End User License Agreement

1. Agreement to Terms

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User," "you," or "your") and ToolaBrowser Ltd ("Licensor," "we," "us," or "our"), a company incorporated and operating in Israel, governing your use of the ToolaBrowser desktop browser software ("Software").

IMPORTANT: BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.

This EULA supplements and should be read in conjunction with our Terms of Service and Privacy Policy.

2. License Grant

Subject to your compliance with this EULA, ToolaBrowser Ltd grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:

• Download, install, and use the Software on devices you own or control
• Use the Software for lawful personal or internal business purposes
• Access and use all features and functionalities of the Software, including web browsing and file conversion capabilities

This license is granted free of charge and remains in effect until terminated in accordance with Section 12 of this EULA.

3. Scope of License

3.1 Permitted Uses

You may:

• Install the Software on multiple devices you own or control
• Use the Software for personal, educational, or business purposes
• Make backup copies of the Software for archival purposes

3.2 License Restrictions

This license does NOT grant you the right to:

• Distribute, sell, lease, rent, lend, or sublicense the Software to third parties
• Use the Software for commercial redistribution or hosting services
• Use the Software in any way that violates applicable laws or regulations
• Transfer this license to another person or entity without our written consent

4. Restrictions on Use

You expressly agree that you will NOT:

4.1 Modification and Reverse Engineering

• Reverse Engineer: Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law that cannot be waived by contract
• Modify: Modify, alter, adapt, or create derivative works based on the Software
• Remove Notices: Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Software

4.2 Security and Integrity

• Circumvent Security: Bypass, disable, or interfere with any security features, license controls, or access restrictions in the Software
• Harmful Code: Introduce viruses, malware, trojan horses, or other harmful code into the Software
• Unauthorized Access: Attempt to gain unauthorized access to any systems, networks, or data through the Software

4.3 Commercial Exploitation

• Resale: Sell, resell, rent, lease, or otherwise commercially exploit the Software
• Service Bureau Use: Use the Software to operate a service bureau or provide services to third parties for compensation
• Bundling: Include the Software in any product or service offering without our express written permission

4.4 Prohibited Content

• Use the Software to convert, transmit, or process content that is illegal, infringing, defamatory, obscene, or violates the rights of others
• Use the Software to infringe upon intellectual property rights, including copyrights, trademarks, patents, or trade secrets
• Use the Software in any manner that could damage, disable, or impair the Software or interfere with other users' access

5. Intellectual Property Ownership

The Software is licensed, not sold. ToolaBrowser Ltd and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights.

5.1 Our Intellectual Property

All aspects of the Software, including but not limited to:

• Source code and object code
• Design, structure, and organization
• User interface, graphics, and visual elements
• Documentation and help files
• Trademarks, logos, and branding

are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Israel, the United States, and other countries.

5.2 Trademarks

The ToolaBrowser name, logo, and all related trademarks, service marks, and trade names are the proprietary property of ToolaBrowser Ltd. You may not use our trademarks without our prior written consent.

5.3 User Content

You retain all ownership rights to files you convert using the Software. We do not claim any ownership or intellectual property rights to your files. However, you grant us a limited, temporary license to process your files solely for the purpose of providing the conversion service.

6. Updates and Modifications to the Software

6.1 Automatic Updates

The Software may automatically download and install updates, upgrades, patches, and bug fixes ("Updates") to improve performance, security, and functionality. You agree to receive such Updates as part of your use of the Software.

6.2 Manual Updates

We may also provide optional Updates that you can choose to install. We recommend keeping the Software up to date to ensure optimal performance and security.

6.3 Changes to Features

We reserve the right to modify, suspend, or discontinue any features or functionalities of the Software at any time without prior notice. We are not liable for any modifications or discontinuation of features.

6.4 Updated Terms

Updates may be subject to updated or additional terms. You will be notified of any material changes to this EULA. Your continued use of the Software after such changes constitutes acceptance of the updated terms.

7. Third-Party Software and Services

The Software incorporates or interacts with third-party software and services, which are subject to their own licenses and terms.

7.1 Chromium

ToolaBrowser is based on the Chromium open-source project, which is licensed under the BSD license and other open-source licenses. The Chromium license and other applicable open-source licenses are available for review within the Software or upon request.

7.2 CloudConvert

File conversion features are powered by the CloudConvert SDK. Your use of CloudConvert services is subject to CloudConvert's terms of service and privacy policy, which can be found at cloudconvert.com.

7.3 Other Third-Party Components

The Software may include other third-party libraries, frameworks, and components. All such third-party components are the property of their respective owners and are used under their respective licenses.

7.4 No Warranty for Third-Party Components

We do not warrant or support third-party components. Any issues or claims related to third-party components should be directed to the respective third-party providers.

8. Privacy and Data Collection

Your privacy is important to us. Our collection, use, and protection of your personal data are governed by our Privacy Policy, which is incorporated into this EULA by reference.

8.1 Data Collection

The Software may collect certain usage data, diagnostic information, and performance metrics to improve the Software and provide technical support. For details on what data we collect and how we use it, please review our Privacy Policy.

8.2 File Processing

IMPORTANT: We do NOT store your files. Files you convert are processed through our third-party conversion service and are deleted immediately after conversion is complete. We do not retain copies, backups, or metadata of your files.

8.3 Consent

By using the Software, you consent to the collection and use of data as described in our Privacy Policy.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9.1 No Warranty

ToolaBrowser Ltd expressly disclaims all warranties, including but not limited to:

• Merchantability: No warranty that the Software is suitable for any particular purpose
• Fitness for a Particular Purpose: No warranty that the Software will meet your specific requirements or expectations
• Non-Infringement: No warranty that the Software does not infringe third-party intellectual property rights
• Accuracy: No warranty regarding the accuracy, reliability, or completeness of conversion results
• Availability: No warranty of uninterrupted, timely, secure, or error-free operation
• Data Security: No warranty that the Software is free from viruses, bugs, or harmful components

9.2 Use at Your Own Risk

You acknowledge and agree that your use of the Software is at your sole risk. You are solely responsible for any damage to your device, loss of data, or other harm resulting from your use of the Software.

9.3 No Technical Support Obligation

We are not obligated to provide technical support, maintenance, or updates for the Software. Any support provided is at our sole discretion and may be discontinued at any time.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOOLABROWSER LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE.

10.1 Exclusion of Damages

This limitation applies to damages of any kind, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data, files, or information
• Business interruption or downtime
• Loss of goodwill or reputation
• Cost of substitute goods or services
• Any other intangible losses

10.2 Maximum Liability

Our total aggregate liability for any and all claims arising out of or relating to this EULA or the Software shall not exceed the amount you paid to us for the Software in the twelve (12) months preceding the claim. Since the Software is provided free of charge, our maximum liability is zero (0).

10.3 Basis of the Bargain

These limitations of liability are fundamental elements of the agreement between you and ToolaBrowser Ltd. The Software would not be provided to you without these limitations.

10.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless ToolaBrowser Ltd, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and legal costs) arising from or related to:

• Your use or misuse of the Software
• Your violation of this EULA or any applicable laws or regulations
• Your violation of any rights of another party, including intellectual property rights
• Files you upload, convert, transmit, or process using the Software
• Any breach of your representations, warranties, or obligations under this EULA
• Any negligent or wrongful conduct on your part

11.1 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of such claims and not to settle any claim without our prior written consent.

12. Term and Termination

12.1 Term

This EULA is effective upon your acceptance (by downloading, installing, or using the Software) and remains in effect until terminated.

12.2 Termination by You

You may terminate this EULA at any time by:

• Ceasing all use of the Software
• Uninstalling the Software from all your devices
• Deleting all copies of the Software in your possession or control

12.3 Termination by Us

We may terminate this EULA and your license to use the Software immediately, with or without notice, if:

• You violate any term or condition of this EULA
• You engage in fraudulent, abusive, or illegal conduct
• You use the Software in a manner that harms or threatens to harm us, other users, or third parties
• We discontinue the Software or cease operations
• Required by law or regulatory authorities

12.4 Effect of Termination

Upon termination of this EULA:

• Your license to use the Software immediately terminates
• You must cease all use of the Software
• You must uninstall and delete all copies of the Software
• Sections of this EULA that by their nature should survive termination shall remain in effect, including intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution

12.5 No Refund

Since the Software is provided free of charge, no refunds are applicable upon termination.

13. Export Compliance

The Software may be subject to export control laws and regulations of Israel, the United States, and other countries.

13.1 Export Restrictions

You agree to comply with all applicable export and import control laws and regulations, including but not limited to:

• Israeli export control regulations
• U.S. Export Administration Regulations (EAR)
• International Traffic in Arms Regulations (ITAR)
• Economic sanctions and embargo regulations

13.2 Prohibited Destinations

You represent and warrant that you are not:

• Located in a country subject to a government embargo or designated as a "terrorist-supporting" country
• Listed on any government list of prohibited or restricted parties
• Subject to any sanctions or export restrictions

13.3 Compliance Responsibility

You are solely responsible for ensuring that your use, export, re-export, or transfer of the Software complies with all applicable laws and regulations. We are not liable for your failure to comply with export control laws.

14. Governing Law and Dispute Resolution

14.1 Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law principles.

14.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to this EULA or the Software shall be brought exclusively in the competent courts of Israel. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to jurisdiction or venue.

14.3 Informal Dispute Resolution

Before filing any legal claim, you agree to first contact us at legal@toolabrowser.com and attempt to resolve the dispute informally. We will make good faith efforts to resolve the dispute within thirty (30) days.

14.4 Waiver of Class Actions and Jury Trial

You agree to bring any claims against us only in your individual capacity and not as part of any class action, collective action, or representative proceeding. You and ToolaBrowser Ltd both waive the right to a jury trial for any disputes arising under this EULA.

14.5 Injunctive Relief

You acknowledge that any breach of this EULA may cause irreparable harm to ToolaBrowser Ltd for which monetary damages may be inadequate. We are entitled to seek injunctive or equitable relief without the need to post a bond.

15. General Provisions

15.1 Entire Agreement

This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and ToolaBrowser Ltd regarding the Software and supersedes all prior or contemporaneous agreements, understandings, representations, and warranties.

15.2 Severability

If any provision of this EULA is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

15.3 Waiver

Our failure to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of ToolaBrowser Ltd.

15.4 Assignment

You may not assign, transfer, or delegate this EULA or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is void. We may freely assign or transfer this EULA without restriction. This EULA is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.6 Government Use

If you are a government entity or the Software is being acquired by or on behalf of a government entity, the Software is "commercial computer software" and "commercial computer software documentation" as defined in applicable government regulations. Government users acquire the Software with only those rights set forth in this EULA.

15.7 Third-Party Beneficiaries

There are no third-party beneficiaries to this EULA. No person or entity not a party to this EULA shall have any right to enforce any term of this EULA.

15.8 Language

This EULA is drafted in the English language. Any translation is provided for convenience only. In the event of a conflict between the English version and any translation, the English version shall prevail.

15.9 Notices

All notices under this EULA shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or three (3) days after being sent by registered or certified mail, postage prepaid, to the addresses specified below.

15.10 Contact Information

For questions, concerns, or notices regarding this EULA, please contact us at:

15.11 Acknowledgment

By downloading, installing, or using the Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions. You further acknowledge that this EULA represents the complete and exclusive statement of the agreement between you and ToolaBrowser Ltd regarding the Software.