THIS END USER LICENSE AGREEMENT, TOGETHER WITH THE
PRIVACY POLICY WHICH
IS INCORPORATED BY REFERENCE TO THIS END USER LICENSE AGREEMENT, SET FORTH
THE LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU (AN INDIVIDUAL) AND
HOLA Networks Ltd. ("HOLA" OR "US", OR "OUR" OR "WE"); THIS AGREEMENT GOVERNS
YOUR ACCESS AND USE OF, THE HOLA SOFTWARE ("SOFTWARE"), THE HOLA SDK AS
INCORPORATED IN OTHER SOFTWARES OR SERVICES, THE HOLA NETWORKS LIMITED
WEBSITES ("SITE") AND ANY ACCOMPANYING SERVICES, FEATURES, CONTENT AND
APPLICATIONS ("FEATURES") OFFERED BY US (ALL COLLECTIVELY REFERRED HEREIN AS
THE "SERVICES"). PLEASE READ THESE TERMS CAREFULLY IF YOU WISH TO USE THE
SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT CONSENT TO
OUR PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. YOUR USE OF THE SERVICES
IS UNDER LICENSE AS SET FORTH IN THESE TERMS. HOLA RESERVES ALL RIGHTS IN THE
SERVICES INCLUDING ANY RIGHT WHICH IS NOT EXPRESSLY PROVIDED IN THIS
AGREEMENT. BY USING THE SERVICES, YOU AGREE THAT YOU WILL NOT USE THEM FOR
ANY ILLEGAL OR UNAUTHORIZED PURPOSE.
Privacy
We value your privacy and take efforts to protect it. Please see our
Privacy policy to know more about our data
collection and usage practices.
Your Use of the Services
The Services are provided to you free of charge in our standard format, but
some of the Features or functionalities may not be available to you under our
standard version of the Software; If you decide to purchase a premium version
of the Software, additional features and functionalities may be
available;
You may not use the Services if you are under the age of 13 or if you are not
the owner or approved administrator of the device on which you install the
Software or otherwise use the Services.
We reserve the right, at our sole discretion, to change, modify, add, or
delete any of the terms and conditions of this Agreement or any portion
thereof at any time including without limitation the availability of any
Features. Your continued use of the Service following any revision of the
Services or this Agreement constitutes your complete and irrevocable
acceptance of any and all such changes. If you do not agree to be bound by
the amended Agreement, you may not use or access (or continue to use or
access) the Services.
Payment, renewals and Refund
You can use the free version of the Software. If you decide to purchase the
premium version of the Software you will be charged with our then-current
monthly fee. The premium account will be automatically renewed each month
until you notify us that you wish to terminate it. You may send request to
terminate premium account to: billing@hola.org or cancel your payment on your
'my account' page. We may use third party services to collect payment from
you and manage any payment procedure. Before using such third party services,
we recommend that you read and understand the applicable terms and conditions
of such services and privacy policies and ensure that you agree to their
terms. You acknowledge that we are not responsible for any third party
services or for the content or privacy practices of such third parties. You
are knowingly and voluntarily assume all risks of using such third party
services.
Limited License
During the Term, we hereby grant you a personal, non-exclusive,
non-transferable, non-assignable, non-sub-licensable, revocable and limited
license to access and use the Services and to install a copy of the Software
on your personal device. This limited license is solely for your personal and
non-commercial use. Any commercial use of the Services or Software,
including, but not limited to, any use by an individual on behalf of a
company or corporate entity, shall be considered a breach of this Agreement.
If you wish to make any commercial use of the Services (or any portion of
them), you must enter into an agreement with us in advance. Please contact
bd@hola.org for more information.
The Software is licensed to you, not sold. Except as expressly indicated in
this Agreement or within any of the Services you may not: (a) copy, modify,
or distribute the Services or any portion of them; (b) sell, lend, rent,
assign, export, sublicense or otherwise transfer the Software or the
Services; (c) modify, translate, reverse engineer, create derivative works
based on the Software or the Services or otherwise attempt to discover any
source code, protocol or process used within or in connection with the
Software or the Services; (d) alter, delete or conceal any copyright,
trademark or other notices in connection with the Services or the Software;
(e) interfere with or impair the use of others of the Services or with any
network connected to the Services; (f) use the Services or the Software by
themselves or in conjunction with any other products to infringe upon any
third party's rights, including without limitation third party's intellectual
property rights, to invade users' privacy in any way, or to track, store,
transmit or record personal information about any other user of the Services
or the Software;(g) otherwise violate applicable laws including without
limitation copyright and trademark laws and applicable communications
regulations and statutes. Any such forbidden uses shall immediately and
automatically terminate your license to use the Software and the Services,
without derogating from any other remedies available to us at law or in
equity.
Prohibited Conduct
You may not use the Services in any manner that could damage, disable,
overburden, or impair our servers or interfere with any other party's use and
enjoyment of the Services. You may not attempt to gain unauthorized access to
any aspect of the Services or to information for which you have not been
granted access through password mining or any other process. We may take any
and all legal, equitable, technical or operational means available to prevent
or cease any violation or breach of this Agreement and to otherwise enforce
this Agreement.
Registration and Security
In order to activate some of the Services you will have to create an account
sign up and provide a username, password and your email address
("Registration Data"); You hereby agree to: (a) provide true, accurate,
current and complete information as may be prompted by any registration forms
regarding your registration or use of the Services; and (b) maintain and
promptly update the Registration Data, and any other information you provided
to us, for the purpose of keeping such information accurate, current and
complete. You may not let anyone else access your account or do anything else
that might jeopardize the security of your account or enable unauthorized
use. You are responsible for maintaining the confidentiality and security of
your Registration Data and for all activities that occur under your account.
You must notify us immediately when the security of your Registration Data or
account has been breached. We will not be liable for any loss that you may
incur as a result of someone else using your password of account, either with
or without your knowledge.
Proprietary Rights
The Software, Site and Features including any versions, revisions,
corrections, modifications, enhancements and/or upgrades thereto,
accompanying materials, services and any copies you are permitted to make
under this Agreement are owned by us or our licensors and are protected under
intellectual property laws, including copyright laws and treaties.
You acknowledge that all right, title, and interest in and to the Software,
Site and Features and associated intellectual property rights (including,
without limitation, any patents (registered or pending), copyrights, trade
secrets, designs or trademarks), evidenced by or embodied in or attached or
connected or related to the Software, Site and Features are and shall remain
owned solely by us or our licensors. This Agreement does not convey to you
any interest in or to the Software, Site or Features, or any of the Services,
but only a limited, revocable right of use in accordance with the terms of
this Agreement. Nothing in this Agreement constitutes a waiver of our
intellectual property rights under any law. Nothing in this Agreement
constitutes a waiver of our intellectual property rights under any law.
The Hola logos and trademarks are our trademarks and no right, license, or
interest in any such trademarks is granted hereunder.
We respect the intellectual property of others, and we ask you to do the
same. It is important (and a condition of this Agreement) that you comply
with all copyright laws and other provisions in connection with any content
agreement to which you may be a party through the Services.
User Generated Content
The Site may contain comments and recommendations, sections, discussion
forums, bulletin boards, or other interactive features ("Interactive
Section(s)") in which you may post or upload comments or user-generated
content such as text, video, photos, messages, other materials or items
(collectively, "User Content"). You are solely responsible for your use of
any Interactive Section (either by posting User Content or otherwise
interacting with User Content or making decisions based on User Content) and
your use of them is at your own risk and under your sole responsibility.
By submitting User Content to an Interactive Section, you hereby agree to
abide by the following restrictions:
-
you may not upload, post or otherwise transmit any User Content that: (i)
violates any law or engage in activity that would constitute a criminal
offense or give rise to a civil liability; (ii) violates or infringes in
any way upon the rights of others, including any intellectual property
rights or make statements which may defame, harass, stalk or threaten
others; (iii) is offensive in any fashion, including blatant expressions,
racism, abusiveness, vulgarity, profanity, pornography, pedophilia,
incest, bestiality, or otherwise obscene; (iv) advocates or provides
instruction on illegal activity or discuss illegal activities or
encourage illegal activity; (v) is soliciting terrorism; (vi) contains
advertising, promotional materials or any solicitation with respect to
products or services; (vii) is not generally related to the designated
topic or theme; (viii) contains software or other materials which contain
a virus or other harmful or disruptive component;
- Do not impersonate others or falsely state or otherwise misrepresent
any endorsement by or affiliation with any person or entity;
- Do not interfere with any other end user's right, including the right
for privacy, copyrights or any other right;
-
Do not interfere with or disrupt the Site or the Services or networks
connected to the Site or to other users, or disobey any requirements,
procedures, policies or regulations of networks connected to the Site;
-
Do not reproduce, duplicate, copy, sell, resell or exploit for any
commercial purpose, any portion of the Site or Services or User Content,
use of the Site domain, or access to the Site in an unauthorized
fashion;
We shall have the right, but not the obligation, to monitor User Content
posted or uploaded to the Site to determine compliance with these terms and
conditions and any operating rules established by us and to address any law
or regulation. Although we have no obligation to monitor, screen, edit or
remove any of the User Content posted or uploaded to the Site, we reserve the
right, and have absolute discretion, to screen, edit, refuse to post or
remove without notice any User Content posted or uploaded to the Site at any
time and for any reason. You shall be solely liable for any damage resulting
from any infringement of copyrights, trademarks, trade secrets, rights of
publicity or other proprietary rights or any other harm resulting from any
User Content submitted by you or third party.
Infringement Notices And Counter-Notice
If you believe that your work has been copied in a way that constitutes
copyright infringement, you may submit a notification by providing our agent
with the following information in writing:
-
a physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
-
identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site;
-
identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled and information reasonably sufficient to permit
the Company to locate the material;
- information reasonably sufficient to permit us to contact you, such as
an address, telephone number, and, if available, an email address;
-
a statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
-
a statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed. You can file
such complaint over the email at: abuse@hola.org. You acknowledge that if
you fail to comply with all of the requirements of this section, your
infringement notice may not be valid.
- You may visit our DMCA Policy for further
information
Automatic Software Updates and Upgrades
The Software is automatically updated or upgraded at our discretion and
without any action on your part. The updates and upgrades may include error
corrections, bug fixes, updates, upgrades, software compatibility components,
security updates and new features or functionalities. The updates or upgrades
will be deemed part of the Software, and will be subjected to the terms of
this Agreement, unless the updates or upgrades are expressly provided subject
to a separate agreement. We reserve the right to change, modify or alter the
Software or the Services, or any portion of them (including their names,
title, logo or design) and/or to completely cease providing the Services in
our sole discretion.
Automatic Uploading, Routing and Caching
The Services may improve your use of the Internet, among other means by
re-routing some of your requests through other Hola users (the "Value
Exchange"). Your free use of the Services will in turn enable other devices
using the Services to be re-routed through your device. By using the Services
you consent to the use of your device in the described manner and agree that
other Hola devices may use your network connection and resources. Note that
Hola will make its best effort not to enable any use of your device's
resources unless your resources are at that time idle and are not using your
battery power or roaming, and to maintain the highest levels of
privacy and security. If you purchased a Premium account, portions of this
section may not be applicable to you. You represent that your entry into
this Agreement and your use of the Services does not breach any contract,
duty, law, regulation or right, and that if sharing your resources is not
desirable or allowed in your case, you will not use the Services, or purchase
a Premium account to use the network but not to contribute resources to it.
How is it free?
In return for free usage of Hola Free VPN Proxy, Hola Fake GPS location and
Hola Video Accelerator, you may be a peer on the Luminati network. By doing so
you agree to have read and accepted the terms of service of the
Luminati SDK SLA. You may opt
out by becoming a premium user.
Beta program
You acknowledge that the Services are still in beta stage and therefore you
may encounter bugs and/or limited functionality.
Third Party Websites and Content
The Services may contain links to other web sites ("Third Party Sites") as
well as articles, photographs, text, graphics, pictures, designs, video,
audio, information, mobile applications, "plug-ins", offers and other content
or items which belong to or originate from third parties ("Third Party
Applications or Content"). Such Third Party Sites and Third Party
Applications or Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third Party Sites accessed through the Services or any Third Party
Applications or Content posted on, available through or installed from the
Services, including without limitation the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of the Third Party
Sites or the Third Party Applications or Content. Inclusion of, linking to or
permitting the use or installation of any Third Party Site or any Third Party
Applications or Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third Party Sites or to
use or install any Third Party Applications or Content, you do so at your own
risk and you should be aware that our terms and policies no longer govern.
You should review the applicable terms and policies, including privacy and
data collection practices of any Third Party Site to which you navigate from
the Services or which relate to any applications you use or install from the
Third Party Site.
Warranty Disclaimers
THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTY OF ANY KIND (INCLUDING SUPPORT OR OTHER SERVICES
BY US OR OUR LICENSORES).YOU AGREE THAT YOUR USE OF THE SERVICES AND SOFTWARE
SHALL BE AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, WE, OUR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE
OR SERVICES: (A) WILL BE ERROR OR DEFECT FREE OR OTHERWISE FREE FROM ANY
INTERRUPTIONS OR OTHER FAILURES; (B) WILL MEET YOUR REQUIREMENTS; OR (C) THAT
ANY ERROR WILL BE IMMEDIATELY FIXED; WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT (INCLUDING ANY USER
CONTENT) OR TO ANY THIRD PARTY SITES OR APPLICATIONS OR CONTENT OR ANY
PORTION OR COMPONENT OF EITHER AND ASSUME NO LIABILITY OR RESPONSIBILITY AND
DISCLAIM ALL WARRANTIES FOR ANY (I) PROBLEMS OR AVAILABILITY OF INTERNET
CONNECTIONS (II) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR SERVICES,
(III) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE SERVICES OR TO ANY THIRD PARTY SITE, (IV) ANY UNAUTHORIZED
ACCESS TO YOUR DEVICE OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL
INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION REGARDING THE SERVICES, (VI) ANY BUGS, VIRUSES,
TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SERVICES BY ANY THIRD PARTY, (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES, OR (VIII) ANY USER CONTENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO ANY
TRANSACTION OR OTHER ENGAGEMENT WITH SUCH ADVERTISING OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY,
FUNCTION, AND PERFORMANCE OF THE SERVICES, AND TO ALL TRANSACTIONS YOU
UNDERTAKE ON THROUGH THE SERVICES.
Limitation of Liability
IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE
TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF
DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH
OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT,
SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR
INDIRECT, EXCEED FIFTY DOLLARS ($50.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND
OTHER THEORY OF LIABILITY.
Indemnification
You hereby agree to indemnify, defend and hold us, our subsidiaries, parent
corporation and affiliates, partners, sponsors and all of their respective
officers, directors, owners, employees, agents, attorneys, licensors,
representatives, licensees, and suppliers (collectively, "Parties"), harmless
from and against any and all liabilities, losses, expenses, damages, and
costs (including reasonable attorneys' fees), incurred by any of the Parties
in connection with any claim arising out of your use of the Site or Services,
any use or alleged use of your account or your password by any person,
whether or not authorized by you, your violation or breach of this Agreement
or your violation of the rights of any other person or entity.
Term and Termination
This Agreement becomes effective upon the earlier of your access to the
Services or installation of the Software until terminated by either you or us
(the "Term"). You may terminate your relationship with us at any time by
completely uninstalling the Software. Your failure to comply with the terms
and conditions of this Agreement or any other agreement you have with us will
terminate your license and this Agreement. Upon termination of this Agreement
the license granted to you shall automatically expire and you shall
discontinue all further use of the Software and Services.
We have the right to take any of the following actions in our sole discretion
at any time without any prior notice to you:
-
Restrict, deactivate, suspend, or terminate your access to the Services,
including deleting your accounts and all related information and files
contained in your account;
- Refuse, move, or remove any material that is available on or through
the Services;
- Establish additional general practices and limits concerning use of the
Services.
We may take any of the above actions for any reason, as determined by us in
our sole discretion, including, but not be limited to, (a) your breach or
violation of this Agreement, (b) requests by law enforcement authority or
other governmental agency, (c) a request by you, (d) discontinuance or
material modification to the Services (or any part thereof), and (e)
unexpected technical or security issues or problems. You agree that we will
not be liable to you or any third party for taking any of these actions.
Compliance with Law & Export Control
The Software is intended for use only in compliance with applicable laws and
you undertake to use it in accordance with all such applicable laws. Without
derogating from the foregoing and from any other terms herein, you agree to
comply with all applicable export laws and restrictions and regulations and
agree that you will not export, or allow the export or re-export of the
Software in violation of any such restrictions, laws or regulations. You
agree to the foregoing and represent and warrant that you are not located in,
under the control of, or a national or resident of any restricted country
under US or other applicable law.
General
-
Entire Agreement; This Agreement, including the policies you may be
referred to in the Agreement, constitute the entire agreement between you
and us with respect to the subject matter hereof and supersede and
replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
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Notifications; We may be required by applicable law to notify you of
certain events. You hereby acknowledge and consent that such notices will
be effective upon our posting them on the Site or through the Services or
delivering them to you via email. You may update your email address
through the Services where you have provided us with your contact
information. If you do not provide us with accurate information, we
cannot be held liable if we fail to notify you. If you are a resident of
the State of California, U.S.A., you may have this same information
emailed to you by sending a letter to the foregoing address with your
email address and a request for this information.
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Assignment; You agree that this Agreement and our rights hereunder may be
assigned, in whole or in part, by us or our affiliate to any third party,
at our sole discretion, including an assignment in connection with a
merger, acquisition, reorganization or sale of substantially all of our
assets, or otherwise, in whole or in part. You may not assign,
sublicense, or delegate your rights under this Agreement.
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Governing Law; The Agreement and the relationship between you and Hola
shall be governed by and construed in accordance with the laws of the
State of Israel, without giving effect to its choice of law rules. You
agree that any legal action arising out of or relating to the Agreement
or your use of, or inability to use, the Site or Services shall be filed
exclusively in the competent courts of Tel Aviv-Yaffo and you hereby
consent and submit to the personal and exclusive jurisdiction and venue
of, and waive any jurisdictional, venue, or inconvenient forum objections
to, such courts. Notwithstanding the foregoing, we may seek injunctive
relief in any court of competent jurisdiction. In this Agreement, there
shall be no third party beneficiaries to this Agreement.
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No waiver; The failure by us to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right
or provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of this Agreement
remain in full force and effect.
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You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Services
or this Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Contact us:
For any question you may contact us at: info@hola.org.
Copyright 2017 Hola Networks Limited. All rights reserved.
Use of the Services constitutes acceptance of Hola Networks Ltd Terms of Use
and Privacy Notice