Terms of Service

End User License Agreement (EULA)
Software License
Welcome to Ginipic Ltd. (including any of its affiliated companies, herein "Ginipic"). By installing or using the Ginipic Software including but not limited to Ginipic Plug-ins, you agree to these software license terms and conditions (the "Software License") that supplement the Ginipic Terms of Service ("TOS") located at here. Certain information about you is subject to our Privacy Statement. For more information, see our full Privacy Statement at http://www.ginipic.com/privacy. Ginipic reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. You can find the most recent version of this Software License at http://www.ginipic.com/terms. Ginipic may change this Software License by posting a new version without notice to you. Use of the Ginipic Software after such change constitutes acceptance of such changes.  This Agreement, and any new versions, between Ginipic and you, covers all your use of Ginipic Software. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by Ginipic. If you disagree with any of the terms below, Ginipic does not grant you a license to use the Ginipic Software.
1. Licensed Uses and Restrictions
By accepting the terms of this Agreement, you represent to Ginipic Ltd. and its affiliates (collectively, "Ginipic") that you are at least 18 years old, or such higher age set by laws in the jurisdiction from which you make use of the Ginipic Software. If the law of your country prohibits you from downloading or using Ginipic Software because you are under the age limit or because the Ginipic services are not allowed in your country, please don't use it.
The Ginipic Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Ginipic Software") are owned by Ginipic, or Ginipic's licensors and content and data providers ("Ginipic Licensors"), and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the Ginipic Software, all updates, revisions, substitutions, and any copies of the Ginipic Software made by or for you. All rights not expressly granted to you are reserved by Ginipic or their respective owners.
Your license to the Ginipic Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all of the Ginipic Software and by uninstalling and destroying all your copies of the applicable Ginipic Software. This Software License terminates automatically if you violate any term of this Software License, Ginipic publicly posts a written notice of termination on Ginipic's web site, or Ginipic sends notice of termination to you.
a. YOU MAY
(i) Install and personally use the Ginipic Software and any updates provided by Ginipic (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Ginipic Software for your own noncommercial use or benefit.
(ii) Make copies of the Ginipic Software in object code form and distribute such copies to others within your employer's organization or website, which can be commercial and non-commercial, provided that any such recipient has had an opportunity to review and agree to be bound by this Software License. If others within your organization or recipients of Ginipic Software do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to this Software License.
b. YOU MAY NOT:
(i) Decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) based upon the Ginipic Software or any portion thereof;
(ii) Incorporate the Ginipic Software or any portion thereof into any computer chip or the firmware of a computing device manufactured by or for you;
(iii) Use the Ginipic Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Software License;
(iv) Use the Ginipic Software in connection with the operation of nuclear facilities, air traffic control systems, life support, or other similar mission critical application where human life or property may be jeopardized by the failure of the Ginipic Software. You understand that the Ginipic Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Ginipic is not responsible;
(v) Use or export the Ginipic Software in violation of applicable U.S. laws or regulations;
(vi) Sell, lease, loan, or sublicense the Ginipic Software or provide access thereto or derive income from the use or provision of the Ginipic Software, whether for direct commercial or monetary gain or otherwise, without Ginipic's prior, express, written permission; or
(vii) Use Ginipic Software in any manner that could damage, disable, overburden, or impair Ginipic's services or any of Ginipic's business partners' services (e.g., you may not use the Ginipic Software in an automated manner), nor may you use Ginipic Software in any manner that could interfere with any other party's use and enjoyment of Ginipic's services or Ginipic's business partners' services.
2. Ownership and Relationship of Parties
The Ginipic Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in the Ginipic Software, this Software License or in the TOS. Ginipic and Ginipic's Licensors own all rights, title, and interest in and to their applicable contributions to the Ginipic Software. Other than the limited license granted herein, this Software License grants you no right, title, or interest in any intellectual property owned or licensed by Ginipic, including (but not limited to) the Ginipic Software and Ginipic trademarks, and creates no relationship between yourself and Ginipic's Licensors, or between you and Ginipic. Any and all intellectual property rights in the Ginipic Software, the Ginipic website, the online material and the Ginipic promotional materials are and shall remain the exclusive property of Ginipic. Any unauthorized use of Ginipic's intellectual property rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. The Ginipic Software and its components contain software licensed from Ginipic Licensors ("Licensor Software"). The Licensor Software enables the Ginipic Software to perform certain functions including, without limitation, access proprietary data on third-party data servers. You agree that you will use the Ginipic Software, and any data accessed through the Ginipic Software, for your own personal non-commercial use only. You agree not to assign, copy, transfer, or transmit the Ginipic Software, or any data obtained through the Ginipic Software, to any third party. Your license to use the Ginipic Software, its components, and any third-party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Ginipic Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Software License against you directly in their own name.
3. Support and Software Updates
Ginipic may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Ginipic Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Ginipic may change, suspend, or discontinue any aspect of the Ginipic Software at any time, including the availability of any Ginipic Software feature, database, or content. Ginipic may also impose limits on certain features and services or modify, discontinue or restrict your access to parts or all of the Ginipic Software or the Ginipic web site without notice or liability.
4. Disclaimer of Warranties by Ginipic
USE OF THE GINIPIC SOFTWARE AND ANY DATA ACCESSED THROUGH THE GINIPIC SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS." ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GINIPIC SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE. GINIPIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "GINIPIC ENTITIES") AND GINIPIC LICENSORS DO NOT REPRESENT THAT THE GINIPIC SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. THE GINIPIC ENTITIES AND GINIPIC LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE GINIPIC SOFTWARE, THE GINIPIC SOFTWARE SERVICES AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE GINIPIC SOFTWARE, THE GINIPIC SOFTWARE SERVICES AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF THE GINIPIC SOFTWARE, THE GINIPIC SOFTWARE SERVICES OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE GINIPIC ENTITIES OR THE GINIPIC LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE GINIPIC ENTITIES OR GINIPIC LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GINIPIC ENTITIES AND GINIPIC LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GINIPIC ENTITIES OR GINIPIC LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
i.THE USE OR THE INABILITY TO USE THE GINIPIC SOFTWARE OR THE GINIPIC SOFTWARE SERVICES;
ii.THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GINIPIC SOFTWARE OR THE GINIPIC SOFTWARE SERVICES;
iii.UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
iv.STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GINIPIC SOFTWARE SERVICES; OR ANY OTHER MATTER RELATING TO THE GINIPIC SOFTWARE OR GINIPIC SOFTWARE SERVICES. DAMAGES EXCLUDED BY THIS SECTION 6 INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU. INFORMATION PROVIDED THROUGH THE GINIPIC SOFTWARE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE GINIPIC ENTITIES AND GINIPIC LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. GINIPIC MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE GINIPIC SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE GINIPIC SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT OR HOURS OF AVAILABILITY. Without limiting the generality of the foregoing, in no event shall Ginipic's aggregate liability to you relating to, arising out of or in connection with the Ginipic Software or the Ginipic Software Services exceed the sum of one hundred United States dollars (US$100). By using the Ginipic Service and Ginipic Software Services, you expressly agree that the limitations on Ginipic's liability contained in this Software License are reasonable and constitute a material inducement to Ginipic providing the Ginipic Software and the Ginipic Software Services, without which Ginipic would not provide the Ginipic Software or the Ginipic Software Services.
6. Indemnification
You agree to indemnify and hold the Ginipic Entities and Ginipic Licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use or misuse of the Ginipic Software or Ginipic Software Services, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.
7. Government End Users
If the Ginipic Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Ginipic Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this Software License apply.
8. Governing Law
This Software License and the relationship between you and Ginipic is governed by the laws of the State of Israel without regard to its conflict of law provisions. You and Ginipic agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Israel. The United Nations Convention on the International Sale of Goods does not apply to this Software License.
9. No General Waiver; Severability
The failure of Ginipic to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.
10. Complete Agreement
This Software License, the TOS and the documents incorporated herein and therein by reference constitute the entire understanding between the parties respecting use of the Ginipic Software, superseding all prior agreements between you and Ginipic. In the event of any conflict between the terms and conditions of this Software License and those in the TOS, the terms and conditions of this Software License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions.
11. Surviving Provisions
Sections 2, and 4 through 12, will survive any termination of this Software License.
Updated: January 2009