EULA.Last Modified: November, 2020
Introduction and acceptance of these Terms & Amendments
These Terms of Service (the "Terms") constitute a binding contract between you (the "user" or "you"), and us, Mania Tech Ltd. (the "Company", "Mania Tech", "we", "us" or "our"). Mania Tech is the legal owner of the Installer and Software (as defined below), developed or otherwise licensed to the Company. The User may use the Installer and Software, and any associated features, under the terms and conditions provided in these Terms.
BY USING THE INSTALLER AND SOFTWARE, YOU UNDERTAKE THAT YOU HAVE READ AND ACCEPTED THIS TERMS. YOU EXPLICITLY AGREE TO USE THE INSTALLER AND SOFTWARE ACCORDING TO THESE TERMS. YOU FURTHER AGREE TO FULLY COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE INSTALLER AND SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OR ANY PROVISION HEREIN, PLEASE DO NOT USE THE INSTALLER OR THE SOFTWARE, AND YOU MUST UNINSTALL THEM FROM YOUR DEVICE, WHERE APPLICABLE.
Mania Tech's Installer & Software Services
The goal of our installation software (“Installer”) is to perform and optimize the installation of some software offered in it, which may include desktop apps, add-on browser extensions and any other technology (“Software”). The User hereby acknowledges that certain Software, as applicable, when installed, may change the search settings of the browsers, the new tab setting and other features that the Software may provide. In addition, the Software may provide a direct internet search and other advanced features. Furthermore, the Company's Software performance shall include relevant advertisements based on the searches the User made.
In order to install the Software, the user will be asked to give his permission and approval (by clicking an applicable button). By using the Installer, the user hereby grants Mania Tech his/her approval for installing the Software, including any additional software needed to perform such Software, as determined by the Company. The Software requires changes in the registry process, as well as Internet access.
At any time, the User may, at his/her own discretion, skip, decline or accept any of the Software. If the User is willing to cancel or stop the Installer’s operation, he/ she may do it by using the designated button, however, the Company may disable the User ability to do it in certain stages of the process. Please be aware that stopping the Installer’s operation in certain stages of the process, not through the designated button may cause damages to the User’s device, and Mania Tech will not be liable or responsible for those damages. Furthermore, if the installation was canceled or interrupted before completion it may cause the remaining data or software on the User's device. The user can remove manually such remaining data or software, including a desktop application to resume installation from interruption.
Installer and Software License
Mania Tech grants the user under these Terms, and the user accepts a limited, nonexclusive, non transferable, non-sub-licensable and fully revocable license, to use the Installer and install the Software ("License"). You acknowledge that this License is subject to compliance with the condition of these Terms. The user hereby acknowledges that the License is only for his personal use and not for commercial purposes. The Company does not grant the User any other rights connection with the Installer and Software. Except as expressly provided in these Terms, all rights not granted to users, are reserved by the Company.
Third Party's Content
Mania Tech is not responsible for the content of third parties provided as part of the Software or otherwise included as a link therein, including websites, search results, webpages and advertisement. We recommend you, and it is your own obligation, to read carefully the relevant terms or policies of these third parties. If you choose to access third parties content, you do so at your own risk since their terms or policies shall govern your use once you are linked to these third parties’ content or otherwise interact with them. Mania Tech shall have no liability or responsibility for any third parties’ content. The inclusion of third parties' content in Mania Tech's Software will not be deemed as endorsement on her behalf.
Mania Tech is the owner of this Installer and Software. Any and all intellectual property rights, title and interest of any kind in and to the Installer and Software, including without limitations, trade names, logos and any and all modifications, upgrades, know-how, derivative works, inventions and ideas, technology methods, rights in software and computer code, (including in any source or object code or any other form and any software or registration), are protected by international copyright laws and intellectual property legislation. All the intellectual property described above shall remain the sole property of Mania Tech and its licensors.
Representations and Warranties
By using our Installer and Software, you undertake that you have read, understood and accepted these Terms. In addition, you represent and warrant that you will not do the following:
- You are not allowed to use harmful codes or any automated means, such as scraping, crawling or any robot, spider etc., during your access or use the Installer and Software; You are not allowed to sell, copy, distribute, lease, sublicense or share the Installer and Software and the License granted herein, or make any commercially use of our Installer and Software;
- You are forbidden from changing, modify, edit, alter or bypass any feature of our Installer and Software;
- You represent and warrant that you will not use the Installer and Software in any manner that may violate the terms of this Terms.
- You are not allowed to interfere, circumvent or disable any security features of the Installer and Software or and we forbid you to degrade its performance;
- You will not claim any proprietary rights in or to our Installer and Software, or any element or content to it, nor amend, remove or obscure any notices of proprietary rights;
- You are not allowed to change, modify, adapt, decompile, disassemble, reverse engineer, translate, make any copies of, bypass or hack to the Installer and Software, or any temptation to extract its source code;
- You represent and warrant that you will not use the Installer and Software in any fraudulent, illegal, unlawful, or harmful manner.
PLEASE NOTE, REGARDING ANY VIOLATION OR BREACH OF OUR TERMS, MANIA TECH MAY, AT ITS SOLE DISCRETION TERMINATE OR SUSPEND THE USER ABILITY TO ACCESS THE INSTALLER AND SOFTWARE. ANY VIOLATION OR BREACH OF OUR TERMS MAY CAUSE CIVIL AND CRIMINAL LIABILITY.
THE INSTALLER AND THE SOFTWARE ARE OFFERED BY MANIA TECH "AS IS" AND "AS AVAILABLE".
MANIA TECH DOES NOT GIVE ANY WARRANTIES OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN REGARDS TO THE MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, AND NON-INFRINGEMENT.
MANIA TECH DOES NOT WARRANT THAT THE INSTALLER OR SOFTWARE ARE OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE INSTALLER OR SOFTWARE WILL BE FREE FROM ERROR OR ANY BUGS. IN ADDITION, MANIA TECH DOES NOT WARRANT THAT IT WILL TAKE ACTIONS IN ORDER TO CORRECT THOSE ERRORS. MANIA TECH IS NOT, AND IS NOT AND WILL NOT BE UNDER ANY CIRCUMSTANCES, LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES TO THE USER OR ANY THIRD PARTY ARISING FROM TECHNICAL ISSUES.
MANIA TECH DOES NOT GIVE ANY REPRESENTATION OR PROVIDE ANY WARRANT THAT THE INSTALLER OR SOFTWARE WILL BE AVAILABLE FOR USE AT ANY GIVEN TIME OR IN ANY LOCATION. THE USE OF OUR INSTALLER OR SOFTWARE IS AT THE USER’S OWN RISK AND RESPONSIBILITY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, MANIA TECH AND ITS AFFILIATES, THEIR DIRECTORS, EMPLOYEES OFFICERS, AND AGENTS, WILL NOT BE RESPONSIBLE FOR INDIRECT, INCIDENTAL, UNIQUE, CONSEQUENTIAL, AND EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST OF PROFITS, DAMAGES TO EQUIPMENT, LOSS OF DATA, ETC., RESULTING FROM THE USE OR INABILITY TO USE OUR THE INSTALLER OR SOFTWARE, EVEN IF WE OR WHOM ON BEHALF OF US, WERE ADVISED REGARDING THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL MANIA TECH BE LIABLE, FOR ANY CLAIMS MADE BY ITS USER AND DAMAGES, EXCEED THE ACTUAL AMOUNT PAID BY THE USER FOR THE HIS USE OF THE INSTALLER AND SOFTWARE OR TEN US DOLLARS (10$), WHICHEVER IS LESS.
Changes and Updates of the Installer or Software
Mania Tech reserves the right at any time to upgrade, update, or perform other amendments to the Installer or Software and the services offered therein. Please be aware that Mania Tech is not required to provide the User with any notice (in advance or otherwise) for any updates. Mania Tech will not be liable for any damages or any other effect resulting from any changes, described above. Please note that, by installing the Software you approve the download and installation of automatic updates of the Software.
Term and Termination
Either Mania Tech or you may terminate these Terms, at any time and for any reason. The effective date of these Terms will be the date in which the user began to use the Installer. You have the right to remove the Software from your device according to the standard uninstall procedure on your browser settings. The termination will immediately terminate the License as well.
Mania Tech reserves the right to terminate the operation of the Installer and Software at any time, and we will not be liable for any damages caused to you or to any third party for any termination.
According this terms and without derogating from any applicable law, the user hereby agrees to indemnify and hold harmless MANIA TECH and its officers, employees, agents and directors from and against all expenses, claims, losses, damages, and liabilities, judgments and any related expanse (included reasonable attorney’s fees), which may arise as a result of the user's breach of these Terms.
Changes to these Terms
Mania Tech reserves the right at any time and for any reason to update, amend or revise these Terms. Mania Tech will specify the date of the most updated Terms in the "Last Modified" date. The changes and revisions to these Terms will be effective upon the publication of such revised Terms. The continuous use of the user in the Installer and Software following any update and changes in these Terms will be deemed as the acceptance of such revised Terms, so the user needs to make sure to review these Terms from time to time. Mania Tech is not required to provide a notification upon performing any changes and update to these Terms.
- The law of the State of Israel shall be the only laws that govern these Terms, and without giving effect to any conflicts of law principles. All and any dispute, claim or controversy arising out of, or relating to the Terms, the Installer or Software will be under the exclusive jurisdiction of the competent court in Tel-Aviv, Israel. The limitation regarding any claim to the Installer and Software shall be limited to twelve (12) months as of the applicable claim, and will be permanently barred afterwards.
- These Terms together with any changes or updates, contain the entire understanding between Mania Tech and the user regarding the Installer and Software. If any part of these Terms will be determined to be unenforceable or invalid, such determination shall not affect the remaining provision of the Terms, which shall remain valid and in full force.
- The User shall not assign or transfer these Terms, the License, or any right or obligation under these Terms. Mania Tech may assign her rights in and to the Installer and Software to a third party under her sole and absolute discretion.
- Any failure to enforce any rights or to take any action against the user, by Mania Tech, with respect to any breach of these Terms will not be deemed as a waiver of such rights or of subsequent actions in case of future breaches.
- Mania Tech shall not be considered in breach of these Terms in no event if the Company is unable to provide the Installer, Software or any part thereof by reason of national emergencies, earthquake, shortages, fires, riots, flood, storm or other like events, explosions, war, internet outages, global pandemic or acts of God, labor dispute, insurrection, or any act of any local or international law, governmental order or regulation or any other event beyond Company’s control.
If you have questions pertaining to these Terms please contact us as follows:
Mania Tech Ltd.
+1 (833) 539-0326
11th Hamenofim St. Herzliya 4672562, Israel