Coronet Cyber Security Ltd, a company incorporated under the laws of Israel with registered address at 13 Moses Yehuda and Noah, Tel Aviv (“Coronet”, the “Company” or “we“) operates the mobile application for end-point protection application known as the Coronet End Point application (the “Application“), as well as the Coronet Console (the “Console“).
1. Acceptance of Terms and Conditions
1.1. If you do not agree to any of the provisions of this Agreement you should immediately stop using the Company’s software application (the “Software“) and remove the Software from your end-point device (the “Device”).
1.2. We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement from time to time and we will notify you of any such amendment, modification or change by publishing a new version of this Agreement. Any modified version of this Agreement will take effect with immediate effect and your continued use of the Software will be deemed to constitute your acceptance of the changes to this Agreement. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of this Agreement and we advise you to check for updates on a regular basis.
2. Scope of Right of Use and Intellectual Property
2.1. The Company hereby grants you the limited, revocable, non-exclusive, non-transferable and non-sub-licensable right to use the Software and all content derived therefrom, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Coronet End Point Protection made available via the Application and/or the Console (the “Services“) in accordance with this Agreement. The Console’s and Software’s code, structure and organization are protected by intellectual property rights. You must not:
2.1.1. copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;
2.1.2. sell, assign, sublicense, transfer, distribute or lease the Software;
2.1.3. make the Software available to any third party through a computer network or otherwise.
2.2. The terms of this Agreement will govern any upgrades provided by the Company that replace and/or supplement the original Application and/or Console, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
2.3. The brand names relating to the Application and/or Console and any other trademarks, service marks and trade names used by the Company or on its own behalf from time to time (the “Trademarks”) are the trademarks, service marks and trade names of the Company or one of its group companies or its licensors and these entities reserve all rights to such Trademarks.
2.4. In addition to the rights in the Trademarks, the Company (or one of its group companies or licensors) owns the rights in all other content, including but not limited to the Software, the Console, information, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or the Application (the “Content”) and the Content is protected by copyright or other intellectual property rights.
2.5. You hereby acknowledge that by using the Services or the Software or the Console you obtain no rights in the Trademarks, the Content, patents, trade secrets and/or any other intellectual property rights in the Software and/or Console and those are and will remain solely the property of the Company and/or the Company’s licensor and you may only use the same in complete accordance with this Agreement.
2.6. You acknowledge and agree that all right, title, and interest to, and all copyrights, patents, trade secrets and/or any other intellectual property rights in the Software and/or Console are and will remain solely the property of the Company and/or Company’ licensors. Licensee is granted no title or ownership rights in the Software and/or Console, in whole or in part. You acknowledge that Company considers the Software and/or Console to contain trade secrets of the Company and/or its licensors. Such trade secrets include, without limitation, the source code version of the Software and/or Console, the specific design, structure and logic of individual programs, their interactions with other portions of programs, both internal and external, and the programming techniques employed therein.
3. Your Representations and Undertakings
3.2. You shall use our Application, the Services, the Software and the Console in complete accordance with the terms and conditions of this Agreement, as amended from time to time.
3.3. The Company shall not be responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Software and/or Console and the Services. The Company shall not be responsible for any access and service fees necessary to connect to the Application and assume all charges incurred in accessing such systems.
3.4. You will not transmit to or in any way, whether directly or indirectly, expose the Company or any of the Company’s online service providers to any computer virus or other similarly harmful or inappropriate material or device.
3.5. You shall not use any electronic communication feature of a service on the Application for any purpose that is unlawful, tortuous, abusive and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
4. Technical Support
4.1. Coronet provides web-based and/or email-based technical support, in accordance with your product plan. Web based support is provided by submitting a request at Coronet’s support site https://support.coro.net. Email-based support is provided by contacting Coronet support team at email@example.com. The support is provided during office hours or 24/7, as specified in your product plan.
4.2. If you encounter any problem with the Software and/or Console, please contact Coronet as soon as the problem emerges, using web-based and/or email-based support as above, and provide all relevant information.
5. Push updates
5.1. You hereby acknowledge and agree that Coronet may, from time to time, update the Software and/or the Console, at its sole discretion without notice. Such Software or Console update includes any update, new release, patches, bug fixes, modifications, revisions, and other improvements to the Software or Console.
6. No Warranty
6.1. THE APPLICATION, THE SERVICES, THE SOFTWARE AND THE CONSOLE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICES OR THE SOFTWARE OR THE CONSOLE, OR NON-INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE OR CONSOLE LIES WITH YOU.
6.2. THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICES OR CONSOLE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE CONSOLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES.
6.3. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO THE SERVICES OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR DEVICE, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU AND THE COMPANY RESERVES THE RIGHT TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS (IF ANY) SAVE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
6.4. THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE APPLICATION.
7. Limitations of Liability
7.1. You agree that you are free to choose whether to use the Services and do so at your sole option, discretion and risk.
7.2. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE AND/OR THE SERVICES AND/OR CONSOLE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.3. You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Software or the Services.
8.1. In consideration of the Services, you shall pay us all fees set out in the sales order form or as displayed on the Company’s website, in accordance with the payment terms set forth therein. Such shall apply with respect to the Initial Term. Unless otherwise agreed upon by the Company, Coronet’s then-current standard fees will apply to any Renewal Term. Overdue amounts shall bear interest at a monthly rate of 1.5%, compounded daily.
8.2. Each invoice issued to you will be due and payable in full to Coronet within fourteen (14) days of the invoice date. You acknowledge and agree that no refunds or credits will be made or given, including in the event that you do not use the Services during any particular billing period (or part thereof).
8.3. All payments made under this Agreement are non-refundable.
8.4. The fees exclude, and you shall be responsible for and pay, all sales, use, value added and similar taxes as required by applicable law, unless otherwise indicated by the Company. You shall make payment of all amounts due to Coronet without withholding or deduction of any taxes or other government charges, except as required by law.
9. Duration and Termination
9.1. This Agreement shall come into force immediately upon your completion of the registration process with the Company or upon using the Services, Application and/or Console, whichever is earlier, and shall continue in force for a period of 12 months (or such other initial term agreed in writing in the sales order) (the “Initial Term“). Thereafter, the Initial Term shall automatically renew for subsequent 12 months periods (each a “Renewal Term“), unless terminated in accordance with the terms below.
9.2. You may terminate this Agreement at the end of the Initial Term or the then current Renewal Term by providing us with a written notice of your intent not to renew, at least 60 days prior to the end of the Initial Term or the then current Renewal Term.
9.3. The Company reserves the right to suspend the operation of the Application and/or Console or any part thereof upon its sole discretion without giving notice of suspension to you.
9.4. The Company may stop providing the Services, Application and/or Console, and may terminate use of it at any time upon its sole discretion without giving notice of termination to you. Upon any termination, (a) the rights granted to you in this Agreement will end; (b) you shall stop using the Services, Application and/or Console, and (if needed) delete it from your Device.
10. Governing Law
10.1. This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the applicable laws of the State of New York.
10.2. Any dispute between the parties which is related to this Agreement or the Application shall be brought exclusively to the courts of New York County, New York.
11.1. If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
11.2. No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
11.3. Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
11.4. Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and the Company.
11.5. This Agreement contains the entire agreement between the Company and you relating to your use of the Software and the Services and supersedes any and all prior agreement between the Company and you in relation to the same.
11.6. The Company reserves the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.
11.7. You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.
If you have any questions, complaints or comments about us or the Application, please contact us via email firstname.lastname@example.org
Last revision date: January 2020