EULA

Eightpoint Technologies Ltd. SEZC AdGone Ad Blocker End User License Agreement

Updated: March 2021

This End User License Agreement (“EULA”) governs at all times the use of the Eightpoint Technologies Ltd. SEZC, (the “Company,” “we,” “us,” “our”) AdGone Ad Blocker software (the “Software”) and the related services offered via the Software (collectively, the “Services”) by you (“you” or “your”).

Prior to using our Services, including downloading, accessing, or installing our Software comprising a part of the Services, we encourage you to read this EULA and our Privacy Practices carefully. By using our Services, you are agreeing to this EULA and the Privacy Practices and all terms and conditions set forth herein and therein, including the obligation to arbitrate any disputes you have with us and to waive your right to participate in any class action lawsuit against us.

Your relationship with The Company

Your use of the Company’s Services, including without limitation all products, Software, services and websites forming a part thereof, as well as all upgrades and updates to any and all of the foregoing, is subject to the terms of this EULA, which is a legally binding agreement between you and the Company. For clarity, services and software provided to you by the Company pursuant to a separate written agreement are specifically excluded from the terms of this EULA.
The Software is based, in part, upon open source license agreements, as more particular described herein. Our provision of the Services to you and your use of same, shall always be subject to such open source license agreements, to the extent applicable, and you agree to be bound by such open source license agreements as and to the extent required by the terms thereof. the Company hereby disclaims any and all liability to you or any third party related to such open source software.

Accepting the Terms

In order to use the Services, you must first agree to the EULA. You may not use the Services if you do not accept the EULA. It is important that you take the time to read this EULA carefully.
You can accept the EULA by:

clicking to accept or agree to the EULA, where such an option is made available to you by the Company in the user interface for such Software or any portion of the Service or as part of the download process; or
by actually using the Services, or any part thereof. In this case, you understand and agree that the Company will treat your use of the Services or any portion thereof as acceptance of this EULA from the date of first use and at any time thereafter.

Provision of the Services by the Company and its Affiliates

The Company regularly updates and modifies the Services. You acknowledge and agree that the form and nature of the Services that the Company provides pursuant to this EULA may change from time to time without prior notice to you.
You acknowledge and agree that the Company may at any time cease providing, permanently or temporarily, the Services or any portion thereof, as it deems necessary or appropriate in its sole discretion, without notice to you. You may stop using the Services at any time without notice to the Company by deleting our Software and ceasing use of the Services
You acknowledge and agree that the Company has subsidiaries and affiliated legal entities (collectively, the “Affiliated Entities”) worldwide and that these Affiliated Entities may provide some or all of the Services made available via the Services on the Company’s behalf, as determined by the Company in its sole discretion.
You acknowledge and agree that the Company reserves the right to terminate and/or suspend your access to some or all of the Services at any time and for any reason. To the extent the Company exercises this right, you may be prevented from accessing the Services, your account information (if any), and/or any content, files or other information otherwise available via your account.
The Company provides users, including you, with certain ad blocking technologies and software, such as browser add-ons and/or extensions, including without limitation, the following functionality:

Removing advertisements from the web pages shown by any supported browser with which you are using our Services;
Removing tracking technologies, such as cookies and pixels, from any web pages shown by any browser with which you are using our Services

Use of the Services by You

Your use of the Services shall be limited solely to the purposes that are permitted by the terms of this EULA, as well as all applicable laws, rules, regulations or generally accepted practices or guidelines in the relevant jurisdictions, including without limitation any laws regarding the export of data or software to and from the United States or other relevant countries.
You agree that you shall not engage in any activity that interferes with or disrupts the Services, including without limitation any networks, servers, or other technology and/or equipment provided in connection with the Services.
You are not allowed to (a) adapt, alter, translate, embed into any other product or otherwise create derivative works of, or otherwise modify the Services or any portion thereof; (b) separate the component programs of the Software for use on different computers; (c) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Software, except as permitted by applicable law; (d) copy or modify the Software; (e) transfer, sublicense, lease, lend, rent, or otherwise distribute the Software to any third party; use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA; (f) damage, disable, overburden, or impair the Software (or any server or networks connected to any Company Software); (g) interfere with any third party's use and/or enjoyment of the Software (or any server or networks connected to the Software); or (h) remove, alter or obscure any proprietary notices on the Software and/or the Services or the applicable documentation related thereto.
You understand and agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under this EULA and for the consequences (including any loss or damage which the Company may suffer) of any such breach.
You agree to comply with all applicable laws, rules, and regulations when using the Services. You will not use the Services to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
To use the Services, you must be at least eighteen (18) years of age. We reserve the right to request proof of age at any stage, so that we can verify that minors under the age of eighteen (18) are not using the Services. In the event that it comes to our knowledge that a person under the age of eighteen (18) years of age is using the Services, we will prohibit and block such a user from accessing the Services, and will make all efforts to promptly delete any Personally Identifying Information (as this term is defined in our Privacy Practices) with regard to such a user, as applicable. By downloading and using the Services, you represent that you are at least eighteen (18) years of age. For clarity, if you are a parent or guardian of a minor, you may elect to use and install our Software in accordance with this EULA on behalf of your minor child or ward.
If you have previously been banned or had your rights to the Services suspended or terminated, you are expressly prohibited from using the Services or any aspect thereof, including any Software.
If you are using the Services and/or opening an account with the Company on behalf of a legal entity, you represent and warrant that (i) you are an authorized representative of such legal entity; (ii) you acknowledge and agree to be bound by this EULA on behalf of such legal entity; (iii) you have all requisite authority to bind such legal entity to this EULA; and (iv) such legal entity agrees to be bound by this EULA.
By using the Services, you represent and warrant to the Company that you own the computer to which you are downloading the Software, or that you have the legal right to control the use of that computer. You agree to ensure that any other person whom you permit to use any part of the Services will do so in accordance with this EULA. You must delete any copies of the Services or any component thereof, including any Software, from the computer if you sell the computer, or if you cease to have the legal right to control use of the computer.
In order to use our Services, you must have a compatible browser, including Google Chrome, Firefox, Safari, and/or Edge.
By using the Services or any component thereof, you agree not to:

use the Services for any purposes other than to block unwanted advertisement and Internet materials (as offered by the Services) for your personal computer system;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or features that enforce limitations on the use of the Services;
use the Services in connection with any third party website that prohibits the use of ad blocking technology, including as may be set forth in the applicable terms of use for such third party websites;
use the Services in connection or combination with any tools designed to circumvent technological measures related to the control of access to certain websites and online offerings.

In connection with your use of the Services, you acknowledge and agree that:

your use of the Services may require an active and stable connection to the Internet in order to function and that it is your responsibility to ensure that you have at all times an active and stable Internet connection;
you are the legal owner of the device on which you download the Software and the email address you have used to register your account with us, and you have all the legal rights to create your account;
installing on your device Software, and taking in consideration the security policies and rules selected by you, you may experience access restrictions to device and data loss due to remote device lock or wipe commands applied by the administrator of the account manually through security policies;
you, as administrator, have the right to monitor your device, locate it on map, enforce screen lock and authentication, lock and wipe device, encrypt media storage, remove temporary files, registry keys and browser data, scan applications and files on your device;
The Company and any Third Party Service provider (as defined herein) shall not be held responsible for any damages caused to you resulting from privacy or data loss;
the Services offers an Internet control software which Software shall be installed on your device (computer, mobile, mobile computer device) that intercepts Internet-bound traffic, to monitor traffic and allows you to limit access to certain content;
the Software on your personal device connects to a server network infrastructure and then sends it to the Company and/or Third Party Service provider servers for categorization;
you are solely responsible for ensuring that your device is sufficient and compatible for use with the Services;
you are solely responsible for any liability arising from any third party claims related to the use of the Services;
The Company may use automated means to collect information about use of the Software;
the Software will automatically monitor certain applications, including but not limited to internet browsers, and process webpages in ways that may include processing information that resides on such webpages, which may entail decryption and re-encryption of secure sockets layer (SSL) information locally on your computer.

In order to use certain features of the Services, you will be required to create an account and you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to the Company on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify the Company. You may be liable for the losses incurred by the Company or others due to any unauthorized use of your account.

Privacy and Your personal information

By using the Services, you authorize the Company to collect, process, use, store, and disclose your personal information that you provide to us in accordance with our then-current Privacy Practices, which is incorporated herein by reference and is generally available at https://adgone.org/adblocker/privacy. Our Privacy Practices explains how the Company collects, processes, uses, protects and discloses personal information in connection with your use of the Software and Services, as well as the choices the Company gives you about such uses and disclosures.
You agree to the use of your data in accordance with the Company’s Privacy Practices - https://adgone.org/adblocker/privacy.
In the event of a conflict between the terms of this EULA and the Privacy Practices, the Privacy Practices shall control.

Content Available from or through the Services

You acknowledge and agree that any and all content and information, including without limitation, data, text, files, links, software, chat, content, music, audio files, sound, photographs, graphics, images, video, communications, messages or other materials and terms of expression (collectively, “Content”) which you may be provided with access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated.
You acknowledge and agree that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the Company (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the Company or by the owners of that Content, in a separate agreement.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Software and Services at your own risk. Notwithstanding the foregoing, the Company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any portion of the Software and/or any of the Services, in its sole discretion.
Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, you are not permitted to create, upload, post, transmit, display or otherwise make such materials available on or though the Services. You are solely responsible for determining whether any materials you wish to upload, post, transmit, display or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that You upload, post, transmit, display or otherwise make available on or through the Software and/or Services. the Company reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Software and/or Services.

Proprietary rights

You acknowledge and agree that, as between you and the Company the Company owns all legal right, title and interest in and to the Software and the Services, including any intellectual property rights which subsist in the Software and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist), subject at all times to any third party and/or open source licenses that the Company may be subject to with respect to the Software and the Services. The Software is protected by copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you
Nothing in this EULA gives you a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

License from the Company

Subject to the restrictions on use set forth in this EULA, the Company gives you a personal, revocable, royalty-free, non-sublicensable, non-transferable, non-assignable and non-exclusive license to download, install, enable and use the Software and the Services as provided to you by the Company. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Software and Services as provided by the Company, in the manner permitted by this EULA. You may use the Software and Services on your personal computer, including your laptop and desktop. You may only use the Software and Services for personal use. You are not allowed to sell, trade or resell the Software or Services for any purpose, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements. The Company reserves all rights in the Software and Services not expressly granted to you in this EULA.
Unless the Company has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software and/or Services, grant a security interest in or over your rights to use the Software and/or Services, or otherwise transfer any part of your rights to use the Software and/or Services.
You may make one copy of the Software provided through the Services in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained in the original.

Software Updates

The Software which you use may automatically download and install updates from time to time from the Company, as the Company may determine in its sole discretion. Any such updates will be designed to improve, enhance and further develop the Software and/or the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. Without further notice or consent, you agree to receive such updates (and permit the Company to deliver these to you) as part of your use of the Services, all of which shall be subject to this EULA. The Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your use of the Software. Download and install updates and/or configurations, collectively, will be referred herein as “Software Updates”. Software Updates are designed to improve, enhance, and/or further develop the Software and may take the form of bug fixes, enhanced functions, new software modules, configuration changes, or completely new versions. You acknowledge and agree that Software Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet Browser’s settings and/or your user experience.
The Software is constantly being improved and upgraded as part of our efforts to provide you with the full value of the product. To enable continuous usage and full functionality of the Software, we may need to adjust the operation of your Internet browser, including reconfiguring your browser's settings (as noted above). By using the Software, you hereby acknowledge and agree to all such modifications. Further, you agree that by using the Software you may periodically send technical data and related information to the Company to facilitate the provision of updates, product support, and other services to you, if any, related to the Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device, and/or Internet browser and/or system. Additionally, you agree that the Company may conduct A/B testing and change the look and feel of the Software or add additional features in order to improve your experience with the Software. In the event that we make Material Changes to this Agreement, we will notify users by posting a notice on our homepage, https://adgone.org/ and on the webpage where this Agreement is posted, https://adgone.org/adblocker/eula.
The Company is not obligated to maintain or support the Software, or to provide you with Software Updates, fixes, or services related thereto, subject at all times to the termination rights and processes as set forth below.

Ending Your Use of the Software and the Services

This EULA will continue to apply until terminated by either you or the Company as set out below.
The Company reserves the right to terminate its legal agreement with you at any time and for any reason, including without limitation, if:

You have breached any provision of this EULA or have taken actions which demonstrate or tend to demonstrate that you are unable or unwilling to comply with the terms of this EULA; or
the Company is required to do so by law, such as if the Software and/or Services may no longer be lawfully provided to you, in whole or in part; or
Any partner of the Company providing all or a portion of the Services made available through the Software has terminated or suspended its relationship with the Company or ceased to offer the Services to you or the Company; or
The Company will no longer be providing the Software and/or Services to users in the country in which you are resident or from which you use the Software and/or Services; or
the provision of the Software and Services to you by the Company is, in the Company’s sole opinion, no longer commercially viable.

Nothing in this Section 10 shall affect the Company’s rights regarding provision of the Software and Services pursuant to Section 3 hereof.
Upon the termination of this EULA, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time during the period in which the EULA has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) this EULA, (iii) any policy or practice of the Company in operating the Services, or (iv) any Content or Software transmitted through the Services, is to terminate this EULA and your account and cease use of the Services. You may terminate this EULA at any time by discontinuing use of any and all parts of the Services, uninstalling all copies of any Software on your computer, and destroying all copies thereof in your possession.
If you are having difficulty using our Services, please visit the FAQ pagehttps://adgone.org/adblocker/faq and/or the support page https://help.adgone.org/hc/en-us. There is a wealth of information there to help you master the use of our Services, including any of our premium offerings. If you are not satisfied with any paid version of our Services purchased directly from the Company, contact us within 30 days of your purchase to receive a refund. Refunds requested more than 30 days after your initial purchase date will not be issued unless the transaction was subject to a fraudulent purchase. If you are issued a refund, it should appear on your credit card statement within 48 hours. Upon receiving your refund, you must uninstall or stop using any software products for which you no longer possess a valid, purchased license. The Company reserves the right to disable any product keys and/or serial numbers issued to you for the refunded products. To request a refund, please contact our support team at https://help.adgone.org/hc/en-us.

DISCLAIMER OF WARRANTIES

ALL OF THE SOFTWARE AND SERVICES ARE MADE AVAILABLE ON AN “AS IS, AS AVAILABLE” BASIS. THE COMPANY MAKES NO GUARANTEE THAT THE SERVICES WILL OPERATE AS INTENDED IN ALL OR ANY CIRCUMSTANCE, INCLUDING THAT THE SERVICES WILL BE ABLE TO BLOCK ALL ADS IN ALL CIRCUMSTANCES, AND SPECIFICALLY DISCLAIMS ANY LIABILITY FROM ANY SUCH FAILURE. THE COMPANY DOES HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND SERVICES OFFERED BY THE COMPANY, THE WEBSITES AND/OR ANY CONTENT DELIVERED, SENT, OR RECEIVED BY OR THROUGH THE SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE SOFTWARE AND/OR THE SERVICES, OR ANY PORTION THEREOF, OR THE INFORMATION AND CONTENT DELIVERED, SENT, OR RECEIVED BY OR THROUGH THE SERVICES IN TERMS OF THE ACCURACY, VALIDITY, QUALITY, RELIABILITY, COMPLETENESS, STABILITY, CURRENTNESS, OR OTHERWISE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND SERVICES, IS ASSUMED AND BORNE BY YOU.
MORE PARTICULARLY, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR USE OF THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE OR SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED (INCLUDING THE SOFTWARE) OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING THE SOFTWARE AND/OR ANY PORTION OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
ANY OPEN SOURCE SOFTWARE (AS DEFINED HEREIN) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. NEITHER THE COMPANY, NOR THE AUTHORS OR COPYRIGHT HOLDERS OF SUCH OPEN SOURCE SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF SUCH OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT, IN ANY EVENT, BE LIABLE TO ANY PARTY, INCLUDING YOU:

FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE AND/OR SERVICES PROVIDED BY THE COMPANY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
FOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, ERRORS, DELAYS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION OR CONTENT, INCLUDING ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION OR CONTENT, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION OR THE CONTENT
IF ANY INFORMATION OR CONTENT INFECTS OR CONTAMINATES A USER’S SYSTEM OR INFORMATION OR CONTENT;
ANY CHANGES WHICH THE COMPANY MAY MAKE TO THE SOFTWARE AND/OR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SOFTWARE AND/OR SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION; OR
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

THE LIMITATIONS ON THE COMPANY’S LIABILITY TO YOU IN SECTION 12.1 ABOVE SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SINCE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND/OR $10 WHICHEVER IS LESSER.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THIS EULA IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Other content

Certain portions of our Services contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, “Third Party Services”). The Company provides these Third Party Services to you as a convenience only and the Company does not, in any way, control or manage such Third Party Services. As such, the Company is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the Company Services, the Company is not endorsing or warranting such Third Party Services in any way. Furthermore, the Company does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.
Without limiting any of the foregoing, portions of the Services offered by the Company may contain functionality that allows for the sending, delivering or receiving of information, which may be relayed or carried through networks, systems, servers, websites or applications (e.g. telephone and cellular networks, e-mail servers) that are not owned or controlled by the Company (“Third Party Networks”). The Company cannot and shall not in any way be responsible for the performance, availability, functionality, quality, or reliability of any of the Third Party Networks or the information sent, delivered, relayed, carried or received through any such Third Party Networks. Notwithstanding anything herein, the Company does not warrant or guarantee that the information sent, relayed, carried or delivered through Third Party Networks will reach its destination, or its correct address or recipient, or that the details of the recipient or sender are correct or accurate.
The Services may include, or may be distributed on the same media or in the same download with, software ("Open Source Software") that is subject to so-called "open source" licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including without limitation the GNU General Public License or GPL. You acknowledge that certain components of the Services may be covered by such Open Source Software Licenses. A complete list of Open Source Software for the Services is set forth below. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files. To the extent required by the licenses covering Open Source Software, the terms of such licenses will apply in lieu of the terms of these Terms. To the extent the terms of the licenses applicable to Open Source Software prohibit any of the restrictions in these Terms with respect to such Open Source Software, such restrictions will not apply to such Open Source Software. To the extent the terms of the licenses applicable to Open Source Software require an offer to provide the source code thereto, such offer is hereby made to you.

Changes to the Terms

The Company reserves the right, in its sole and absolute discretion, to change, alter, modify, amend or otherwise revise, from time to time, all or any portion of this EULA from time to time. When these changes are made, the Company will make a new copy of the EULA available at https://adgone.org/adblocker/eula. If there are significant changes to the EULA, we will notify you either by prominently posting a notice of such changes or by directly sending you a notification.
Your continued use of the Services following the notice of change to the EULA has been provided in accordance Section 14 hereof will be deemed to be your consent to and agreement with any and all such changes, alterations, modification, and/or amendments and they will thereafter be deemed a part of this EULA without further notice to you. When these changes are made, The Company will make a new copy of this EULA available at https://adgone.org/adblocker/eula.

Respecting the rights of copyright holders is of extreme importance to us. When you use our Software and Services, you are also expected to respect the rights of copyright holders, including with respect to any of the Content you submit.
You can submit a copyright infringement claim notice to us at support@adgone.org if you believe that any content appearing on our Services violates your copyrights, provided that you have a good faith belief that your Content has been copied and made accessible through the Software and Services in violation of your copyrights.
Any copyright infringement claims notice must include the following in accordance with applicable law:

A description of the materials you claim are infringing upon the copyrights of another along with reasonable information for us to find it within our Services;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a demand that such allegedly infringing materials be removed or access disabled;
a statement under penalty of perjury that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Reasonable contact information so we may contact and follow up with you, such as name, address, phone number and email address; and
The signature (whether physical or electronic) of the person authorized to act on behalf of the owner of the copyright interest.
You are hereby advised that if the above notice requirements are not met, we may disregard the notice pursuant to 17 U.S.C. 512(c)(3). Pursuant 17 U.S.C. 512(f), you are additionally advised that you may be subject to civil penalties, including monetary damages, including costs and attorneys' fees, incurred by the alleged infringer (including us or any Third Party Service provider, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation, if you knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification.

If receive a complaint from a third party and determine that your Content should be removed in response to a complaint received in accordance with the above process, we may notify you of such determination by us and provide you with information necessary for you to contact the complaining party and contest such determination. You can write to us at support@adgone.org if you wish to contest such a decision. Pursuant to 17 U.S.C. 512(g)(3), your notice of contest must include:

A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled within our Services; and
A statement under penalty of perjury, that you that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your consent to adjudicate your claim in the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are located outside of the United States, for any judicial district in which the applicable complaining party may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person;
Reasonable contact information to follow up with you, such as name, address, phone number and email address; and
Your signature or the person authorized to act on behalf of your behalf (whether physical or electronic).

Indemnification.

You agree, as additional consideration for your use of the Services, to fully indemnify and hold harmless the Company, its Affiliated Entities, and their respective officers, employees, agents, affiliates, contractors, partners, third-party-suppliers, and licensors from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use or misuse of the Services, your connection to the Services, your violations of the EULA, any content you upload, download, submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company or any other indemnified party as set forth above, and you agree to cooperate with the Company’s defense of these claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Security and Privacy Limitations

By use of any of the Services, you acknowledge that you are aware (1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; and (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient.
You acknowledge that, as with most Internet applications (e.g., e-mail), there are certain risks associated with accepting or downloading files from or through the Company. Such risks include but are not limited to (1) damage to your computer, (2) damage to any data or files stored on your computer, and (3) files you share being redistributed and used without your knowledge.
The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

Paid Services.

Many features and functions of the Services are provided to you on a premium or subscription basis for which a charge may apply (collectively, “Paid Services), unless a free trial period or other free component has been made available to you. The fees for and certain terms related to Paid Services will be presented at the time you sign up for such Paid Services. Some Paid Services may require that you agree to additional terms and conditions, which will supplement this EULA in general. Any charges incurred by you to access the Services are your sole responsibility. You agree that the Company may, directly or through its Third Party Service providers, automatically renew your subscription to the Services by charging a valid credit card number which you have provided or by such other payment method as may be agreed by you and us. By providing payment information, you are authorizing the Company to charge your card information, through the authorized provider for the subscription fees associated with the Services fees that you sign up for. Our current order processor is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Your subscription will be automatically renewed prior to the expiration of the term and each anniversary thereafter for a fee no greater than the Company’s then-current price, excluding promotional and discount pricing offered at the renewal time. You agree to provide the payment provider the current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify if your credit card is cancelled (such as, but not limited to for loss or theft). If you fail to provide any of the foregoing information, you agree that the Company, through its payment providers, may continue charging you for any subscription automatically renewed unless you inform not to renew your subscription at support@adgone.org prior to the expiration of your subscription to the Services and informing the Company of your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein.
The Services may automatically be deactivated at the end of the subscription period if you disable the automatic renewal and you will not be entitled to receive any aspect of the Services.
Upon any termination or expiration of this Agreement, you must cease use of the Services and destroy all copies of the Services, including the Software.

European Users.

Users in the European Union, by using all or any portion of the Services, understand, acknowledge and agree to the processing of their personal information in the United States.

AdGone Ad Blocker Support

Use of the Software and Services is at your own complete risk. The Company does not provide any assistance to its users, other than that which is posted on its website at https://help.adgone.org/hc/en-us will. The Company does not undertake nor is it obligated to provide you with any updates, upgrades, bug fixes, error corrections and/or enhancements to all or any portion of the Software and/or Services.

Rights and Remedies

Nothing contained in this Agreement is intended to confer upon any person not a party to this Agreement any rights or remedies. Furthermore, you understand and agree that this EULA, including without limitation, the Company’s enforcement of the terms of this EULA, are not intended to confer, nor do they confer, any rights or remedies upon any person other than the Company.
You acknowledge and agree that, in addition to any other legal remedies that may be available to it, the Company may seek and obtain injunctive relief against you in the event of a disclosure or misuse or threatened disclosure or misuse of any of the proprietary and/or confidential information of the Company contained in or accessible through use of the Services, the disclosure of which would give rise to irreparable injury to the Company, which could not adequately be compensated in damages.
The Company may terminate your access to some or all of the Services at any time and for any reason. Depending on the reason for a termination, you may be eligible for a refund in accordance with our refund policy. If you wish to terminate your agreement with us, you may do so by uninstalling our Software and ceasing to use our Services. Any refunds in the event of a termination by you will be undertaken in accordance with our refund policy.

Notices.

You consent to receive any and all legally required communications, including notices, agreements, disclosures or other information in connection with any of the Services electronically from the Company (collectively, “Notices”). The Company may provide Notices to you regarding your use of the Services, including without limitation any notices with respect to violations of the EULA, any updates to the Services or the EULA, or any portions thereof, and promotional information, via (i) e-mail to an e-mail address provided by You, and/or (ii) by “pop up” notice, “System” notice, or any other form of notice, on any of the Services and/or by (iii) posting the Notices on a main page or other page of the relevant Service.
The delivery of any Notice from the Company is effective when sent by the Company, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive Notices electronically by cancelling your use of the Services.

Construction.

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

Assignment.

The Company reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to an Affiliated Entity or any successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.

Survival.

The provisions of this Agreement addressing usage restrictions, disclaimers of representations and warranties, intellectual property rights and obligations, indemnity obligations, Paid Services, and governing law shall survive the termination of this Agreement for any reason, your use of all or a portion of the Services and your use of or access to Paid Services.

Governing Law

This EULA, including any changes undertaken in accordance with Section 15 hereof, shall be governed by and construed in accordance with the laws of the state of Florida, USA, excluding its conflicts-of-law rules. Notwithstanding the foregoing, your use of all or a portion of the Services 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 Company Services resides in the courts of Miami-Dade County, Florida, USA, and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Miami-Dade County, Florida, USA in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and the Company agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with this Section. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against the Company must be resolved in accordance with this Section 27. All claims filed or brought contrary to this Section 26 shall be considered improperly filed. Should you file a claim contrary to this Section 26, the Company may recover attorneys' fees and costs up to $1000, provided that the Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Export Control.

You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Company any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

Headings.

The headings and captions used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this Agreement.

Translations

To the extent that the Company has provided you with a translation of the English language version of this EULA, you agree that the translation is provided for your convenience only and that the English language versions of the EULA will govern your relationship with the Company with respect to the subject matter hereof. In the event of any conflict between the English language version of this EULA and any translated version of this EULA, the English language version shall control.

Severability.

If any provision of this EULA is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this EULA to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

No Agency.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this EULA.

Government End Users.

If you are an agency, department, or other entity of the United States Government (the "Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulations Supplement 227.7202 for military purposes. This product was developed fully at private expense. All other use is prohibited.

Contacting Us.

If you need to contact us, please email us at support@adgone.org.

EULA

Eightpoint Technologies Ltd. SEZC AdGone Ad Blocker End User License Agreement

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