End-User License Agreement

Last updated: March 1, 2022

Thank you for your interest in our software GIAnalyzer Add-in for Microsoft Excel. This is a binding agreement that governs your use of our software.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING GIANALYZER.

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire agreement between you and the Company regarding the use of the Software.

Software (referred to as either "the Software" or "GIAnalyzer") means the software program provided by the Company downloaded by you to a Device, named GIAnalyzer Add-in for Microsoft Excel.

Company (referred to as either "the Company", "we", "us" or "our") means Gamma Impact Ltd., registered address: Efraim Kazir 12, Rehovot, Israel.

You means the individual accessing or using the Software, as well as the company, or other legal entity on behalf of which such individual is accessing or using the Software, as applicable.

Device means any device that can access the Software such as a computer, a cellphone or a digital tablet.

Trial License means a license for the use of the Software granted to you by the Company for evaluation purposes for a limited period free of charge.

Subscription License means a license for the use of the Software granted to you by the Company for your own personal purposes or your own internal business operations for a limited period on a fee-basis.

Student License means a license for the use of the Software granted by the Company for educational purposes for a limited period free of charge.

Acknowledgment

By downloading, installing, otherwise accessing, or using the Software, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not download, and do not use the Software.

This Agreement is a legal document between you and the Company, and it governs your use of the Software made available to you by the Company. If you represent the interests of legal entity, then, by accepting the Agreement on its behalf, you assure and guarantee that you have all the authority to enter into agreements.

The Software is licensed, not sold, to you by the Company for use strictly in accordance with the terms of this Agreement.

By accessing and using the Software, you also accept and agree to our Privacy Policy published on the page https://gianalyzer.com/privacy-policy/. It describes how we collect, use, share, and otherwise process information when you use our Website and the Software, and tells you about your privacy rights. Please read our Privacy Policy carefully before using the Website and the Software. Before using our Website, please read the Terms and Conditions carefully. Its most recent version is published on the page https://gianalyzer.com/eula/.

License for the use of the Software

Scope of license

The Software available for download on the website https://gianalyzer.com is licensed to you, not sold. The Company grants you a non-exclusive, limited, revocable license to download, install and use the Software strictly in accordance with the terms of this Agreement.

You may install and use the Software for its intended purpose, by means of the provided interface (in object code format), and in accordance with the Software’s documentation provided by the Company on the website https://gianalyzer.com.

You may only install and use the Software on devices you own or control.

You may use one copy of the Software License on one computer for a single user.

Trial License

Trial License gives you the right to use the Software solely for evaluation purposes free of charge. Trial License period is 30 days from the date you received free Trial License key, or another period at our discretion.

The right to use a Trial License is granted to you when you install the Software for the first time and/or when you activate the free Trial License key provided to you by the Company.

After Trial License expires, the Software functionality will be disabled, and this Agreement will be terminated. To continue using the Software, you may purchase a Subscription License. Otherwise, you must cease all use and uninstall all Software copies available to you.

Subscription License

Subscription License gives you the right to use the Software for your own personal purposes or your own internal business operations. Subscription License is subject to license fees and is provided for a limited period.

Subscription License period can be 1, 2, or 3-years, as you choose during purchase. The amount of the license fees and payment procedure are specified on the website https://gianalyzer.com.

The right to use a Subscription License is granted to you when you activate your Subscription License key provided to you by the Company after you purchase a license.

A Subscription License is NOT automatically renewed. After the Subscription License expires, the Software functionality will be disabled, and this Agreement will be terminated. To continue using the Software, you may purchase another Subscription License. Otherwise, you must cease all use and uninstall all Software copies available to you.

We guarantee a full refund if for any reason you request a one within 30 days from the date of purchase. Immediately after the refund, your license key will be disabled, this Agreement will be terminated, you will have no right to use the refunded Software and you must cease all use and uninstall the refunded Software copy.

Student License

Student License gives you the right to use the Software solely for educational purposes free of charge. Student License is provided to students and faculty members of an educational institution, that has an established partnership with the Company. Student license period is one semester, or another period at our discretion.

The right to use a Student License is granted to you when you install the Software for the first time and/or when you activate the free trial license key provided to you by the Company.

The right to use a Student License is granted to you when you activate your Student License key provided to you by the Company.

After Student License expires, the Software functionality will be disabled, and this Agreement will be terminated. To continue using the Software, you may purchase a Subscription License. Otherwise, you must cease all use and uninstall all Software copies available to you.

License transfer

You may transfer your Subscription License to another Device, provided that you cease all use and uninstall the Software copy from the previous Device.

You may transfer your Subscription License to another person within the same legal entity (coworker), provided that you transfer to that person all of the Software and documentation, including this Agreement. Immediately after the transfer, you have no right to use the Software and you must cease all use and uninstall all Software copies available to you.

Updates

We may from time to time provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades and other modifications. Updates are reflected in the Software version numbers, for example, versions 4.1.0, 4.1.1, 4.2.0, 5.0.1, etc.

For the entire duration of your Subscription License, updates to the latest Software version are available to you free of charge.

You may refuse to install updates, and you agree that in this case you will not be able to use new and improved functionality of the Software.

Updates may modify or delete certain features and/or functionalities of the Software. You agree that the Company has no obligation to provide any updates or continue to provide or enable any particular features and/or functionalities of the Software to you.

You further agree that all updates or any other modifications will constitute an integral part of the Software and a single license and are subject to the terms and conditions of this Agreement.

Technical support

We may provide you technical support services related to the Software, at own discretion and for the sole purpose of addressing technical issues related to the use of the Software.

Technical support is provided online. You can send support requests by submitting a form on our website https://gianalyzer.com/contact/ or by email to support@gianalyzer.com.

Support services may be subject to charges if they exceed the scope of technical support, and we qualify them as consulting and/or software development services. Such charges and payment procedures will be approved with you in advance in writing.

Restrictions on use

Without the prior written consent of the Company, you may not (nor permit any third party to), directly or indirectly:

• Use, modify, revise, enhance, incorporate into or with other software programs, or create a derivative work of any part of the Software
• Sell, resell, license (or sub-license), lease, assign, pledge, or share the Software with any third party
• Copy, distribute, publish, reproduce, provide to third parties, or create conditions for the use of the Software by persons who have not been entitled to use the Software
• Disassemble, decompile, reverse engineer, or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Software
• Interfere with any components of the Software, including hacking, password guessing and the use of other illegal means of intervention
• Interfere with the operation of the Software, computer networks, equipment or servers that used or are related to the provision of the Software, including uploading or otherwise distributing virus, adware, spyware, self-spreading software or other malicious code
• Request free trial, subscription, or technical support using bots or other automated systems
• Copy any printed documentation or other materials distributed together with the Software except for personal use
• Remove or otherwise alter any of the Company’s trademarks, logos, copyrights or other proprietary notices

We reserve any other rights not expressly granted to you by this Agreement.

Intellectual property

An exclusive right to the Software belongs to Gamma Impact Ltd. We own and retain all title, interest and copyrights to the Software and any of its components, including but not limited to images, source code, distributables, demos, intermediate files, packages, photographs, animations, videos, audio, music, text, applications embedded in the Software, documentation, and any copies of the Software.

The Software is protected by copyright, trademark, and other laws of both State of Israel and international treaties. By this Agreement we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.

GIAnalyzer, any related product and service names, logos, design marks and slogans on this Website are the trademarks or registered trademarks of the Company. Microsoft and the Office logo are trademarks or registered trademarks of Microsoft Corporation. All other trademarks, product and service names and logos are properties of their owners.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Third-party services

The Software may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any third-party services.

You must comply with applicable third parties' terms of agreement when using the Software. Third-party services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' Terms and conditions.

Term and termination

This Agreement shall remain in effect until terminated by you or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from your Device.

Upon termination of this Agreement, you shall cease all use of the Software and delete all copies of the Software from your Device.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Your feedback to us

Any feedback, comments, ideas, improvements or suggestions provided by you to the Company with respect to the Software shall remain the sole and exclusive property of the Company. The Company shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to you.

Limitation of liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software or 20 EUR if you haven't purchased the Software.

To the maximum extent permitted by applicable law, in no event shall the Company or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and/or third-party hardware used with the Software, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, each party's liability will be limited to the greatest extent permitted by law.

No warranties

The Company does not make any warranties concerning the Software.

The Software is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Software; or (iv) that the Software, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

The Company disclaims all liability for any actions resulting from your use or inability to use the Software. You may use the Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to the Software.

We reserve the right to periodically modify or suspend, temporarily or permanently, the functions and components of the Software, without any notice and without liability to you.

If you made a payment for the use of the Software, we will not refund money for the period when the Software was not available.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

Indemnification

You agree to indemnify and hold the Company and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any and all claims, damages, obligations, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys' fees, due to or arising out of your: (i) use of, or inability to use, the Software; (ii) violation of this Agreement or any law or regulation; or (iii) violation of any right of a third party.

Governing law

This Agreement and the relationship between you and the Company shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. Your use of the Software may also be subject to other local, state, national, or international laws.

Entire agreement

The Agreement constitutes the entire agreement between you and the Company regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between you and the Company.

You may be subject to additional terms and conditions that apply when you use or purchase other products and services of the Company, which we will provide to you at the time of such use or purchase.

Disputes resolution

If you have any concern or dispute about the Agreement, you agree to first try to resolve the dispute informally by contacting the Company. The complaint should indicate the essence of the appeal, the circumstances of the case, your violated rights and demands.

You agree that any lawsuits arising from this Agreement must be filed and considered in court at the location of Company, and the limitation period for disputes referred to in this section is 1 (one) year from the date on which the violation of rights occurred.

Translation interpretation

This Agreement may have been translated if we have made it available to you. You agree that the original English text shall prevail in the case of a dispute.

United States legal compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to this Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. The most recent revision of the Agreement will be published on the page https://gianalyzer.com. If we make significant modifications to the Agreement, we will post a notice on the Website prior to the change or notify by email. By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the new terms, in whole or in part, you must cease all use and uninstall all Software copies available to you

Contacts

If you have any questions about this Agreement, please contact us by email:

Company details:

Gamma Impact Ltd.
Registered address: Efraim Kazir 12, Rehovot, Israel
Phone: 972-35343333