EULA

Updated: September 09, 2020

These Terms and Conditions govern your use of our installer and the Software/extension offered to be installed (respectively "Product" and "Software/extension" and constitutes a legally binding agreement between you (user or you) and us Tabatoo ("we", "us" or "our").

Acceptance of The Terms and Conditions

Please read these Terms and Conditions thoroughly before using the Product and installing the Software/extension. By using the Product, installing or using the Software/extension you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms and Conditions constitute a binding and enforceable legal agreement between us and you. If you do not agree with these Terms and Conditions, you may not use our Product and Software/extension.

The Services

Our Product performs and optimizes the installation of the Software/extension developed, published by us or licensed to us by third parties. Please be aware that the Software/extension may change the default search feed provider you set on your device, home page or computer repair Software/extension, etc. You are entitled to accept or decline the installation of any Software/extension offered through the Product and may decide to cancel the installation of a certain Software/extension. The Software/extension will be installed solely upon your approval. By clicking the applicable approval button, you grant us permission to install the Software/extension on your device, which may include additional components required to execute such Software/extension, as will be determined by us.

You may stop the installation of the Software/extension with the designated button available in it, however, we may disable your ability to stop the installation in certain stages. Please be aware that stopping the installation process in certain stages, not by using the designated button, may result in damage to your device. In such case we shall not be responsible or liable in any manner. Moreover, installation that was stopped or interrupted prior to completion, may cause residual data or Software/extension remaining on your device which can be removed manually, including a desktop application to continue installation from interruption.

Please be aware that the Product may include links to third party's services and/or the third party's services/Software/extension. The install and use of these third parties' services or Software/extension are governed by their terms and policies, and we advise you to carefully review them. We do not endorse, warrant, guarantee or responsible for any third party's service and Software/extension, even of third parties who offers products or services through the Product or Software/extension. We do not guarantee the appropriate use of any particular third party's services. We do not monitor or control any third-party's services or Software/extension, and will not be responsible or liable for any injury, loss or damage of any sort incurred as a result of use of or access to any such third party's services or Software/extension.

License Grant and Intellectual Property Rights

Subject to your compliance with this Terms and Conditions, we hereby grant you a personal, limited, revocable, non-transferable, non-sub-licensable and non-exclusive right to use the Product and install and use the Software/extension, all subject to your lawful and non-commercial use of the Product and the Software/extension. The license granted hereunder is limited to the above, and therefore, you may not allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for sale, transferred or sub-licensed in whole or in part to any third party.

You acknowledge that all right and interest in the Product's and Software/extension's, including any intellectual rights, such as (but not limited to) trademarks, service marks, components, code, protocols, Software/extension and documentation as well as any derivatives thereof or improvements and modifications, evidenced by or embodied in or attached, connected, related to the Product or Software/extension, are our property or the property of our licensors, and are protected by international copyrights, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Product and Software/extension. Except as expressly granted herein, we retain all right, title and interest in and to the Product and Software/extension.

Representations, Warranties and Restrictions of Use

You hereby represent and warrant that:

you are eligible to be bound by these Terms and Conditions;
you have all proper authorization, if you are acting on behalf of a corporation or any third party, to engage in these Terms and Conditions.
you are of legal competence to enter into these Terms and Conditions and you are at least sixteen (16) years.
you are either the owner or an authorized user of the device in which the Software/extension is installed.
you will install Software/extension and use the Product only in accordance with our instructions and these Terms and Conditions.
you will use the Product and Software/extension in full compliance with all applicable laws, rules and regulations.

Except as expressly provided under these Terms and Conditions, you may not, nor may not enable others to, directly or indirectly:

copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Product and Software/extension or any part thereof, including any source code underlying therein;
circumvent, disable or otherwise interfere with security of the Product and Software/extension, or interfere, in any manner, with others' use of the Product or Software/extension;
use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available within the Product or Software/extension, or to manipulate the Product or Software/extension in any manner;
remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights;
use our name, logo or trademarks without our prior written approval; or
use the Product or Software/extension for any fraudulent or illegal purpose, or in breach of these Terms and Conditions.
copy, sell, lease, share, sublicense or distribute the Product or Software/extension and the license to use the Product and Software/extension granted herein, or otherwise commercially exploit the Product and Software/extension;
attempt to derive the source code of the Product or Software/extension;

Disclaimer and Limitation of Liability

EXCEPT AS PROVIDED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE PRODUCT AND SOFTWARE/EXTENSION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES AND CONDITIONS RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE PRODUCT AND SOFTWARE/EXTENSION. THE PRODUCT AND SOFTWARE/EXTENSION ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF AND RELIANCE ON THE PRODUCT AND SOFTWARE/EXTENSION OR ANY INFORMATION OR FEATURE PROVIDED THEREIN ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE PRODUCT AND SOFTWARE/EXTENSION. WE MAKE NO WARRANTY THAT THE PRODUCT AND SOFTWARE/EXTENSION WILL BE AVAILABLE ON A CONTINUOUS BASIS, SECURED, FREE OF VIRUSES, WORMS, BUGS, OTHER HARMFUL COMPONENTS, OR PROGRAM LIMITATIONS. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS.

YOU EXPRESSLY ACKNOWLEDGE AND CONFIRM THAT IN NO EVENT WE NOR, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERSR SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING FROM, OR RELATED TO THE PRODUCT OR SOFTWARE/EXTENSION OR YOUR USE OR INABILITY TO USE THE PRODUCT OR SOFTWARE/EXTENSION. OUR LIABILITY SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE, OR TEN US DOLLARS (10$), THE LESSER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Our Privacy Practices

By using the Product and Software/extension, you enable us, or third parties to access, use, and collect information related to your use of the Product and Software/extension. Our policies in connection collection, use and disclosure of your information are addressed in our Privacy Policy, available at: Privacy Policy, which is an integral part of these Terms and Conditions. We encourage you to periodically review our Privacy Policy.

Indemnification

You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your violation and/or breach of any term of these Terms and Conditions; and (ii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Product or Software/extension (including your violation of any third party rights).

Updates and Changes to The Product and Software/extension

We may, from time to time at our sole discretion, change, modify, add or remove features and functionality of the Product and Software/extension. Please note, such changes will not be subject to a notice.

In addition, we reserve the right to discontinue some or all of the features of the Product and Software/extension at any time, at our sole discretion (including the provision of any updates, upgrades, or bug fixes). We have no obligation to provide you with any features, functionality, upgrades or bug fixes. You agree that we shall not be liable to you, or to any third party, for any modification, suspension or discontinuance of our Product or Software/extension, or any portion thereof. If you are dissatisfied with the Product or Software/extension, your sole option is to discontinue and terminate your use of the Product and Software/extension.

Termination

We may terminate your access to Product or Software/extension at any time, with or without cause and with or without notice, effective immediately.

Any termination may result in the destruction of all information and data associated with your use of the Product or Software/extension. Upon termination, all licenses and other rights granted to you under these Terms and Conditions will immediately cease. We are not liable to you or any third party for termination of the operation of the Product and Software/extension. The provisions of these Terms and Conditions, which by their nature should survive any such action on our part, shall survive.

Changes of These Terms and Conditions

We may change the terms of these Terms and Conditions from time to time, and without any notice. We will make best efforts to provide a notification regarding what we believe are material changes of these Terms and Conditions, at our sole discretion. All changes to these Terms and Conditions are effective as of the stated "Updated" date and your continued use of the Product and Software/extension following the Updated date will constitute acceptance of, and agreement to be bound by, those changes.

General

These Terms and Conditions, constitutes the entire agreement between the parties with respect to the use of the Product and Software/extension.

These Terms and Conditions and any dispute arising in connection with the Product and Software/extension shall be governed by the laws of the State of Israel, without regard to the conflicts of laws principles thereof. You hereby submit to the exclusive jurisdiction and venue of the applicable court in Tel Aviv, Israel.

If any provision of this these Terms and Conditions is held to be void, invalid or inoperative, the remaining provisions of these Terms and Conditions shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.

Neither course of dealing nor any delay in exercising any rights hereunder shall be considered as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.

No failure or omission by us in the performance of any obligation under these Terms and Conditions shall be deemed a breach nor create any liability if the same shall arise from any cause or causes beyond our reasonable control, including but not limited to the following: acts of God, acts or omissions of any government or any officer, department, agency or instrument thereof; fire, storm, flood, earthquake, accident, acts of the public enemy, war, rebellion, failure of telecommunication services, public utilities, or an internet brown out, insurrection, riot, invasion, strikes, or lockouts.

We may assign our rights under these Terms and Conditions to any third party at our sole discretion.

Contact Information.

If you have any questions with respect to these Terms and Conditions, Product or Software/extension please contact us at:
Tabatoo
answers@tabatoo.com
11 Hamenofim St. Herzliya 4672562, Israel