Armo Eula

END USER LICENSE AGREEMENT

Please read the terms and conditions of this End User License Agreement(“agreement”) carefully before downloading, installing or using the ARMO Software made available for download with this Agreement (“Software”).

This Agreement is a legal agreement between you (both the individual downloading or installing the Software and any single legal entity on behalf of which such individual is acting) (“You”) and CyberArmor Ltd., dba ARMO (“ARMO”) regarding the Software.

Taking any step to download, install, setup or use the Software (any portion of thereof) constitutes your assent to and acceptance of this Agreement.  Written or electronic approval is not a prerequisite to the validity or enforceability of this Agreement and no solicitation of such written or electronic approval will be construed as an inference to the contrary. If you do not agree to the terms of this Agreement or are not authorized to bind the entity on behalf of which you are acting, do not download, install or use the Software and destroy any copies of it that you may have downloaded.

1.               License Grant. Subject to and conditioned upon your compliance with the terms of and conditions this Agreement, ARMO hereby grants you, during the License Term, a limited, personal, non-exclusive, non-transferable, non-sublicensable right to download the Software and use the Software, solely for the purpose of enabling access to ARMO’s cloud-base services (“License”). You are solely responsible to ensure that the Software is properly installed and used.  

2.               Evaluation of the Software.  You may download and use the Software for a limited period of 30 days, solely for trial non-production purposes, in order to determine whether you wish to obtain a commercial license to the Software.  Your right to use the Software for an evaluation will be, notwithstanding anything to the contrary: (a) subject to the terms of this Agreement; and (b) on an “AS IS” basis, without warranties of any kind.  Following the end of the 30-day evaluation period, you will either (i) cease using and delete any such trial Software from your computer systems or (ii) purchase a commercial license for the Software.

3.               Use Restrictions. You agree and undertake not to: (a) sell, lease, sublicense, distribute or otherwise transfer the Software to any third party, or otherwise allow access to or use the Software for or on behalf of any third party; (b) reverse engineer or decompile the Software or otherwise attempt to reconstruct or identify any underlying source code; (c) copy, reproduce, modify, or cerate derivative work of the Software; (d) use the Software in any illegal manner or for unlawful purposes; (e) remove or alter any copyright, trademark, or other proprietary notices or legends appearing in the Software; (f) disclose the results of any benchmarking of the Software, or use such results for your own competing software development activities; (g) attempt to circumvent any use limitations built into the Software; or (h) use the Software to develop a competing product or service.

4.               Proprietary Rights. ARMO owns and will retain all right, title and interest, including all intellectual property rights, in and to the Software. This Agreement does not convey to you any interest, license or right, express or implied, in or to the Software, other than the limited rights explicitly granted to you in this Agreement. If a claim alleging infringement of an intellectual property right arises concerning the Software, ARMO in its sole discretion may elect to, but will not be required to, defend or settle such claim. In the event of such a claim, ARMO may also in its sole discretion elect to terminate this Agreement.

5.               Confidential Information. If in connection with this Agreement or your use of the Software you have access to any non-public, confidential, proprietary or trade secret information or data of ARMO (“Confidential Information”),you agree: (a) not to disclose ARMO’s Confidential Information other than to your directors, officers, employees, advisors or consultants on a strict “need to know” basis and provided that such individuals are bound by written agreements containing confidentiality obligations substantially similar to those contained herein; (b) not to use any Confidential Information for any purposes except to carry out your responsibilities under this Agreement; (c) to keep the Confidential Information confidential using at least the same degree of care you use to protect your own confidential information, and in no event less than reasonable care. Notwithstanding the foregoing, if you are required by legal process or any applicable law to disclose any Confidential Information, then prior to such disclosure, you will give prompt written notice to ARMO. Upon termination of this Agreement or at any time upon ARMO’s request, you shall promptly return to ARMO or destroy all Confidential Information in your possession, and so certify to ARMO.

6.               Payment.  In consideration of the license granted under this Agreement, you shall pay all fees set forth in the applicable order form (“Fees”). All Fees are nonrefundable, except as otherwise provided in this Agreement or the applicable order form.  All payments shall be due and payable in accordance with the terms set forth in the applicable order form.  The Fees do not include, and you will be responsible for and pay any tax payable with respect to the Fees.

7.               Support. ARMO will use commercially reasonable efforts to provide remote support services (by phone or online) pursuant to its then-current support policy.

8.               Warranty. ARMO warrants that during the License Term, the Software will perform in all material respects in accordance with the then-current end-user documentation for the Software.

9.               Warranty Disclaimer. except as explicitly set forth herein The Software is provided on an “as is” basis, without warranty of any kind. To the maximum extent permitted by applicable law, ARMO disclaims all warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Further, ARMO does not warrant that the Software will be uninterrupted or error-free, or that defects in the Software will be corrected.

10.            Limitation of Liability. To the fullest extent allowed under applicable law, (a) in no event will ARMO be liable for lost profits, loss of use, loss of data, cost of procurement of substitute goods or services, or any other special, incidental, indirect or consequential damages, in connection with this Agreement or arising out of the use of or inability to use the Software, whether or not ARMO has been advised of the possibility of such damages; and (b) in no event will ARMO’s liability to you under this Agreement exceed the higher of (i) the total fees paid by you in the twelve-month period immediately preceding the event giving rise to the liability; or (ii) the total amount of US$100.  

11.            Term and Termination. Unless earlier terminated as set forth herein, this Agreement will commence as of the effective date set forth on the applicable order form, and will continue in full force and effect for the license term set forth in the applicable order form (the “License Term”).  This Agreement will terminate : (a) in the event of any breach or default by you upon written notice of termination by ARMO(b) upon expiration of the License Term. Upon termination of this Agreement, all rights granted to you under this Agreement will terminate, you shall discontinue all further use of the Software, and delete all copies of the Software, and so certify to ARMO.  Termination of this Agreement or any order form shall not relieve you of your obligation to pay all Fees that have accrued or are otherwise owed by you under this Agreement or any applicable order form. Sections 2, 5, 6, 9, 10, 11 and 12 will survive any termination of this Agreement.

12.            General. This Agreement constitutes the entire agreement between the parties with respect to license of the Software, and supersedes any previous oral or written communications or documents. This Agreement may not be modified except by a written agreement signed by ARMO and you. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement will continue in full force and effect. Failure to prosecute a party’s rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach. You may not assign this Agreement without ARMO’s prior written approval, and any purported assignment in violation of this clause will be null and void and result in the automatic termination of this Agreement. ARMO may assign this Agreement at its discretion. No waiver of any breach will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement will be governed by and construed in accordance with the laws of the State of Israel and only the competent courts of Tel Aviv, Israel will have jurisdiction over any dispute arising from this Agreement, and you agree to submit to the exclusive jurisdiction of such courts. You acknowledge and agree that, due to the unique nature of the Software, there can be no adequate remedy at law to compensate ARMO for the breach of this Agreement, that any such breach may result in irreparable harm to ARMO which would be difficult to measure; and, therefore, that upon any such breach or threat thereof, ARMO will be entitled to seek injunctive and other appropriate equitable relief in any court of competent jurisdiction, in addition to whatever remedies it may have at law, hereunder, or otherwise.  You represent and warrant that you are not prohibited from receiving the Software or using under U.S., Israeli or other export laws.

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