Fortect End User’s License Agreement

Fortect End User’s License Agreement

This End User License Agreement (“Agreement”) is a legal binding agreement between Fortect Ltd. (“Company”, “us” or “we”) and you, an individual, a person, end user (“User“ or “you”).

The Agreement governs the use of the Software and the Services (as such terms shall be defined below) including any related features. Additionally, any data processed by us is governed by the Privacy Policy available at: fortect.com/privacy/ which we recommend you review prior to using the Software and the Services.

BY CLICKING “I ACCEPT” OR SIMILAR WORDING DURING OR PRIOR TO INSTALLING THE SOFTWARE AND USING THE SERVICES THEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ACKNOLEDGE THE PRIVACY POLICY. YOU FURTHER AGREE TO FULLY COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE SOFTWARE AND THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY PROVISION HEREIN, DO NOT INSTALL OR OTHERWISE USE THE SOFTWARE AND THE SERVICES THEREIN IN ANY MANNER WHATSOEVER. THE AGREEMENT WILL BECOME EFFECTIVE ON THE DATE YOU ACCEPT THE AGREEMENT OF INSTALL THE SOFTWATE (“EFFECTIVE DATE”).

Amendments To The Services And Agreement

The Company is constantly working on enhancing the Software and the Services. As such, and since there may be changes to applicable laws, Company may update and revise the terms of this Agreement. Company will use reasonable efforts to notify you of the changes through communications via an email or other available means. Once updated, the Agreement will become effective and you will be bound by it if you continue to engage with the Software and the Services. Notwithstanding the above, changes to this Agreement, will take effect immediately without prior notice, and reflected through the "Last Modified" header, where such changes are: (i) exclusively to your benefit, (ii) where they are of a purely administrative nature and have no negative effect on you; (iii) where they are directly imposed by law, or (iv) due to important security compliance or risk conditions.

1. Software And Service

1.1. As used in this Agreement the term "Software" means: (i) computer program accompanied by this Agreement and all components thereof, including the object code form of the Software supplied on a data carrier, via electronic mail or downloaded via the Internet; (ii) any related explanatory written materials and any other possible documentation related to the Software, above all any description of the Software, its specifications, any description of the Software properties or operation, any description of the operating environment in which the Software is used, instructions for use or installation of the Software or any description of how to use the Software ("Documentation"); and (iii) patches, extensions, updates or upgrades to the Software ("Updates"), Updates are therefore installed automatically, unless the User has disabled the automatic installation of Updates.

1.2. As used in this Agreement the term "Service" means: depending on the plan you purchase (as detailed herein: Pricing Page), the services shall mean and include, the Software, Computer (PC) repair services, Computer scanning, reporting, malware and virus detection, system optimization, and any additional features and services, as may be amended and added from time to time. The Services further include any technical support.

1.3. We shall provide technical support at our own discretion, without any guarantees or declarations. No technical support will be provided after the Software or any of its features reaches the “End of Life” date defined or subscription plan was completed and not renewed. The User shall be required to back up all existing data, software and program facilities prior to the provision of technical support. The Company does not take liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support. The Company reserve the right to decide that resolving the problem is beyond the scope of technical support or to refuse, suspend or terminate the provision of technical support at its own discretion. License information, Information and other data in compliance with Privacy Policy may be required for the purpose of technical support provision.

1.4. The Free Download diagnosis, Manual Repair & Automated Repair features are intended to find issues, errors, threats, junk, and Malware that can be removed by a Fortect owned & operated Malware engine and Database with the latest threats available. The preliminary scan does not require payment or sign up and is set to run automatically daily on system startup for your convenience. As part of our malware engine there is a DLL file called Ffmpeg.dll, which is operated and owned by Fortect. In addition, for the purpose of removing malware we use the Avira anti-malware engine, which is licensed to us legally. It’s important to note that the product doesn’t aim to be a replacement to other antivirus applications that may be available on your device.

2. Installation And A License Key

2.1. The Software supplied on a data carrier, sent via electronic mail, downloaded from the Internet, downloaded from Company’s website available at: www.fortect.com, landing pages, through resellers or affiliates, as applicable and determined by the Company. You must install the Software on a correctly configured Computer, complying at least with requirements set out in the Documentation. No computer programs or hardware which could have an adverse effect on the Software may be installed on the computer on which you install the Software.

2.2. The “License Key” means the unique sequence of symbols, letters, numbers or special signs provided to the User in order to allow the legal use of the paid-service provided by Software. Each License Key is applicable to a User, meaning a hardware computer. You may purchase multi-device or unlimited plans which enable you to use the Software on various computers.

3. Grant Of License And Proprietary Rights

3.1. Subject to this Agreement, you are hereby granted with a limited, non-exclusive, non-transferable, non-sub-licensable and revocable license, to download the Software and use the Services ("License"). You hereby acknowledge that the License is granted to you subject to compliance with the provisions herein and solely for your non-commercial, personal use. Furthermore, unless you purchase a multi-device or unlimited License, you hereby acknowledge that the License may be used solely by one User, meaning on one hardware computer, and you may not grunt access to the License Key or any part of the Software, to any person who did not purchase the License for using the Software on additional computers. Software shall be used exclusively in private or non-commercial environments for home and family use only. The License shall terminate automatically at the end of the period for which granted.

3.2. The Software can be transferred from one Computer to another, unless contrary to the terms of the Agreement. If not contrary to the terms of the Agreement, the User shall only be entitled to permanently transfer the License and all rights ensuing from this Agreement to another User subject to Company's consent, and in accordance with the following terms (i) the original User does not retain any copies of the Software; (ii) the transfer of rights must be direct, i.e. from the original User to the new User; (iii) the new User must assume all the rights and obligations incumbent on the original User under the terms of this Agreement; (iv) the original User has to provide the new User with documentation enabling verification of the genuineness of the Software as specified under Article 1.1 and the License Key.

3.3. Any other rights which are not specifically granted herein by the Company, are retained by the Company and the Company and its licensors are the sole owner of the Software and the Services. Additionally, any and all intellectual property rights, title and interest of any kind in and to the Software and the Services, including, without limitations, tradenames, trademarks, logos and any and all modifications, upgrades, derivative works, know-how, technology methods, ideas and inventions, rights in software and computer code (whether in source code, object code or any other form) and all applications and registrations (excluding Users' information included in such applications or registration forms), are and shall remain the exclusive property of the Company and its licensors.

Payments, Fees And Taxes

Trial: the installation and initial scan is free of charge, following the completion of the installation process, the Software will generate a comprehensive report detailing errors, security problems detected and recommended repairs ("Report"). Following, you will need to purchase a License Key, as detailed herein - Pricing Page.

Subscription: Unless otherwise set forth, you will pay all fees subject to the applicable plan in accordance with the following: (a) the Services fees are invoiced annually in advance; (b) payment will be due within thirty (30) days from the date of the invoice; and (c) all amounts will be denominated and payable in the currency specified in the Pricing Page.

All payments and other amounts payable by the User under this Agreement are exclusive of all taxes, including without limitation, sales, use, value-added, withholding or other taxes, customs, levies, or duties imposed by taxing authorities on transactions, and the User shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on Company’s net income.

The initial term of this Agreement commences on the date specified in the invoice or applicable purchasing documentation accompanying the Software, and continues for the period of time set forth in the invoice or applicable purchasing documentation ("1 year"). Following the Initial Term, your License shall automatically renew for additional periods equal to the Initial Term, and on such terms as available on Company's website at the time of the renewal, unless you provide us with at least thirty (30) days' prior written notice (email shall be sufficient) before the end of any relevant renewal period ("Subscription Period").

Refund Policy

We stand behind our software, and your satisfaction is important to us. If you're not happy with the software for any reason, you can request a full refund within 60 days of your purchase. Simply send us an email at [email protected].

Please note that once we issue the refund, your license will be revoked, and any further use of the software will infringe on our copyright rights.

User Representations And Warranties

You hereby represent and warrant that any download, installation, use or access you make in connection to our Software and Services is your sole responsibility and at your sole risk. Moreover, you represent and warrant that any use you make of our Software and Services for anything unlawful or illegal; violating a third party’s rights, including privacy and property rights, and harassing others; harming, or attempting to harm, others (“Prohibited Uses”). We may suspend your account where we deem it necessary to prevent or terminate any suspected Prohibited Use or violation of law. Such suspension shall not toll or pause your license term from elapsing or entitle you to any refunds.

The use of the Software and the Services shall be made solely in accordance with this Agreement, as may be amended from time to time and solely for the purposes stipulated therein.

By using our Software and Services, you represent and warrant that you will not:

1. modify, edit, change, alter nor bypass any feature of the Software and Services;
2. circumvent, interfere or disable the security features of the Software and Services or degrade its performance in any way;
3. use any malicious codes or automated means, including scraping, crawling, or any robot, spider etc., when accessing the Software;
4. copy, sell, lease, sublicense, share or distribute the Software and Services including the License granted herein, or otherwise commercially exploit the Software and Services;
5. assert any proprietary rights in or to the Software and Services, or any feature or content therein; or

PLEASE NOTE THAT ANY USE OF THE SOFTWARE IN BREACH OF THIS AGREEMENT MAY RESULT, AT COMPANY'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS AND USE OF THE SOFTWARE, AS WELL AS RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.

Disclaimer

YOU ACKNOWLEDGE THAT THE SOFTWARE AND THE SERVICES ARE PROVIDED BY US "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, OR WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SOFTWARE AND THE SERVICES ARE OR WILL BE FREE OF VIRUSES OR HARMFUL CODE NOR THAT THE SOFTWARE AND THE SERVICES WILL BE ERROR-FREE. THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS. WE MAKE NO REPRESENTATION OR WARRANTIES THAT THE SOFTWARE AND THE SERVICES ARE OR WILL BE AVAILABLE FOR USE IN ANY SPECIFIC LOCATION OR TIME. YOUR USE OF THE SOFTWARE AND THE SERVICES ARE AT YOUR OWN RISK AND RESPONSIBILITY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATIONS, LOST OF PROFITS OR DATA, OR DAMAGES TO EQUIPMENT, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE AND THE SERVICES EVEN IF THE COMPANY OR ANYONE ON ITS BEHALF, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT CONTRADICTING THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR ALL EXCEED THE ACTUAL PRICE PAID BY YOU FOR YOUR USE OF THE SOFTWARE AND SERVICES DURING THE 12-MONTS FOLLOWING SUCH CLAIM.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Software and the Services; (ii) any breach of the terms of the Agreement by you; (iii) your infringement of any third party rights, including, among others, any copyright, intellectual property right or privacy right; (iv) any claim that one of your act or omission caused damage to a third party; (v) your breach of any law, rule or regulation as applicable to you in connection with the Software and the Services; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

Term and Termination

This Agreement is in effect as of the date in which you install the Software and until the termination of the Subscription Period. At any time, Company may terminate this Agreement without providing any notice to you. At any time, you may terminate this Agreement by uninstalling the Software. You may uninstall the Software by following the instructions in the uninstall page available here.

Upon termination of this Agreement the License shall be automatically terminated as well and you may not interact with or download the Software, unless you expressly receive and agree to be bound by this Agreement.

Notwithstanding the above, the Company and its licensors may cease the operation of the Software and Services at any time. The Company shall not be liable to you or any third party for any of the foregoing. The provisions of this Agreement, which by their nature should survive any such action on our part, shall survive.

Privacy And Personal Information

Your privacy is important to us, and we take measures to protect it. In order to ensure the proper functioning of our Software and Services, there may be instances where you will be requested to provide certain personal information or enable its transmission.

By using the Software or Services, you explicitly consent to the collection, transmission, storage, and processing of such personal information as outlined in our Privacy Policy. We encourage you to review our Privacy Policy to understand how your personal information is handled and safeguarded.

General Terms

1. Governing Law: this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of law. Any claim, controversy, or dispute arising under, related to, or otherwise in connection with this Agreement, the Software and Services, will be exclusively resolved in the competent courts located in Israel. No actions may be brought against the Company arising from or in connection with the Agreement later than one (1) year following the effective date of the expiration or termination for any reason of the Agreement.
2. Force majeure: the Company shall not be deemed in breach of this Agreement if the Company is unable to provide the Software, Services or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, internet outages, global pandemic or any act of god or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control.
3. Entire Agreement: this Agreement and any amendments shall constitute the entire understanding between the parties with respect to the Installation Product and Services. If any part of this Agreement is later decided to be unenforceable or void, it will not affect the validity of the remaining provision of this Agreement, which shall remain valid and enforceable.
4. Assignment: you may not assign or transfer this Agreement, the License, or any right or obligation herein. The Company expressly reserves the right, at its sole discretion, to assign this Agreement and to delegate any of its obligations detailed herein.
5. Waiver: Company's failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.