Databunker Pro End-User License Agreement (EULA)

Databunker Pro End-User License Agreement (EULA)

Last Updated: October 30, 2024

This End-User License Agreement (“EULA”) is a legal agreement between you (“Licensee” or “you”) and Stremovsky, an Israel-based company or its subsidiary companies (“Licensor” or “we”), governing the use of the Databunker Pro software product (“Software”).

By purchasing and using the Software, you agree to the terms of this EULA. If you do not agree, do not purchase or use the Software.

1. License Grant

Subject to the terms and conditions of this EULA and your specific purchase agreement or contract, Licensor grants you a non-exclusive, non-transferable, and revocable license to use the Software for your internal business purposes for the duration specified in your purchase agreement. The Software may be deployed on-premises, in the cloud, via Docker Compose, or in Kubernetes, subject to compliance with this EULA.

2. Support and Updates

During the one-year license period, Licensee will receive software updates and support on a next-business-day basis. Support and updates will terminate at the end of the one-year license period unless Licensee renews their license.

3. Restrictions

You may not:

  • Copy, distribute, or reproduce the Software except as expressly permitted.
  • Modify, adapt, translate, or create derivative works of the Software.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software.
  • Rent, lease, sublicense, or otherwise transfer rights to the Software.
  • Use the Software in violation of any applicable laws or regulations.

Any violation of these restrictions may result in termination of the license without refund.

4. Warranty and Disclaimer

THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR MAKES NO REPRESENTATION THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR’S TOTAL LIABILITY TO LICENSEE SHALL NOT EXCEED THE FEES PAID FOR THE SOFTWARE. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Indemnification

Licensee agrees to indemnify, defend, and hold harmless Licensor and its affiliates, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including attorney fees) arising out of or related to Licensee’s use of the Software, breach of this EULA, or violation of applicable laws or regulations.

7. Data Protection and Confidentiality

Licensee is responsible for ensuring compliance with all applicable data protection laws regarding data processed using the Software. Licensor shall not access, view, or assume responsibility for data Licensee processes with the Software, and Licensee assumes full responsibility for safeguarding such data in compliance with relevant regulations.

8. Third-Party Services

The Software may integrate with third-party services or platforms, for which Licensor assumes no responsibility. Licensor disclaims all liability for issues or damages arising from the use or inability to use third-party services with the Software.

9. Force Majeure

Licensor shall not be liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to acts of God, war, cyber attacks, government regulations, labor disputes, and internet service disruptions.

10. Export Control Compliance

Licensee agrees to comply with all applicable export and import laws and regulations. Licensee shall not export or re-export the Software in violation of such laws or use it in any country subject to embargo by the government of Israel or Licensee’s country.

11. Changes to EULA

Licensor reserves the right to update this EULA from time to time. Licensee will be notified of any substantial changes, and continued use of the Software following such notification will constitute Licensee’s acceptance of the modified EULA.

12. Termination

This license is effective until terminated. Licensor may terminate this EULA immediately upon Licensee’s failure to comply with any of its terms. Upon termination, Licensee must cease all use of the Software and destroy all copies in their possession.

13. Governing Law and Dispute Resolution

This EULA shall be governed by the laws of Israel, without regard to conflicts of law principles. All disputes arising from this EULA shall be subject to the exclusive jurisdiction of the courts of Israel.

14. Survival

The rights and obligations of the parties under Sections 3 (Restrictions), 4 (Warranty and Disclaimer), 5 (Limitation of Liability), 6 (Indemnification), and 13 (Governing Law and Dispute Resolution) shall survive the termination or expiration of this EULA.