END-USER LICENSE AGREEMENT

Last Updated: June 25, 2020

IMPORTANT: PLEASE READ THIS DOCUMENT IN ITS ENTIRETY

 

This End-User License Agreement (hereinafter, "Agreement") creates a legally binding Agreement between you, as an end user (hereinafter, "End User") of the licensor services, and the following licensor: Eran Barkai (hereinafter, "Licensor"). You will be referred to through second-person pronouns such as "you", "your" and "yours". Collectively, you and the Licensor may be referred to as the "Parties" and individually as "Party".

This license governs the use of the Licensor application software (hereinafter, "Application"), specifically:


Insecta Stickers – An iMessage and WhatsApp sticker package, designed for sending digital stickers through Apple iMessage application and WhatsApp application using iOS, iPadOS and macOS devices.

By accessing, downloading, installing, updating, or otherwise using the Licensor Application in any way, you agree to be bound by this Agreement in its entirety. If you do not agree, you must cease use of the Application immediately.



1. APPLICATION LICENSE


When you lawfully access the Application, whether through purchase or other lawful means, the Licensor grants you, subject to all of the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited, revocable personal license to use the Application ("License"). This License can be used on any Apple-branded products that you own or control and may be accessed and used by other Apple accounts associated with you via Family Sharing or volume purchasing in accordance to Apple’s App Store Terms of Service and Usage Rules. This License extends to the use of documentation, data, content, or information developed by the Licensor, and other materials which may assist in your use of the Application as well as upgrades provided by the Licensor that replace or supplement the original Application, unless such an upgrade is accompanied by a revised Agreement. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Application and, if you sell your Apple Device to a third party, you must remove the Application from the Apple Device before doing so. This License may not be used for any business or commercial purposes. This License shall be applicable to all lawful End Users of the Application, unless a separate written agreement has been executed between you and the Licensor.



2. TERM AND TERMINATION


This Agreement shall remain in effect until terminated by you or the Licensor. The Licensor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice or liability to you. This Agreement will terminate immediately, without prior notice from the Licensor and without liability to you, in the event that you fail to comply with any provision of this Agreement. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile devices and from your computer. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile devices and from your computer.



3. LICENSE FEE

The License is provided in conjunction with the purchase of the Application. The fee will be displayed to you prior to your purchase of the Application.



4. PRIVACY POLICY


By accepting this Agreement, you acknowledge that you also accept the Licensor Privacy Policy which can be found at the following link: https://www.eranbarkai.com/privacy



5. INTELLECTUAL PROPERTY


You agree that the Application, the Licensor website and all services provided by the Licensor are the property of the Licensor, including all copyrights, trademarks, trade secrets, patents, designs, illustrations, logos and other intellectual property ("Licensor IP"). You agree that the Licensor owns all right, title and interest in and to the Licensor IP and that you will not use the Licensor IP for any unlawful or infringing purpose. You agree not to reproduce, modify, create derivative works or distribute the Licensor IP in any way, including mass media, printed materials, commercial goods, electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Licensor.



6. ACCEPTABLE USE


You agree to use this Application only for the purpose that it was meant to be used. Any other misuse or unlawful purpose is strictly prohibited. You agree not to use the Application in any way that could damage the Licensor Application, website, services, business or the Licensor in general.


You further agree not to use the Application:


a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;


b) To violate any intellectual property rights of the Licensor or any third party;


c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;


d) To perpetrate any fraud;


e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;


f) To publish or distribute any pornographic material;


g) To publish or distribute any material that incites violence or hate;


h) To unlawfully gather information about others.



7. REVERSE ENGINEERING & SECURITY


You agree not to undertake any of the following actions:


a) Reverse engineer, or attempt to reverse engineer or disassemble the Application or any code within or related to the Application or the Licensor website;


b) Violate the security of the Application through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;


c) Copy or otherwise distribute copies of the Application unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.



8. MAINTENANCE & SUPPORT


The Licensor will be responsible for maintenance and support of the Application. Contact information is provided below.



9. INDEMNIFICATION


You agree to defend and indemnify the Licensor and any of its affiliates (if applicable) and hold the Licensor harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Application, your breach of this Agreement, or your conduct or actions. You agree that the Licensor shall be able to select its own legal counsel and may participate in its own defense, if the Licensor wishes.



10. SPAM POLICY


You are strictly prohibited from using the Application or any of the Licensor services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.



11. SERVICE INTERRUPTIONS


The Licensor, Apple or WhatsApp may need to interrupt access to the Application to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Application may be affected by unanticipated or unscheduled downtime, for any reason, but that the Licensor shall have no liability for any damage or loss caused as a result of such downtime.



12. NO WARRANTIES


You agree that your use of the Application is at your sole and exclusive risk and that the Application is provided on "As Is" basis. The Licensor hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Licensor makes no warranties that the Application will meet your needs or that access to the Application will be uninterrupted or error-free. The Licensor also makes no warranties as to the reliability or accuracy of any information contained within the Application. You agree that any damage that may occur to you, through your mobile device or your computer system, or as a result of loss of your data from your use of the Application is your sole responsibility and that the Licensor is not liable for any such damage or loss.



13. LIMITATION ON LIABILITY


The Licensor is not liable for any damages that may occur to you as a result of your use of the Application, to the fullest extent permitted by law. The maximum liability of the Licensor arising from or relating to this Agreement is limited to no more than one ($1) US Dollar. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.



14. CONSENT TO USE OF DATA


You agree that the Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.



15. EXTERNAL SERVICES


The Application may enable access to the Licensor and/or third-party services and websites (collectively and individually, "external services"). You agree to use the external services at your sole risk. The Licensor is not responsible for examining or evaluating the content or accuracy of any third-party external services, and shall not be liable for any such third-party external services. data displayed by any licensed application or external service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by the Licensor or its agents. You will not use the external services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of the Licensor or any third party. you agree not to use the external services to harass, abuse, stalk, threaten or defame any person or entity, and that the Licensor is not responsible for any such use. External services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such external services, you are solely responsible for compliance with any applicable laws. The Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any external services at any time without notice or liability to you.



16. THIRD PARTY COPYRIGHT & LIABILITY


Some parts of the application code relating to WhatsApp stickers export are based on modified WhatsApp Stickers software under BSD License and are held to the following conditions:


Copyright (c) WhatsApp Inc. and its affiliates. All rights reserved.


This software is provided by the copyright holders and contributors "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed.

In no event shall the copyright holder or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.



17. LEGAL COMPLIANCE


You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. 



18. GOVERNING LAW & JURISDICTION


This Agreement and the interpretation, validity and breach thereof shall be governed by the laws of the State of Israel, without regard to its choice of law rules. Any dispute or claim arising out of or in connection with this Agreement or the Licensor relationship with the End User. Shall be submitted to the competent courts in Tel-Aviv, Israel, which shall have sole and exclusive jurisdiction over such matter, to the exclusion of the jurisdiction of all other courts. Notwithstanding the above, you agree that the Licensor shall still be allowed to apply for and obtain injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.



19. CLASS ACTION WAIVER


To the fullest extent permitted by applicable law, you and the Licensor each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action.



20. SEVERABILITY & VALIDITY


In the event that any provision of this Agreement is held by the court to be invalid or unenforceable, for any reason whatsoever, all of the remaining provisions contained in this Agreement shall remain in full force and effect and shall remain binding without any change; furthermore, if all or part of the provisions of this Agreement shall be held to be invalid or unenforceable by reason of exceeding the extent and/or scope allowed by law, such exceeding provisions shall be reduced to the maximum extent and/or scope allowed by law.



21. ASSIGNMENT


This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Licensor, the rights and liabilities of the Licensor will bind and inure to any assignees, administrators, successors, and executors.



22. HEADINGS FOR CONVENIENCE ONLY


Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.



23. THIRD PARTY BENEFICIARY


You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right and will be deemed to have accepted the right to enforce the Agreement against you as a third party beneficiary thereof.



24. FORCE MAJEURE


The Licensor is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.



25. CONTACT INFORMATION


Electronic communications are permitted to both Parties under this Agreement, including e-mail or website. If you have any questions about this Agreement, please fill in the contact section at https://www.eranbarkai.com

 

© 2020 Eran Barkai