LIGHTKEY END USER LICENSE AGREEMENT

THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND LIGHTKEY SOURCES LTD. (“LIGHTKEY” OR “LICENSOR”) AND GOVERNS YOUR USE OF THE LIGHTKEY SOFTWARE (THE “SOFTWARE”) AND OR OUR WEBSITE LOCATED AT LIGHTKEY.IO (THE “SITE” AND TOGETHER WITH THE SOFTWARE, THE “SERVICES”). YOU ACKNOWLEDGE AND AGREE THAT CHANGES MAY BE MADE TO THIS EULA FROM TIME TO TIME, INCLUDING WITH RESPECT TO DATA AND PRIVACY. YOUR CONTINUED USE OF THE SOFTWARE AND/OR SERVICES WILL BE DEEMED ACCEPTANCE TO ANY SUCH AMENDED OR UPDATED TERMS.

1. Grant of License. Lightkey provides Software which can be loaded onto Microsoft Word, Microsoft Outlook, Microsoft PowerPoint, Google Chrome, and any other application (using ‘Lightkey Anywhere’ technology), along with its own independent editor “LightkeyPad” to provide text prediction and grammar correction tools. Subject to the terms and conditions of this EULA, the Licensor grants you a non-exclusive, non-transferable license to install a single copy of the Software on your computer and use the Services and the Software solely for your word processing needs. While we make efforts to ensure that you will receive text prediction and grammar correction tools that fit your needs and tastes, we cannot and do not represent or warrant that the text prediction and grammar correction tools that we will provide you will accurately reflect your tastes or needs and/or will not include any wording or suggestions which may be offensive or inappropriate.
2. Restrictions. Except as expressly permitted hereunder you may not, nor may you assist other parties to (a) copy, modify, or create derivative works of the Software and/or the Services or part thereof, (b) distribute, sell or transfer the Software and/or the Services or part thereof or sublicense your right to use the Software and/or Services hereunder, (c) reverse-engineer, disassemble, or attempt to derive the source code of the Software or part thereof, (d) attempt to disable or circumvent any security or access control mechanism of the Software and/or Services, or (e) remove any trademarks or notices (including copyright notices) from the Software and/or Services. You may not use the Software and/or Services in violation of any applicable law or regulation. We strictly enforce our rights in the Software and Services to the fullest extent of the law; some versions of our Software and/or Services may include an option to remotely cut off the Software and/or Services if we suspect that the terms of this EULA are violated.
3. Ownership. You have no ownership rights in the Software and/or Services. Rather, you have a license to use the Software and Services only so long as this EULA remains in effect. Ownership of the Software and Services and all intellectual property rights therein shall remain at all times with Licensor. No rights are granted hereunder by estoppel or by implication. All rights not granted to you herein are reserved to Licensor or its licensors. Any references to the sale or transfer of the Software and/or Services herein or in any other communication between Licensor and you shall mean only the license of the Software and/or Services pursuant to the terms and conditions of this EULA. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services and/or Software. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this EULA grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. You have no obligation to provide us with any feedback concerning the Services. Nevertheless, if you provide us with any feedback concerning the Software and/or Services, you also provide us with a non-exclusive, perpetual license to make all uses of such feedback without obligation to you. Information provided in the feedback will not be considered Personal Data by us.
4. Payment. Use of the Software and/or Services may be subject to payment. The Software and/or Services may be available for trial periods, at the end of which you may be required to make subscription payments in accordance with the terms we provide to you. We may provide subscriptions for different periods and/or at different terms. Lightkey may revise prices at any time without notice. Lightkey currently accepts payments made through PayPal, but may add or change payment methods in its sole discretion. You must respect the terms and conditions of any payment methods you use. We reserve the right to cancel any Software and/or Services ordered if full payment is not timely received. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made and refund all amounts in respect thereof. You are solely responsible for any taxes on amounts you may pay or obtain through the Software and/or Services. Lightkey will deduct applicable charges and taxes from any payable amounts, as required by law. Cancellation by you of licenses ordered may be subject to cancellation fees. Please see our Site for more details, including with respect to refunds.
5. Data and Privacy. Acceptance of this EULA also constitutes acceptance of our Privacy Policy which is available at https://lightkey.blob.core.windows.net/documents/Lightkey.PrivacyPolicy.rtf (the “Privacy Policy”). If you do not accept the Privacy Policy, do not accept this EULA and do not use the Software and/or Services.
6. Warranty Disclaimer. THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS”. LICENSOR (AND ITS LICENSORS) EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE SOFTWARE AND/OR SERVICES. LICENSOR (AND ITS LICENSORS) DISCLAIMS ANY STATUTORY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO WARRANTY IS MADE THAT THE SOFTWARE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND/OR SERVICES WILL BE CONTINUOUS OR ERROR-FREE, THAT THE SOFTWARE AND/OR SERVICES WILL OPERATE AS INTENDED OR AT ALL UNDER ALL CONDITIONS, OR THAT ANY DEFECTS IN THE SERVICES AND/OR SOFTWARE WILL BE CORRECTED.
7. Limitation of Liability. IN NO EVENT SHALL LICENSOR (OR ITS LICENSORS) BE LIABLE TO YOU OR ANY OTHER ENTITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES) AS A RESULT OF THE SOFTWARE AND/OR SERVICES OR THE USE THEREOF, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE LIABILITY OF LICENSOR (OR ITS LICENSORS) FOR THE SOFTWARE AND SERVICES SHALL NOT EXCEED AMOUNTS ACTUALLY PAID BY YOU TO LICENSOR SPECIFICALLY FOR THE USE OF THE SOFTWARE AND SERVICES. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO LICENSOR SPECIFICALLY FOR THE USE OF THE SOFTWARE AND SERVICES, LICENSOR (OR ITS LICENSORS) SHALL NOT HAVE ANY LIABILITY TO YOU. LICENSOR MAY MAKE AVAILABLE UPDATES OF THE SOFTWARE OR SERVICES FROM TIME TO TIME. LICENSOR SHALL HAVE NO LIABILITY HEREUNDER FOR VERSIONS OF THE SOFTWARE AND/OR SERVICES FOR WHICH ALL AVAILABLE UPDATES HAVE NOT BEEN INSTALLED.
8. Advertisements and Third-Party Links. Any advertising or promotional material presented by the Software and/or Services does not constitute a recommendation or encouragement to procure the advertised goods or services. The Software and/or Services may contain links to third party services. Licensor shall have no responsibility for goods or services provided by third parties. You should review the privacy policy of third parties before providing such parties with any information.
9. Indemnification. You shall defend, indemnify and hold Licensor (and its affiliates, employees, officers, directors and agents) harmless from and against any and all losses, liabilities, costs and expenses arising out of or connected with any third-party allegations (even though such allegations may be false, fraudulent or groundless) that you breached any provision of this EULA, or any representation or warranty made by you herein. Notwithstanding such obligations, Licensor may control any defense of such claims. If Licensor allows you to defend such claims, your choice of counsel must be reasonably satisfactory to Licensor. You shall not settle or compromise claims that impose any obligation on Licensor or admits any fault on the part of Licensor without its prior written consent. Licensor may participate in the defense of all claims with counsel of its own choice at its own expense.
10. Support. Licensor may provide support and updated provisions in its discretion. Licensor may cease providing support and/or maintenance at any time in its sole discretion. Only Licensor (and no other party) shall be responsible for the provision of any support or maintenance for the Software and/or Services.
11. Termination. This EULA shall terminate if you violate its terms. Upon termination, you must immediately cease use of the Services and Software. Sections 2 – 13 of this EULA shall survive the termination of this EULA for any reason.
12. Contact Information. You may use the following link to contact Licensor: https://www.lightkey.io/contact
13. General. This EULA shall be construed, interpreted and governed by the laws of the State of Israel without regard to conflicts of law provisions thereof. Any action, suit or other proceeding arising under or relating to this EULA shall be brought in a court of competent jurisdiction in the district of Tel-Aviv/Jaffa, Israel, and the parties hereby consent to the sole jurisdiction of such courts. The rights and obligations of the parties to this EULA shall not be governed by the United Nations Convention on the International Sale of Goods. Any waivers of any condition of this EULA must be in writing, and the waiver of any requirement in certain situations or circumstances shall not be interpreted as the waiver of such requirement in other situations or circumstances. This EULA constitutes the entire agreement between the parties hereto. Any amendment or modification of this EULA shall only be effective if it is in writing and signed by both parties hereto. If any part of this EULA is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted as necessary to give maximum effect to its provisions and the remainder of this EULA shall remain in effect. Licensor may assign or transfer any of its rights or obligations hereunder without your consent. You may not assign any of your obligations or rights hereunder. Licensor communicates with its users electronically and on-line and, as such, you consent to receive all communications and notices electronically from Licensor (including through the Software and/or Services) or to an email address that you have provided to Licensor. All such communications or notifications shall be considered as having been provided in writing. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Licensor reserves the right to update or modify the Software and/or Services at any time, from time to time in its sole discretion, including without limitation to increase or change functionality of the Software and/or Services. Licensor may cease providing or maintaining the Software and/or Services at any time.