TERMS OF SERVICE
This Web site is provided to you free of charge, "as is," by Softorama. You are only authorized to use the Softorama Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully.
License & Use Restrictions
We reserve the right at our sole discretion to suspend, remove, or disable your access to Softorama at any time and without notice. In no event will we be liable for the suspension, removal of or disabling of your access to Softorama or to any feature available therein.
“Intellectual Property” – including any and all trade secrets, patents, copyrights, trademarks, service marks, URLs, trade dress, brand features, know-how, moral rights, contract rights, code (executable, source and other) and similar rights of any type under the laws of any applicable governmental authority, or international treaty, including, without limitation, all applications and registrations relating to any of the foregoing. Intellectual Property shall mean all intellectual property whether registered or not and whether reduced into practice or not.
The message on these Web sites may contain material that has been copied from another individual or entity. Please contact us if you believe someone has posted copyrighted information on a message contained on these Web sites.
You agree to indemnify and to hold Softorama ("Indemnifying Party") site harmless, and indemnify Softorama from and against any expenses (including attorney fees) arising from claims of third parties made against or incurred by the Indemnified Party as a result of negligence, misrepresentation, error or omission on the part of the Indemnifying Party or any employee, agent or representative of the Indemnifying Party, or any breach of this Agreement by the Indemnifying Party, regardless of whether such claims were foreseeable by the Indemnified Party. The Indemnified Party will have the right to participate, at its expense, in the defense of any claim covered hereunder with counsel of its own choosing. The Indemnified Party shall give the Indemnifying Party prompt notice of any such claim and shall reasonably cooperate with the Indemnifying Party and its counsel in the defense of such claim.
SOFTORAMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, ALL CONTENT ON THE SITE IS PROVIDED "AS-IS". SOFTORAMA DOES NOT WARRANT THAT THE LICENSED SITE IS ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SITE WILL MEET DISTRIBUTOR'S OR THE END CUSTOMER'S REQUIREMENTS.
IN NO EVENT SHALL SOFTORAMA, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, MEMBERS, ADVERTISERS, OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, DATA OR USE OF SYSTEMS, ARISING OUT OF (i) USE OF THE PRODUCT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, DEFECTS, MALFUNCTIONS, ERRORS OR OMISSIONS IN, ANY INFORMATION, CONTENT OR SOFTWARE ACCESSED VIA THE PRODUCT, OR (ii) ANY USE OR INABILITY TO USE THE PRODUCT FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE.
Limitation of Liability
WITHOUT LIMITING THE FOREGOING, NEITHER SOFTORAMA NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE PRODUCT, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (II) THAT THE PRODUCT WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE PRODUCT; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (VI) THAT THE PRODUCT IS NONINFRINGING. SOFTORAMA AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE SOFTORAMA AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF SOFTORAMA OR ANY OF ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF ISRAEL, WITHOUT REFERENCE TO ITS CONFLICTS OF LAW PRINCIPLES. The courts located in Tel-Aviv Israel SHALL have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement and each party hereby expressly consents to the personal jurisdiction of such courts. A determination that any term of this Agreement is invalid or unenforceable shall not affect the other terms thereof. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.