End-User License Agreement for
HTTO FBDownloader Software Application
IMPORTANT: Read the following terms carefully before installing, using and copying the FBDownloader Software Application. By installing, using and copying the FBDownloader Software Application, you agree to accept all of the following terms. http://www.FBDownloader.com
If you do not agree with the terms of this EULA,
you may not install or use the FBDownloader Software Application.
This End-User License Agreement ("EULA"), effective as of the date you accept the terms hereof, is a legal contract, entered into between HTTO Group, Inc. (“HTTO”), located in Tel Aviv, Israel and you, the end-user of this Software Application. You agree that you have no agreements between you and Facebook or other entity that would be a conflict with this EULA.
1.1. In accordance with the terms herein, HTTO grants to you, and you accept from HTTO, a non-exclusive, non-transferable and non-assignable, limited license to use the current version of the software application, FBDownloader.
1.3. FBDownloader is protected by domestic and international copyright laws and treaties. The Software Application is licensed, not sold. All rights not expressly granted are reserved by HTTO.
1.4. By installing the FBDownloader Software Application, you accept to install the Windows-based application of the application.
1.5. If the FBDownloader Software Application was obtained in the United States, you agree to comply with all applicable United States laws and regulations pertaining to export controls. If the FBDownloader Software Application was obtained outside the United States, you may not re-export the FBDownloader Software Application, except as permitted by the laws of the United States and the laws of the jurisdiction in which you purchased the FBDownloader Software Application.
“Software Application” means the HTTO software, FBDownloader, accompanying this EULA, which includes executable modules and electronic documentation and may include associated media, printed materials and information available at the product web site, protected by copyright laws. The Software Application also includes any updates, supplements and components, to the original Software Application, provided by HTTO.
3. GRANT OF LICENSE
3.1. HTTO grants you a limited, non-exclusive, non-transferable, non-renewable license to install, use, access, display, run, or otherwise interact with ("Use") the FBDownloader Software Application. The FBDownloader Software Application is provided to you for your own personal use only, and it may not be used for any commercial or educational purposes, at educational institutions or non-profit organizations.
3.2. The license permits use of the FBDownloader Software Application during an unlimited period, at no cost. The Software Application may be used as many times as you like, for as long as you like.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
4.1. You may not sell the FBDownloader Software Application, under any circumstances. The FBDownloader Software Application may be given to an unlimited number of individuals.
4.2. You may not make modifications to the FBDownloader Software Application, or decompile, disassemble, reverse engineer or modify the software or any portion of it. You may not combine other commercial applications with, or otherwise prepare derivative works of the FBDownloader Software Application.
4.3. The FBDownloader Software Application is licensed as a single product. Its component parts may not be separated in any way, without approval, in writing, from HTTO.
4.4. This EULA does not grant you any rights in connection with any trademarks or service marks of HTTO or sub-vendors, affiliates or distributors of this Software Application.
4.5. You may uninstall the FBDownloader Software Application at any time. You should also delete it from your Facebook Applications.
5. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
5.1. The title and all copyrights in, and to, the FBDownloader Software Application (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into it), the accompanying printed materials and all copies of the FBDownloader Software Application, are owned, at all times, by HTTO. All title and intellectual property rights in, and to, the content that may be accessed through use of the FBDownloader Software Application, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. Software Application documentation is provided in electronic form. You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the FBDownloader Software Application.
5.2. In the event of any third-party claim that the FBDownloader Software Application or your possession and use of it infringes that third-party’s intellectual property rights, you will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6. LIMITED WARRANTY
6.1. UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY HTTO, HTTO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN AS SET FORTH IN THIS EULA OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE APPLICATION.
6.2. THE FBDOWNLOADER SOFTWARE APPLICATION, PROVIDED FROM OR THROUGH HTTO, IS PROVIDED "AS-IS."
6.3. HTTO makes no warranty that the FBDownloader Software Application will meet your requirements or operate under your specific conditions of use. HTTO makes no warranty that operation of the FBDownloader Software Application will be secure, error free, or free from interruption. HTTO warrants that the FBDownloader Software Application will conform, as to all substantial operational features, to HTTO's current published specifications, when installed, and will be free of defects that substantially affect system performance.
6.4. YOU MUST DETERMINE WHETHER THE SOFTWARE APPLICATION SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY, AND ALL LIABILITY, FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE APPLICATION TO MEET YOUR REQUIREMENTS OR IF YOU USE THE SOFTWARE APPLICATION TO INFRINGE ON THE RIGHTS OF ANOTHER. HTTO WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY ELECTRONIC OR INFORMATION STORAGE DEVICE.
7. DISCLAIMER OF DAMAGES
7.1. Under no circumstances shall HTTO, its directors, officers, employees or agents, be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) resulting from this EULA or from the furnishing, performance, installation, use, or inability to use, the FBDownloader Software Application, whether due to a breach of contract, breach of warranty or the negligence of HTTO or any other party, even if HTTO is advised beforehand of the possibility of such damages. To the extent that an applicable jurisdiction limits HTTO’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
7.2. In the event of any failure of the FBDownloader Software Application to conform to the limited warranty provided in paragraph 6, above, notify HTTO or the affiliate or distributor you obtained it from. HTTO, affiliate or distributor will have no warranty obligation whatsoever with respect to the FBDownloader Software Application, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to the limited warranty will be your sole responsibility.
8. TERM AND TERMINATION
8.1. This EULA comes into effect when you install the FBDownloader Software Application on your compatible electronic device and is effective for the entire period of use of the FBDownloader Software Application.
8.2 Any use in violation of this EULA shall constitute not only a breach of this EULA, but also a violation of domestic and international copyright laws. Any use of the FBDownloader Software Application that infringes upon HTTO’s intellectual property rights or that is used for commercial purposes will be investigated and HTTO shall have the right to take appropriate civil and criminal legal action.
8.3. Without prejudice to any other rights, HTTO may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must uninstall and destroy all copies of the FBDownloader Software Application and all of its component parts.
9. GOVERNING LAW
This EULA shall be treated as though it was executed and performed in Israel, and shall be governed by, and construed in accordance with, the laws of Israel, without regard to conflict of law principles. Any cause of action brought by you, with respect to the FBDownloader Software Application, must be instituted within thirty (30) days after any download of the Software Application from the HTTO, affiliate or distributor web site, or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 7 & 8.
10.1. All legal proceedings arising out of, or in connection with this EULA, shall be brought solely in Israel and User expressly submits to the jurisdiction of said courts, and User consents to extra-territorial service of process.
10.2. Should any part of this EULA be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the FBDownloader Software Application or HTTO, is in conflict or inconsistent with this EULA, this EULA shall take precedence.
10.3. Failure of HTTO to enforce any provision of this EULA shall not be deemed a waiver of such provision nor of the right to enforce such provision.
11. LIMITATIONS ON REVERSE ENGINEERING AND MODIFICATION
You may not reverse engineer, decompile, disassemble, modify or create works derivative of the FBDownloader Software Application except as expressly permitted by this EULA. You may not alter or modify any disabling mechanism that may be resident in the FBDownloader Software Application.
12. FORCE MAJEURE
HTTO, its affiliates and distributors, shall not be responsible for any delays, errors, failures to perform, interruptions or disruptions in the FBDownloader Software Application, caused by any acts of God, strikes, lockouts, riots, acts of war, changes in law or regulations, fire, flood, earthquake, storm, power failure or failures of the Internet.
13.1. This EULA constitutes the entire understanding and agreement between HTTO and you, with respect to the transactions contemplated in this EULA, and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this EULA, all of which are merged herein.
13.2. This EULA shall not be modified, amended or in any way altered, except by a written instrument, signed by both parties.
13.3. IT IS EXPRESSLY UNDERSTOOD AND AGREED, THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES, SET FORTH HEREIN, SHALL REMAIN IN EFFECT.
13.4. HTTO guarantees that the FBDownloader Software Application is:
(ii) spyware-free, and
By clicking on the appropriate box, downloading and installing the FBDownloader Software Application, you indicate that you have the authority to bind yourself and any entity you represent, to the terms of this EULA.
THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON JUNE 3, 2012.