TYPLE PRODUCT LICENSE AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY USING THIS PRODUCT AND/OR SERVICES AND/OR TYPLE WEB SITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
THIS VERSION OF TYPLE AND ANY OTHER SOFTWARE, LANGUAGE PACK, MEDIA CENTER, FTP BROWSER, ADD-ONS, UPGRADES OR UPDATES AND RELATED MATERIALS (THE "PRODUCT"), ARE LICENSED TO YOU BY TINY THOUGHTS LTD, SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "I ACCEPT" BUTTON, INSTALLING OR USING THE PRODUCT OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL OR USE THE PRODUCT OR SERVICES AND IMMEDIATELY DELETE ANY COPY OF IT FROM ALL STORAGE MEDIA.
TINY THOUGHTS LTD MAY REVISE THE TERMS OF THIS AGREEMENT TO REFLECT CHANGES IN OUR PRODUCTS, SERVICES, WEB SITE AND CUSTOMER FEEDBACK.
IF THERE ARE SIGNIFICANT CHANGES TO THIS AGREEMENT, WE WILL NOTIFY YOU ABOUT SUCH CHANGES BY PLACING A PROMINENT NOTICE ON OUR SITE (AT: WWW.TYPLE.COM) PRIOR TO IMPLEMENTING THE CHANGE.
WE ENCOURAGE YOU TO PERIODICALLY REVIEW THIS END USER LICENSE AGRREMENT TO BE INFORMED OF THE TERMS OF USE OF OUR PRODUCTS SERVICES AND WEB SITE.
License
Subject to the terms and conditions of this agreement, Tiny Thoughts Ltd hereby grants you a non-exclusive, non-transferable, non-sublicensable, license to use the Product, Services and Add-Ons, on an As-Is basis, for your personal, non-commercial use only. Any commercial use of the Product, Services and Add-Ons is strictly forbidden, under this Agreement. If you wish to engage in any kind of commercial use of the Products, Services or Add-Ons, you are required to obtain Tiny Thoughts Ltd's expressed prior written consent to such use, as well as an appropriate commercial license to use the Product, Services or Add-Ons by contacting via email to the following email address: contact@typle.com.
Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not: (a) modify or create any derivative works of the Product or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; or (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product without a prior written permission of Tiny Thoughts Ltd; or (d) use any Paid Product in a manner violating, or exceeding the relevant "Paid Product Terms" of Tiny Thoughts Ltd, as further detailed below; or (e) use the Product, Services and/or Add-Ons not in compliance with all applicable laws, regulations and government authorizations, including but not limited to export control, copyright, trademarks, patent, secrecy, defamation, decency, and privacy related laws, regulations and authorizations; (f) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Products, Services and/or Add-Ons, for commercial purposes, or in a commercial manner.
"Add-Ons" - refers to all software add-ons, such as skins, functional and/or content and/or services tabs, desktop shortcut icons which may be made available from time to time by either Tiny Thoughts Ltd and/or any other third-party, to be used in connection with the Products and/or Services. Please note that the above mentioned content and services tabs may include content, materials and services provided and/or powered by third parties, for which Tiny Thoughts Ltd is not responsible and cannot be held liable for and which may be covered by separate legal, commercial and privacy practices. Please consult the applicable terms and conditions and privacy statements of such third party providers to learn more about their practices. Tiny Thoughts Ltd reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel the available Add-Ons, or any part thereof, at any time, at its sole discretion and without notice to you.
Software Data & Performances
All information which the software uses, including your recordings and your links list, and other parameters of the software, exists on your hard disk only in the installation directory and its sub-directories. We do NOT involuntary record your voice. All the recordings are done by you. Further, we do NOT involuntary open applications. Applications are opened by your voice commands, although, we can NOT guarantee that some external noise won't open an application by mistake.
Proprietary Rights
Tiny Thoughts Ltd retains sole and exclusive ownership of all rights, title and interests in the Product and Services and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Product and Services and the technology related thereto. Title and related rights in the content downloaded with this Product is the property of the applicable content owner and is protected by applicable law. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
Indemnification
You hereby undertake to comply with any legal obligations, including but not limited to, obligations imposed by copyright, trademarks, patent, secrecy, defamation, decency, privacy and export laws. You agree to indemnify Tiny Thoughts Ltd and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys fees) which may arise from your illegal, unauthorized or abusive use.
Advertisements
During the use of the Product, Services and/or Add-Ons, you may be shown advertising, marketing offers, and other promotional information, made available by Tiny Thoughts Ltd or by third parties.
This Agreement does not cover the information practices exercised by other providers of products or services, advertisers, or other websites Tiny Thoughts Ltd is not responsible for the privacy practices exercised by any such providers. Please consult the privacy statement of these providers to learn more about their privacy practices.
Unless otherwise stated, Tiny Thoughts Ltd has no ownership or interest in any products, services, or other advertised items and does not check, verify or moderate the content or the nature of the advertisements or the products and services advertised on the Product or through the Services. Tiny Thoughts Ltd makes no warranty, either express or implied, as to these other products, services, or other advertised items and the use thereof. Advertisements are shown by using your Internet connection.
Disclaimer of Warranty and Liability
TINY THOUGHTS LTD EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO: THE PRODUCT, SERVICES OR ANY INFORMATION DELIVERED OR SENT BY TINY THOUGHTS LTD OR ANY THIRD PARTY THROUGH THE PRODUCT OR SERVICES. THE PRODUCT AND SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT AND/OR SERVICES MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION (E.G. IF YOU ARE USING A PLATFORM WHICH ARE NOT INCLUDED IN TINY THOUGHT LTD'S SUPPORTED PLATFORMS, POSTED ON TYPLE'S WEBSITE - WWW.TYPLE.COM ).
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SERVICES IS BORNE BY YOU. THIS PRODUCT AND/OR SERVICES ARE NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT OR SERVICES FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT AND SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT AND SERVICES SUFFICIENTLY MEETS YOUR REQUIREMENTS.
TINY THOUGHTS LTD DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY ADD-ON DOWNLOADED FOR THE PRODUCT WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.
YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO ENSURE THAT THE PRODUCT IS NOT EXPORTED IN VIOLATION OF SUCH APPLICABLE LAWS.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT OR SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability
IN NO EVENT WILL TINY THOUGHTS LTD BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT AND/OR SERVICES AND/OR ADD-ONS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF TINY THOUGHTS LTD FOR ANY DIRECT DAMAGES SHALL BE THE REPLACEMENT OF THE PRODUCT OR RENEWAL OF THE SERVICE. IN THE EVENT SUCH REMEDY IS NOT FEASIBLE TINY THOUGHTS LTD's LIABILITY SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU FOR THOSE PRODUCTS OR SERVICES AND IN ANY CASE SHALL BE NO MORE THAN $12.
Miscellaneous
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Haifa shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of Tiny Thoughts Ltd. Upon reasonable notice to you, Tiny Thoughts Ltd may assign or transfer this Agreement at its sole discretion. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
THIS VERSION OF TYPLE AND ANY OTHER SOFTWARE, LANGUAGE PACK, MEDIA CENTER, FTP BROWSER, ADD-ONS, UPGRADES OR UPDATES AND RELATED MATERIALS (THE "PRODUCT"), ARE LICENSED TO YOU BY TINY THOUGHTS LTD, SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "I ACCEPT" BUTTON, INSTALLING OR USING THE PRODUCT OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL OR USE THE PRODUCT OR SERVICES AND IMMEDIATELY DELETE ANY COPY OF IT FROM ALL STORAGE MEDIA.
TINY THOUGHTS LTD MAY REVISE THE TERMS OF THIS AGREEMENT TO REFLECT CHANGES IN OUR PRODUCTS, SERVICES, WEB SITE AND CUSTOMER FEEDBACK.
IF THERE ARE SIGNIFICANT CHANGES TO THIS AGREEMENT, WE WILL NOTIFY YOU ABOUT SUCH CHANGES BY PLACING A PROMINENT NOTICE ON OUR SITE (AT: WWW.TYPLE.COM) PRIOR TO IMPLEMENTING THE CHANGE.
WE ENCOURAGE YOU TO PERIODICALLY REVIEW THIS END USER LICENSE AGRREMENT TO BE INFORMED OF THE TERMS OF USE OF OUR PRODUCTS SERVICES AND WEB SITE.
License
Subject to the terms and conditions of this agreement, Tiny Thoughts Ltd hereby grants you a non-exclusive, non-transferable, non-sublicensable, license to use the Product, Services and Add-Ons, on an As-Is basis, for your personal, non-commercial use only. Any commercial use of the Product, Services and Add-Ons is strictly forbidden, under this Agreement. If you wish to engage in any kind of commercial use of the Products, Services or Add-Ons, you are required to obtain Tiny Thoughts Ltd's expressed prior written consent to such use, as well as an appropriate commercial license to use the Product, Services or Add-Ons by contacting via email to the following email address: contact@typle.com.
Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not: (a) modify or create any derivative works of the Product or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; or (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product without a prior written permission of Tiny Thoughts Ltd; or (d) use any Paid Product in a manner violating, or exceeding the relevant "Paid Product Terms" of Tiny Thoughts Ltd, as further detailed below; or (e) use the Product, Services and/or Add-Ons not in compliance with all applicable laws, regulations and government authorizations, including but not limited to export control, copyright, trademarks, patent, secrecy, defamation, decency, and privacy related laws, regulations and authorizations; (f) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Products, Services and/or Add-Ons, for commercial purposes, or in a commercial manner.
"Add-Ons" - refers to all software add-ons, such as skins, functional and/or content and/or services tabs, desktop shortcut icons which may be made available from time to time by either Tiny Thoughts Ltd and/or any other third-party, to be used in connection with the Products and/or Services. Please note that the above mentioned content and services tabs may include content, materials and services provided and/or powered by third parties, for which Tiny Thoughts Ltd is not responsible and cannot be held liable for and which may be covered by separate legal, commercial and privacy practices. Please consult the applicable terms and conditions and privacy statements of such third party providers to learn more about their practices. Tiny Thoughts Ltd reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel the available Add-Ons, or any part thereof, at any time, at its sole discretion and without notice to you.
Software Data & Performances
All information which the software uses, including your recordings and your links list, and other parameters of the software, exists on your hard disk only in the installation directory and its sub-directories. We do NOT involuntary record your voice. All the recordings are done by you. Further, we do NOT involuntary open applications. Applications are opened by your voice commands, although, we can NOT guarantee that some external noise won't open an application by mistake.
Proprietary Rights
Tiny Thoughts Ltd retains sole and exclusive ownership of all rights, title and interests in the Product and Services and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Product and Services and the technology related thereto. Title and related rights in the content downloaded with this Product is the property of the applicable content owner and is protected by applicable law. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
Indemnification
You hereby undertake to comply with any legal obligations, including but not limited to, obligations imposed by copyright, trademarks, patent, secrecy, defamation, decency, privacy and export laws. You agree to indemnify Tiny Thoughts Ltd and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys fees) which may arise from your illegal, unauthorized or abusive use.
Advertisements
During the use of the Product, Services and/or Add-Ons, you may be shown advertising, marketing offers, and other promotional information, made available by Tiny Thoughts Ltd or by third parties.
This Agreement does not cover the information practices exercised by other providers of products or services, advertisers, or other websites Tiny Thoughts Ltd is not responsible for the privacy practices exercised by any such providers. Please consult the privacy statement of these providers to learn more about their privacy practices.
Unless otherwise stated, Tiny Thoughts Ltd has no ownership or interest in any products, services, or other advertised items and does not check, verify or moderate the content or the nature of the advertisements or the products and services advertised on the Product or through the Services. Tiny Thoughts Ltd makes no warranty, either express or implied, as to these other products, services, or other advertised items and the use thereof. Advertisements are shown by using your Internet connection.
Disclaimer of Warranty and Liability
TINY THOUGHTS LTD EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO: THE PRODUCT, SERVICES OR ANY INFORMATION DELIVERED OR SENT BY TINY THOUGHTS LTD OR ANY THIRD PARTY THROUGH THE PRODUCT OR SERVICES. THE PRODUCT AND SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT AND/OR SERVICES MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION (E.G. IF YOU ARE USING A PLATFORM WHICH ARE NOT INCLUDED IN TINY THOUGHT LTD'S SUPPORTED PLATFORMS, POSTED ON TYPLE'S WEBSITE - WWW.TYPLE.COM ).
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SERVICES IS BORNE BY YOU. THIS PRODUCT AND/OR SERVICES ARE NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT OR SERVICES FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT AND SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT AND SERVICES SUFFICIENTLY MEETS YOUR REQUIREMENTS.
TINY THOUGHTS LTD DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY ADD-ON DOWNLOADED FOR THE PRODUCT WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.
YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO ENSURE THAT THE PRODUCT IS NOT EXPORTED IN VIOLATION OF SUCH APPLICABLE LAWS.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT OR SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability
IN NO EVENT WILL TINY THOUGHTS LTD BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT AND/OR SERVICES AND/OR ADD-ONS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF TINY THOUGHTS LTD FOR ANY DIRECT DAMAGES SHALL BE THE REPLACEMENT OF THE PRODUCT OR RENEWAL OF THE SERVICE. IN THE EVENT SUCH REMEDY IS NOT FEASIBLE TINY THOUGHTS LTD's LIABILITY SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU FOR THOSE PRODUCTS OR SERVICES AND IN ANY CASE SHALL BE NO MORE THAN $12.
Miscellaneous
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Haifa shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of Tiny Thoughts Ltd. Upon reasonable notice to you, Tiny Thoughts Ltd may assign or transfer this Agreement at its sole discretion. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.