Last updated December 2nd, 2010
1. Introduction
Welcome to Softarama.com. By using and/or visiting the Softarama website, You signify Your consent to (i) abide to these Terms of Use; (ii) Softarama's Privacy Policy; (iii) any other guidelines, rules and policies which may be posted and updated on the Website from time to time. All such guidelines, rules and policies are incorporated by reference into these Terms of Use.
2. Definitions
"Content" means all the text, information, scripts, graphics, logos, photos, sounds, music, videos, interactive features and all other material on the Website, and the Trademarks and trade dress contained therein;
"Intellectual Property rights" means copyright, database rights, trademarks, service marks, trade dress, moral rights, author's rights, and other intellectual property rights, design rights (whether registered or otherwise) as may exist now or hereafter come into existence in any jurisdiction in the world, and all renewals and extensions thereof;
"Terms of Use" or mean the terms and conditions by which access and use of the Website is regulated; "Trademarks" means the trademarks owned by Softarama; "Softarama" means the owner of the Website; "Softarama Products" means the software products owned or duly licensed by Softarama;. "User" or "You" means any person accessing or making use of the Website; "Website" means the Softarama website located at Softarama.com.
3. Ownership
3.1 Softarama is owned by Softarama Systems Ltd, registered in Israel under Company Registration Number with its registered offices at .
3.2 All Content shown on the Wesbite (including its organization and presentation) is owned by Softarama or licensed from third parties and subject to copyright and other intellectual property rights. You may retrieve and display Content from this Website on a computer screen, print individual pages and store such pages in electronic form on disk excluding any storage device connected to a network, strictly for your own personal, non-commercial use. All other usage is precluded unless Softarama's prior written consent is obtained. All other trademarks that appear on this Website and are not owned by Softarama are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Softarama.
4. Softarama Products
4.1 All of Softarama's Products are the copyrighted works of Softarama or its suppliers. These Terms of Use do not apply to the purchase or use of the Softarama Products.
4.2 Softarama Products are only sold through resellers or distributors who do so in their own name and under their own terms and conditions. Any purchases initiated from this Website will be concluded with our trusted billing merchant in accordance with its terms and conditions, and you are therefore advised to review such terms prior to purchase. The prices shown on the Website are exclusive of all sales, use, value-added or other similar taxes (the “Taxes”). Any applicable Taxes will be added prior to the placing of your order in accordance with the billing merchant's terms and conditions as aforesaid.
4.3 The use of the Softarama's Products is subject to the applicable end user license agreement under which they are made available.
5. User Conduct and User Feedback
5.1 You represent and warrant that You are of sufficient legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree not to use the Website for any purpose that is unauthorized or unlawful and You acknowledge that Your failure to do so may subject You to civil and criminal liability. You further agree to abide by all applicable local, state, national and international laws and regulations.
5.2 You may link to the Website provided that You comply with the following: i) You do not create a frame, browser or border around the content of the site ii) You do not misrepresent Your relationship with Softarama or imply that it is endorsing You or Your products or services iii) You do not link to a website that:
• is discriminatory on the basis of a person's sex, race, disability, age, sexual orientation, religion or belief;
• is hateful, harassing or abusive by intent or otherwise;
• is derogatory to any individual or group or causes any other person annoyance, inconvenience or worry;
• is defamatory, libelous or deceptive about any person, organization or product;
• is offensive, obscene, indecent, sexually explicit, pornographic, threatening or criminal;
• is in violation of the privacy of others or otherwise breaches any obligation of confidentiality by which You are bound;
• unfairly criticizes or misrepresents others;
• is reasonably considered to be of an inflammatory nature or constitutes discussion on politics, religion and religious matters;
• plagiarizes or is in breach of copyright, trademarks, trade secrets and/or other personal or property rights of any other third party or in violation of any terms of use of any website;
• constitutes unsolicited, commercial or advertising material, pyramid schemes, chain letters or other junk mail of any kind;
• contains any viruses, Trojan horses, worms, scrapers, time bombs, cancelbots or any other computer programming routines or engines that are intended to damage, detrimentally interfere with, modify, impede, surreptitiously intercept or expropriate any system, data or information or others' use of the Website;
• constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause Softarama to violate any applicable law or regulations; or
• is likely to create any liability (whether criminal or civil, and whether for You or Softarama); and iv) You agree that Softarama reserves its rights to rescind its consent to allow links in general or specific instances, in which case any links already set up would have to be removed pursuant to Softarama's rights.
5.3 If you choose to communicate to Softarama any feedback, ideas or suggestions for improvement of the Website or any other product and/or service offered by Softarama ("Feedback"), Softarama shall have the right to freely use, modify, share, distribute and communicate such Feedback for any and all commercial and/or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such Feedback you elect to communicate to Softarama is not subject to any license or any other third party right.
6. Personal Information
6.1 Any personal information we collect from You is processed in accordance with Softarama's Privacy Policy.
7. Indemnification
7.1 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SOFTARAMA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS AND OTHER PARTNERS (COLLECTIVELY, "SOFTARAMA INDEMNITEES") HARMLESS, IN FULL AND IN PERPETUITY AGAINST ANY THIRD PARTY LIABILITIES, CLAIMS, COSTS, EXPENSES, OBLIGATIONS, LOSSES OR DAMAGES, INCLUDING CONSEQUENTIAL LOSS THAT MAY ARISE FROM I) YOUR UNAUTHORISED USE OF MATERIAL OBTAINED THROUGH THE WEBSITE; II) YOUR BREACH OF THESE TERMS OF USE; III) YOUR USE AND ACCESS TO THE WEBSITE; IV) ANY OTHER VIOLATION, ALLEGED OR ACTUAL, OF ANY THIRD PARTY RIGHT. YOU ARE SOLELY RESPONSIBLE FOR DEFENDING ANY SUCH CLAIMS, AND FOR PAYMENT OF LOSSES, COSTS, DAMAGES OR EXPENSES RESULTING FROM THE FOREGOING TO BOTH A THIRD PARTY AND TO THE SOFTARAMA INDEMNITEES IN CONNECTION THEREWITH. YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN APPROVAL OF SOFTARAMA, SETTLE, DISPOSE OR ENTER INTO ANY PROPOSED SETTLEMENT OR RESOULTION OF ANY CLAIM (WHETHER HAVING BEEN FINALLY ADJUDICATED OR OTHERWISE) BROUGHT AGAINST YOU, IF SUCH SETTLEMENT OR RESOLUTION RESULTS IN ANY OBLIGATION OR LIABILITY FOR ANY SOFTARAMA INDEMNITEE. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR ACCESS AND/OR USE OF THE WEBSITE.
8. Disclaimer
8.1 YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT ANY USE OF THE WEBSITE AND/OR THE CONTENT WILL BE AT YOUR OWN RISK. SOFTARAMA GIVES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED OR EXPLICIT, ABOUT THE WEBSITE, ITS CONTENT, NOR THAT ACCESS TO SUCH WEBSITE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY OR SAFE IN ANY MANNER. TO THE FULLEST EXTENT PERMITTED BY LAW, SOFTARAMA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY OR COMPLETENESS OF CONTENT, USER MATERIAL, TITLE, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE. SOFTARAMA STRONGLY RECOMMENDS THAT ANY INFORMATION AVAILABLE ON THIS WEBSITE IS VERIFIED BEFORE BEING RELIED UPON IN ANY WAY.
8.2 This Website may contain links to third party websites that are not owned or controlled by Softarama. Softarama has not reviewed, does not endorse, guarantee or assume responsibility for any product or service advertised or offered by any third party through the Website or any hyperlinked website or included in any banner or other advertising, and You agree that the purchase or use of any third party product or service is solely Your choice and at Your own risk. Access to any third party website from this Website is likewise Your choice and at Your own risk and Softarama shall assume no responsibility for the content, privacy policies, or practices of any such third party websites.
8.3 Softarama operates this Website from various locations and makes no representation that it is appropriate or available for use in all locations.
9. Limitation of Liability
9.1 IN NO EVENT SHALL SOFTARAMA, ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, INTERRUPTION, LOSS OF PROGRAMS OR OTHER INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM (I) YOUR USE OF OR ACCESS TO THE WEBSITE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE WEBSITE, (II) FOR ANY FAILURE OR INTERRUPTION OF THE WEBSITE; WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATIONS OR TRANSMISSION OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF SOFTARAMA OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 IN ANY EVENT, AND WITHOUT PREJUDICE TO THE ABOVE, SOFTARAMA'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY PART OR ALL OF THE WEBSITE, THE CONTENT OR USER MATERIAL IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO A HUNDRED ($100) UNITED STATES DOLLARS.
9.3 SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, SOFTARAMA'S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10. Miscellaneous
10.1 These Terms of Use and all other guidelines, rules and policies incorporated by reference constitute the entire agreement between You and Softarama relating to their subject matter and cancel and supersede any prior agreements between You and Softarama in relation to the Website. You acknowledge that You have read these Terms of Use, understand them and agree to be bound by them. By Your continued use of the Website, You affirm Your willingness to be bound by these terms so if You do not agree with any of the terms of these Terms of Use including the afore-mentioned guidelines, rules and policies, You should exit the Website, delete or destroy all Content and User Material which You have in Your possession and refrain from accessing this Website in the future. You may also be subject to additional terms and conditions that may apply when You use Softarama or third-party products or services.
10.2 If any part of these Terms of Use is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms of Use will not be affected.
10.3 These Terms of Use are governed by the laws of Israel, and subject to the non-exclusive jurisdiction of the Israeli Courts. Softarama shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Website in the courts of the country in which You reside.
10.4 Rights and obligations under these Terms of Use which by their nature are intended to survive termination, including without limitation the indemnification and limitation of liability provisions, will remain in full effect after termination or expiration of these Terms of Use.
10.5 Any express waiver or failure to exercise promptly any right under these Terms of Use shall not create a continuing waiver or any expectation of non-enforcement. Failure to comply to these Terms of Use may lead to action being taken against You. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.
10.6 Softarama may amend these Terms of Use, and any guidelines, rules and policies from time to time, and You agree to be bound by such amendments. Continued access to this Website will constitute Your acceptance of any changes to the Agreement, so it is Your responsibility to review these Terms of Use on accessing the Website. Each version of these Terms of Use will be identified at the top of the page by its effective date. If You do not agree to any modification to these Terms of Use, You must immediately stop using this Website. Terms of Use amendments shall not apply retrospectively to pre-existing disputes.
