END USER LICENSE AGREEMENT
Fit-Time Browser Extension (“the Browser Extension”) and accompanying documentation is licensed and not sold. This Browser Extension is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. HBM Edison, Ltd or its subsidiaries, affiliates, and suppliers (collectively “HBM”) own intellectual property rights in the Browser Extension. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Browser Extension is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING THE BROWSER EXTENSION OR BY INSTALLING, USING, OR COPYING THE BROWSER EXTENSION. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE BROWSER EXTENSION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CANCEL AND YOU MUST NOT INSTALL, USE, OR COPY THE BROWSER EXTENSION.
Restrictions on Transfer
Without first obtaining the express written consent of HBM, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Browser Extension.
Restrictions on Use
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Browser Extension.
Restrictions on Alteration
You may not modify the Browser Extension or create any derivative work of the Browser Extension or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Browser Extension.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY HBM, HBM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.
HBM makes no warranty that the Browser Extension will meet your requirements or operate under your specific conditions of use. HBM makes no warranty that operation of the Browser Extension will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE BROWSER EXTENSION SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE BROWSER EXTENSION TO MEET YOUR REQUIREMENTS. HBM WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL HBM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE BROWSER EXTENSION, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF HBM OR ANY OTHER PARTY, EVEN IF HBM IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS HBM’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
All limited warranties on the Browser Extension are granted only to you and are non-transferable. You agree to indemnify and hold HBM harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of The State of Israel.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
HBM welcomes your questions or comments regarding this EULA. If you believe that HBM has not adhered to this Statement, please contact HBM at:
HBM Edison, Ltd
21 Nordau Street
Herzliya, Israel, 4658511
Effective as of March 01, 2021