Please read carefully the terms and conditions of this end user license agreement between you and DSNR LABS (the “EULA”) before downloading, installing or using the eType software or any accompanying documentation (collectively, the “Software”). This EULA also apply to any DSNR LABS updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items.
1. BY USING THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS EULA. If you do not accept them, do not use the Software. If you comply with these EULA terms, you have the rights below.
3. The Software serves, inter alia, as an auxiliary tool for enhancing your writing and formulating capabilities in digital texts. DSNR LABS exercises no control and does not guarantee any consequence, result or achievement deriving from usage of the Software and/or any feature thereof, and any and all data, tool and/or information provided through or embedded in the Software shall be construed solely as a non binding recommendation made for your benefit. The final decision whether or not to use such recommendation shall be made by you. You are aware that some of the Software modules are based on statistical analysis, therefore the Software can not guarantee any definitive results or consequences, but solely provide non binding recommendations to you.
4. Scope of License.
4.1. Use of the Software is restricted to use by the specific licensing entity only, and only for your internal business or domestic purposes. You may not use the Software for any commercial purpose or for the benefit of any third parties or provide service bureau or other access or use of the Software to third parties.
4.2. You may install and use any number of copies of the Software on your devices. The Software is licensed, not sold. This EULA only gives you some rights to use the Software. DSNR LABS reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this EULA. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways.
4.3. You may not transfer the Software or this EULA to any third party, or use the Software for commercial software hosting services.
4.4. You may make one backup copy of the Software. You may use it only to reinstall the Software.
4.5. You may uninstall the Software and install it on another device for your use. You may not do so to share this license between devices.
5. Software Content.
5.1. DSNR LABS provides a software-as-a-service technology which allows you to enhance your writing and formulating capabilities in digital texts, by automatically providing proposals for the possible completions of you (the “Auto Completion Feature”).
5.2. The Auto Completion Feature further includes dictionaries and additional content, such as etymologies, pronunciations, sample quotations, synonyms and translations (the “Content”). DSNR LABS offers the Content to you as a recommendation to use only. The Content is derived from few resources, having different legal and commercial implications, as further detailed below:
5.2.1. Proprietary Dictionary – a proprietary dictionary and lexical database of DSNR LABS, independently developed by DSNR LABS (the “Proprietary Content”).
184.108.40.206. Thesaurus by Gutenberg Project – some of the Content was taken from Project Gutemberg eBook. According to Project Gutenberg license terms, such eBook is for the use of anyone anywhere at no cost, with almost no restrictions whatsoever, and you may copy it, give it away or re-use it under the further terms of the Project Gutenberg License included with such eBook or online at www.gutenberg.net. The Project Gutenberg license terms can be reviewed under:The Project Gutenberg License.
5.2.3. End Users Content – You and other end users of the Software (the “End User(s)”) are invited to contribute to the Content, by voluntarily providing any suggestion to add any terms, translations. etymologies, pronunciations, sample quotations or synonyms, or edit or remove any translations. etymologies, pronunciations, sample quotations or synonyms included in the Content (the “End User Content”).
(The End User Content and the Wikitionary Content shall be collectively referred to as: “Third Party Applications”)
5.3. The Third Party Applications are generally not copyrighted by DSNR LABS, and are under the responsibility of its respective creators. The use of such Third Party Application may be subject to further use restrictions as may be attached to it, and by using the Third Party Application you agree to be bound by such additional restrictions.
5.4. Proprietary Content – Without derogating, the Proprietary Content and any other materials provided by DSNR LABS are provided “AS IS” and DSNR LABS makes no representations or warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement thereof as further provided under Section 8 below.
5.6. End Users Content
5.6.1. By providing any End User Content as detailed above and contributing to the Content, End User agrees to grant DSNR LABS a nonexclusive, perpetual worldwide, royalty free, transferable license to:
220.127.116.11. Publicly perform or display, amend, adapt, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the its applicable End User Content and derivative works thereof, without receiving any further confirmation;
18.104.22.168. Combine its End User Content and/or derivative works thereof with any software, firmware, hardware and/or services; and
22.214.171.124. Sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.
5.6.2. End User Content shall be under the sole responsibility of the End User and anyone on its behalf, and DSNR LABS shall not have any responsibility and/or liability with respect to End User Content, including to any obscene, threatening, defamatory, fraudulent, infringing, harassing, or otherwise offensive material or content included in End User Content.
5.6.3. The End User represents and warrants to DSNR LABS that: (a) the End User Content shall be original work of the End User in all respects; and (b) the End User Content and its use, as created by End User does not infringe any copyright, proprietary and/or trade secret rights or any other rights of any third party.
5.6.4. End User Content shall be automatically included in the Content following the End User contribution thereof as indicated under Section 5.2.3 above. DSNR LABS will not systematically monitor End User Content, but DSNR LABS reserves the right to review End User Content from time to time in its sole discretion. DSNR LABS reserves the right to (a) disable access to or delete any End User Content which it determines in its sole discretion (such discretion to be exercised in good faith) to be illegal, obscene, threatening, defamatory, fraudulent, infringing, harassing, or otherwise offensive, (b) amend, change or combine any End User Content with any other Content, and (c) disable access to or delete any other End User Content under justified exigent circumstances, as such circumstances are determined in good faith by DSNR LABS.
5.7. DSNR LABS, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software. DSNR LABS has no obligation to make available to you any subsequent versions of the Software. You may have to enter into a renewed version of this EULA, in the event you want to download, install or use a new version of the Software.
5.8. You agree that DSNR LABS may place taglines and promotion links for the Software or any other product of DSNR LABS and/or any other third party at your accounts in social networks applications, email accounts and instant messengers applications. Such taglines may be disabled using the eType setting tab. Without derogating from the above, you are aware that DSNR LABS only publishes and promotes such products and therefore, shall have no responsibility, liability or warranty with respect thereof.
6.1. You may not, directly or indirectly, sublicense, assign, transfer, sell, rent, lend, lease or otherwise provide the Software (including without limitation any capacity) or any portion thereof, to any third party, and any attempt to do so is null and void.
6.2. You may not reverse engineer, disassemble, decompile or make any attempt to ascertain, derive or obtain the source code for the Software. You may not combine the Software with any other software or product.
6.3. Software shall not be used for any commercial purpose beyond the functionality driven by the Software. You will not use the Software to take any actions that (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, or obscene; or (iv) constitute unauthorized entry to any machine accessible via the network.
6.4. DSNR LABS may, in its sole discretion and to the maximum extent permitted within your jurisdiction, modify or discontinue or suspend your ability to use any version of the Software, and/or disable any Software you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at DSNR LABS’s discretion, are in breach of the terms of this EULA, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
7. Intellectual Property.
7.1. You agree that the Software is proprietary and that all right, title and interest in and to the Software (except for with respect to the Third Party Applications as detailed in Section 5 above), including all associated intellectual property rights, are and shall at all times remain with DSNR LABS and its third party licensors.
7.2. The Software contains trade secret and proprietary information owned by DSNR LABS or its third party licensors and is protected, inter alia, by pending patents applications and by copyright laws and international trade provisions. You must treat the Software like any other copyrighted material and you may not copy or distribute the Software electronically or otherwise, for any purpose. All techniques, algorithms and processes contained in the Software or any modification or extraction thereof constitute trade secrets and/or proprietary information of DSNR LABS and will be protected by this EULA.
7.3. The DSNR LABS logo, Software name, manuals, documentation and other support materials are either patented, copyrighted, trademarked or owned by DSNR LABS as trade secrets and/or proprietary information.
7.4. All rights in the Third Party Applications, including all ownership rights are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. DSNR LABS is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any Third Party Applications.
8. Disclaimer of Warranty.
THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. DSNR LABS GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. DSNR LABS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY YOU IN USING THE SOFTWARE INCLUDING THE AUTO COMPLETION FEATURE AND/OR ANY FEATURE EMBEDDED THEREIN, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR BUGS FREE. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, DSNR LABS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER EXPRESSLY EXCLUDES ANY WARRANTY OF NONINFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
You shall indemnify, defend and hold harmless DSNR LABS against any claims including costs and reasonable attorney’s fees that: (i) were submitted by any third party, in which DSNR LABS is named as a result of the negligent or intentional acts or failure to act by the you, (ii) any End User Content infringes or violates any rights of third parties, including without limitation, rights of publicity, rights of privacy, intellectual property, trade secrets or licenses; or (iii) arising from or relating to your failure to comply with this EULA. Your indemnification obligation is contingent upon the DSNR LABS providing you with prompt written notice of such claim, information, all reasonable assistance in the defense of such action.
10. Limitation of Liability.
DSNR LABS’ SHALL UNDER NO MEANS BE LIABLE TO YOU FOR ANY ACTION ARISING UNDER THIS EULA REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY,.INCLUDING, WITHOUT DEROGATING, FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA, LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF USE, GOOD WILL, BUSINESS INTERRUPTION, COST OF COVER, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS, HOWEVER ARISING, EVEN IF DSNR LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DSNR LABS SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN THE EVENT OF ANY LOSS OR INTERRUPTION IN SOFTWARE ACCESS DUE TO CAUSES BEYOND ITS REASONABLE CONTROL OR FORESEEABILITY, SUCH AS LOSS, INTERRUPTION OR FAILURE OF TELECOMMUNICATIONS OR DIGITAL TRANSMISSIONS AND LINKS OR FAILURES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU ON SUCH CASE.
11. Support Services.
DSNR LABS may from time to time revise or update its Software. Such updates and revisions may be supplied separately, for free or for a fee according to DSNR LABS’s then prevailing update prices, policies, terms and conditions. In case you encounter any problem with respect to the Software, you may notify us at : firstname.lastname@example.org . DSNR LABS is not obligated to make any Software revisions or to supply them to its users.
12. Term and Termination.
Your license to use the Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time, by discontinuing use of all or any of the Software and by destroying all copies of the Software in your possession and control. This EULA and the license granted to you under this EULA terminate automatically if you breach any term of this EULA. Sections 7, 8, 9, 10 and 13 shall survive the termination of this EULA.
13. Applicable Law.
This EULA shall be construed and enforced in accordance with laws of the state of Israel. Any disputes arising under or in connection with this EULA shall be exclusively presented in and determined by the courts of the state of Israel (to the exclusion of others) and shall be subject to Israeli Law (to the exclusion of others).
14. Legal Effect.
DSNR LABS reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If DSNR LABS materially modifies this EULA it will post the updated EULA in its website. By continuing to use the Software after DSNR LABS has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to cease using the Software.