END-USER LICENSE AGREEMENT

[Last Modified: October, 2021]

This End User License Agreement (“EULA”) constitutes a legally binding agreement between Stanis Ltd. (“Company”, "we", “us” or “our”) and you, a user which downloads, accesses and uses our Media Player and the Services therein (as such terms are defined below) (“you” or “User”). This EULA sets forth the terms according to which a User may use, download and access the Media Player and the Service therein.

ACCEPTANCE OF THE TERMS: by clicking the “Accept” button (or other similarly designated call to action) during the installation flow or by otherwise downloading, installing or using the Media Player and the Service (as defined below), you represent and warrant that you have read and understood the terms of this EULA and agree to be bound by them and to fully comply with them. You further agree to comply with all applicable laws and regulations regarding your use of the Media Player and the Services and you acknowledge that these terms constitute a binding and enforceable legal contract between you and us. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT DOWNLOAD, ACCESS OR USE THE MEDIA PLAYER IN ANY MANNER.

AMENDMENTS

We reserve the right to periodically amend or revise this EULA at our sole discretion; such changes will be effective immediately upon the display of the revised EULA. The last revision date will be reflected in the "Last modified" heading and your continued use of the Services following the notification of such amendments herein, constitutes your acknowledgment and consent of such amended terms of this EULA and your consent to be bound by them.

SERVICES

Our Media Player is downloadable enables you to play video or music files in various formats without requiring you to install or use additional code (“Services”). Note that, when you download our Media Player we install components in order to enhance and personalize your experience and suggest content that might interest you, such as our search enhancer feature which shall change your default search and enhance your search settings.

LICENSE GRANT

Subject to your acceptance of and full compliance with the terms of this EULA, we grant you a personal, non-commercial, non-exclusive, revocable, non-transferable, non-sublicensable, and limited license, to download and install the most current generally available version of the Media Player and Services offered therein solely in connection with your lawful, personal and non-commercial use (“License”). The Services may not be used for any other purpose without Company’s prior written consent. You may not download the Media Player or use the Service if you are not the owner or approved administrator of the device on which you activated or accessed the Service. This License will also govern any upgrades provided by the Company that replace or supplement the original Media Player, unless such upgrades are accompanied by a separate license, in which case the terms of those upgrades will govern.

RESTRICTIONS OF USE AND USER’S WARRANTIES

You hereby represent and warrant that you: (i) are either the owner or an authorized user of the device in which the Media Player is installed; (ii) are eligible to enter into the Terms of this EULA and you are not prohibited by any authorized authority, judicial order or law to enter into this EULA; and (iii) you are of appropriate age to enter into this EULA. If you are under 18, please be sure to read the terms of our Privacy Policy https://www.stanis.tech/privacy with your parents or legal guardians.

In addition, you hereby represent and warrant that you will not, and will not allow anyone else, directly or indirectly, to: (i) rent, sell, lease, sublicense, distribute, market, assign, copy, or in any way transfer the Service or use the Media Player for the benefit of any third party in any manner; (ii) modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Media Player or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Media Player in any way. You do not have the right to and may not create derivative works of the Service; (iii) use the Services for benchmarking purposes or to develop any software, application, product or service that is the same as, substantially similar to, or competitive with the Services; (iv) use the Services to promote, conduct, or contribute to fraudulent, obscene, pornographic, illegal or otherwise inappropriate activities, including without limitation, deceptive impersonation in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages; (v) use any robot, spider, other automated device or any toolbar, web-bar, other web-client, device, software, routine or manual process to monitor or scrape information from the Services; (vi) use the Services for unlawful purposes or in breach of this EULA. The Services are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances that are applicable to the use of our Services.

We reserve the right, at our sole discretion, to limit, deny or cancel some or all of the functionality of the Services at any time, without prior notice. We reserve the right to suspend, remove, restrict or disable your access to parts or all of Services at any time and without notice or liability, at our sole discretion. In no event, will the Company be liable for the suspension, removal, and restriction or disabling of your access to the Services or to any feature available therein.

THIRD PARTY LICENSE

The Media Player embeds certain independent third party code ("Open Source Code") and the Open Source Code is licensed to you in accordance with the applicable open source licenses (“Open Source License”). To the extent that any of the terms set out herein conflict with any terms contained in the Open Source License, the Open Source License shall prevail. For the avoidance of doubt, we are not obliged and do not monitor or control any Open Source Code licensed herein to you. You agree that we will not be held responsible for any part of such Open Source Code, including but not limited to its availability and accuracy. This EULA governs your relationship with us alone, and in no way governs the relationship between you and any third party.

INTELLECTUAL PROPERTY

You acknowledge and agree that the Media Player and any associated components are licensed, not sold to you. You also acknowledge that all trademarks, service marks, the Media Player, including all associated components, code, protocols, software, design, text, images, logos, photographs, illustrations, audio and video material, sounds, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation the 'look and feel' and documentation provided to you by us in conjunction with the Services are the Company’s property or the property of our licensors and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed in the Media Player or associated components. All rights not expressly granted hereunder are expressly reserved to us or our licensors.

DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ANS EXCEPT AS SET FORTH HEREIN, YOUR ACCESS AND USE OF THE MEDIA PLAYER AND SERVICES ARE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICE; (B) THAT THE SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; AND (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICES WILL BE CORRECTED. EXCEPT AS EXPRESSLY STATED HEREIN AND IN OUR PRIVACY POLICY https://www.stanis.tech/privacy THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICE.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND JURISDICTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS EULA OR TO YOUR USE OR THE INABILITY TO USE THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICE IN WHOLE OR IN PART AT ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. WITHOUT DEROGATING FROM THE ABOVE, THE COMPANY’S LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICE.

INDEMNIFICATION

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your access to or use of the Media Player and the Services therein or to any matter governed by this EULA. The user is solely responsible for its actions when using the Media Player and Services.

UPDATES AND UPGRADES

In order to enhance and further develop the Media Player we may automatically download and install updates and upgrades from time to time. These updates and upgrades are designed solely to improve the Services, enhanced functionalities, embed new modules and versions which will not affect your device in any way. You hereby agree to receive such updates and upgrades as part of your use of the Media Player and the Services. In the event we believe that such update or upgrade shall materially affect your use of the Media Player or the Services, we will make our best efforts to notify you.

TERMINATION

You can terminate this EULA and the use of the Service at any time. If you wish to terminate your use of the Media Player and the Service, you may do so by uninstalling the Media Player from your device, by using the standard uninstall processes that are available as part of your operating system or through your browser’s settings, as applicable. We may terminate your access to the Media Player or Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of information and data associated with your use of the Media Player all in accordance with our Privacy Policy https://www.stanis.tech/privacy.

DISPUTE RESOLUTION

For any dispute you have with us, you agree to first and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree, unless otherwise required by law, to resolve any claim, dispute or controversy arising out of or in connection with or relating to this EULA exclusively by binding arbitration. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

This arbitration clause will survive the termination of this EULA. This EULA is governed by and construed in accordance with the laws of Israel, without giving effect to any principles of conflicts of law and will not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. Any action at law or in equity relating to the arbitration provision of this EULA shall be brought exclusively in the courts located in Tel-Aviv-Yafo, Israel, and for such purpose, you submit to the personal jurisdiction of such courts. Any cause of action you might have relating to the Service may be brought no later than one (1) year from the date the incident arose, and will be permanently barred afterward.

PRIVACY

The Company may process and collect certain information regarding the User's use of the Media Player and Services. We are committed to the protection of the privacy of our Users, and therefore we handle such User data solely in accordance with our Privacy Policy. Thus, we encourage you to review our Privacy Policy before using the Media Player and the Services http://www.stanis.tech.com.

MISCELLANEOUS

The terms of this EULA, constitute the entire understanding between the parties with respect to the use of the Media Player and the Service. If any provision of this EULA is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. This EULA and any right granted herein may not be assigned by you without the prior written consent of the Company.

CONTACT US

If you have any questions about this EULA, please contact us at https://www.stanis.tech/privacy