EULA
Legal Information
& Notices
Legal Information
& Notices
Last Modified: February, 2020
The DockMaster is a MAC OS application developed by CEB Labs Ltd. ("CEB Labs") Any use of the DockMaster and its website (Jointly: "DockMaster") are subject to these End User License Agreement ("Terms"), which constitutes a legal agreement between you and CEB Labs. Please review the Terms carefully before using DockMaster. If you do not wish to accept all of the following terms, or you are under the age of 16, do not use DockMaster.
By using in any way, downloading, installing or any other use of DockMaster, you accept the Terms. The Terms may be changed from time to time, without prior notice, upon CEB Labs's sole discretion. Should you not agree with the change, please stop using DockMaster.
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 DockMaster, solely for your lawful, personal, and non-commercial use.
Third party services and third party service, which are not proprietary to CEB Labs, connected to it or under its control in any manner may be linked from the DockMaster. 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.
DockMaster Including its code, content, protocols, software, and documentation provided to you by CEB Labs, shall remain CEB Labs’s property who will retain all intellectual property right, title and interest in and to DockMaster, 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 DockMaster, which is based on an open source license shall be subject to the applicable open source license.
It is prohibited to use DockMaster, in any way in conflicting with the Terms. It is prohibited to rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer DockMaster 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 DockMaster. You shall not violate or attempt to violate the security of DockMaster. You shall not modify, reverse-engineer, decompile, disassemble, or tamper with DockMaster, or attempt to do so for any reason. Unless specifically stated otherwise, you may not access, create or modify the source code DockMaster in any way, or to create derivative works. Any modifications or enhancements you create shall remain the sole property of CEB Labs unless specified otherwise.
You may not misrepresent the source of ownership of DockMaster.
The use of the DockMaster 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.
You hereby agree to CEB Labs's Privacy Policy as it appears on the DockMaster website and as amended and updated from time to time upon CEB Labs's sole discretion (available here). CEB Labs's Privacy Policy shall also define the extent of the collection and use of personal and non-personal information relating to DockMaster.
It is CEB Labs’s sole discretion, to modify or discontinue or suspend your right to access or use DockMaster or any other CEB Labs product at any time. It is CEB Labs’s sole discretion to suspend or terminate any license hereunder and disable DockMaster or any part of it at any time.
The operation of DockMaster requires working internet connection. You may be required to register in order to use DockMaster. 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 DockMaster immediately in case of any unauthorized use of your account or any breach of security. Should CEB 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.
CEB 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 CEB Labs suspects that the provided information is inaccurate, not current or not complete, it may suspend or terminate your use of DockMaster, and pursue any appropriate legal remedies. CEB Labs has the right to use the provided information for the purposes described in these Terms.
DockMaster 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. CEB 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 DockMaster, EVEN IF YOU ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADVANCED WITHOUT LIMITATION, CEB Labs MAKES NO WARRANTY THAT DockMaster WILL BE SUITABLE FOR YOUR REQUIREMENTS OR PERFORM WITHOUT UNINTERRUPTIONS, I A TIMELY MANNER, SECURELY, OR ERROR-FREE OR THAT THE DockMaster QUALITY WILL MEET YOUR EXPECTATIONS. YOU SHALL BEAR THE RISK ARISING OUT OF USE OR PERFORMANCE OF DockMaster. CEB Labs DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY ANY THIRD PARTY.
YOU UNDERSTAND, AGREE AND ACCEPT THAT IN NO EVENT CEB 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 DockMaster, 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 NOT CEB 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 CEB 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 DockMaster OR TEN DOLLARS (10$), WHICHEVER LESS.
Any dispute relating to DockMaster, the Terms or CEB 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.
You shall indemnify, defend and hold CEB 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 DockMaster and/or your breach of these Terms.
These Terms are complete agreement between you and CEB Labs regarding DockMaster and it supersedes all prior agreements and representations between the parties.