End-User License Agreement

 

Last updated: April, 2024

 

Please read this End-User License Agreement carefully before downloading or using Star Photonics Software.

 

Interpretation and Definitions

 

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

For the purposes of this End-User License Agreement:

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Star Photonics Ltd., 30 Rashi, Tel Aviv 6326520, Israel.

• Program means the software program named Star Photonics Software and provided by the Company and downloaded by You to a Device.

• Device(s) means any device(s) that can access the Program such as a computer, a laptop or a digital tablet within the license purchased.

• You means End-User, i.e., the company or a legal entity using the program.

• Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Program.

• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

• Country refers to: Israel.

• Services refer to maintenance and/or support that may be included in the license, or purchased in appropriate way.

 

Acknowledgment

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When downloading or using the Program, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download or do not use the Program.

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This Agreement is a legal document between You and the Company and it governs Your use of the Program made available to You by the Company. The Agreement is deemed concluded between You and the Company from the moment of Your download and/or use of the program.

 

License

 

Scope of License

The Program is licensed to You by the Company for use strictly in accordance with the terms of this Agreement.

The Company grants You a non-revocable, non-exclusive, non-transferable, limited license in accordance with the terms of this Agreement.

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License Restrictions

Without our permission the following are not allowed:

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Program.

• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Program.

• Sublicense the use of Program to any third party.

 

Intellectual Property

 

The Program, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

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Your Suggestions

 

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Program shall remain the sole and exclusive property of the Company.

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The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

 

Modifications to the Program

 

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the new program licenses or any new related Services, with or without notice and without liability to You.

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Updates to the Program

The Company may from time to time provide enhancements or improvements to the features/functionality of the Program, which may include patches, bug fixes, updates, upgrades and other modifications.

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Updates may modify or delete certain features and/or functionalities of the Program. Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Program to You, except to keep on purchased licenses running within the boundaries of Services included or purchased.

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You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Program, and (ii) subject to the terms and conditions of this Agreement.

 

Maintenance and Support

The Company will provide maintenance or support from time to time for the download and use of the Program. To the extent that any maintenance or support is required by applicable law, the Company shall be obligated to furnish any such maintenance or support.

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Term and Termination

 

This Agreement shall remain in effect until terminated by You or the Company.

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This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Program and all copies thereof from your Device.

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Upon termination of this Agreement, You shall cease all use of the Program and delete all copies of the Program from your Device.

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Termination of this Agreement will not limit any of the Party's rights or remedies at law or in equity in case of breach by the other Party of any of its obligations under the present Agreement.

 

Indemnification

 

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to arising out of your: (a) use of the Program; (b) violation by You of this Agreement in any applicable law or regulation.

 

No Warranties

 

The Program is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Program, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Program will meet your requirements, achieve any intended results, be compatible or work with any other software, Programs, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

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The Company will do its best to support and maintain the Program to work in stable mode and gives the warranty on such support during the license purchased. Still and without limiting the foregoing, the Company makes any representation or warranty, express or implied: (i) as to the operation or availability of the Program, or the information, content, and materials or products included thereon; (ii) that the Program may be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Program.

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Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

 

Limitation of Liability

 

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Program.

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To the maximum extent permitted by applicable law, in no event shall the Company be liable for any incidental, indirect, or consequential damages whatsoever caused by the use of the Program (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Program, third-party software and/or third-party hardware used with the Program, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

 

Severability and Waiver

 

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

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Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect any Party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

Changes to this Agreement

 

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, the Company will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

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By continuing to access or use the Program after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Program.

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Governing Law

 

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Program.

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Entire Agreement

 

The Agreement constitutes the entire agreement between You and the Company regarding Your use of the Program and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

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Contact Us

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If you have any questions about this Agreement, You can contact us:

• By email: info@star-photonics.com