Incredibar End User License Agreement

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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY SHALL GOVERN YOUR USE OF THE INCREDIBAR SOFTWARE AND SERVICE. IF, AFTER READING THESE TERMS AND CONDITIONS, YOU WISH TO USE THE SERVICE AND SOFTWARE PLEASE INDICATE YOUR ACCEPTANCE HEREOF BY CLICKING "I AGREE" AT THE END.

END USER LICENSE / TERMS OF SERVICE AGREEMENT

1. TERMS AND CONDITIONS

The Incredibar product and any accompanying product and/or feature and/or addition thereof (together, the "Service") and the software enabling the use thereof (the "Software"), are provided by Perion Network Ltd. and/or its affiliates and subsidiaries (collectively the "Company" or "we") to you ("you" or "your") and others who use the Service and Software (collectively "User" or "Users"), subject to these terms and conditions and all modifications thereto including all rules that may be published from time to time by the Company ("Terms and Conditions" or "Agreement"). This Agreement shall also govern your use of the Site currently located at www.incredibar.com (the "Site").

2. YOUR ACCESS

You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Software and the Service and for any telephone charges associated with connecting to the Internet to use the Service.

3. AUTHORIZED PERSONS

You are responsible and liable for any activity by any person who uses the Service through your user name and password. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree to immediately notify the Company of any unauthorized use of the Service or any other breach of security known or suspected by you.

4. SOFTWARE LIMITED LICENSE AND USE POLICY

The Software that will enable you to use the Service may have been downloaded from the Company’s Site or another authorized web site. If you have downloaded the Incredibar product - you acknowledge that no payment was made by you for the Software, regardless of the method of delivery, and if payments were made, they were made for other equipment, products or services and not for the Software. To ensure the proper functionality and security of the Service always make sure you are using a current and authorized copy of the Software.

The Software is being licensed to you by the Company on an "AS IS" basis, for your private personal, non commercial use only. Except as expressly permitted hereunder, you agree not to extract or harvest any information from any portion of the Service, including without limitation, from any User Profile, or any other portion of the Service, or to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Software, or any information available on, derived or extracted from the Service or any part of the foregoing. The Company may, at its sole discretion, modify, limit, deny, or create different levels of use for different users, or cancel some or all of the functionality of the Software or the Service at any time, without prior notice.

5. INSTALLATION

6. PRIVACY POLICY

7. PROPER USE; CONTENT

8. ADVERTISEMENTS

The Company uses the services of a third party company to help it measure the effectiveness of its advertising and how visitors use this Site. To do this, the Company uses Web beacons and cookies provided by a third party company on the Site. The type of information the Company collects includes the pages visited, the product codes and prices that visitors purchase and coupons that were used during purchase.

We may use an outside advertising company to display advertisements on the Site and Service. These ads may contain cookies. The advertisement company may collect cookies received with outside ad banners. We do not have access to information that would confirm the use of cookies by the advertising company.

9. INTELLECTUAL PROPERTY RIGHTS

As between the Company and you, the Company is the sole owner of the Software, Service and Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions you may not download or save a copy of the Software, Service or Site or any portion thereof, for any purpose. All title and intellectual property rights in and to the content of any third party web site which may be linked to or viewed in connection with the Service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except as allowed by such third party.

10. UNSOLICITED MATERIALS

Any unsolicited materials submitted or sent to the Company, will be deemed to be not confidential or secret. By submitting or sending information or other material to the Company you:

11. DISCLAIMER OF WARRANTIES

THE SOFTWARE, SERVICE AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS, FOR THE AVOIDANCE OF DOUBT (ON BEHALF OF ITSELF, ITS SUBSIDIARIES, ITS PARTNERS, AND ITS AFFILIATES) OF ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE, SERVICE OR SITE ; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE, SERVICE OR SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT (1) ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE, AND THAT (2) THE FUNCTIONS OR SERVICES PERFORMED AND/OR PROVIDED BY THE COMPANY, ITS SUPPLIERS AND ITS AFFILIATES, IF APPLICABLE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE, AND THE SERVICE, WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SOFTWARE, IF APPLICABLE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA TO YOUR COMPUTER SYSTEM.

12. LIMITATION OF LIABILITY

12.1 IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, PARTNERS, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, SOFTWARE, OR SERVICE, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE, OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE COMPANY'S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEEDS THE ACTUAL CONSIDERATION RECEIVED BY THE COMPANY FROM YOU FOR THE USE OF THE SOFTWARE AND SERVICE.

13. INDEMNIFICATION

By agreeing to use the Software, Service, and/or Site, you agree to defend, indemnify and hold the Company, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or Site or the creation, the placement or transmission of any message, information, software or other materials through the Service by you or users authorized by You or related to any violation of these Terms and Conditions by You or any user authorized by you.

14. CANCELLATION AND TERMINATION

The Company may, at its sole discretion, terminate the Service or your use of the Service, or the use of any of the Incredibar features, permanently or temporarily, at any time and without cause. You may at any time cancel your use of the Service. Upon cancellation or termination, you will immediately cease all use of any software and any documentation provided to you by the Service. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability;

15. LINKED SITES

16. PROVISIONS UNENFORCEABLE OR INVALID

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

17. ASSIGNMENT

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. The Company may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

18. APPLICABLE LAWS / JURISDICTION

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national or other destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through the Service any data or software that cannot be exported out of the United States without prior written government authorization, including but not limited to, certain types of encryption software. The above assurance and commitment shall survive termination of this agreement.

You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your use of the Software as well as the Service and Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Software, Service or Site resides in the competent courts in Tel Aviv, Israel, and you further agree and expressly consent to the exercise of personal jurisdiction in the competent courts in Tel Aviv, Israel, in connection with any such dispute and including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Version: 1.3 Published: January 16th 2012