Last updated: June 19th, 2019
This end user license agreement (“EULA”) governs your download and use of the executable code for the FreeVPN software application including any update or upgrade thereto (“FreeVPN” or the “Application” or the “Software”), including any update or upgrade thereto (“Software”). This EULA forms a binding contract between you and Keen Internet Techologies Ltd (the “Company”).
PLEASE READ THE EULA CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS EXIT THIS PAGE OR APPLICATION AND DO NOT ACCESS OR USE THE SOFTWARE. USE OF THE SOFTWARE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE EULA.
1. Updates to EULA; Integration . We may, in our sole discretion, modify the terms of this EULA via email or by posting a notice in the application. The “Last Updated” date at the top the EULA indicates when the latest modifications were made to the EULA. By continuing to access and use the application you agree to any such modifications.
2. Grant of License
Subject to the terms and conditions of this License, Company grants you a limited, personal, non-exclusive, non-transferable, non-sub-licensable and revocable license to install during the term and solely for your own private use.
3. Intellectual Property.
3.1 You acknowledge and agree that the Software, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Company. The Software is licensed and not sold to you, and no title or ownership to such Software or the intellectual property rights embodied therein is granted to you. The Software is the exclusive property of the Company and all rights in and to the Software not expressly granted to you in this Agreement are reserved. Nothing in this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of the Company, except to the extent necessary for you to use the Software as expressly permitted under this EULA. You acknowledge and agree that any actual or threatened breach of this EULA will constitute immediate, irreparable harm to Company for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
3.2 This EULA will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Company, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available.
3.3 You may not (i) copy, reproduce, change, modify, or create a derivative work of FreeVPN; (ii) remove or in any way obscure any ownership or trademark notices on FreeVPN; (iii) sublicense, sell, rent, lease, transfer, assign, display, host, outsource, disclose, distribute or otherwise make commercial use of FreeVPN; (iv) circumvent any activation or license key, or other similar method used to protect FreeVPN against unlicensed use, copying or distribution; (v) post or otherwise make available FreeVPN or any portion thereof, including the activation key, on the Internet or other publicly available forum; or (vi) export or re-export FreeVPN or any underlying technology in violation of the export laws of the United States, the European Community or any other applicable laws or regulations.
3.4 You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Software. You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Software which is inconsistent with the terms set forth in this EULA.
5. Prohibited Uses.
5.1 You may not do any of the following while accessing or using FreeVPN.
(i) access, tamper with, or use non-public areas of the application, our computer systems, or the technical delivery systems of our providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the application by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the application to send altered, deceptive or false source-identifying information; or
(v) disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the application, or otherwise creating an undue burden on our services.
5.2 You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” the application. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the application.
5.3 You further agree that you will not access the application by any means except through the interface provided by Company for access to the application. Creating or maintaining any link from another application to any page at the Site, without the prior authorization of Company is prohibited
6. Updates. Company may provide you with Updates from time to time at no charge during the term of this Agreement. For the purposes hereof, “Update” means any additional versions of the FreeVPN containing technical modifications, updated information, altered functionality, or any other changes that are intended by the Company to improve or to add to, delete or otherwise modify any aspect of the FreeVPN. Company may push Updates to you over the Internet via FreeVPN by automatically downloading and installing them from time to time. You agree to allow FreeVPN to receive such Updates as part of your use of the Software.
7.1 FreeVPN is free to download and use.
8. The Software may provide for access to additional services.
8.1 To support our business and to continue to provide you with the Software for free, we may offer to deliver the Software along with certain additional in-house and 3rd-party software components. You are not required to download any additional software to use FreeVPN. The software components may include, but are not limited to:
a. “Streaming Mode.” By downloading and installing Streaming Mode on your computer, you permit us to direct your DNS settings to our servers, so that you can access different popular U.S. streaming services from anywhere in the world. In exchange, Company at its own discretion has the right to turn your device into a Networking Peer and enable a local proxy which will allow our network servers to use your Internet connection and access different Internet services through it. In the event you uninstall FreeVPN, Streaming Mode shall also uninstall.
9. Termination . You may terminate your use of the Software at any time by uninstalling the Software. You agree that Company may terminate or suspend your access to the Software, with or without notice, in our sole discretion, at any time. Following the termination or cancellation of your access to the Software and/or your account, we reserve the right to delete all your data in the normal course of operations.
10. Representations. You expressly represent, warrant, and/or acknowledge that:
10.1 The information contained herein is for informational purposes only and is not intended as or should be construed as advice or recommendations and are not guaranteed to produce results.
10.2 Company does not warrant or guarantee the suitability or availability of any material or content, including without limitation any, data, products or services, found through the Software.
10.3 Company does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products or services found through the Software.
10.4 Company makes no representations or promises regarding any material or content, and that some of the material or content provided via the Software may be owned or licensed by Third Parties.
11. Warranties, Disclaimers and Limitations of Liability .
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
11.1 YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS EULA. COMPANY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SOFTWARES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SOFTWARES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
11.2 THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE SOFTWARE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SOFTWARE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE SOFTWARE OR BETWEEN A USER OF THE SOFTWARE AND A THIRD PARTY; (VI) OVERAGE OR EXCESSIVE DATA USAGE CHARGES BY YOUR ISP OR ANY OTHER PROVIDER; (VII) CLAIMS BY ANY STREAMING SERVICE PROVIDER RELATED TO ACCESSING SUCH PROVIDERS’ CONTENT BY YOUR INTERNET CONNECTION, OR (VIII) FOR ANY OTHER MATTER RELATING TO THE SOFTWARE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION AND SOFTWARES OFFERED ON AND THROUGH THE SOFTWARE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
11.3 NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO COMPANY VIA THE SERVICE, IF ANY, FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY COMPANY TO YOU IN THE SIX (6) MONTHS PRIOR TO SUCH CAUSE OR CLAIM.
11.4 YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM YOU MAY BRING MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURRED OR IT WILL BE PERMANENTLY BARRED.
11.5 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
11.6 If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
12. Indemnification. You agree to indemnify, defend and hold harmless the Company Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Software, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Software, your breach of this EULA, your infringement or violation of any rights of another, or termination of your access to the Software. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
13. Applicable Law and Jurisdiction . Your use of the Software is governed by and will be enforced under the laws Israel without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the above stated jurisdiction. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Company may seek any interim or preliminary relief from a court of competent jurisdiction in the State listed above necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE EULA INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SOFTWARE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
14. Miscellaneous. This EULA constitute the entire agreement between Company and each user of the Software with respect to the subject matter of this EULA.
a. If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
b. The failure of the Company Parties to insist upon strict adherence to any term of this EULA shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in this EULA. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate this EULA and its rights and obligations without your consent.
c. We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
d. No agency, partnership, joint venture, or employment is created as a result of this EULA and you do not have any authority of any kind to bind us in any respect whatsoever.
e. No action arising out of this EULA or your use of the Software, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
15. Customer Service . If you have any comments or questions regarding this EULA or wish to report any violation of this EULA, you may contact us at the address below.
Keen Internet Technologies Ltd
PO Box 12456