Last Revised: December, 2020
1.1. This Search Product End User License Agreement ("EULA")is a binding legal agreement between the user ("User") and us, Buzz Innovation Ltd. ("Buzz", "we", "us", or "our"),which is the legal owner of various browser add-on extensions or other search products (the "Product"). This EULA will govern when the User uses the Product, including any associated features. It is important and recommended that the User take the time to read these Terms.
1.2. The User acknowledges that this EULA constitutes a binding and enforceable legal electronic contract between the User and Buzz. When installing and using the Product, the User acknowledges that he understood and agrees to this EULA and agrees to use the Product according to this EULA, and to comply with all applicable laws and regulations regarding his use of the Product.
1.3. In the event the User does not agree to this EULA, we prohibit him from continuing using the Product, and he must remove the Product from his device, or where applicable.
3. The Product Services
3.1. Buzz's Product is aimed to provide the User with advanced search features.
The User hereby acknowledges that the Product, when installed on his device, may change the search settings of the browsers, new tab setting and other features that the Product may provide. In addition, a direct web search and other advanced features may be provided by the Product.
Buzz's Product performance shall include relevant advertisements based on the searches made by the Users ("Product Services").
Buzz hereby grants it's User, and the User accept under this EULA, a limited, non transferable, nonexclusive, non-sub-licensable and fully revocable license, to install and use the Product ("License"). The User acknowledges that the License is subject to his/her compliance with this EULA and solely for his/her non-commercial, personal use. Buzz does not grant the User any other rights regarding the Product. Except as expressly provided in this EULA, all rights which are not granted to Users, are reserved by Buzz.
5. Third Parties' Content
5.1. Buzz's Product may include links to third parties webpages, websites, search results and advertisement, which are not operated or owned by Buzz. When the User accesses or interacts with such Third Parties' Content, the User will be subject to their terms and privacy policies. Buzz recommends the User to read such terms and policies once he interacts with such content. Buzz has no control over Third Parties' Content, and Buzz is not obligated to monitor them.
5.2. Buzz expressly disclaims all liability in respect of actions taken or not taken based on any third parties' content, which are at the User sole responsibility and risk.
5.3. The inclusion of such content in the Product and Product Services shall not be considered as endorsement on behalf of Buzz.
6. Representations and Warranties
6.1 The User represents and warrants that during his/her using of the Product, he/her shall not:
6.1.1. change, modify, edit, create a derivative work of, alter or bypass any feature of the Product;
6.1.2. sell, copy, lease, sublicense or share the Product and the Product Services, and the License granted to the Product, or any other commercially use of the Product and additional Services;
6.1.3. assert any proprietary rights in or to the Product, nor remove, amend or impair any notices of proprietary rights;
6.1.4. Disable, interfere, or circumvent with security-related features of the Product or impair its performance;
6.1.5. Use, access or attempt to use or access the Product with malicious codes or any automated means, such as scraping, crawling or any robot, spider etc.
6.1.6. use the Product and Product Services to promote, conduct, or contribute to fraudulent, illegal or any other inappropriate activities;
6.1.7. change, modify, decompile, disassemble, reverse engineer, translate, make any copies of, circumvent, hack, or any temptation to extract the source code of the Product;
6.1.8. Use the Product and the Product Services in any manner that may violate this EULA.
6.2. It is Buzz's sole distraction to suspend or terminate the User's access and use of the Product and Product Services, upon any breach of this EULA. The User's Breach of this EULA may result in civil and criminal liability, subject to applicable laws.
THE PRODUCT AND THE PRODUCT SERVICES ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, SUITABILITY, MARKETABILITY, INCOMPLETENESS, APPLICABILITY OR RELEVANCE OF THE INSTALLER AND SOFTWARE. BUZZ DO NOT WARRANT THAT THE PRODUCT IS OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE PRODUCT WILL BE FREE OF ANY ERRORS OR BUGS, OR THAT BUZZ WILL TAKE ACTIONS IN ORDER TO CORRECT THOSE ERRORS. BUZZ SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM TECHNICAL ISSUES IN THE PRODUCT OR PRODUCT SERVICES, TO THE USER OR ANY THIRD PARTY. BUZZ MAKES NO REPRESENTATION OR GIVE ANY WARRANTY THAT THE PRODUCT OR ITS SERVICESIS OR WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT SPECIFIC TIME. THE USER'S USE OF THE PRODUCT OR PRODUCT SERVICES IS AT THE USER OWN RISK AND RESPONSIBILITY.
8. Limitation of Liability
THE USER ACKNOWLEDGES AND AGREES THAT TO THE FULLEST EXTENT PERMITTED BY LAW, BUZZ, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, ETC., ARISING OUT FROM THE USE OR INABILITY TO USE THE PRODUCT OR THE PRODUCT SERVICES EVEN IF BUZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BUZZ OR BUZZ'S AFFILIATES AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT FROM OR RELATED TO THIS EULA AND TO THE PRODUCT SHALL EXCEED THE ACTUAL PRICE PAID BY THE USER FOR THE PRODUCT AND PRODUCT SERVICES OR 10 US DOLLARS, WHICHEVER IS LESS.
9. Product's Updates
9.1. We reserve the right, at any time, to perform any revisions to the Product and the Product Services, including any change, upgrade or update ("Revisions"). Buzz may not provide any notice regarding such Revisions, in advance or otherwise and shall not be liable for any damages or any other effect resulting from the Revisions.
9.2. Please note that by installing the Software you are approving the downloading and installation of automatic Revisions.
The User agree to defend, indemnify and hold harmless Buzz and Buzz's representatives, affiliates, directors, shareholders, officers or employees from any and all losses, damages, expenses, liabilities, demands, losses judgments and all related costs, including reasonable attorney's fees that arise as a result of the User's breach of this EULA.
11.1. The date in which the User installs the Product, will be the date in which this EULA will be in effect. The parties can terminate this EULA, at any time. If the User wishes to terminate the use of the Product, he may do so simply by removing the Product and the Product Services from his/her device according to the uninstall procedure through its browser's settings.
11.2. Upon termination, the License shall be automatically terminated as well. Buzz may terminate this EULA and stop the User from using all or any part of the Product and Product Services at any time, effective immediately. Buzz will not be liable to the User or any third party for any termination.
Buzz reserves the right to update or revise this EULA from time to time, at its sole discretion. Any updates to this EULA will become effective upon the display of the revised version. The last version date will be reflected in the "Last Revised" heading located at the top of this EULA. The User's continuous use in the Product and Product Services after the revision of the EULA shall be deemed an acceptance to such revised EULA, so the User needs to make sure to review this EULA from time to time. Buzz cannot guarantee to notify upon performing amendments to this EULA.
This EULA and the Product and Product Services shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law. Any dispute, claim or controversy arising out of, connected with, or otherwise relating to this EULA and the Product and Product Services will be under the exclusive jurisdiction of the competent court in Tel-Aviv, Israel. The limitation in respect to any claim to the Product and Product Services shall be limited to twelve (12) months as of the relevant claim, and will be permanently barred afterwards.
14.1. This EULA together with any amendments or updates, are the entire understanding between Buzz and the User regarding the Product and Product Services. If any part of this EULA is determined to be invalid or unenforceable, such determination shall not affect the remaining provision, which will remain valid and in full force.
14.2. The User shall not assign or transfer any of his/her rights under this EULA. Buzz may assign its rights and obligations under this EULA to any third party at its sole and absolute discretion.
14.3. In no event a failure of Buzz to enforce any rights or to take action against the User in the event of any breach hereunder shall be deemed as a waiver of such rights or of subsequent actions in the event of future breaches.
14.4. In no event Buzz shall be deemed in breach of this EULA if Buzz is unable to provide the Product, the additional Services or any part of the Product because of national emergency, earthquake, acts of God, insurrection, explosions, shortages, fires, riots, flood, labor dispute, storm or similar events, war, internet outages, pandemic or any act of any law, governmental order or regulation or any other event beyond Buzz's control.
14.5. The User is welcome to contact Buzz in any matter relating to this EULA and the Service as follows:
Buzz Innovation Ltd.
+1 (833) 766-5197
11 Hamenofim St. Herzliya 4672562, Israel