmanship and (ii) Company will make good, by repair or at Company’s option by the supply of a replacement part or parts, any defects which, under proper use, care and maintenance, appear in Device and which are reported to Company within 12 calendar months from the date of delivery of the Device to End-User (the “Warranty Period“) and which arise solely from faulty materials or workmanship: provided always that defective items are returned to Company at End-User’s cost (delivery and insurance) within the Warranty Period. Device repaired, replaced or corrected in accordance with this Clause shall be subject to the foregoing warranty for the unexpired portion of the Warranty Period or for ninety days from the date of their return to End-User, whichever expires the later. It is clarified that Products purchased from a Distributor of the Company may be provided with warranty provisions or such other terms of sale that are different from those provided herein. To the extent that you are provided with such warranty or terms of sale by such Distributor that differs from those provided herein, then the terms and conditions of sale or warranty, as applicable, by such third party shall prevail.
- Any third party Product or services sourced by Company shall carry only the warranty extended by such third party.
- The warranty does not apply to any defects caused by: fair wear and tear; non-compliance with Company’s storage, installation, operation or environmental requirements as appear in the Device’s manual; lack of proper maintenance; any modification or repair not made by Company or an authorized service provider authorised by Company in writing; any use of non-authorised software or spare or replacement parts. The Warranty further excludes breakage damages (as a result of falling, or any kind of collision, for example). Company’s costs incurred in investigating and rectifying such defects shall be paid by End-User upon demand. End-User shall at all times remain solely responsible for the adequacy and accuracy of all information supplied by End-User. The foregoing constitutes Company’s sole warranty and End-User’s exclusive remedy for breach thereof.
- Warranty Disclaimer. Company disclaims all warranties of any kind, whether express, implied, statutory, or in any communication with You. Company specifically disclaims any warranty including the implied warranties of merchantability, no-infringement, or fitness for a particular purpose. The Devices are provided “AS-IS.” Company does not warrant that the Device will meet your requirements, or that the Device is of satisfactory quality, merchantability, fitness for any particular purpose, that the operation of the Device will be uninterrupted or error free, or that defects in the Device will be corrected or any other matter with respect to the Device. Company makes no warranty with respect to the correctness, accuracy, or reliability of the Software and Documentation.
LIMITATION OF LIABILITY:
- NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY DAMAGES, EXPENSES, LOSSES WHATSOEVER, RESUTING FROM ANY USE OF THE PRODUCT IN A MANNER THAT IS NON-COMPLIANT WITH COMPANY’S STORAGE, INSTALLATION, OPERATION OR ENVIRONMENTAL REQUIREMENTS AS THEY APPEAR IN THE PRODUCT’S MANUAL.
- COMPANY’S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES (INCLUDING LEGAL EXPENSES), DAMAGES, CLAIMS OR ACTIONS INCURRED UNDER OR IN CONNECTION WITH THESE TERMS, ARISING IN OR BY VIRTUE OF BREACH OF TERMS, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, BREACH OF STATUTORY DUTY, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED: (I) TWICE THE PRICE OF THE DEVICE FOR INJURY, LOSS OF OR DAMAGE TO PHYSICAL PROPERTY, AND (II) IN ALL OTHER CASES, THE PRICE PAID FOR THE DEVICE; REGARDLESS WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT, AND REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, IN NO EVENT SHALL COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PRODUCT FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF ANTICIPATED SAVINGS; INCREASED COSTS OF ANY KIND; LOSS OF BUSINESS; LOSS OF TERMS; LOSS OF GOODWILL OR REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, HOWSOEVER CAUSED AND WHETHER ARISING IN OR BY VIRTUE OF BREACH OF TERMS, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION; BREACH OF STATUTORY DUTY, STRICT LIABILITY; OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE, REGARDLESS WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT, AND REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- NOTHING IN THESE TERMS SHALL EXCLUDE, OR IN ANY WAY LIMIT, COMPANY’S LIABILITY, TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LIMITED OR EXCLUDED AS A MATTER OF LAW.
TITLE; DOCUMENTATION AND SOFTWARE:
- Subject to the restrictions set forth hereunder, End-User is hereby granted a non-exclusive, royalty-free licence to use the Software, Documentation and the Application, solely in conjunction with the Product. No rights in intellectual property are hereby granted.
- Portions of the Product are protected by copyright laws, international treaty provisions, and other applicable laws. Therefore, End-User must treat the Product like any other copyrighted material (e.g., a book or musical recording). Inter alia, End-User shall not, and shall not permit others to: (i) modify, translate, decompile, reverse engineer, disassemble, or extract the inner workings of the Software or Documentation, (ii) copy the look-and-feel or functionality of the Software or Documentation; (iii) remove any proprietary notices, marks, labels, or logos from the Software or Documentation; (iv) rent or transfer all or some of the Software or Documentation to any other party without Company’s prior written consent; or (v) utilize any computer software or hardware which is designed to defeat any copy protection device, should the Product be equipped with such a protection device. Without derogating from any other right of the Company to take any other legal action to protect such rights, unauthorized copying of the Software or Documentation, or failure to comply with any of the provisions of these Terms, will result in automatic termination of this license.
- You agree not to make any use in the Company’s trademarks, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
STATUTORY AND OTHER REGULATIONS:
- If Company’s obligations under the Terms shall be increased or reduced by reason of the making or amendment after the date of Company’s quotation of any law or any order, regulation or by-law having the force of law that shall affect the performance of Company’s obligations under the Terms, the Contract Price and delivery period shall be adjusted accordingly and/or performance of the Terms suspended or terminated, as appropriate.
- Except to the extent otherwise required by applicable law, Company shall have no responsibility for the collection, treatment, recovery or disposal of (i) the Device or any part thereof if and when they are deemed by law to be ‘waste’ or “dangerous waste” (ii) any items for which the Device or any part thereof are replacements. If Company is required by applicable law, to dispose of ‘waste’ or “dangerous waste” Device or any part thereof, End-User shall, unless prohibited by applicable law, pay Company, in addition to the Contract Price, either (i) Company’s standard charge for disposing of such Device or (ii) if Company does not have such a standard charge, Company’s costs (including all handling, transportation and disposal costs and a reasonable mark-up for overhead) incurred in disposing of such Device.
CONSENT TO THE USE OF INFORMATION.
SERVICE AND SUPPORT:
As of receipt of the Device, You will be able to contact Company through a designated online/hotline for service and support regarding the use of the Device, details of which shall be provided to You on the Website and the Application. Without prejudice to the Warranty set forth in these Terms, Company will do its best to respond within a reasonable time, however, excluding any obligations under the warranty, Company does not undertake that all or any of your requests or inquiries will be catered or solved to your satisfaction, and all service and support are subject to Company’s sole discretion.
The Product (including the Application) may automatically download and install (or You will be automatically offered to download and install) updates from time to time from Company’s Website or any other online location designated by Company. These updates are designed to improve, enhance and further develop the Product and may include bug fixes, enhancements, new software modules, version updates, and the like. You agree to receive such updates (and permit Company to prompt such updates to you), however you agree and understand that Company is not obligated to indeed distribute such updates to the Product’s software or to the Application itself.
- No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound.
- If any clause of the Terms, sub-clause or other provision of the Terms is invalid under any statute or rule of law, such provision, to that extent only, shall be deemed to be omitted without affecting the validity of the remainder of the Terms.
- PRODUCT AND SERVICES PROVIDED HEREUNDER ARE NOT SOLD OR INTENDED FOR USE IN ANY NUCLEAR OR NUCLEAR RELATED APPLICATIONS NOR IN ANY MILITARY USE OR MILITARY REALTED APPLICATIONS. End-User accepts the foregoing restriction, and agrees to defend, indemnify and hold harmless Company, its affiliates, directors, shareholders, employees, consultants and agents from any and all claims, losses, liabilities, suits, judgements and damages, including incidental and consequential damages, arising from use of Product in any nuclear ,nuclear related, military, or military related applications, whether the cause of action be based in tort, contract or otherwise, including allegations that the Company’s liability is based on negligence or strict liability.
- The Terms shall in all respects be construed in accordance with the laws of the state of Israel, without giving effect to conflicts of law principles thereof, and only the competent courts in Tel-Aviv, Israel, shall have jurisdiction in any conflict or dispute arising out of these Terms. These Terms will not be governed by the U.N Convention on Contracts for the International Sale of Product.
- The headings to the Clauses and paragraphs of the Terms are for guidance only and shall not affect the interpretation thereof.
- All notices and claims in connection with the Terms must be in writing.
- Company may make changes to the Terms from time to time. When these changes are made, Company will make a new copy of the Terms available at 184.108.40.206/terms-of-use. End-User understands and agrees that the use of the Product (including the Application) after the date on which the Terms has changed, shall be construed as acceptance of the updated Terms.
- This English version of the Terms shall supersede in any case of conflict between these Terms and any translation thereof.
- These Terms or the updated version thereof shall constitute the entire agreement between End-User and the Company with respect to the Product.