These Terms of Use (the "Terms") govern the use of or access to the Services and apply commonly to all persons and entities ("you" or "User(s)", depending upon the context) that use the File Compressor application, services, software and other products (collectively, "Services") and the File Compressor website, currently located at https://www.pwactechs.com/ (the "Website") and constitute the Agreement between the Company and you (collectively, the "Parties", and each, a "Party").
The Service and the Website are offered by Cyberkick Ltd. ("the Company" "we," "us," or "our").
The source code of the File Compressor application is governed by this Terms of Use and by the terms established by its creator (the "Creator's Terms of Use"). These Terms of Use do not alter, limit, or supersede the Creator's Terms of Use in any way. For more information about the Creator's Terms of Use and the creator of the source code, please refer to the section below.
By accessing or using the Service or the Website you hereby agree to comply with and be legally bound by this Terms of Use.
In order to use the Services, Users, either an individual or a company, must register and open an account (the "Account").
The Account cannot be transferred to an individual or entity that did not register. All information provided at the opening of the Account must be accurate and the person submitting the data must have all required authorizations needed in order to disclose such data. To the extent that any changes occur during the activity of the Account, the User will update the Company accordingly in order to maintain an accurate record of the information.
The User must keep the log-in data to the Account confidential at all times and it is the User's sole responsibility to ensure that its Account is not abused.
Subject to your compliance with the Terms, the Company grants you a non-exclusive, non-assignable, worldwide, revocable limited license to use the Services.
As a condition of using our Services, you will become a "peer" in the Company's network ("Peer"). This means you agree to share your device's resources, mainly its IP address, in order to serve other members of the Company's network. By using the Services, you hereby expressly acknowledge to the Company that you will become a Peer, and acceptance of these Terms of Use by you constitutes your express consent to become a Peer.
You will have the option to opt-out from serving as a Peer at any time. However, please note that in such a case, you may not be able to access the full features of the Service.
The Company is entitled, without any liability, to refuse, restrict, limit, suspend or interfere with or interrupt the Service or any part thereof, without any notice for the repair, improvement, or upgrade of the Service.
The Company is entitled, without any liability, to refuse, restrict, limit, suspend or interfere or interrupt the Service if you breach any of these Terms, specifically regarding the "Users' Undertakings" related provision.
The Company reserves the right to change, modify, suspend or discontinue any portion of the Service at any time. The Company may also impose limits on certain features or restrict your access to parts or the entire Service without notice or liability. In such event, your sole recourse would be to terminate the agreement between the parties, in accordance with the termination provisions of these Terms.
A User of the Service shall not: (i) use the Service in a jurisdiction that does not allow use of such services; (ii) use the Services in a manner which may cause a disturbance to other Users of the Service or to online or network resources, including without limitation, denial of service attacks, distribution of malware, spyware or other similar codes, files or programs which are intended to interrupt with the ongoing regular operation of any software, hardware or other network components; (iii) take any action which could result in the distribution of any content which, without proper authorization or permission, would infringe copyright protection or violate the privacy of a third party. Also, the User will not take any action which could result in the distribution of illegal or unlawful content or would constitute illegal activity.
With regards to the Service and the Website, the User will not (i) contest, or assist others to contest, the Company's rights or interests in and to the Service and all applications, registrations or other legally recognized interests of the Company therein, or any element, derivation, adaptation, variation or name thereof; or (ii) seek to register, record, obtain or attempt to pursue any proprietary rights or protections in or to the Company Property; or (iii) remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on the Company’s properties.
The User shall further not, nor allow others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Service or the Website.
Except as expressly granted in accordance with these Terms, the Company retains all right, title and interest in and to the Service and the Website and any versions, revisions, corrections, modifications or derivatives thereof, including any proprietary rights therein ("Company Property"). All rights in and to the Company Property which are not expressly granted herein are reserved by the Company. This Agreement does not convey any title or ownership rights to the Users.
The User may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service or the Website; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or the Website or features that prevent or restrict use or copying of any content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service or the Website; or (d) harvest, collect or mine information about users of the Service or the Website.
Nothing in these Terms of Use infringes upon the rights of the creator of the source code of the File Compressor application, including the creator’s copyrights in the source code. For more details, please refer to the section below.
THE SERVICE AND THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND (INCLUDING SUPPORT OR OTHER SERVICES BY THE COMPANY). THE USER AGREES THAT THE USE OF THE SERVICE AND THE WEBSITE SHALL BE AT THE USERS’ SOLE RISK AND RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ANY SERVICE: (A) WILL BE ERROR OR DEFECT FREE OR OTHERWISE FREE FROM ANY INTERRUPTIONS OR OTHER FAILURES; (B) WILL MEET USER REQUIREMENTS; OR (C) THAT ANY ERROR WILL BE IMMEDIATELY FIXED; THE COMPANY MAKES NO WARRANTIES TO ANY THIRD PARTY SITES OR APPLICATIONS OR CONTENT OR ANY PORTION OR COMPONENT OF EITHER AND ASSUMES NO LIABILITY OR RESPONSIBILITY AND DISCLAIMS ALL WARRANTIES FOR ANY (I) PROBLEMS OR AVAILABILITY OF INTERNET CONNECTIONS (II) ERRORS, MISTAKES, OR INACCURACIES IN THE WEBSITE AND/OR THE SERVICE, (III) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USERS’ ACCESS TO AND/OR USE OF THE SERVICE AND/OR WEBSITE OR TO ANY THIRD PARTY SITE, (IV) ANY UNAUTHORIZED ACCESS TO A USER’S DEVICE, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION REGARDING THE SERVICE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE AND/OR THE WEBSITE.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND/OR THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION OR OTHER ENGAGEMENT WITH SUCH ADVERTISING OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE USER ASSUMES ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SERVICE, AND TO ALL TRANSACTIONS A USER UNDERTAKES ON THROUGH THE SERVICE.
IN NO EVENT WILL THE COMPANY OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY BREACH OF CONDITION(S) OR FUNDAMENTAL TERM(S) OR FOR A FUNDAMENTAL BREACH(S). IN NO EVENT, SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY DOLLARS ($50.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.
The User hereby agrees to indemnify, defend and hold the Company, its subsidiaries, parent corporation and affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Indemnified Parties"), harmless from and against any and all liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Indemnified Parties in connection with any claim arising out of your use of the Website or Service, any use or alleged use of a User’s account or your password by any person, whether or not authorized by the User, a User’s violation or breach of these Terms or a User’s violation of the rights of any other person or entity.
The term of these Terms will commence upon your registration to open the Account and will continue until terminated in accordance with the provisions of this section ("the Term").
The User can terminate this Agreement at any time by ceasing use of the Service and uninstalling the application used to utilize the Service.
The Company may terminate this Agreement and restrict or prohibit the use of the Service by the User, in its sole discretion.
Without derogating from the foregoing, upon termination, all rights, licenses and obligations of the Parties shall cease, except that all obligations that accrued prior to the effective date of termination and remedies for breach of this Agreement shall survive.
Upon termination, each party will not be liable to the other Party or any other person or entity for damages resulting from the termination of the Agreement. Following the termination of the Agreement, each Party will have no obligation to maintain any information stored in its possession related to the other Party.
This Agreement and Terms apply only to the Users’ use of the Service. The Company has not reviewed, has no control over, nor does it endorse, screen, promote or otherwise assume any responsibility for the content of third-party websites or applications ("Third-Party Services"), or to the information, advertisements, services, practices or other material contained on, or accessible through Third-Party Services, including without limitation third-party websites which may be accessible through the Service.
By using the Service, the User hereby agrees that the Company shall not be responsible for any damage, claim or liability in connection with User’s use of any third-party sites, including without limitation third-party sites to which the User has arrived via the Service. Accordingly, the User is solely responsible for reviewing and complying with the terms of use, privacy policies and practices of any such Third-Party Services. The use of Third-Party Services is at the User’s sole risk and responsibility.
This Agreement is governed by and construed in accordance with the laws of the State of Israel without giving effect to any principles of conflicts of law.
The User agrees that any legal action arising out of or relating to the Terms or your use of, or inability to use, the Website or Service shall be filed exclusively in the competent courts of Tel Aviv-Yaffo and the User hereby consents and submits to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Under these Terms, there shall be no third-party beneficiaries to the engagement between the Parties.
Each Party hereby agrees that any claim it may have arising out of or related to this Agreement must be filed within one (1) year after such claim has accrued; otherwise, the claim shall be permanently barred.
The Company may assign its rights according to this Agreement to any third- party at its sole discretion. The User may not assign or delegate User’s rights according to these Terms, except, to the extent the User is a company, pursuant to an acquisition of a controlling interest in the User (whether by merger, sale of substantially all of the User’s assets, or otherwise) without the Company's prior written consent.
If any part of these Terms is deemed void or unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
Failure to assert, at any time, any right, or require performance regarding these Terms by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
These Terms and any supplemental or incorporated documents or policies constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
The Company reserves the right, at its sole discretion, to periodically amend, supplement or revise the Terms ("Amendments"). Any Amendment of this Agreement shall come into force when made available on the Website.
Continued use of the Service by the User, following the publication of the Amendments, constitutes the User's acknowledgement and consent of such Amendments to the Terms.
To the extent that the User objects to the Amendments, its sole recourse would be to terminate the agreement between the Parties, in accordance with the termination provisions of these Terms.
The copyright in the source code of the File Compressor application belongs to: 7-Zip Copyright (C) 1999-2024 Igor Pavlov.
As mentioned above, the source code of the File Compressor application is governed by these Terms of Use and by the Creator's Terms of Use – https://www.7-zip.org/license.txt. These Terms of Use do not alter, limit, or supersede the Creator's Terms of Use in any way.