End User License Agreement

By signing this End User License Agreement (“Agreement”), or clicking “I agree”, “Accept” or other similar buttons, or by installing, accessing and/or using Trevi’s proprietary software enabling cross-platform, cross applications search engine (“Platform”), you expressly acknowledge and agree that you, or the company you represent, (“you” or “Licensee”) are entering into a legal agreement with Trevi Ltd. (“Trevi”), and have understood and agreed to comply with, and be legally bound by, the terms and conditions of this Agreement. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

  1. License to the Platform. Subject to the terms and conditions of this Agreement, Trevi hereby grants you a limited, non-exclusive, non-assignable, non-transferable, and non-sublicensable license, during the Term, to access and use the Platform for your internal use only (the “License”).
  2. License Restrictions. Except to the extent expressly permitted in this Agreement, Licensee agrees and undertakes not to: (a) copy the Platform; (b) sell, assign, lease, lend, rent, sublicense, or make the Platform available to any unauthorized third party, or otherwise use the Platform to operate in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, and interfaces) of the Platform; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Platform; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Platform; (f) make a derivative work of the Platform, or use the Platform to develop any service or product that is the same as (or substantially similar to) the Platform; and/or (g) publish or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Platform.
  3. Account. In order to use the services provided by the Platform, you will have to create an account (“Account“).  You agree not to create an Account for anyone else or use the account of another without their permission.  When creating your Account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure.  You must notify Trevi immediately of any breach of security or unauthorized use of your Account.  As between you and Trevi, you are solely responsible and liable for the activity that occurs in connection with your Account.  If you wish to delete your Account you may send an email request to Trevi at info@trevi.io.
  4. Fees. Currently, the Platform is provided to you for free. However, in the future we may request the payment of applicable fee in order to allow you to use certain services or features included in the Platform.
  5. Third Party Software. The Platform may include certain open source code software and materials (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). The respective Open Source Licenses are available within the Platform’s notice file, as may be amended from time to time by Trevi, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail with regard to such Open Source Software.
  6. Confidentiality. Each party (“Disclosing Party”) may from time to time during the term of this Agreement disclose to the other party (“Receiving Party”) certain confidential or proprietary information (“Confidential Information”). The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or contractors of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. The Receiving Party’s obligations under this Section, with respect to any Confidential Information of the Disclosing Party, shall not apply to and/or shall terminate if and when the Receiving Party can document that such information: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) was disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is required by law or by the order or a court of similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure.
  7. Licensee Data. While using the Platform, Licensee may choose to make accessible to Trevi certain Licensee data located and/or stored by various accounts that the Licensee manages through third party platforms (to the extent such third party platforms interact with the Platform) (“Third Party Sources” and “Licensee Data”). Licensee grants Trevi a non-exclusive license to access, use, process, aggregate, implement, delete, backup, display, copy and store within Trevi’s system, the Licensee Data in order to (i) provide the Platform and the services thereunder to Licensee; and (ii) in order to improve and develop the Platform and additional features included therein. The intellectual property and all other rights, title and interest of any nature in and to the Licensee Data are and shall remain the exclusive property of Licensee. Except as expressly set forth herein, nothing in this Agreement shall be construed as transferring any rights, title or interests to Trevi or any third party with regards to the Licensee Data. Licensee represents and warrants that it possesses all of the rights, including intellectual property rights subsisting in the Licensee Data, and has the right to provide Trevi the license granted herein to use such Licensee Data in accordance with this Agreement; and the Licensee Data and/or its use by Trevi as set forth in this Agreement does not infringe or violate any proprietary or privacy or publicity rights of any third party. Licensee shall remain solely responsible and liable for the Licensee Data and expressly releases Trevi from any and all liability arising from Trevi’s use of the Licensee Data, as permitted herein. Licensee acknowledges that the Platform does not operate as an archive or file storage service and Trevi does not store all of the Licensee Data that Licensee may make accessible during Licensee’s use of the Platform, or any other content, or results that Licensee obtains through, produces, access or is outputted through or by the use of the Platform, including the results of the searches performed via the Platform (“Search Results”).
  8. Ownership. Licensee acknowledges that Trevi is, and shall remain, the sole and exclusive owner of any intellectual property rights in and to the Platform and all its copies (as well as any modifications or improvements thereto). Trevi reserves all rights not expressly granted herein. If Trevi receives any feedback regarding the Platform or any services provided in connection with this Agreement (collectively, “Feedback”), all rights, including intellectual property rights in such Feedback shall belong exclusively to Trevi and shall be considered Trevi’s Confidential Information, and Licensee hereby irrevocably and unconditionally transfers and assigns to Trevi any rights it may in such Feedback and waives (and to the extent waiver is prohibited by law, covenants never to assert) any and all moral rights that Licensee may have in respect thereto.  Trevi may collect, use and publish any anonymous information which is derived from the use of the Platform (i.e., metadata, aggregated and/or analytics information) which is not personally identifiable information and/or (“Anonymous Information”). Any Anonymous Information, may be used by Trevi for providing the Service, for development, and/or for statistical purposes. Such Analytics Information is Trevi’s exclusive property.
  9. Disclaimer of WarrantiesYou agree and acknowledge that the Platform is in beta stage and Trevi does not warrant that the Platform shall perform error free or uninterrupted. THE PLATFORM AND ANY SERVICES PROVIDED THEREUNDER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TREVI DISCLAIMS ANY, IMPLIED AND STATUTORY WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE). TREVI DOES NOT WARRANT AND MAKES NO REPRESENTATION REGARDING THE SEARCH RESULTS AND TREVI DOES NOT GUARANTEE OR COMMIT TO ANY BINDING LEVEL OF ACCURACY OF THE SEARCH RESULTS OR THAT ALL THIRD PARTY SOURCES HAVE BEEN ACCURATELY SEARCHED. TREVI SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO LICENSEE IN CONNECTION WITH THE FOREGOING. 
  10. LIMITATION OF LIABILITY. IN NO EVENT WILL TREVI OR ANY TREVI’S AFFILIATE BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT FOR: (A) ANY DIRECT,  CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;  (B) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS AND/ OR REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY). IN ANY EVENT, THE AGGREGATED CUMULATIVE LIABILITY OF TREVI UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT WILL NOT EXCEED THE LICENSE FEES ACTUALLY PAID BY LICENSEE TO TREVI (IF ANY) UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
  11. Term and Termination. This Agreement is effective until terminated by Trevi or you. Trevi reserves the right, at any time to (i) discontinue or modify any aspect of the Platform; and/or terminate this Agreement and your use of the Platform with or without any cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse is to immediately discontinue use of the Platform. Trevi reserves the right, at any time, to discontinue and/or terminate this Agreement and Licensee’s access to, and use of, the Platform due to Licensee’s breach of this Agreement. Upon termination of this Agreement, Licensee shall cease all use of the Platform. Any provision which by its nature is intended to survive termination or expiration of this Agreement shall survive termination of this Agreement.
  12. Miscellaneous. The failure of either Party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach hereunder shall not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by Licensee but may be assigned by Trevi without restriction or notification. This Agreement shall be governed by and construed under the laws of the State of Israel, without reference to principles and laws relating to the conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Trevi will not be liable for any delay or failure to provide the Platform resulting from circumstances or causes beyond the reasonable control of the Trevi.

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