Terms and Conditions of Service
Last Updated: May 22, 2023
1. ACKNOWLEDGMENT AND ACCEPTANCE
1.1. PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE AND END USER LICENSE AGREEMENT OF DORKAG'S PRODUCTS AND SERVICES ("AGREEMENT" OR "TERMS") BEFORE USING OR ACCESSING IN ANY FORM ANY OF THE PRODUCTS, APPLICATIONS, AND/OR SERVICES AVAILABLE THROUGH OR IN CONNECTION WITH DORKAG'S PRODUCTS, E.G., THE REAL-TIME DEBUGGER (HEREINAFTER THE "PRODUCTS AND SERVICES"). THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU ("YOU" OR "CUSTOMER") AND DORKAG ORGANIZATION, A COMPANY INCORPORATED UNDER THE LAWS OF THE STATE OF ISRAEL OR ANY OTHER AFFILIATE THEREOF EXECUTING THE ORDER FORM ("DORKAG" OR "COMPANY") AND BY USING AND/OR MERELY DOWNLOADING ANY OF THE PRODUCTS AND SERVICES IN ANY FORM AND MANNER YOU AGREE TO ABIDE, AND THAT YOU ARE BOUND, BY THESE TERMS. BY USING ANY OF THE PRODUCTS AND SERVICES YOU HEREBY DECLARE THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE A MINOR, YOU ARE REQUIRED TO OBTAIN A PARENTAL CONSENT FOR AND PRIOR TO USING THE PRODUCTS AND SERVICES.
1.2. THIS AGREEMENT AND THE USE OF THE TERMS "YOU" OR "USERS" ARE APPLICABLE TO ALL TYPES OF USERS OF THE PRODUCTS AND SERVICES, INCLUDING OWNERS WHO INITIALLY SET UP THE PRODUCTS AND SERVICES AND/OR ARE GRANTED OWNERSHIP PRIVILEGES BY THE INITIAL OWNER(S), ADMINISTRATORS, WHO MANAGE AND RUN A TEAM, CHANNEL, OR GROUP AND USERS WHO ARE INVITED TO JOIN AN EXISTING GROUP AND/OR TEAM THAT HAS ALREADY BEEN CREATED.
1.3. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR ANOTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES, AND USERS TO THIS AGREEMENT. IN SUCH CASE, THE TERMS "YOU" OR "YOUR" SHALL ALSO REFER TO SUCH ENTITY, AND ITS AFFILIATES, AS APPLICABLE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MAY NOT USE THE PRODUCTS AND SERVICES.
IMPORTANT NOTES:
ANY AND ALL USE OF THE PRODUCTS AND SERVICES SHALL BE SUBJECT TO THE FEES, FEATURES, SCOPE, DURATION, AND SUCH ADDITIONAL TERMS AND CONDITIONS, WHICH ARE SPECIFIED UNDER A CORRESPONDING ORDER FORM, STATEMENT OF WORK, INSERTION ORDER OR OTHER AGREEMENTS WITH THE COMPANY OR A CORRESPONDING COMPANY RESELLER/DISTRIBUTOR ("ORDER FORM"), INCORPORATED BY REFERENCE TO THESE TERMS, WHICH YOU HAVE EXECUTED, SIGNED OR OTHERWISE AUTHORIZED IN CONJUNCTION WITH THE PURCHASE OF THE RIGHT TO USE THE PRODUCTS AND SERVICES. ANY REFERENCE TO "AGREEMENT" SHALL ALSO REFER TO THESE TERMS AS WELL AS TO THE ORDER FORM. IN THE EVENT THAT THE PRODUCTS AND SERVICES ARE PROVIDED FREE OF CHARGE, SUCH ORDER FORM MAY NOT BE EXECUTED AND THE TERMS HEREIN SHALL APPLY.
2. THE DORKAG SERVICE – GRANT OF RIGHTS; RIGHT TO MODIFICATION AND SHUT DOWN
2.1. SaaS-Subscription. Subject to the terms and conditions hereunder, including timely payment of all applicable Fees (as defined below), you are hereby granted with a personal, term-limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Products and Services during the term specified under the applicable Order Form as per the scope specified herein, for your own internal use ("SaaS Subscription"). Unless the Order Form expressly specifies an 'On-Prem License' or a similar designation, pursuant to Section2.2 below, the Products and Services shall be provided as a SaaS Subscription.