Terms of Use / End User License Agreement

Effective on January 1st, 2013

These terms of use apply to speedanalysis website, product and associated plugin.

NOTE: THE PRODUCT AND PLUGIN, LICENSED BY speedanalysis ("Licensor", "we" or "us"), MAY BE BUNDLED WITH AN IN-HOUSE OR 3RD PARTY PRODUCTS. THE PRODUCT MAY COLLECT OR STORE INFORMATION ABOUT THE WEB PAGES YOU VISIT AND YOUR ACTIVITY ON THOSE PAGES, SUCH AS IMPRESSIONS AND CLICKS. IN SOME CASES, INFORMATION COLLECTED BY THE PRODUCT MAY BE PERSONALLY IDENTIFIABLE, AND INFORMATION (INCLUDING INFORMATION FROM OR ABOUT PAGES OF SOCIAL MEDIA WEBSITES YOU VISIT) MAY BE USED OR SHARED WITH THIRD PARTIES FOR PURPOSES OF DISPLAYING TARGETED ADVERTISEMENTS TO YOU BUT WE DO NOT ANALYZE WEB USAGE DATA TO DETERMINE THE INDIVIDUAL IDENTITY OF PLUGIN USERS. For more details about how we collect, store, share and use information collected using the plugin, refer to our privacy policy (the "Privacy Policy").

PLEASE READ THIS LICENSE AND TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING AND USING OUR PRODUCT. WHEN YOU USE OUR WEBSITE, PRODUCT OR PLUGIN, YOU ARE BOUND BY THIS LICENSE TERMS OF USE AND THE PRIVACY POLICY.

Acceptance of terms

THIS LICENSE AND TERMS OF USE AND THE LICENSOR PRIVACY POLICY (TOGETHER, THIS "AGREEMENT") GOVERN YOUR USE OF OUR WEBSITE, PRODUCT AND PLUGIN. You may not use the product if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from receiving or using the Plugin under the laws of the United States or other countries, including the country in which you are resident or from which you use the product.

Any person who wishes to use our website and product must agree to this Agreement, as well as all policies and guidelines incorporated by reference in this Agreement. This Agreement is a legally binding agreement between you and Licensor.

BY DOWNLOADING, INSTALLING OR USING OUR PRODUCT OR PLUGIN, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE OR DOWNLOAD THE PRODUCT.

Software License

The proprietary software associated with the Product and Plugin, including any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Licensor grants to you a limited, personal, nonexclusive, revocable, nonassignable, nontransferable license to download, install, and use the Plugin to and on a single computer and to use the Plugin solely as permitted under this Agreement. All rights not expressly granted to you by the foregoing sentence are reserved by Licensor. Without limiting the generality of the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble, or make any derivative works based on the Product. Any unauthorized use terminates the permission or license granted by Licensor in this paragraph.

You agree not to access (or attempt to access) the Plugin or any Internet service it interacts with by any means other than through the interface that is provided by Licensor, unless you have been specifically allowed to do so in a separate agreement with Licensor. You specifically agree not to access (or attempt to access) the Plugin any Internet service it interacts with through any automated means (including use of scripts, spiders or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on or in connection with the Product. You agree that you will not engage in any activity that interferes with or disrupts Licensor's provision of the Plugin (or the servers and networks which are used in providing the Plugin).

The Product may be used only for lawful purposes and in a lawful manner. By downloading, installing, or using the Product, you agree to comply with all applicable laws and regulations and respect all applicable third-party rights. Without limiting the foregoing, you may not use the Product to infringe or misappropriate any copyright, trademark or other proprietary right; in a manner that is likely to cause confusion about the affiliation, sponsorship, endorsement or origin of any person, content, product, services or Internet property; engage in fraudulent, misleading or deceptive behavior; make any misrepresentations; misappropriate, damage, disrupt, gain unauthorized access to, or interfere with the use of third-party computers, networks, systems or data; or violate any terms of use, acceptable use policies or community guidelines of third-party websites or other Internet properties. Licensor has the right, but not the obligation, to monitor any activity and content associated with the Product. Licensor may investigate any reported violation of its policies or this Agreement and take any action it deems appropriate, including terminating your access to the Plugin without notice. Licensor may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests; to protect Licensor's systems, users or third parties; to ensure the integrity and operation of Licensor's business and systems; or in response to subpoenas, court orders, or legal requirements, Licensor may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By downloading, installing, or using the Product, you expressly consent to the foregoing use and disclosure.

Termination

Licensor may at any time, with or without notice, terminate the Agreement or block or disable your access or use of the Product or Plugin if:

Software Updates

The Product and Plugin may automatically download and install updates from time to time from Licensor. These updates are designed to improve, enhance and further develop the Product and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Licensor to deliver these to you) as part of your use of the Product and Plugin.

Limitation of liability

YOU UNDERSTAND AND AGREE THAT THE WEBSITE, PRODUCT AND PLUGIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, LICENSOR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER LICENSOR NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE PRODUCT, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE PRODUCT WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE PRODUCT; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE PRODUCT IS NONINFRINGING. LICENSOR AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE LICENSOR AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF LICENSOR OR ANY OF ITS AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF THE PRODUCT (INCLUDING ANY BUNDLED THIRD-PARTY PRODUCT OR SOFTWARE AS DESCRIBED IN THE PARAGRAPH ABOVE ENTITLED "OTHER WEBSITES TO WHICH THE PRODUCT LINKS OR REFERS; BUNDLED PRODUCT AND OTHER THIRD-PARTY SOFTWARE") IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF SUCH SOFTWARE AND/OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT WILL LICENSOR, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, MEMBERS, ADVERTISERS, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, DATA OR USE OF SYSTEMS, ARISING OUT OF (i) USE OF THE PRODUCT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, DEFECTS, MALFUNCTIONS, ERRORS OR OMISSIONS IN, ANY INFORMATION, CONTENT OR SOFTWARE ACCESSED VIA THE PRODUCT OR BUNDLED WITH THE PRODUCT, OR (ii) ANY USE OR INABILITY TO USE THE PRODUCT FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.

If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Licensor's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Licensor's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.

You agree to defend, indemnify, and hold harmless Licensor and its affiliates, and each of their officers, directors, employees, agents, representatives, members, partners, advertisers, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Plugin by you, or by any other person using the Plugin through you or using your computer.

Applicable Law, Jurisdiction and venue, Class actions

By using the Website, Product or Plugin, you agree that this Agreement will be governed by and construed in accordance with the laws of the state of Israel, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to the Plugin or this Agreement shall be adjudicated in the courts of Tel Aviv, Israel. You consent to exclusive jurisdiction and venue in such courts and irrevocably waive all claims and arguments relating to lack of personal jurisdiction or inconvenient forum. Notwithstanding this, you agree that Licensor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

To the extent permitted by APPLICABLE law, YOU agree that YOU will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that YOU MAY HAVE AGAINST LICENSOR, its affiliates or ITS OR their respective employees, officers, directors, members, managers, PARTNERS, advertisers, representatives and assigns. YOU AGREE to the entry of injunctive relief to stop such a lawsuit or to remove YOU as a participant in the suit. YOU AGREE to pay the attorney's fees and court costs that LICENSOR incurs in seeking such relief. This provision preventing YOU from bringing, joining or participating in class action lawsuits is an independent agreement and does not constitute a waiver of any of YOUR rights and remedies to pursue a claim individually and not as a class action.

Changes to this agreement

Licensor may change any of the terms and conditions contained in this Agreement, including the Privacy Policy and other policies and guidelines governing the Plugin, at any time in its sole discretion. CHANGES TO THIS AGREEMENT WILL BE POSTED HERE WHEN THEY BECOME EFFECTIVE. YOU ARE RESPONSIBLE FOR REVIEWING THE NOTICE AND ANY APPLICABLE CHANGES. When we post changes to this LICENSE AND TERMS OF USE OR THE PRIVACY POLICY, we will revise the "last updated" date at the top of this LICENSE AND TERMS OF USE OR PRIVACY POLICY, AS APPLICABLE. Accordingly, you should periodically check the "last updated" date at the top of THIS LICENSE AND TERMS OF USE OR Privacy Policy, AS APPLICABLE, so that you can familiarize yourself with any changes.

YOU AGREE THAT YOUR CONTINUED USE OF THE WEBSITE, PRODUCT OR PLUGIN FOLLOWING THE POSTING OF ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, STOP USING THE PLUGIN AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND UNINSTALL THE PRODUCT.

We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features or nature of the website, product or plugin which Licensor provides may change from time to time without prior notice to you. We may also cease or discontinue providing the product or upgrades at any time.

For details about our data collection and data use practices, please see our Privacy Policy. As explained in the Privacy Policy, we may collect and store information from your web sessions which may be used to display targeted advertising. To uninstall the Product, please follow the instructions found on the uninstall page.

Contact information

You can contact us about these terms by emailing us at: support@speedanalysis.net