End user agreement for Content Advisor Express Button
Description of the Software
The Software offered on the Site is an express button (appearing on the Internet Explorer command bar) which allows easy access to the Content Advisor feature that is part of Internet Explorer. The Content Advisor is a software component built in Internet Explorer which allows parental control and screening of content viewed on the internet, which can normally be accessed only by going through several menus of Internet Explorer.
Use of the Software
If you select to download the Software, a shortcut button will appear on your Internet Explorer, which is readily available to the user on the browser's interface, so that you can activate the Content Advisor and change its settings easily, without the need to go through several menus. In addition, when a user of the Content Advisor forgets his password and wishes to change his/her password, the user is required to perform certain activities on the computer in order to restore the password without the need to re-install the browser. Such activities require a level of knowledge about computers which is not common among the average user. The Software enables the user to change the Content Advisor password easily, without the need to re-install the browser and without the need to have profound knowledge in computers.
The Software is operative only on Internet Explorer (version 6 or newer versions).
The Software is protected by copyright laws and applicable international treaties. Keyds.com hereby grants you a personal, non-exclusive, non-transferable license to use the Software on the number of computers indicated during the download process, subject to the terms and conditions of this Agreement.
When you download the Software, you can use the Software for free for a period of 14 days (the "Trial Period"). Thereafter, you will be required to purchase the Software for a price of $5USD for a lifetime subscription. You can purchase the Software either at the time of downloading or at any time thereafter during the 14 days Trial Period. Once you purchase the Software, you receive from us a license key which activates it for the purchased period of time. Therefore, except for use during the Trial Period, you have to purchase the Software in order to use it. In addition, any user is entitled to enjoy a free Trial Period license only once. Therefore, any repetitive use of a free Trial Period license by the same user, directly or indirectly, shall be regarded as a violation of this Agreement.
Any rights and title in and to the Software shall belong and remain at all times in Keyds.com and nothing in this Agreement shall be deemed as a grant of any such rights to you.
For the avoidance of doubt, all the rights (including copyright) in Internet Explorer belong to Microsoft Corporation. Keyds.com is not related to Microsoft Corporation. Hence, the license granted herein refers only to the use of the Software, and nothing herein shall be interpreted as providing any license or rights with respect to Internet Explorer. You should obtain from Microsoft a separate license to use Internet Explorer.
In addition, any third party trademarks mentioned herein (including "Internet Explorer" and "Content Advisor") are the trademarks of their respective owners.
Scope of license
(a) You may use the Software on the specific computer on which you downloaded it. If, for any reason, you wish to re-install the Software on your computer and use it beyond the Trial Period, you will be required to purchase it again.
(b) You may not use the Software to perform any activity (i) which is in violation of any applicable laws or may be regarded as unlawful, harassing, obscene, infringes another's privacy, or otherwise objectionable (ii) which infringes the rights of third parties or (iii) which is in violation of this Agreement.
Acknowledgment regarding use of the Software and disclaimer of warranties
You acknowledge and agree that:
(a) By using the internet you may be exposed to contaminated files or other harmful electronic elements which may lead to loss of data and other damages.
(b) The functionality of the Software depends, among others, on the functionality of your Internet Explorer and the Content Advisor feature which is incorporated therein and on internet connectivity. Keyds.com has no control over internet connectivity and over such third party software and, therefore, cannot guarantee their operability. Without limiting the foregoing, you hereby specifically acknowledge and agree that the Software serves only as a shortcut to the Content Advisor and that Keyds.com has no control, and shall not be liable for, the operability of the Content Advisor. Moreover, once you access the Content Advisor, your use of this third party feature is at your own risk and liability and Keyds.com shall not be liable for any damages, including invasion to privacy or damages to the operability of your computer or to your free use of the internet, arising from or in connection with your use of the Content Advisor feature.
(c) The Software is provided "as is", without warranty of any kind. Keyds.com makes no warranty, express or implied, regarding the Software, and disclaims any warranty of merchantability, fitness for a particular purpose and non-infringement. Your use of the Software is at your own risk.
(d) The license key provided to you by e-mail is for your personal use only. Keyds.com will not be liable for any loss or damage you may incur as a result of someone else using your license key with respect to the Software, either with or without your knowledge.
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, these warranties shall apply to the maximum extent possible.
Limitation of liability
(a) In addition to express limitations on Keyds.com's liability throughout this Agreement, in no event shall Keyds.com or its licensee or assignee be liable to any third party for any unavailability or errors related to the use of the software.
(b) In addition to express limitations on Keyds.com's liability throughout this Agreement, in no event shall Keyds.com or its licensee or assignee be liable to any third party for any indirect, special, incidental or other consequential damages however caused in connection with the use of the Software, even if Keyds.com has been advised of the possibility of such damages.
(c) If, notwithstanding the limitations on liability contained in this Agreement, Keyds.com shall be found liable to you in an action related to this Agreement and your use of the Software, its liability shall not exceed the amount you paid to Keyds.com for the purchase of the Software.
You agree to indemnify, defend and hold harmless Keyds.com, its affiliates, officers, employees, consultants and agents, and their successors, from and against any and all third party liability, damages, or costs (including reasonable attorney fees) arising out of or in connection with the Software or your breach of any of your representations or obligations in this Agreement.
Term and Termination
Keyds.com may terminate this Agreement at any time by deactivating the license key in your possession, in the event that it is required to do so by law or court order or in the event that it becomes aware that you have violated any of the terms of this Agreement. You may terminate this Agreement at any time by uninstalling the Software from your computer. Any provisions relating to indemnification, limitation of liability and disclaimers of any kind shall remain in full force and effect after termination of the Agreement.
Changes to this Agreement
Governing law and jurisdiction
The Site and Software are operated by Keyds.com, a business located in Israel. By accessing the Site and by using or downloading the Software you agree that all matters relating to your access to, or use of, the Site and the Software shall be governed by Israeli law. You also agree to submit to the exclusive personal jurisdiction of the competent courts in Tel Aviv with respect to such matters, to the extent of excluding the jurisdiction of any other court or tribunal.
This Agreement constitutes the entire agreement between you and Keyds.com in connection with the Site and the Software. If any provision in this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Agreement shall remain in full force and effect. Any failure by Keyds.com to enforce or exercise any provision hereunder shall not constitute a waiver of a right or provision. This Agreement cannot be amended or modified unless otherwise stated herein, or unless in a writing instrument executed by an executive of Keyds.com. You may not assign or otherwise transfer your rights this Agreement without Keyds.com's prior written consent. Keyds.com may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to any third party whatsoever, without notice and without the need to receive your consent, in connection with the sale or transfer of substantially all of its assets.
If you have any questions relating to this Agreement or need support of any kind in relation to the Site or the Software, you are welcome to contact us and we will do our best to answer you shortly. Currently, support is given only to enquiries in English and Hebrew.