END USER LICENSE AGREEMENT

[Last modified: April 14, 2023]

The use of this add-on browser extension (“Extension”) and the Services (as defined herein) is subject to the following End User License Agreement (“EULA“), which constitutes a legally binding and enforceable agreement between you and Candy Tech Ltd (“you” or “user”, and “Candy Tech Ltd” respectively). 

Please read this EULA carefully before installing the Extension and using the Services.

ACCEPTANCE OF THE EULA

By installing the Extension and using the Services in any manner, you warrant that you have read and understood the terms of this EULA and agree to be bound by the terms set forth herein. If you do not agree to any of the following terms, do not install the Extension or use the Services. 

ELIGIBILITY AND AGE LIMITATION        

You hereby warrant that you are eligible to enter into this EULA and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation or any third party, to enter into this EULA. Furthermore, you represent and warrant that you are of legal competence to enter into this EULA and you are at least sixteen (16) years of age. If you are under 18, please be sure to read this EULA with your parents or legal guardians.

AMENDMENTS            

This EULA may be amended or updated by the Company at any time, without notice, upon Company’s sole discretion. Such amendments are effective as of the stated “Last Modified” date and your continued use of the Extension and Services following the applicable date, will constitute acceptance of, and agreement to be bound by, those changes. 

SCOPE OF SERVICES 

This Extension is a browser add-on that changes your browser’s new tab setting or features that you may choose to install. The installation of this Extension may affect your browser’s search settings. As part of this Extension feature, you will be provided with a direct web search, as well as other enhancing features. Furthermore, please note that this Extension enhances your search experience by providing and offering relevant advertising based on your searches (“Services”).

Operation of the Extension and Services requires an operational internet connection. 

LICENSE    

Subject to the terms of this EULA, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, limited right to download, access, and use the currently available version of the Extension and Services, solely for your lawful, personal, and noncommercial use.                

INTELLECTUAL PROPERTY 

The Extension and Services, including any code, content, protocols, design, software, and documentation provided to you by the Company Candy Tech Ltd, shall remain the property of Candy Tech Ltd. The Company retains all intellectual property right, title and interest in and to Extension and Services, including, but not limited to, all copyrights, trademarks, logos, trade secrets, trade names, proprietary rights, patents, titles, computer codes and moral rights whether registered or not and all applications and derivatives thereof. You hereby agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed or contained within or on the Extension and Services. The Company hereby reserves all rights in and to the Extension and Services which are not expressly granted herein. Nothing in this EULA shall be construed as granting or relinquishing any right or interest in the Extension and Services to you or to any third party.

THIRD PARTY LINKS AND SERVICES

These Services (for example, advertisement as well as the search results) will links to third parties’ content, websites or other digital assets which are not operated, owned or developed by the Company, nor do we have any control on in any manner. These third-party services digital assets and services are subject to its third party terms and conditions. It is your obligation to review the third-party terms and conditions, which constitute an agreement between you and the applicable third party service provider, should you intend on accessing or using them in any manner. 

We do not warrant, endorse, guarantee or responsible for any third party, including any third party who offers products or services through the Services, to the fullest extent permitted by law. You understand that (a) we do not guarantee the access to, or viewing of any particular third party services; (b) any third party is not under our control and we are not responsible for; (c) we are not responsible for and do not monitor or control any third-party services. You agree that we will not be held responsible or liable for any injury, loss or damage of any sort incurred as the result of your use of or access to any third party services on or through our Services, and you are solely responsible for your reliance upon any third party services.

For the avoidance of doubt, this EULA govern your relationship with us alone, and in no way govern the relationship between you and any third party. 

 UPDATES AND UPGRADES       

Candy Tech Ltd may, at its sole discretion make any updates, alterations, or other changes to Extension and Services without providing any notification (prior or otherwise). Candy Tech Ltd shall have no liability for any damages or other effect resulting of such changes. Please note that, following installation of the Extension, it will communicate with our servers to request automatic updates when we release a new version. You hereby agree to the automatic download and install of such updates. Notwithstanding the aforesaid, we have no obligation to provide upgrades or updates. 

RIGHTS AND LIMITATIONS

You are required to use the Extension and Services, solely in accordance with the terms of this EULA. Any unauthorized use is strictly prohibited. You may not rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer the license granted herein for the benefit of any third party. 

You agree not to use any method, process or device, whether automatic or manual to interfere or attempt to interfere with the Services. You may not violate or attempt to violate the security of the Extension and Services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with the Extension and Services, or attempt to do so for any reason. You may not access, create or modify the source code of the Extension and Services in any way, or to create derivative works. Any modifications or enhancements you create shall remain the sole property of Candy Tech Ltd.

You may not use Candy Tech Ltd’s tradename and logos, or the Extension’s tradename or other proprietary rights, or misrepresent the source of ownership of the Extension and Services. Furthermore, you are not allowed to use, access, or attempt to access the Services in connection with any automated means, including robots, spiders, crawlers, scrapers, or other automatic devices or manual processes to monitor or copy any content contained therein or use such means to extract information or access the Services by any means other than through the interface that is provided by us. 

ANY USE OF THE EXTENSION AND SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS EULA IS STRICTLY PROHIBITED AND MAY RESULT, AT CANDY TECH LTD’S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE EXTENSION AND SERVICES, AS WELL AS MAY RESULT CRIMINAL AND CIVIL LIABILITY.

PRIVACY POLICY & COLLECTED INFORMATION      

When you download the Extension and use the Services, the Company’ as well as its business partners and service providers, will collect certain data regarding your use, among others, in order to provide the Services. The Company’s privacy practices are detailed in the Privacy Policy, incorporated herein by reference and constitutes an integral part of this EULA.  

TERMINATION & UNINSTALL

At any time, you may stop using the Extension and Services. To uninstall the Extension, you may use the standard uninstall processes available through your browser’s settings. For more information, see the following links: Google Chrome; Mozilla Firefox; Microsoft Edge. 

Candy Tech Ltd in its sole discretion, may modify or discontinue or suspend your right to access or use the Extension and Services at any time. Further, Candy Tech Ltd, in its sole discretion, may at any time suspend or terminate any license hereunder and disable the Services or any part of it. The Company shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of these Terms. The license granted to you will automatically terminate if you fail to comply with the terms of this EULA. 

DISCLAIMER        

THE EXTENSION AND SERVICES ARE PROVIDED TO YOU “AS IS” “AS-AVAILABLE” AND “WITH ALL FAULTS”  AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED. CANDY TECH LTD AND ANY OF ITS SUBSIDIARIES, OFFICERS, AFFILIATES, AND LICENSORS ARE NOT AND IN NO EVENT SHALL 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 OR DIMINUTION OF VALUE)) 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 THE EXTENSION AND SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITATION,  CANDY TECH LTD MAKES NO WARRANTY THAT THE EXTENSION AND SERVICES WILL BE SUITABLE FOR YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE QUALITY WILL MEET YOUR EXPECTATIONS. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST  CANDY TECH LTD, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE EXTENSION AND SERVICES OR ANY CONTENT AVAILABLE THEREIN. YOU SHALL BEAR THE RISK ARISING OUT OF USE OF THE EXTENSION AND SERVICES. CANDY TECH LTD DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY ANY THIRD PARTY.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL  CANDY TECH LTD, ITS PARENTS, AFFILIATE AND SUBSIDIARY OR AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH IS A RESULT OF YOUR USE OR POSSESSION, ACCESS OR MALFUNCTION OF THE EXTENSION AND SERVICES, INCLUDING BUT NOT LIMITED TO, MONETARY DAMAGES, LOSS OF PROFIT, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, UNDER ANY CAUSE OF ACTION, WHETHER CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT Candy Tech LTD OR ANYONE ON THEIR BEHALF, INCLUDING RELEVANT THIRD PARTIES HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AS SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED.

IN NO EVENT SHALL  CANDY TECH LTD, ITS PARENTS, AFFILIATE AND SUBSIDIARY OR AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS OR ANY OF THEIR BEHALF LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY FOR YOUR USE OF THE EXTENSION AND SERVICES OR TEN DOLLARS (10$), WHICHEVER IS LESS.

GOVERNING LAW AND JURISDICTION 

For any dispute, you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute informally, this EULA and any dispute relating to the Extension and Services 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.

INDEMNIFICATION

You shall indemnify, defend and hold Candy Tech Ltd, its parents, affiliate and subsidiary or affiliated companies, officers, directors, employees, consultants and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (a) your acts and omission in using the Extension and Services and/or; (b) a breach of any representations or warranties made by you hereunder and /or; (c) any breach or violation of applicable law. 

MISCELLANEOUS      

These Terms represents the complete agreement concerning the use of the Extension and Services between the parties and supersedes all prior agreements and representations between them. Any provisions, which by their nature are intended to survive termination of this EULA, shall survive. If any provisions of this EULA are held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This EULA and any license or right granted herein may not be assigned by you without our prior written consent. We may assign our rights under this EULA to any third party at our sole discretion. Our failure to enforce any rights or to take action in the event of breach of this EULA shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. 

YOU MAY CONTACT US

Candy Tech Ltd

10 Abba Eban Boulevard, Herzliya, Israel

support@candytechltd.com