BzeekLand End User License Agreement
The BzeekLand Ltd. ("Bzeek") software (the "Software"), is a software that Enables your computer to be part of the Bzeek WiFi Community. You should note that by installing the Software your wireless driver will be replaced by the Software, with the added value of being part of the Bzeek Community and thus enabling and enjoying the sharing of wireless and Internet connection as well as other applications that are or will be made available by Bzeek. You agree that Bzeek may charge third parties for connecting them to your shared connection. In the event that laws or contractual obligations applicable to you, prohibit you from using the Software, you are requested to un-install it and delete all copies of the Software or any files related thereto, from your computer; by accepting the following terms and conditions you explicitly state that you are entitled and that any Internet Service Provider (ISP) that you use the Software with has agreed that You can use the Software without any restriction and that you agree that Bzeek will be your wireless driver, replacing your current wireless driver.
You agree that the Bzeek software will share your bandwidth with other users, and you warrant that you have an agreement with the relevant provider or ISP to allow it.
You agree that by using BzeekSoftware to connect via any other Bzeek user, you might be charged according to Bzeek Tariff, and or Bzeek criteria as could be publishes on Bzeek web site or by any other means. Also, you agree that Bzeek might share a portion of it’s net revenues from third parties who connect through your shared connection, according to Bzeek discretion and criteria.
By using the Software you will be sharing your Internet bandwidth with other users; you hereby acknowledge that the Software may be using your Internet connection bandwidth and the processor of the computer, UMPC, PDA (or other applicable device) you are using, for this purpose as well as for facilitating the applications of the Software and applications of Bzeek's affiliates embedded in the Software.
By downloading, installing and using the Software and/or clicking the ACCEPT button you agree and accept also the following terms and conditions (the "Agreement").
Subject to the terms and conditions of this Agreement, Bzeek hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, free of charge license to install and use the Software on an AS-IS basis on your computer, UMPC, phone, PDA (or other applicable device) , for your personal, non-commercial use only. Any commercial use of the Software is strictly forbidden. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not: (a) modify or create any derivative works of the Software or documentation related to the Software; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software; (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software without the prior written permission of Bzeek; or (d) use the Software not in compliance with all applicable laws, regulations and government authorizations, including but not limited to export control, copyright, trademarks, patent, secrecy, defamation, decency, and privacy related laws, regulations and authorizations.
You acknowledge and agree that the Software may be incorporated into, and may incorporate software and other technologies owned by third parties. To the extent necessary, use of any such third party software or technology is conditioned upon you explicitly accepting such third party's license agreement, thus creating a contractual relationship directly between you and such third party.
Bzeek may, in its sole discretion, add additional features or functions, or provide programming fixes, updates and upgrades, to the Software. You acknowledge and agree that Bzeek has no obligation to make available to you any subsequent versions of the Software. Furthermore, You acknowledge and agree that Bzeek, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Software, and/or disable any version of the Software you may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology and/or for any other reason, including but not limited to, circumstances where you, at Bzeek’ s sole discretion, are in breach of this Agreement.
This Agreement applies to downloading, installing and using the Software free of charge. The use of any paid Bzeek services, that may be offered by Bzeek or its affiliates, is subject to the additional terms of service that are or will be published on Bzeek's Website, at www.bzeek.com.
In light of the respect Bzeek has for its' users privacy, a condition to using the Software is your agreement to strictly comply with the terms and conditions of Bzeek's Privacy Policy located or will be located at Privacy Policy, as updated from time to time by Bzeek with or without notice. Information collected by Bzeek in connection with your use of the Software will not include personal information, unless the user is using application that permit the usage of personal information. However, you should note that Bzeek may store or monitor all information that passes through the network for purposes of network maintenance, expansion, and enforcement of usage policies.
Bzeek retains sole and exclusive ownership of all rights, title and interests in the Software and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Software and the technology related thereto. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
You agree that you will not, and will not allow any third party to (a) use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (b) remove, obscure or alter Bzeek's or any third party's copyright notices, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
The Software may communicate with Bzeek servers and/or third party servers from time to time to check for available updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the Software, you agree to automatically request and receive Updates.
You agree to comply with all local and Federal laws and regulations regarding the download, installation and/or use of the Software.
This Agreement shall come into force upon you downloading the Software. You may terminate this Agreement at any time by permanently deleting the Software in its entirety. Your rights automatically and immediately terminate without notice from Bzeek or any third party if you fail to comply with any provision of this Agreement. In such an event, you must immediately delete the Software. Bzeek may terminate this Agreement at any time by delivering a notice to such effect to you either by email, by the posting of such termination notice on Bzeek's website - www.Bzeek.com, or by any other manner, including, without limitation, by using the Software's functionality. Bzeek reserves the right to terminate this Agreement if your account with Bzeek has been inactive for 12 months or more.
The provisions of Sections 2, 3, 7, 8, 9, 10, 11, 12 and 13 shall survive any termination or expiry of this Agreement.
You agree to hold harmless and indemnify Bzeek, its partners, their subsidiaries, affiliates, officers, agents and employees and any person acting on their behalf, from and against any claim, suit or action arising from or in any way related to your use of the Software or your violation of this Agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and lawyer fees, of every kind and nature. In such a case, Bzeek will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BZEEK AND ITS PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (b) NEITHER BZEEK NOR ANY THIRD PARTY/ANY PERSON ACTING ON THEIR BEHALF, MAKE ANY WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS OR PERFORMANCE OF THE SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS CARRIED OUT AT YOUR OWN DISCRETION AND RISK. 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 CONTENT OR MATERIAL, (d) NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS OR ANY OTHER SUCH ACTIVITY WHERE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, (e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BZEEK OR ANY OF ITS PARTNERS OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
BZEEK DOES NOT PROVIDE EMERGENCY SERVICES IN CONJUNCTION WITH THE SOFTWARE. NEITHER BZEEK NOR ITS OFFICERS, EMPLOYEES OR ANY PERSON ACTING ON THEIR BEHALF MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS. YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE USE OF BZEEK SOFTWARE TO CONTACT EMERGENCY SERVICES. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS BZEEK, BZEEK STAFF AND AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SOFTWARE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) BY, OR ON BEHALF OF, YOU RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE SOFTWARE, INCLUDING SPECIFICALLY ANY CLAIMS ARISING OUT OF THE FAILURE OF THE SOFTWARE TO OFFER EMERGENCY SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER BZEEK NOR ANY OF ITS PARTNERS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, HARDWARE COMPONENTS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BZEEK OR THE THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SOFTWARE, (B) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (E) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE BZEEK SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH BZEEK SOFTWARE.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you; in such event the liability will be limited as far as legally possible under the applicable legislation.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Bzeek may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on Bzeek's website. Your continued use of the Software following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement on End-User License Agreement. Please check this page from time to time for current terms of use.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the competent courts in Tel Aviv shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, (c) you may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of Bzeek. Upon reasonable notice to you, Bzeek may assign or transfer this Agreement at its sole discretion, (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms, (e) you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or this Agreement must be filed within 1 year after such claim or cause of action arose or be forever barred, (f) The section headings in this Agreement are for convenience only and have no legal or contractual effect, (g) the original English version of this Agreement may have been translated into other languages. In the event of an inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.
Jurisdiction and Law
This Agreement is governed by and is
to be construed in accordance with the laws of the State of Israel.
The parties hereby agree to submit to the Exclusive jurisdiction of
the courts of Tel-Aviv in Israel.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.