This End User License Agreement (the “EULA”) set forth the terms and conditions under which M. C. Commerce Ltd., AKA Sigmento (“Sigmento” or the “Company”) makes available its Software (as defined below) and the services available through use of the Software or otherwise provided by Sigmento. We reserve the right to update and change this EULA from time to time, without notice or acceptance by you, so please check this page frequently for updates and changes.
In each installation or download of the Software you may be required to approve this EULA again.
1. License to Software
- Sigmento offers innovative catalog management services for optimization of products’ digital purchase pages (“Products’ Pages”), via our proprietary software which automatically generates products’ categorization, classification, suggested titles and descriptions, for use by sellers in online marketplaces (the “Software”).
- Subject to your acceptance of this EULA, and in accordance with its terms and conditions, Sigmento grants you one (1) limited non-exclusive, non-assignable, non-transferable, revocable license to install, access and use the then-current version of the Software, in accordance with the terms of the subscription, solely for your own use, in connection with your business purposes.
- You may not use the Software in whole or in part for any purpose except as expressly provided under this EULA. Any unauthorized use of the Software without the Sigmento's prior written consent, is expressly prohibited.
As between you and the Company, the Company retains sole and exclusive ownership of all rights, interests and title in the Software, its code and any underlying intellectual property rights and know-how associated therewith or with any part thereto, including without limitation any and all trademarks, trade names, copyrights, patents and other intellectual property rights used or embodied in or used in connection therewith. You hereby acknowledge that the Software may include third party software components, which shall be used by you solely in conjunction with the Software.
3. Intellectual Property and Customer Intent
Without limiting any of the other obligations under this EULA or applicable law, you hereby undertake that you shall not, and shall not permit others to:
- transfer, sell, assign, sublicense or make any disposition of the Software or any portions thereof, including any related documentation, to any other party;
- modify, reproduce, perform, display, create derivative works from, republish, post, transmit or distribute any portion of the Software;
- decompile, disassemble or reverse-engineer the Software in any form or by any means;
- interfere with or disrupt the integrity or performance of the Software;
- attempt to gain unauthorized access to the Software’s code;
- copy the Software or any feature, function or user interface thereof, dashboard or any deliverables produced by the Company;
- or delete, remove, obscure or in any manner alter the copyright, trademark, and other Company’s or any other third parties’ intellectual and proprietary rights notices appearing on or in the Software or on ant documentation or deliverables.
4. Third Party's Materials
You hereby expressly acknowledge that use of the Software may involve the collection, use and distribution of information, text, data, images, photographs, graphics, video, technical specifications or other materials and files, collected and used in connection with your use of the Software, which did not originate from the Company (“Third Party’s Materials”), and which are not owned by or licensed to the Company. You hereby assume full and sole liability for the collection, use and distribution of such Third Party’s Materials and undertake to indemnify and hold the Company harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or in connection with any third party’s claim due to your use of Third Party’s Materials, any breach by you of this EULA or your failure to comply with applicable law.
5. Limited Warranty
- To the extent permitted by applicable law, the software is provided “as is” on an “as-available” basis and with all faults, and the company makes no representations or warranties whatsoever, whether expressed or implied, for the service or software merchantability, title or fitness to a particular purpose, all of which are expressly disclaimed, and regardless of any knowledge of particular needs.
- The company does not warrant that the operation of the software or services will be error-free or uninterrupted, or that any desired targeted results will be obtained following a product’s page optimization generated by use of the software. To the full extent permitted by law, duration of statutorily required warranties, if any, shall be limited to the limited warranty period.
6. Limitation of Liability
- The company shall not be liable for any loss of use, failure of security, lost data, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance, and any user or customer shall have no claim, right or demand with respect thereto.
- Notwithstanding any other provision of this agreement, except with respect to fraud, malicious acts or gross negligence by the company, the company’s entire liability shall not exceed the lesser of the amount actually paid to company during a three (3) months period prior to the claim raising the liability.
- If any provision of this EULA is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this EULA shall remain in full force and effect.
- This EULA does not derogate from any other agreement with the Company that may be applicable to you, such as the Company’s General Terms & Conditions with respect to professional services ordered and any order form.
- Sigmento may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
- Choice of Law. This EULA, the Company’s General Terms & Conditions, applicable order form and any dispute arising in connection therewith, shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.
- User may give notices to Sigmento by email to firstname.lastname@example.org.
This agreement goes along, and does not cancel any other agreement you have with Sigmento.
If an issue arises, it will be dealt with by the appropriate courts of Tel Aviv, Israel.