End-User License Agreement for Code Filter (free edition) ("Agreement")

Last updated: January 20, 2022

IMPORTANT, PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING, DOWNLOADING OR USING THE CODE FILTER (FREE EDITION) SOFTWARE.

IF YOU DO NOT AGREE TO, OR DO NOT FULLY UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THIS SOFTWARE.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

  • Agreement means this End-User License Agreement that forms the entire agreement between You and the Licensor regarding the use of the Software.

  • Software means the software program in binary form including documentation and any subsequent updates provided by the Licensor and downloaded/installed by You to a Device, named Code Filter (free edition)

  • Licensor (referred to as either "the Licensor", "We", "Us" or "Our" in this Agreement) refers to Savely Hmelnitski, the author of the Software.

  • Content refers to content such as text, images, video or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Country refers to: The State of Israel.

  • Device means any device that can access the Software such as a computer or a virtual machine.

  • Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Software.

  • You means the individual accessing or using the Software or the company, or other legal entity on behalf of which such individual is accessing or using the Software, as applicable.

Acknowledgment

By downloading, installing or using the Software, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download, install or use the Software.

This Agreement is a legal document between You and the Licensor and it governs your use of the Software made available to You by the Licensor.

The Software is the property of the Licensor. All modifications, enhancements, derivatives and other alterations of Software regardless of who made them, will be the sole and exclusive property of the Licensor.

The Software is licensed, not sold, to You by the Licensor for use strictly in accordance with the terms and conditions of this Agreement.

License

Grant of License

The Licensor grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software strictly in accordance with the terms of this Agreement.

The license that is granted to You by the Licensor is solely for your personal use of the Software as a developer productivity tool.

The Software can be used during development of non-commercial or commercial products, can be used at home or at work, as long as it is used strictly in accordance with the terms and conditions of this Agreement.

License Restrictions

You agree not to, and You will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party.

  • Modify, make derivative works of, disassemble, decrypt, translate, attempt to discover source code, decompile or reverse engineer any part of the Software.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Licensor or his affiliates, partners, suppliers or the licensors of the Software.

Intellectual Property

The Software, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Licensor.

The Licensor shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Software. To the extent the Licensor is required to provide indemnification by applicable law, the Licensor shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Software or your use of it infringes any third party intellectual property rights.

Your Suggestions

Any feedback, comments, ideas, bug reports, test results, improvements or suggestions provided by You to the Licensor with respect to the Software shall remain the sole and exclusive property of the Licensor.

The Licensor shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Modifications to the Software

The Licensor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to You.

Updates to the Software

The Licensor may from time to time provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Software. You agree that the Licensor has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Software to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Software, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Licensor does not provide any maintenance or support for the download and use of the Software. To the extent that any maintenance or support is required by applicable law, the Licensor shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Software may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Licensor shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Licensor does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties' Terms of agreement when using the Software. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Licensor. The Licensor may, in his sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Licensor, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Software and delete all copies of the Software from your Device.

Termination of this Agreement will not limit any of the Licensor's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Licensor and his subsidiaries, affiliates, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Software is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Licensor, on his own behalf and on behalf of his affiliates and his and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Licensor provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Licensor nor any of the Licensor's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Software; or (iv) that the Software, its servers, the content, or e-mails sent from or on behalf of the Licensor are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. It's your sole responsibility to ensure the Software itself or any communication channel has not been tampered with and is safe to execute in your environment.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case you should not download, install or use the Software.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Licensor and any of his suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Software. Since the software is provided free of charge, no such remedy will be paid by the Licensor.

To the maximum extent permitted by applicable law, in no event shall the Licensor or his suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and/or third-party hardware used with the Software, or otherwise in connection with any provision of this Agreement), even if the Licensor or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Licensor does not make any warranties concerning the Software.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Licensor reserves the right, at his sole discretion, to modify or replace this Agreement at any time.

By continuing to access or use the Software after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Software.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Software. Your use of the Software may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Licensor regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between You and the Licensor.

You may be subject to additional terms and conditions that apply when You use or purchase other Licensor's services, which the Licensor will provide to You at the time of such use or purchase.

Contact Us

If you have any questions about this Agreement, You can contact Us: