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Eyezone Pro - Eula & Privacy

These Terms are the general terms that apply to all users of the Application. In addition, after completing registration for the application, please review your local provider's terms on the "About" screen.

1.    Introduction
1.1.    Please read the provisions of this agreement carefully before installing or making any use of the software.
1.2.    You confirm that installing or making any use of the Software constitutes confirmation that you have read this Agreement and understood any of its provisions, and further constitute your approval of all such provisions.
1.3.    If you do not agree to any provisions of the Agreement in their entirety, please uninstall or make no use of the Software, or return the Software and related equipment to the supplier from which they were purchased.
1.4.    It is forbidden to sell, rent, transfer and distribute the Software, unless such action has been approved in advance by the Authorized Owner to do so, as defined below.
1.5.    This Authorization Agreement (hereinafter: the "Use Authorization") in connection with the Software, as defined below, is a binding document between you (an individual or any other legal entity) (hereinafter: the "Authorized" or "the User") and the Ambassador Vehicle Services Group Ltd. H.P. 515158665, located at 8 Hanapach Street, Holon (including its suppliers, licensees and/or any entity related to it) (hereinafter: the "Authorization Holder"), in connection with the EyeZone Software, as defined in Section 3 below.
1.6.    This agreement is entered into between the Authorizing Owner and you only. All suppliers, licensees and/or any other entity related to the Authorization Holder fall within the definition of a third party and are beneficiaries by virtue of the Rights of the Authorization Holder under this Agreement, but they are not a party to this Agreement and do not undertake any obligation to you.
1.7.    Please note that clicking on the "I agree" button in the installation menu of the Software and/or installing the Software and/or copying the Software and/or making any use of the Software means an unequivocal declaration on your part of your unqualified consent to all the provisions of this Agreement and your agreement to act in accordance with them.
1.8.    If you do not agree to any of the provisions of this Agreement, please click the "I do not agree" button in the installation menu and refrain from installing the Software. In such a case, access to the Application will not be possible.
1.9.    For the avoidance of doubt, it is hereby clarified that this agreement is an agreement specifying your rights as an authorized person only, and it is not a sales agreement. It is further clarified that the Authorization Owner shall remain the sole owner of the Software and any copy thereof in your possession, as well as of the hardware units through which information is obtained, used during the operation of the Software, as well as of any copy that you may create in accordance with this Agreement.
1.10.    In accordance with your consent to the provisions of this Agreement, the Authorization Owner grants you a personal, temporary and limited, conditional and non-exclusive right, to use the Software and the documents attached to it, to the extent applicable, all in accordance with and subject to the provisions of this Agreement.

2.    Acceptance of the terms of this Agreement
2.1.    The parties to this Agreement agree that this Agreement shall enter into force upon clicking the "I Agree" button, even without signing any document.
2.2.    The User hereby acknowledges that immediately upon making a legal purchase of the Software, any installation and/or any use of the Software on a Supporting Cellular Device or any other Supporting Device, including its installation in a vehicle, and after clicking on the "I Agree" button appearing on the installation screen of the Software (hereinafter: "Uses"), the User will be deemed to have approved all the provisions of this Agreement without exceptions.
2.3.    It is hereby clarified that this agreement does not grant any right whatsoever to the person who purchased the software and/or used and/or installed it in an illegal way.


3.    The Software
3.1.    The software that is the object of this agreement is software developed for the purpose of providing information regarding driver behavior and vehicle control, collected by and belonging to the Authorized Owner, and includes all databases, computer documents, sound files, documents, look and feel, configuration, structure, design, image, video, graphics, colors, animation, translation, subheadings, icons, updates, changes, add-ons, extensions of databases and computer documents, In connection with the Software and the documents attached to the Software (hereinafter: the "Software").
3.2.    The Software includes the Application used to operate the Software as well as any third-party content or service that is accessible to the User through the Software.
3.3.    All forms of presentation, storage, encoding, including by means of a printed, electronic or graphic document or any other form of presentation that has not yet been defined, shall be considered part of the Software.
3.4.    Malfunctions in the Software that were dealt with after the date of the drafting of this Agreement, as well as any additions and updates made to the Software after such date, will be included in the definition of the Software.


4.    Terms of Use
As authorized, you may perform only the actions set forth in this section below
4.1.    INSTALL THE SOFTWARE ON AN IPHONE OR ANDROID DEVICE, FOR PERSONAL USE ONLY.
4.2.    Use the Software in accordance with the provisions of this Agreement as well as the instructions and instructions transmitted through the Software itself and/or accompanying documents.
4.3.    The authorized person shall be entitled to use the content and information transmitted through the software, provided by third parties, to the extent applicable, for his personal use only and at his own responsibility, without the authorized owner having any responsibility for the use of such content and information. It is strictly forbidden to store, transfer or distribute such content and information, or disclose it to the public, in whole or in part, in any form, or download it from the software.
4.4.    The Software is intended for personal use only and is protected by copyright laws and any other relevant law. Any use of the Software constitutes confirmation by you that such use will be made by you in accordance with the law applicable to the jurisdiction in which you use the Software, including, but not limited to, copyright and intellectual property laws, which will apply in addition to the provisions of this Agreement.
4.5.    You are obligated to drive cautiously and in accordance with traffic laws. It is hereby clarified that it is strictly forbidden to use the Software while driving. Use of the Software is permitted only after your vehicle has stopped in an appropriate place and is permitted by law. Alternatively, use of the Software is permitted by a passenger other than the driver, provided that such use will not interfere with your driving of the vehicle.

5.    Restriction on Use of the Software
The following actions in the Software, including any information contained in the Software and/or which will be included in it in the future, are strictly prohibited:
5.1.    Copying the Software, except as expressly provided in this Agreement.
5.2.    Rent, lend, distribute, transfer, disclosure or assignment of the Software and/or the rights of the Licensee to any third party, or authorizing any third party to use the Software.
5.3.    Granting access to the Software, including through file sharing or otherwise.
5.4.    Distribution, transmission or public display of the Feature.
5.5.    Making any use of the Software and its Content other than in the configuration in which it was provided to the Licensee, including, but not limited to, modifying the Software, translating it (including translating it into another programming language), decompilation, avoiding the means of protection of the Software and/or modifications, surrounding them or neutralizing them.
5.6.    Modification, expansion or conversion of the Software, in whole or in part, into parts and into other products not for the purpose of this Agreement, installation of other products in the Software, utilization for other Products.
5.7.    Removal or deletion from the Software and/or its labels and/or proprietary rights notices in connection with the Software, including but not limited to copyrights, trademarks, restrictions, etc.
5.8.    Use of the Software Content by printing or distributing derivative products, including but not limited to a product intended for distribution to the public, even if such distribution is free of charge.
5.9.    Operation of a Service or performance of any other process involving the processing of Software data and data of other persons or parties.
5.10.    Making any use of the Software other than through the App.
5.11.    Purchase or sale, or attempt to purchase or sell, any right in connection with the Software, whether by yourself or through any third party.
5.12.    Obtaining or issuing to third parties information from the databases of the Software, decompilation of the databases, use, copying, modification, expansion or conversion of the databases, in whole or in part.


6.    Modification, updating and upgrading of the Software
The Authorized Owner may make any changes to the Software, at its sole discretion and at any time, without giving the Licensee any notice thereof, both in advance and retroactively. However, the aforesaid does not obligate the Authority Holder to make updates to the Software and/or the databases, nor does it grant the Authorized Authority any right to require the Authorized Owner to update and/or upgrade and/or change the Software.


7.    Intellectual Property Rights
7.1.    The Authorization Owner is the sole owner of all property rights and any other rights in connection with the Software and the documents attached thereto. The software is protected by Israeli copyright laws.
7.2.    The Authorized Owner's intellectual property rights apply both to the Software in its entirety and to its parts.
7.3.    You hereby agree and acknowledge that all patents, patent rights, trademarks, exporters' rights, trade names, and all other rights related to the Software are owned and will remain owned by the Licensee.
7.4.    You hereby agree and confirm that all information generated from the Software is the exclusive property of the Authorization Owner and/or of a third party that granted the Authorization Owner a license to use such information, as applicable.
7.5.    You hereby waive any claim and/or demand, directly and/or indirectly, connected in one way or another with the rights and/or ownership and/or any other matter, in connection with registration and/or patent and/or right to patent and/or trademark and/or copyright and/or trade names and/or logos and/or any other symbol that implies ownership of the license in the software and/or any development and improvement in the software and/or any right Any other related to the Software and its attachments and/or their use, all of which belong to the Authorization Owner and/or anyone acting on its behalf.
7.6.    You undertake to avoid any risk, restriction, involvement and/or damage that may be caused to the Software and/or the rights of the license holder in the Software as detailed above.
7.7.    It is hereby clarified that the Owner of the Authorization reserves all its rights specified above in the Software, except for the permission granted to the Authorized User to use them under this Agreement and/or according to the law.


8.    Third Party Information and Hardware
8.1.    Some of the services provided by the Software include information originating from third parties and/or requiring separate purchase of hardware components originating from third parties (hereinafter: "the information and/or hardware of third parties").
8.2.    The Authorised Owner does not warrant that the information and/or hardware of third parties is accurate and/or usable and/or complete and/or up-to-date and/or available and/or continuous, and it will not bear any responsibility in connection with the information and/or hardware of third parties.
8.3.    Since the Authorization Owner has no control over third parties and/or the information and/or hardware of third parties, including with regard to the accuracy, availability, correctness and quality of such information and/or hardware and/or in connection with the continuity of the activity of third parties, it shall not be responsible in any way for the accuracy, availability, correctness and quality of information and/or hardware of third parties and/or for the continuity of the activities of third parties, The authorized person confirms that an integral part of the conditions of granting the authorization is that in any case in which a third party stops providing the service provided by him to the authorizing owner, the authorized person will have no claim and/or demand against the authorization holder in this regard.
8.4.    The Authorization's owner, its managers, employees and/or anyone acting on its behalf shall not be liable in any way for any damage caused to the Licensee, directly and/or indirectly, as a result of your use and/or reliance on the information and/or hardware of third parties and/or as a result of the cessation of the provision of the service provided by third parties.


9.    Warranty and Service
9.1.    The Authorised Owner makes reasonable efforts to provide You with a product of the highest quality available at the time of distribution of the Software, however the Software is provided as is, and therefore the Authorization Owner cannot make any obligations whatsoever regarding the result and/or performance at the time of using the Software.
9.2.    The Authorization Owner does not undertake any obligation whatsoever regarding the performance and/or results obtained during the use of the Software, nor does it undertake that the operation of the Software will be continuous or free of malfunctions, including malfunctions in the information received. The authorized authority recommends that the licensee not rely on the information generated from the software as a sole source.
9.3.    The Authorized Owner shall not bear any responsibility of any kind for damage caused to the Authorized Person as a result of using the Software while driving.
9.4.    It is clarified that the Authorization Owner cannot undertake, and does not make any representation that the information derived from the use of the Software is complete and/or accurate and/or up-to-date, and you accept the terms of this Agreement on this basis. Subject to any law, the licensee does not give the licensee any guarantee that the software is suitable and sufficient for a specific purpose – private or professional.
9.5.    It is hereby clarified that the information transmitted by the Authorization Owner through the Software shall not constitute the provision of an offer and/or persuasion and/or advice and/or undertaking of any kind, whether explicitly or generally, whether to you as an authorized person or to any other third party, regarding the quality, reliability, accuracy, completeness and up-to-date level of the Software.
9.6.    The Authorization Owner shall not be liable in any way for any cost and/or damage, whether direct or indirect, as well as for any consequential damage and/or loss of profit, including in the event of providing information to the Authorization Owner's representative regarding the above risks and/or any damage that may be caused and/or claimed by a third party. This restriction will apply only when there is no conflict between it and any law. You acknowledge that the maximum damage reasonably expected to occur, as of the date of purchase and installation of the Software, shall not exceed the amount paid for the Software, if any, and restitution shall be deemed to be final, fair and full compensation for damage incurred as a result of using the Software.
9.7.    The Authorised Owner does not warrant that the Software will be suitable for any purpose of the Licensee, and does not guarantee in any way that the Software will work properly with systems and/or hardware and/or other products
9.8.    The Authorization Owner shall not be liable for any damage caused as a result of a software malfunction (including malfunctions in the computer software, attached documents, and databases).
9.9.    On some devices, the Software Services may require telecommunications of data, the cost of which shall be borne solely by you. As a result, before making any use of the software, it is recommended to contact the Internet provider and/or cellular company in which you are registered, in order to clarify the costs that will apply to you.
9.10.    You hereby expressly declare that you are aware that the Software does not constitute protection software and its purpose is not to provide protection services for your vehicle or any vehicle about which the Software provides information in accordance with the Use Authorization. It is hereby clarified that if your vehicle is stolen, it will not be possible to locate it using the software, and you agree, without any restriction, that you will have no claim and/or demand against the authorizing owner in this regard.


10.    Indemnification
The purpose of the software is for use with legal and permitted software, content and hardware. You hereby undertake to indemnify the Authority Owner, its managers, consultants, suppliers and/or anyone acting on its behalf, for any loss, damage (including bodily injury), fine and/or any cost of any kind, including attorneys' fees, which may be caused to the Authorization Owner as a result of and/or in connection with any action or claim related to the use made by you and/or anyone on your behalf of the Software, Whether or not the use of anyone on your behalf will be with your consent, in violation of the rights of the authorizing owner and/or any third party and/or in violation of the terms of this agreement and/or any law. 


11.    Termination and breach of this Agreement
The validity of this agreement will be canceled automatically, without the need to give notice and/or notice thereof, neither in advance nor retroactively, in any case of breach of any of its terms by you, or in the event that it is declared that this agreement or any of its terms is canceled. You warrant that immediately upon termination of this Agreement, you will delete and destroy all copies of the Software and the documents attached thereto. Without derogating from any right available to it by law, the Authorization Owner and/or anyone acting on its behalf will be entitled to immediately cancel the authorization granted to you under this Agreement, or any part thereof, in any case where the Authorization Owner believes, at its sole discretion, that you are violating the terms of this Agreement. Any termination of this Agreement, for any reason, shall not affect the validity of the provisions of Sections 4, 5, 7, 9, 10, 11 and 12 of this Agreement. 


12.     Penalties
It is hereby clarified that in any case where the Authorization Owner finds that its rights in the Software have been infringed by you, it may, at its sole discretion, act against you in accordance with all or some of the following options: 
12.1.    Demand recognition by the courts of such a violation.
12.2.    Demand the cessation of such a violation.
12.3.    Demand compensation in connection with such breach and its damages.
12.4.    Demand the cessation of the situation that caused the breach and return to the state that preceded the breach, at the expense of the entity that caused such breach, and demand the destruction of the means and materials that caused the breach and of the objects created as a result of the breach.
12.5.    File a civil claim against you, including for damages caused by the breach.
12.6.    Initiate criminal or quasi-criminal proceedings against you


13.    Privacy
13.1.    The Authorization Holder considers itself committed to the principles of privacy protection, and this Privacy Statement describes its attitude towards this. When using the Software and entering personal information therein, you agree that the Authorised Owner will use them, in accordance with and subject to this section below. If you have any questions regarding privacy, please send an email to service@eye-zone.co.il.
13.2.    The Authorization Owner collects real-time information, as well as historical information as follows: the location of the vehicle, control of the vehicle (turns, braking, extreme acceleration and driving speed), mechanical control of the vehicle (malfunctions, fuel consumption and events in connection with the engine), information about the vehicle, information about the authorized person entered by it into the software and any other information entered by it (hereinafter: "the private information").
13.3.    The Authorization Owner uses the Private Information only for the purposes for which this information was provided, in accordance with the provisions of this Agreement.
13.4.    The Authorization Holder shall be entitled to provide the Private Information to the entities related to the operation of the Software as well as to its business partners, subject to such entities making use of the Private Information in accordance with the provisions of this section. In addition, the authorizing party shall provide the private information insofar as it may be inherited by any competent authority of the State and/or by law.
13.5.    You hereby grant your consent to be included in the database managed by the Authorization Holder in accordance with any law. You have no legal obligation to provide the private information.
13.6.    The Authorizing Owner shall not transfer to third parties information that enables your identification, unless it is the obligation of the Authorization Holder under any law, or this was explicitly requested by you, or in any other case explicitly stated in this Agreement. The Authorised Authority acknowledges that the Private Information is of great value to you and takes reasonable steps to safeguard it for as long as it is in its possession.
13.7.    The Authorised Owner applies the generally accepted standards for maintaining technological and operational security, in order to protect your personal information and identifiable data against loss, misuse, alteration or destruction. In particular, the Authorised Authority uses technological and operational security measures to prevent unauthorized or illegal disclosure or processing of said information and data, as well as to prevent accidental loss, destruction or damage of such information and data. Employees of the authorised owner and/or anyone acting on its behalf, who have access to personally identifiable information, have agreed to maintain the privacy of this information. However, while these security measures reduce the chance of unauthorized intrusion into the authorized person's computers, they do not provide absolute security. Therefore, the Authorised Owner does not guarantee that the services provided during the use of the Software will be fully protected against unauthorized access to the information stored therein.
13.8.    The Authorization Owner is not responsible in any way for verifying the correctness of the information provided to her. Where practically possible, if the Authorization Owner receives notice on your behalf that any personal information collected on the Site is incorrect, it will make appropriate corrections based on current information provided by the authorized person whose identity has been verified.
13.9.    If you wish to receive information about the information provided to the Authorizing Authority by you, you have the right to access such information, and you are entitled to contact us in connection with the above email address.
13.10.    The Authorised Owner shall be entitled to change the provisions of this Privacy Section from time to time. If material changes are made in this section, in connection with the instructions for use of private information provided by you, notice thereof will be published on the authorized website at the address www.shagrir.co.il.
13.11.    The Authorised Owner receives private information from the Software via cellular telecommunications. As with cellular, software collects information about your approximate location. It is hereby clarified that the collection and use of this information is done by the cellular company and is its responsibility.
13.12.    You are required to inform all users of the vehicle for which the software is operated that a system is installed in the vehicle that collects private information, and you are responsible for ensuring that the user of such vehicle agrees to this.
13.13.    You declare that you are aware that during the use of the Software, personal identifiable information is collected, which is provided explicitly and according to the User's wishes in the Software. Your personal information will be used by the Licensee to operate, provide and develop the Software Services, customer service, general improvements, provide personalized services, collection, contact, marketing, as well as for the purpose of sending marketing material and providing benefits, in all forms of media, including the automatic dialing system, fax, e-mail and short text messages ("Electronic Means"). You may notify the Licensee at any time of your wish to stop receiving advertising by electronic means. The Authorised Authority shall be entitled to use your personal information, in any way that will not result in your identification, and for any purpose.
13.14.    The Authorization Holder may record and document telephone conversations that take place between you and your authorized representatives, and use such documentation for the purpose of improving the Service, as well as in the event of disagreements between the Authorization Holder and you and/or anyone on your behalf.
13.15.    The authorizing owner shall be entitled to transfer the private information and any information about you to third parties, for the purposes and uses mentioned above, as well as in the following cases:
a)    at your request.
b)    In accordance with the requirement of a competent authority.
c)    In order to collect money due to it from you and/or anyone on your behalf and in order to exercise any right of the authorizing party under this agreement.
d)    To send messages, offers to participate in special offers, marketing means, etc. (subject to your consent).
e)    To prevent fraud.
f)    In order to process the information collected by the Authorization Holder or anyone acting on its behalf. 13.16. You hereby confirm that the Authorizing Owner may transfer all information about you, as it appears in its databases, to third parties, as part of the transfer of its business (in whole or in part) to such third parties, subject to such third parties undertaking to comply with the provisions of this section.

14.    Miscellaneous
The authorization granted to you pursuant to this agreement, together with the provisions and conditions contained in the software and the documents accompanying it, fully reflect the relationship and agreements between you and the authorizing owner, and no invitation and/or publication of the authorization owner and/or any other document issued by you to the authorization owner, whether rejected or not by the authorization owner, will change any of its terms. If a competent court rules that any part of the authorization is unenforceable and/or invalid, the provision of said part will be modified to make it enforceable and/or valid to match the original intent of the condition. Such a change in the provision shall be valid only when the restriction applies to the modified part and/or in the said jurisdiction where the restriction applies, as stated above, and such change shall not limit or modify the authorization elsewhere in the jurisdiction, or the other parts of the authorization in other circumstances.


15.    General
15.1.    The headings in this agreement are intended for convenience only and do not in themselves constitute a basis for interpretation or distinction between its clauses and/or for granting a right and/or permission not expressly granted.
15.2.    In the event of a contradiction between what is stated in the title of this agreement and the contents of the terms in this agreement, the contents of the terms shall prevail.
15.3.    Any change and/or reduction and/or waiver and/or extension and/or notice in connection with this Agreement shall not be valid unless made in writing and signed by the Director of the Authorized Authority who has been expressly authorized to do so.
15.4.    The failure of the authority holder to take a specific step to enforce his rights under this agreement and/or by law, will not be considered a waiver of the said right and/or part thereof, and the said avoidance will not affect the claim of the authorization holder or anyone acting on its behalf, for exercising such rights.
15.5.    Any request and/or notice on your behalf will be made in writing only, by registered mail and/or personal delivery with confirmation of delivery, and it will be delivered directly to the authorization holder or one of its units, to the address appearing in the preamble to this agreement.
15.6.    Distributors and suppliers do not represent the authorized party and are not authorized to receive notices and/or court documents in its name and/or for it and/or in its place.

16.    Jurisdiction
This Agreement shall be governed by the laws of the State of Israel only. The sole and exclusive jurisdiction in any dispute and dispute between the parties in connection with this agreement and/or in connection with its content shall be vested in the competent court in the city of Tel Aviv.   You are obligated as a user who is a resident or citizen of a country other than the State of Israel or who uses the Software in a country other than the State of Israel, to examine and check whether the use of the Software and the terms of this Agreement do not contradict the laws of the country in which you reside and/or use the Software.   The Licensee cannot adapt the use of the Software and the terms of this Agreement to all the laws of all countries of the world. Therefore, it is clarified that you will bear sole responsibility for any violation of the law in a country other than the State of Israel, as a result of using the software.
 

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