Updated: July, 2023

This End User License Agreement (“EULA”) govern your use of our Search Services (as defined herein) and the download and install of this search product (“Search Product”), including any revisions, improvements, new releases and related documentation in connection thereto and constitutes a legally binding agreement between you (“user” or “you”) and us our Search product (“we”, “us” or “our”).

Acceptance of The Terms

please read this EULA thoroughly before downloading or using our Search Product or Search Services and any feature provided therein. By clicking the “ACCEPT” or “ADD TO” (or similar button), downloading or using the Search Services you acknowledge that you have read, understood, and agree to be bound by this EULA. This EULA constitutes a binding and enforceable legal contract between us and you. If you do not agree with this EULA or any part hereof, you may not use our Search Services. 

Search Product and Service

The Search Product provides users with enhanced and customized search features. 

Please note that the Search Product may change your browsers’ new tab setting or various featured offered that you choose to install and it also may affect your browsers’ search settings.  

As part of this Search Product features, you will be provided with a direct web search, as well as other enhancing features, including personalized content, advertisements and search result, based on your searches and inquiries (“Search Services”). Note that the operation of the Search Product and Search Services is subject to internet connection. 

Please be advised that the Search Services will link to third parties’ content, websites, webpages, etc., such as advertisement, search results (“Content”). This Content is not operated, developed, owned or controlled by us. It is your responsibility to review the terms and policies of the applicable third party, providing the Content, as they will govern you use. 

License and Intellectual Property Rights

Subject to your compliance with the terms of this EULA, we hereby grant you a personal, limited, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to use, access, download and install the most current generally available version of the Search Product (including all updates thereto) and use the Search Services, all subject to your lawful, personal and non-commercial use of the Search Product and the Search Services. Your license hereunder is limited to the above, and thus, you may not allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part to any third party.

You acknowledge that all right and interest in the Search Product’s , including any intellectual rights, such as (but not limited to) trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications, evidenced by or embodied in or attached, connected, related to the Search Product, are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Search Product. Except as expressly granted herein, we retain all right, title and interest in and to our Search Product and Search Service, as well as any content provided or made available in connection with our Search Services (excluding third party’s services). 

Representations, Warranties and Restrictions of Use

You hereby represent and warrant that:

• you are eligible to enter into this EULA; 
• you have all required authorization, if you are acting on behalf of a corporation or any third party, to engage in this EULA.
• you are of legal competence to enter into this EULA and you are at least sixteen (16) years.
• you are either the owner or an authorized user of the device in which the Search Product is installed.
• you will install the Search Product and use the Search Services only in accordance with our instructions and the EULA .
• you will use the Search Product in full compliance with all applicable laws, rules and regulations.

Except as expressly provided under this EULA, you may not, nor may not enable others to, directly or indirectly: 

• copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Search Product and Search Services or any part thereof, including any underlying source code therein; 
• circumvent, disable or otherwise interfere with security of the Search Product and Search Services, or interfere, in any manner, with others’ use of the Search Services; 
• use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available within the Search Services, or to manipulate the Search Product in any manner; 
• remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights; 
• use our name, logo or trademarks without its prior written approval; or 
• use the Search Product for any fraudulent or illegal purpose, or in breach of the terms of this EULA.

Updates and Changes to The Search Product and Search Services

We may, from time to time at our sole discretion, change, modify, alter, add or remove features and functionality of our Search Product and Search Services. Please note, that such changes will not be subject to a notice. Please be advised that, after the Search Product is installed on your computer, it will communicate with our servers for automatic updates. You hereby agree that the we may automatically download and install updates to the Search Product, from time to time, without prior notification. These updates are designed to improve, enhance and further develop the Search Product and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You hereby agree to receive such updates as part of your use of the Search Product.

In addition, we reserve the right to discontinue some or all of the features of our Search Services at any time, at our sole discretion (including the provision of any updates, upgrades or fixes). We have no obligation to provide you with any features, functionality, upgrades or bug fixes. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Search Service, or any portion thereof. If you are dissatisfied with the Search Service, your sole option is to discontinue or terminate your use of the Search Service. 

Disclaimer of Warranty and Limitation of Liability

EXCEPT AS PROVIDED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SEARCH PRODUCT AND SEARCH SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SEARCH PRODUCT AND SEARCH SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF AND RELIANCE ON THE SEARCH SERVICES OR ANY INFORMATION OR FEATURE PROVIDED THEREIN ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR INSTALL OF THE SEARCH PRODUCT AND SEARCH SERVICES AND USE OF THE SEARCH SERVICES. WE MAKE NO WARRANTY THAT THE SEARCH PRODUCT WILL BE AVAILABLE ON A CONTINUOUS BASIS, SECURED, FREE OF VIRUSES, WORMS, BUGS, OTHER HARMFUL COMPONENTS, OR PROGRAM LIMITATIONS. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS. 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WE, INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO THE SEARCH PRODUCT OR YOUR USE OR INABILITY TO USE THE SEARCH SERVICES. OUR LIABILITY SHALL NOT EXCEED THE COST OF THE SEARCH SERVICES. 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, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

Our Privacy Practices

By using the Search Product and Search Services, you enable us, or third parties, to access, use, and collect information associated with your use of the Search Product. Our practices concerning the collection, use and disclosure of your information are addressed in our Privacy Policy, available at: Privacy, which is an integral part of this EULA and incorporated herein by reference. We encourage you to periodically review our Privacy Policy.

Indemnification

You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation and/or breach of any term of this EULA; and (ii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party associated with your use of the Search Product or Search Services (including your violation of any third party rights).

Termination

You may terminate your use of the Search Product and Search Services at any time and for any reason by uninstalling the Search Product, and cease using the Search Services. To uninstall the Search Product please refer to the standard uninstall processes available through your browser’s settings.

We may terminate your access to Search Product or our Search Services at any time, with or without cause and with or without notice, effective immediately.

Please note that, any termination may result in the destruction of all information and data associated with your use of the Search Product. Upon termination, all licenses and other rights granted to you under this EULA will immediately cease. We are not liable to you or any third party for termination of the Search Services. The provisions of this EULA, which by their nature should survive any such action on our part, shall survive.

Changes to this EULA

We may amend the terms of this EULA from time to time, and without any notice. We will make best efforts to provide a notification regarding what we believe are material changes of this EULA, at our sole discretion. Any material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to this EULA are effective as of the stated “Updated” date and your continued use of the Search Services following the Updated date will constitute acceptance of, and agreement to be bound by, those changes. 

General

This EULA constitutes the entire agreement between the parties with respect to the use of the Search Product and our Search Services. 

This EULA and any dispute arising in connection with to the Search Product and Search Services shall be governed by the laws of the State of Israel, without regard to the conflicts of laws principles thereof. You hereby submit to the exclusive jurisdiction and venue of the applicable court in Tel Aviv, Israel.

If any provision of this EULA is held to be invalid, void or inoperative, the remaining provisions of this EULA shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. 

Neither course of dealing nor any delay in exercising any rights hereunder shall be deemed as a waiver of any such rights.  No waiver of any default or breach shall be considered a continuing waiver or a waiver of any other breach or default.

No failure or omission by us in the performance of any obligation under this EULA shall be deemed a breach of the EULA nor create any liability if the same shall arise from any cause or causes beyond our reasonable control, including but not limited to the following: acts of God, acts or omissions of any government or any officer, department, agency or instrument thereof; fire, storm, flood, earthquake, accident, acts of the public enemy, war, rebellion, failure of telecommunication services, public utilities, or an internet brown out, insurrection, riot, invasion, strikes, or lockouts.

We may assign our rights under this EULA to any third party at our sole discretion.

Contact Information.

If you have any questions with respect to this EULA, Search Product and Search Services please contact us at: support@searchpwapp.com