terms of use

Last Modified: November, 2020

These Terms of Use (the "Terms of Use") constitute a binding and enforceable legal agreement between the user ("you” or "your") and Panibal Ltd. ("Panibal"), which is the legal owner of the Installer and Software (as defined below), developed or otherwise licensed to Panibal. These Terms of Use provide the terms and conditions according to which you may use the Installer and Software, including any related features.

ACCEPTANCE OF THESE TERMS OF USE

BY USING THE INSTALLER AND SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE. YOU EXPLICITLY AGREE TO USE THE INSTALLER AND SOFTWARE CONSISTENT WITH THESE TERMS OF USE. YOU FURTHER AGREE TO FULLY COMPLY WITH ANY APPLICABLE LAWS, REGULATIONS, AND ANY OTHER CONTRACTUAL TERMS REGARDING YOUR USE OF THE INSTALLER AND SOFTWARE. IF YOU DO NOT AGREE TO THE THESE TERMS OF USE OR ANY PROVISION HEREIN, YOU MUST NOT USE THE INSTALLER OR THE SOFTWARE AND MUST UNINSTALL IT FROM YOUR DEVICE, WHERE APPLICABLE.

For the purpose of providing the Installer and Software services, Panibal may collect and process certain information regarding your use. Before using the Installer and Software, Panibal encourages you to review Panibal's Privacy Policy

THE INSTALLER & SOFTWARE SERVICES OF PANIBAL

Panibal's installation software (“Installer”) is intended to perform and optimize the installation of specific software offered in it, which may include desktop apps, add-on browser extensions, and other technologies ("Software”).

You hereby acknowledge that certain Software, as applicable, when installed, may change your browsers' search settings and other settings and features that may be provided by the Software.

In addition, the Software may provide you a direct web search and other advanced features. Moreover, the performance of Panibal's Software shall include relevant advertisements based on your searches.

To install Panibal's Software, you are requested to provide your permission and consent (by clicking an appropriate button). By using the Installer, you hereby grant Panibal your consent to install the Software, including any additional software needed in order to execute such Software, as determined by Panibal. The Software requires registry changes, as well as access to the Internet.

At any time, you may, at your own discretion, skip, decline or accept any of the Software. You can cancel or stop the operation of the Installer by clicking the designated button following initiating the process. However, if you choose to stop or cancel the Installer's operation, Panibal may disable you from doing it in different stages of the process. Note that if you choose to stop the Installer’s operation in certain stages of the process, not through the designated button, you may cause damage to your device. Panibal shall not be liable or responsible for such damages. Moreover, in the event that installation was canceled or interrupted before completion, it can cause damages to the residual data or Software remaining on your device. Such residual data or Software can be removed manually, including a desktop application to resume interrupted installation.

LICENSE

According to these Terms of Use, Panibal grants you a limited, nonexclusive, nontransferable, non-sublicensable, and fully revocable license to use the Installer and install the Software ("License"). You hereby acknowledge that the License is subject to compliance with the Terms of Use and solely for your non-commercial, personal use and purposes. Panibal does not grant you any other rights whatsoever in connection with the Installer and Software. Except as expressly outlined in this Terms of Use, all the rights not granted you hereunder are reserved by Panibal.

THIRD-PARTY CONTENT

The Software may contain links to other websites, search results, advertisement, and services which are independent of Panibal's Software. This content of third parties is not under the control or responsibility of Panibal. Panibal recommends you, and it is on your own responsibility, to read the relevant terms or policies of these third parties carefully once you interact with third parties content since these terms or policies shall govern your use once you are linked to them.

Panibal hereby disclaims all liability or responsibility for any third parties’ content or any damage caused due to your use of third parties' content. The inclusion of such content in the Software will not be considered as a recommendation on Panibal’s behalf.

RESTRICTION AND WARRANTIES REGARDING YOUR USE:

You agree not to use the Installer and Software for any purposes beyond this Terms of Use. By using the Installer and Software, you represent and warrant that you will not at any time and will not permit others to:

copy, sell, lease, distribute, sub-license, or otherwise share the Installer and Software and the License granted herein, or any other commercial use of the Installer and Software.

modify, edit, change, alter or bypass, in whole or in part any feature of the Installer and Software;

claim any proprietary rights in or to the Installer and Software, or any element or content thereof, and do not remove, correct or obscure any proprietary rights notices;

use malicious codes or any automated means(such as; scraping; crawling or any robot, spider, etc.) when you access the Installer and Software;

interfere, circumvent or disable any security features of the Installer and Software or affect its performance;

use the Installer and Software in any fraudulent, unlawful, or harmful manner; or

use the Installer and Software in any manner breaches this Terms of Use.

UPON ANY BREACH OF THESE TERMS OF USE, Panibal MAY SUSPEND OR TERMINATE YOUR ACCESS AND USE OF THE INSTALLER AND SOFTWARE. BREACH OF THESE TERMS OF USE MAY ALSO RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.

PANIBAL INTELLECTUAL PROPRIETARY

All intellectual property rights, title and interest of any kind in and to Panibal's Installer and Software, including to any and all copyrightable material or any other content thereof which is or may be subject to any property rights under any applicable law (including trade names, logos and any and all 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 the exclusive property of Panibal and its licensors.

DISCLAIMER

PANIBAL'S INSTALLER AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED. PANIBAL DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Panibal DOES NOT WARRANT THAT THE INSTALLER OR SOFTWARE ARE OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE, AND NOT WARRANT THAT THE INSTALLER OR SOFTWARE WILL BE FREE OF ANY ERROR OR ANY BUGS, OR THAT PANIBAL WILL TAKE ACTIONS IN ORDER TO CORRECT THOSE ERRORS. Panibal TAKES NO RESPONSIBLE AND ASSUMES NO LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY RESULTING YOU FROM TECHNICAL ISSUES. Panibal MAKES NO REPRESENTATION OR PROVIDE ANY WARRANTY THAT THE INSTALLER OR SOFTWARE ARE OR WILL BE AVAILABLE FOR USE IN ANY GEOGRAPHIC LOCATION OR AT ANY GIVEN TIME. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE INSTALLER OR SOFTWARE IS AT YOUR OWN RISK AND RESPONSIBILITY.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PANIBAL AND ITS AFFILIATES, AS WELL AS THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND EXEMPLARY DAMAGES, INCLUDING (HOWEVER NOT LIMITED TO), LOST OF PROFITS OR REVENUES, LOSS OF DATA, DAMAGES TO EQUIPMENT, OR OTHER INTANGIBLE LOSSES, ARISING FROM THE USE OR INABILITY TO USE THE INSTALLER OR SOFTWARE OF PANIBAL EVEN IF PANIBAL OR WHOM ON ITS BEHALF, WERE ADVISED REGARDING THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PANIBAL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE INSTALLER OR SOFTWARE MADE BY YOU, EXCEED THE ACTUAL PRICE PAID BY YOU FOR YOUR USE OF THE INSTALLER AND SOFTWARE OR TEN US DOLLARS (10$), WHICHEVER IS LESS.

UPDATES OF THE INSTALLER OR SOFTWARE

Panibal has the right to upgrade, update, or perform other modifications to the Installer or Software and the services at any time. Panibal is not required to provide you with any notice regarding the updates. You acknowledge that Panibal will not be liable for any damages or other effects resulting from the changes, updates, or upgrades, of the Installer or Software. Please note that by installing the Software you approve the downloading and installation of automatic updates.

TERM AND TERMINATION

Each party is entitled to terminate these Terms of Use at any time and for any reason:

Terminate by Panibal- Panibal may terminate or suspend your right to access or use the Installer or Software at any time and for any reason. Panibal will not be liable to you or to any third party for any termination.

Terminated by you- you may terminate this Terms of Use by removing the Software from your device according to the standard uninstalls procedure.

These Terms of Use will be in effect as of the date on which you initiate the use of the Installer.

Upon termination, the License shall be automatically terminated as well.

INDEMNITY

You agree to indemnify and hold harmless Panibal and its respective affiliates, directors, shareholders, officers or representatives from and against any claims, suits, proceedings, disputes, damages, expenses, liabilities, losses, judgments, and all related costs, including reasonable attorney’s fees, in any way related to your access or use of the Installer or Software, or as a result of your breach of these Terms of Use.

CHANGES TO THESE TERMS OF USE

Panibal may revise, update, or change these Terms of Use at any time. The most current version of these Terms of Use will be indicated in the "Last Modified" date. The amendments and revisions to these Terms of Use shall be effective upon the publication of such updates. By continuing to access or use the Installer or Software, you agree to such revised Terms of Use, so you shall make sure to review these Terms of Use from time to time. Panibal reserves the right to determine if to provide you with a notification upon performing amendments to these Terms of Use or not.

GENERAL TERMS OF USE

1.     Entire Agreement: these Terms of Use, together with any amendments or updates, contain the complete understanding between Panibal and You regarding the Installer and Software. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and will not affect the remaining provision, which shall remain in full force and valid.

2.     Governing Laws in Case of Dispute:these Terms of Use shall be governed by and constructed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law. The competent courts located in Tel Aviv, Israel will have sole jurisdiction in any dispute, claim, or controversy arising under, related to, or otherwise connected with these Terms of Use, the Installer and Software. The limitation regarding any claim to the Installer and Software shall be limited to twelve (12) months as of the applicable claim and will be permanently barred afterward.

3.     Assignment:these Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Panibal without restriction.

4.     No-Waiver:failure of Panibal to assert any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights under these Terms of Use or subsequent actions in the event of future breaches.

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

CONTACT US INFORMATION

Panibal Ltd.
support@panibal.com
+1 (833) 953-2941