ASOCS reserves the right to modify these Terms, or change or remove features of ASOCS Websites. We will notify you of any material change to these Terms by sending you an email or by posting a notice of the modification on ASOCS Websites. If we make a material change, you may terminate this agreement within 30 days of us sending you the email or posting the notification. Your continued use of ASOCS Websites after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the ASOCS Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.
These Terms, together with any additional terms to which you agree when using particular elements of the ASOCS Websites, constitute the entire and exclusive and final statement of the agreement between you and ASOCS with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and ASOCS with respect to such subject matter. These Terms and the relationship between you and ASOCS shall be governed by the laws of the State of Israel, without regard to the provisions of those laws as to conflict of laws. All lawsuits arising from or relating to these Terms or your use of the ASOCS Websites shall be brought in the courts located in the district of Tel Aviv Jaffa, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of ASOCS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of ASOCS and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the ASOCS Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or ASOCS. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ASOCS without restriction.
Use of Software
To the extent that ASOCS provides for the download of proprietary ASOCS software or open source software from ASOCS’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either ASOCS or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
ASOCS reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of ASOCS will be collectively referred to as “ASOCS Marks.
No employee or other representative of ASOCS is authorized to grant permission to use ASOCS Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to ASOCS Marks by a ASOCS employee in the absence of a formal written agreement cannot be relied upon.
The ASOCS Marks are highly valued intellectual property, and therefore ASOCS will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to ASOCS Marks or which are likely to cause confusion with ASOCS Marks.
Linking To ASOCS Websites
Linking to the ASOCS Websites (including an internal or subsidiary page of any website comprising a part of the ASOCS Websites) must be approved in writing by ASOCS, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
- does not utilize content of a ASOCS Website;
- does not utilize a ASOCS logo;
- does not use framing of an ASOCS Website;
- does not misrepresent an affiliation or other relationship with ASOCS;
- does not misrepresent any possible endorsement by ASOCS;
- does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
- is promptly modified to delete the hyperlink upon request by ASOCS.
Except where otherwise specified, the contents of the ASOCS Websites are subject to copyright. Copyright © 2003-2021 ASOCS, Inc. All rights reserved.
The contents of the ASOCS Websites are protected by copyright and intellectual property laws in Israel and other countries as well as by international treaties. You may not copy or distribute any portion of the ASOCS Websites, except as necessary to view the ASOCS Websites.
Please direct any questions or comments to ASOCS
Links to Third Party Sites
Links on the ASOCS Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the ASOCS Websites. ASOCS does not endorse or make any representations about such third party websites, and ASOCS is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. ASOCS does not control those websites, and ASOCS is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
You agree to indemnify, defend and hold harmless ASOCS, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the ASOCS Websites or violation of these Terms. ASOCS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ASOCS’s defense of such claim, and in no event may you agree to any settlement affecting ASOCS without ASOCS’s written consent.
When you visit the ASOCS Websites or send e-mails to ASOCS, you are communicating with ASOCS electronically. We may respond to you by e-mail or by posting notices on the ASOCS Websites. You agree that all such notices, disclosures and other communications that ASOCS provides to you electronically satisfy any legal requirement that such communications be in writing.
Information on the ASOCS Websites is not promised or guaranteed to be correct, current or complete, and the ASOCS Websites may contain technical inaccuracies or typographical errors. ASOCS assumes no responsibility (and expressly disclaims responsibility) for updating the ASOCS Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the ASOCS Websites. ASOCS provides no assurances that any reported problems will be resolved by ASOCS, even if ASOCS elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE ASOCS WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. ASOCS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASOCS MAKES NO WARRANTY THAT THE ASOCS WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE ASOCS WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL ASOCS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE ASOCS WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF ASOCS HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that ASOCS may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ASOCS’s liability shall be the minimum permitted under such applicable law.