The Colorian is brought to you by ABE Labs Ltd. (“ABE Labs”) Any use of The Colorian and its website (Jointly: "The Colorian") are subject to these End User License Agreement ("Terms"), which constitutes a legal agreement between you and ABE Labs. Please review the Terms carefully before using The Colorian. If you do not wish to accept all of the following terms, or you are under the age of 13, do not use The Colorian.
ABE Labs can, at its sole discretion change the The Colorian. ABE Labs is not liable for any damages or other effects resulting of any changes.
GENERAL LICENSE
Subject to you following the Terms, you are granted a non-exclusive, non-transferable, non sub-licensable, limited right to access, use, download and install the current version of The Colorian, solely for your lawful, personal, and non-commercial use.
THIRD PARTY LINKS AND SERVICES
Third party services, which are not proprietary to ABE Labs, connected to it or under its control in any manner may be linked from The Colorian. The Third Party Services are subject to its applicable terms and conditions. It is your responsibility to review the applicable terms and conditions, should you intend on accessing or using them in any manner.
The Third Party services terms and conditions constitute an agreement between you and the applicable third party service provider.
IP
The Colorian Including its code, content, protocols, software, and documentation provided to you by ABE Labs, shall remain ABE Labs’s property who will retain all intellectual property right, title and interest in and to The Colorian, including, but not limited to, all trademarks, trade secrets, copyrights, trade names, proprietary rights, patents, titles, computer codes and moral rights, registered or not, and all applications and derivatives thereof. To the avoidance of doubt, any part of The Colorian, which is based on an open source license shall be subject to the applicable open source license.
Rights and Limitations
It is prohibited to use The Colorian, in any way in conflicting with the Terms. It is prohibited to rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer The Colorian for the benefit of any third party. It is allowed to create a backup for your own use.
You will not use any method, process or device, whether automatic or manual to interfere or attempt to interfere with The Colorian. You shall not violate or attempt to violate the security of The Colorian. You shall not modify, reverse-engineer, decompile, disassemble, or tamper with The Colorian, or attempt to do so for any reason. Unless specifically stated otherwise, you may not access, create or modify the source code The Colorian in any way, or create derivative works. Any modifications or enhancements you create shall remain the sole property of ABE Labs unless specified otherwise.
You may not misrepresent the source of ownership of The Colorian.
The use of the The Colorian is subject to applicable export control laws. It is prohibited to download or export or re-export into (or to a national or resident of) any country to which the U.S. has currently embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or any other use that contradicts any applicable export laws. You declare that and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Privacy Policy & Issues
You hereby agree to ABE Labs's Privacy Policy as it appears on the The Colorian website and as amended and updated from time to time upon ABE Labs's sole discretion. ABE Labs's Privacy Policy shall also define the extent of the collection and use personal and non-personal information relating to The Colorian.
Termination
It is ABE Labs’s sole discretion, to modify or discontinue or suspend your right to access or use The Colorian or any other ABE Labs product at any time. It is ABE Labs’s sole discretion to suspend or terminate any license hereunder and disable The Colorian or any part of it at any time.
Operation
The operation of The Colorian requires working internet connection.
You may be required to register in order to use The Colorian. In that case, you are required to maintain the confidentiality of your user name and password. You are responsible for the actions performed under your account. You shall notify The Colorian immediately in case of any unauthorized use of your account or any breach of security. Should ABE Labs suspect that the security of your account is compromised, it may suspend or terminate your account and refuse any and all current or future use of the services and pursue any appropriate legal remedies.
ABE Labs is not responsible for any loss incurred in connection with any misuse of any Password or User Name. The information you provide in process of the registration process must be accurate, complete and up to date. If ABE Labs suspects that the provided information is inaccurate, not current or not complete, it may suspend or terminate your use of The Colorian, and pursue any appropriate legal remedies. ABE Labs has the right to use the provided information for the purposes described in these Terms.
Limitation of liability
YOU UNDERSTAND, AGREE AND ACCEPT THAT IN NO EVENT ABE Labs, ITS PARENTS, AFFILIATE AND SUBSIDIARY OR AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH IS A RESULT OF YOUR USE OR POSSESSION, ACCESS OR MALFUNCTION OF The Colorian, INCLUDING BUT NOT LIMITED TO, MONETARY DAMAGES, LOSS OF PROFIT, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, UNDER ANY CAUSE OF ACTION, WHETHER CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOTABE Labs OR ANYONE ON THEIR BEHALF, INCLUDING RELEVANT THIRD PARTIES HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS THAT DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED. IN NO EVENT SHALL ABE Labs, ITS PARENTS, AFFILIATE AND SUBSIDIARY OR AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS OR ANY OF THEIR BEHALF LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY FOR YOUR USE OF The Colorian OR TEN DOLLARS (10$), WHICHEVER LESS.
Warranty Disclaimer
The Colorian IS PROVIDED TO YOU "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED COMPLETELY. ABE Labs IS NOT AND IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF The Colorian, EVEN IF YOU ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADVANCED WITHOUT LIMITATION, ABE Labs MAKES NO WARRANTY THAT The Colorian WILL BE SUITABLE FOR YOUR REQUIREMENTS OR PERFORM WITHOUT UNINTERRUPTIONS, I A TIMELY MANNER, SECURELY, OR ERROR-FREE OR THAT THE The Colorian QUALITY WILL MEET YOUR EXPECTATIONS. YOU SHALL BEAR THE RISK ARISING OUT OF USE OR PERFORMANCE OF The Colorian. ABE Labs DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY ANY THIRD PARTY.
Governing law
Any dispute relating The Colorian, the Terms or ABE Labs shall be governed by the laws of the state of Israel, without regard to the conflicts of laws principles thereof.
You hereby submit to the exclusive jurisdiction and venue of Tel Aviv, Israel.
Indemnification
You shall indemnify, defend and hold ABE Labs , its parents, affiliate and subsidiary or affiliated companies, officers, directors, employees, consultants and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using The Colorian and/or your breach of these Terms.
Miscellaneous
These Terms are complete agreement between you and ABE Labs regarding The Colorian and it supersedes all prior agreements and representations between the parties.