Kanto0

END USER LICENSE AGREEMENT

Kantoo [TM] is a product designed for practicing English over mobile devices (referred to in this Agreement as “Mobile”). Kantoo is comprised of (a) software and technology, including any Updates (as defined below) or new releases thereto (the “Application”), and (b) digital content including English learning units (the “Units”). Kantoo may only be installed on certain designated cellular phones (the “Qualified Devices”) published on the web site of [Insert Operator's name](the “Operator”).

BEFORE USING KANTOO YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY: BY USING KANTOO, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT (“EULA” OR “AGREEMENT”).

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE KANTOO IN ANY MANNER WHATSOEVER, AND PROMPTLY DELETE IT FROM YOUR MOBILE.

• License Grant. Subject to the terms and conditions of this Agreement, you are hereby granted with a nonexclusive, non-transferable, revocable, personal license to install and use one copy of the Application in machine-readable, object code form only on a single Mobile, which is a Qualified Device and the Units, which you paid for, solely in the manner described herein. Kantoo may not be used by more than one user.
• License Term.
  1. The license period for any Unit is for the period of time for which you paid, as indicated by the Operator. Upon expiration of the license for a Unit, you shall cease using such Unit.
  2. The license period for the Application is with no charge perpetual, unless terminated in accordance with this EULA.
  3. Your rights under license to Kantoo (including the license to the Application and the Units) will terminate automatically without notice if you fail to comply with any term(s) of this EULA. Upon termination of the license for Kantoo, you shall immediately cease all use of Kantoo.
• Limitation of Warranty. There is no warranty that your use of Kantoo will be uninterrupted, that the operation of Kantoo will be error-free or secure or that the Application will be compatible with your Mobile or other software installed on your Mobile.

  KANTOO IS LICENSED “AS IS”, AND there are no WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS; NO OPERATOR DEALER, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

• Limitations. You may not: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Application; (ii) rent or lease, lend, redistribute, publicly display, disclose or sublicense Kantoo; (iii) access or allow Kantoo to be accessed in any manner constitutes illegal file sharing or that contravenes any applicable law or ordinance limiting the downloading or sharing of software files; or (iv) use Kantoo in any manner that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary rights of any third party. 
• Intellectual Property. All rights, title and interest in and to the Kantoo (including without limitation, the Application and the Units, any images, audio and text incorporated into the Units) and/or any modifications, corrections, revisions, enhancements or upgrades thereto, including all connected/related/associated intellectual property rights (including without limitation, copyrights, trade secrets and trademarks), in and to Kantoo, are and shall remain the property of its creators, La Mark Vision Ltd. (“LM”). You agree that Kantoo are the confidential information and proprietary property of LM, that they are distributed only subject to restricted disclosure and that LM does not, and will not, convey to you an interest in or to Kantoo, or any part thereof, but only a limited right of use strictly in accordance with the terms of this EULA, and that nothing herein shall be construed as a waiver by LM of its foregoing intellectual property rights under any law. To the extent that you have breached or have indicated your intention to breach this EULA in any manner that violates or may violate LM's intellectual property rights, or may cause continuing or irreparable harm to LM (including, but not limited to, any breach that may impact LM's intellectual property rights, or a breach by reverse engineering), LM may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
• Termination.The following Sections will survive termination for any reason: 3 (Limitation on Warranty), 4 (Limitations), 5 (Intellectual Property), 7 (Limitation of Liability), 8 (Disclaimer) 9 (Privacy Policy), 11 (User Representations and Warranties), 12 (Indemnification) and 14 (Miscellaneous).
• Limitation of Liability.The cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this EULA shall not exceed the license fee paid to the Operator for the use of Kantoo.

  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE OPERATOR OR LM OR ITS SUPPLIERS OR RESELLERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, MOBILE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, DAMAGES FOR PERSONAL INJURY OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE OPERATOR or LM BE LIABLE FOR ANY DAMAGES WHATSOEVER, EVEN IF THE OPERATOR or LM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

• Disclaimer. Every effort has been made to develop an efficient product for learning English over a mobile device and to accurately represent Kantoo and its English learning potential. However, there is no guarantee that you will learn English by using the Kantoo. English learning is dependent on the time you devote to using Kantoo and practicing the classes, to the accuracy of following the instructions and to various personal skills. Since these factors differ according to individuals, we cannot guarantee your success or improvement level and pace.
• Privacy Policy. By using Kantoo, you grant us permission to collect and use certain information to the fullest extent permitted by applicable law.  By clicking the “Accept” button below and/or by using Kantoo, you acknowledge that you agree to such collection and use.
• Uninstallation. You understand and agree that the presence of the Application on your Mobile is voluntary and that you may remove the Application at any time. Such Uninstallation will terminate your ability to use Kantoo.
• User Representations and Warranties. You acknowledge, represent and warrant that (a) you own the Mobile on which you are using Kantoo, or have the authority to use Kantoo on the Mobile; and (b) your use of Kantoo will not violate any  laws that apply to you or to the use of Kantoo.
• Indemnification. You agree to defend, indemnify, and hold harmless, LM, its respective licensors and suppliers, and each of their respective officers, directors and employees, from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of Kantoo or your breach of this Agreement.
• Updates. We, in our sole discretion, may provide you with bug fixes, upgrades, modified versions or updates to the Application (collectively referred to as “Updates”) as part of this Agreement. Nothing herein shall be construed or interpreted as requiring that the Operator to provide Updates.
• Miscellaneous
  • Amendment. We reserves the right to change the terms of this Agreement at any time. Changes to the Agreement will be announced. Failure to receive notification of a change does not make those changes invalid. A current copy of this Agreement will be available on our website.
  • Statute of Limitations. Any cause of action arising out of or related to this EULA must be brought by you no later than one (1) year after the cause of action has occurred.
  • Severability.If any provision, or part thereof, of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such reform shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
  • Complete Agreement. This EULA shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected or not. Nevertheless, if the copy of Kantoo or any Unit you received was accompanied by a printed or other form of “hard-copy” End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of Kantoo.
  • Governing Law and Jurisdiction. This EULA is governed only by the law of the state of Israel and the courts of the state of Israel residing in Israel shall have sole and exclusive jurisdiction over all matters arising and/or concerning and/or in connection with this EULA.