SoliCall Pro 1.7.55

EULA - End User License Agreement

SoliCall is willing to license the Software to you upon the condition that you accept all the terms and conditions contained in the Agreement.
By downloading the Software, you have indicated that you understand the Agreement and accept all of its terms.

AGREEMENT AND TERMS

This Agreement (herein thereafter referred to as the "Agreement") is made between SoliCall Ltd. ("Company"), and the individual who downloads and/or uses this software ("User")).

RECITALS
A. Company is offering a version of SoliCall software product, hereafter referred to as the "Software".
B. Company and User desire to have User use the Software, subject to and in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, the parties hereby agree as follows:

1. GRANT OF RIGHTS

1.1 Grant of Software License. Subject to User's compliance with the terms and conditions of this Agreement, Company hereby grants to User a limited, nonexclusive, nontransferable,
revocable license, during the term of this Agreement, to use the Software, in object code form, solely for personal use.

1.2 Restrictions. User acknowledges that the Software contains trade secrets of Company, and, in order to protect such trade secrets and other interests that Company may have in the Software,
User will not: (a) modify, alter or improve the Software; (b) rent, lease, license, sublicense, loan, resell, transfer, distribute or otherwise make the Software available to any third party;
(c) reverse engineer the Software (or any component thereof), or decompile or disassemble Software, or authorize a third party to do any of the foregoing;
or (d) mortgage, pledge or encumber the Software in any way. User will not copy the Software, except as strictly necessary to use the Software in accordance with the terms of Section 1.1.
User will reproduce all of Companys copyright notices and any other proprietary rights notices on all copies of the Software that User makes hereunder.
The Software contains a software key that, after a trial period, disables the Software until a legal licensed key is entered.
User represents and warrants that it is not a competitor of Company, employee of any competitor or working with a competitor of Company,
agent or representative of a competitor of Company.

1.3 Delivery and Installation. Company will deliver the Software to User promptly following the execution of this Agreement by both parties. User will be responsible for installing the Software.
At Users request, Company will provide reasonable assistance to User in connection with such installation.

1.4 Limited Rights. User's rights in the Software will be limited to those expressly granted in Section 1.1. Company reserves all rights and licenses not expressly granted to User under this Agreement.

2. FEEDBACK.

All feedback, comments, and suggestions for improvements that User provides to Company hereunder, are referred to collectively as "User Feedback."

3. OWNERSHIP.

User acknowledges and agrees that all User Feedback will be the sole and exclusive property of Company and that Company, at its sole discretion, may publish User Feedback.
User hereby irrevocably transfers and assigns to Company and agrees to irrevocably assign and transfer to Company all of User's right, title, and interest in and to all User Feedback,
including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, "Intellectual Property Rights") therein.
As between the parties, Company owns all right, title, and interest in and to the Software, including all Intellectual Property Rights therein, even if Company incorporates any User Feedback into subsequent versions of the Software and/or Hardware.
User will not earn or acquire any rights or licenses in the Software or in any Company Intellectual Property Rights on account of this Agreement or User's performance under this Agreement.

4. DISCLAIMERS.

4.1 Warranty Disclaimers. User acknowledges that the Software is being provided "AS IS." COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

4.2 Acknowledgment of potential risks in Software. User acknowledges and agrees that: (a) the Software may not operate properly, be in final form or fully functional;
(b) the Software may contain errors, design flaws or other problems; (c) it may not be possible to make the Software fully functional; (d) the information obtained using the Software may not be accurate; (e) use of the Software may result in unexpected results,
loss of data or communications, project delays or other unpredictable damage or loss; (f) Company is under no obligation to release fixes to the Software; and (g) Company has the right unilaterally to abandon development of the Software,
at any time and without any obligation or liability to User.

4.3 User Data. User acknowledges and agrees that it should not rely on the Software for any reason. User further acknowledges and agrees that it is solely responsible for maintaining and protecting all data, content and information that is stored,
retrieved or otherwise processed by the Software in specific and on the Users computer in general. Without limiting the foregoing, User will be responsible for all costs and expenses required to backup and restore any data, content and information
that is lost or corrupted as a result of User's use of the Software.

5. LIMITATION ON LIABILITY.
IN NO EVENT WILL COMPANY BE LIABLE TO USER OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SOFTWARE OR FOR ANY ERROR OR DEFECT IN THE SOFTWARE OR ANY COMPONENT THEREOF, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.

6. TERM AND TERMINATION.

6.1 Term. The term of this Agreement will be for a period of fourteen (14) days, unless sooner terminated as provided below. At the end of the fourteen (14) day period, if a legal license is purchased, the Agreement shall be renewed, unless terminated as provided below.

6.2 Termination. Either party may terminate this Agreement at any time, with or without cause.

6.3 Effect of Termination. Upon any termination or expiration of this Agreement: the rights and licenses granted to User under this Agreement will automatically terminate; and after any such termination or expiration,
User will, at its expense, return to Company or destroy all copies of the Software and any other Confidential Information in User's possession or control.

6.4 Survival. The provisions of Sections 2, 3, 4, 5, 6.3, 6.4 and 7 will survive any termination or expiration of this Agreement.

7. GENERAL PROVISIONS.

7.1 Legality. Recording conversations without other parties consent may be illegal in certain jurisdictions; With this regard, User acknolowedegs that it has the sole respobsibility not to break any law that is applicable.
It is Users responsibility to comply with all relevant laws in force in his/her current location. SoliCall will not be held responsible in any way for any action resulting from the use of its software in territories where recording conversations without consent is illegal.

7.2 Assignment. User may not assign this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Company. Any attempted assignment without such consent will be null and of no effect.

7.3 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the state of Israel.
The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively before the courts of Tel-Aviv, Israel,
and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

7.4 Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law,
and the remaining provisions of the Agreement will remain in full force and effect.

7.5 Waiver. The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default.

7.6 Entire Agreement. This Agreement constitutes the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersede any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter.