Last Updated: March 2023

A legally binding agreement, referred to as the “Terms,” is being established between the User and BLA Aspire Ltd (referred to as the “BLA Aspire Ltd. “). The Company holds the legal ownership of the Installer and Software, which have been developed or licensed to the Company. These Terms establish the terms and conditions governing the User’s use of the Installer and Software, including any accompanying features.

USER’S ACCEPTANCE OF THESE TERMS BY USING THE INSTALLER AND SOFTWARE, THE USER ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTOOD, AND AGREES TO THESE TERMS. THE USER EXPLICITLY AGREES TO USE THE INSTALLER AND SOFTWARE CONSISTENT WITH THESE TERMS. THE USER FURTHER AGREES TO FULLY COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING THE USER’S USE OF THE INSTALLER AND SOFTWARE. IF THE USER DOES NOT AGREE TO THE THESE TERMS OR ANY PROVISION HEREIN, THE USER MUST NOT USE THE INSTALLER OR THE SOFTWARE AND MUST UNINSTALL THE SOFTWARE FROM HIS/HER DEVICE, WHERE APPLICABLE.

To deliver the Installer and Software services, the Company may collect and handle specific information related to the User’s usage. It is recommended that the User reviews the Company’s Privacy Policy, accessible at Privacy Policy, before utilizing the Installer and Software.

INSTALLER & SOFTWARE SERVICES

The Installer software (“Installer”) streamlines the installation and enhancement of specific Software available within it, encompassing desktop apps, browser extensions, and other technological tools (“Software”). Users acknowledge that installing certain Software may entail adjustments to browser settings, including search preferences and new tab configurations. Furthermore, the Software may provide features such as direct web search capabilities and advanced functionalities, potentially incorporating relevant advertisements based on user search queries.

To proceed with Software installation, users must provide explicit permission and consent by clicking on a designated button. By utilizing the Installer, users grant the Company authorization to install the Software, along with any supplementary software required for its operation, as determined by the Company. The Software necessitates alterations to the system registry and requires internet access.

Users retain the option to skip, decline, or accept individual Software components at any point during the installation process. The operation of the Installer can be halted or canceled by utilizing the provided button after initiating the process. However, the Company reserves the right to disable this functionality at specific stages. Users should note that halting the Installer’s operation outside of the designated button may result in damage to their device, for which the Company cannot be held liable. Additionally, if installation is interrupted or canceled prematurely, residual data or software may remain on the user’s device. Users can manually remove such remnants, including through the use of a desktop application to resume installation from the point of interruption.

LICENSE

Subject to these Terms, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable license to use the Installer and install the Software (“License“). By accepting these Terms, the User agrees to comply with the terms of this License, which is solely for their non-commercial, personal use and purposes. The User acknowledges that the Company does not grant any other rights in connection with the Installer and Software. All rights not expressly granted to the User under these Terms are reserved by the Company.

THIRD-PARTY CONTENT

The content sourced from third parties, whether provided as part of the Software or accessible via links therein, such as webpages, websites, search results, and advertisements, is beyond the control and responsibility of the Company. Users are strongly advised, and it is their responsibility, to carefully review the relevant terms or policies of these third parties upon interacting with their content. These terms or policies shall govern the user’s usage once linked to or otherwise engaging with such third-party content.

The Company shall not be held liable or responsible for any third-party content. The inclusion of such content in the Software does not constitute an endorsement on behalf of the Company.

THE USER’S REPRESENTATIONS AND WARRANTIES

By using the Installer and Software, the User represents and warrants that the User shall not: 

• sell, copy, distribute, lease, sublicense, or share the Installer and Software and the License granted herein, or any other commercial exploit the Installer and Software; 
• change, modify, edit, change, alter, or bypass any feature of the Installer and Software; 
• interfere, circumvent, or disable the security features of the Installer and Software or degrade its performance;
• assert any proprietary rights in or to the Installer and Software, or any element or content thereof, nor remove, amend, or obscure any notices of proprietary rights;
• use malicious codes or any automated means, such as scraping, crawling or any robot, spider, etc., when the user access the Installer and Software;
• change, modify, adapt, decompile, disassemble, reverse engineer, translate, make any copies of, circumvent or hack the Installer and Software, or any temptation to derive its source code; 
• use the Installer and Software in any fraudulent, unlawful, or harmful manner; 
• use the Installer and Software in any manner that may violate the term of these Terms.

UPON ANY BREACH OF THESE TERMS, THE COMPANY MAY, AT ITS DISCRETION SUSPEND OR TERMINATE THE USER’S ACCESS AND USE OF THE INSTALLER AND SOFTWARE.  IT MAY ALSO RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.

INTELLECTUAL PROPRIETARY

All intellectual property rights, title, and interest of any kind in and to the Installer and Software, including without limitations, tradenames, logos, and any modifications, upgrades, know-how, derivative works, inventions and ideas, technology methods, rights in the software and computer code, (including in any source or object code or any other form and any software or registration), are and shall remain the exclusive property of the Company and its licensors.

DISCLAIMER

THE INSTALLER AND SOFTWARE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT PROVIDE WARRANTIES OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (HOWEVER NOT LIMITED TO) REGARDING MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE INSTALLER OR SOFTWARE ARE OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE INSTALLER OR SOFTWARE WILL BE ERROR OR BUGS-FREE, OR THAT THE COMPANY WILL TAKE ACTIONS TO CORRECT ERRORS. THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO THE USER OR ANY THIRD PARTY RESULTING FROM TECHNICAL ISSUES. THE COMPANY MAKES NO REPRESENTATION OR PROVIDES ANY WARRANTY THAT THE INSTALLER OR SOFTWARE IS OR WILL BE AVAILABLE FOR USE IN ANY GEOGRAPHIC LOCATION OR AT ANY GIVEN TIME. THE USER’S USE OF THE INSTALLER OR SOFTWARE IS AT THE USER’S OWN RISK AND RESPONSIBILITY. 

LIMITATION OF LIABILITY

THE USER ACKNOWLEDGES AND AGREES THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,  THE COMPANY AND ITS AFFILIATES, AS WELL AS  THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES, INCLUDING (HOWEVER NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, DAMAGES  TO EQUIPMENT, ETC., ARISING FROM THE USE OR INABILITY TO USE THE INSTALLER OR SOFTWARE EVEN IF THE COMPANY OR WHOM ON ITS BEHALF, WERE ADVISED REGARDING THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT SHALL THE COMPANY’S LIABILITY, FOR ALL CLAIMS MADE BY THE USER AND DAMAGES, EXCEED THE ACTUAL PRICE PAID BY THE USER FOR THE USER’S USE OF THE INSTALLER AND SOFTWARE OR TEN US DOLLARS (10$), WHICHEVER IS LESS.

UPDATES OF THE INSTALLER OR SOFTWARE

The Company maintains the right to enhance, update, or revise the Installer, Software, and associated services at its discretion. Users acknowledge that these updates may occur without prior or subsequent notice from the Company. The Company disclaims liability for any damages or consequences resulting from such changes, updates, or revisions. It’s imperative for users to understand that by installing the Software, they grant permission for the automatic downloading and installation of software updates.

TERM AND TERMINATION

Each party reserves the right to terminate these Terms at any time and for any reason. These Terms take effect from the date the User initiates the use of the Installer. Users can remove the Software from their device through the standard uninstall procedure in their browser settings.

Upon termination, the License automatically terminates.

The Company reserves the right to cease the operation of the Installer and Software at any time, without liability to the User or any third party.

INDEMNIFICATION

Users agree to defend, indemnify, and hold harmless the Company, its affiliates, directors, shareholders, officers, or representatives from any damages, expenses, liabilities, claims, demands, losses, judgments, and related costs, including reasonable attorney’s fees incurred by the Company due to the User’s breach of these Terms.

AMENDMENTS OF THESE TERMS

The Company may update, amend, or revise these Terms at its discretion. The date of the most recent Terms will be indicated in the “Last Modified” date. Amendments and revisions to these Terms become effective upon publication, and continued use by the User constitutes acceptance of the revised Terms. The Company does not guarantee notification of amendments to these Terms.

GENERAL TERMS

Entire Agreement: These Terms, together with any amendments or updates, constitute the entire understanding between the parties regarding the Installer and Software. If any part of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain valid.

Jurisdiction & Dispute Resolution: These Terms are governed by the laws of the State of Israel. Any dispute, claim, or controversy shall be resolved by the competent courts in Tel Aviv, Israel. Claims related to the Installer and Software are limited to twelve (12) months from the applicable claim and are permanently barred thereafter.

Assignment: Users may not assign or transfer these Terms, the License, or any rights or obligations under these Terms. The Company reserves the right to assign these Terms and delegate obligations at its discretion.

Waiver: Failure of the Company to enforce any rights or take action against the User’s breach shall not be considered a waiver of such rights or future actions in the event of further breaches.

Force majeure: In no event, the Company shall be deemed in breach of these Terms if the Company is unable to provide the Installer, Software or any portion thereof by reason of national emergencies, earthquake, acts of God, labor dispute, insurrection, shortages, fires, riots, flood, storm or other like events, explosions, war, internet outages, global pandemic or any act of any local or international law, governmental order or regulation or any other event beyond Company’s control. 

CONTACT INFORMATION OF THE COMPANY

BLA Aspire Ltd.

Email: contact@blaaspire.com