Terms of service and EULA


The following Terms of Service and End User License Agreement (“EULA”) constitute a legal agreement between you (either an individual or an entity) and Genieo Innovation Ltd., its suppliers and licensors (collectively, "Genieo") and govern your use of Pronto File Converter and Pronto File Converter Pro (Collectively, the “Software”) and the Software's websites (the "Websites"). Hereunder, we shall refer both Software and websites as the "Services".

IF YOU DO NOT AGREE TO THIS EULA DO NOT USE THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS EULA.

All uses of any Genieo Inc products or services are subject to Genieo Inc’s Privacy Policy ("Privacy Policy") . By accepting this EULA, you represent that you are authorized to use the Software and accept the obligations set forth herein on your own behalf or on behalf of another person or entity. Any and all unauthorized use of the Software is strictly prohibited.

GENIEO INC RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO ALTER OR UPDATE THE SOFTWARE INCLUDING, WITHOUT LIMITATION, FEATURES, SPECIFICATIONS, CAPABILITIES, FUNCTIONS, LICENSING TERMS, RELEASE DATES, GENERAL AVAILABILITY OR OTHER CHARACTERISTICS.

By continuing to use the Software after any such changes, you agree to be bound by subsequent changes and acknowledge that Genieo Inc shall have no liability to you as a result of any such changes.

YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, CLICK ON THE "CANCEL" BUTTON AND DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

Licenses

Software license
Subject to this EULA and its terms and conditions, Genieo Inc hereby grants you a non-exclusive, non-transferable, non sub-licensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single computer, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

Service license
Subject to this EULA and its terms and conditions, Genieo Inc hereby grants you a non-exclusive, non-transferable, non sub-licensable, limited right and license to use the Services as provided by Genieo Inc, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.

License term
The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Genieo Inc's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.

Ownership; no other licenses
Genieo Inc retains all right, title and interest in and to the Genieo Inc. Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Genieo Inc Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Genieo Inc Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Genieo Inc. All rights not expressly granted to you herein are reserved by Genieo Inc.

Third party services
Genieo Inc's Services may include links to third party services and/or the third party services may be made available to you via Genieo Inc's Services. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.

Please take into consideration that the Software is based on Keka, an open source archiver. For further reading please visit Keka's website and its license - GNU General Public License version 3.0 (GPLv3).

General license conditions
You agree not to: (i) commercially exploit the Genieo Inc Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Genieo Inc Services, any copies thereof, or any passwords or usernames of Genieo Inc Services, without the express prior written consent of Genieo Inc or as set forth in this EULA; (iii) make a copy of the Genieo Inc Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Genieo Inc Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Genieo Inc Services or this EULA, use or install the Genieo Inc Services (or permit others to do same) on a network, for on-line use, or on more than one computer at the same time; (vi) use or copy the Genieo Inc Services at a computer gaming center or any other location-based site; provided, that Genieo Inc may offer you a separate site license agreement to make the Genieo Inc Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Genieo Inc Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Genieo Inc Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Genieo Inc Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Genieo Inc Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Genieo Inc Services.

However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only.

The Genieo Inc Services may include measures to control access to the Genieo Inc Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Genieo Inc Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Genieo Inc Services will not function properly.

The Genieo Inc Services may allow you to create content. In exchange for use of the Genieo Inc Services, and to the extent that your contributions through use of the Genieo Inc Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Genieo Inc an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Genieo Inc's and other users' use and enjoyment of such assets in connection with the Genieo Inc Services and related goods and services under applicable law. This license grant to Genieo Inc, and the above waiver of any applicable moral rights, survives any termination of this EULA.

The Genieo Inc Services may require an internet connection to access the Genieo Inc Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Genieo Inc Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Genieo Inc Services.

Information collection and use; privacy policy

By installing, accessing or using the Genieo Inc Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.

Genieo Inc respects your privacy rights and recognizes the importance of protecting any information collected about you. Genieo Inc's privacy policy as amended from time to time is available here ("Privacy Policy") and applicable to this EULA. Genieo Inc’s Privacy Policy defines how, why and to which extent Genieo Inc collects and uses personal and non-personal information in relation to Genieo Inc's products and services. By installing, accessing or using the Genieo Inc Services you explicitly agree with the terms and conditions of Genieo Inc’s Privacy Policy and to any terms and conditions included therein by reference.

Warranty

THE GENIEO Inc Services ARE PROVIDED TO YOU “AS IS”, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. GENIEO INC, ITS LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. GENIEO INC, ITS LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE GENIEO INC SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GENIEO INC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GENIEO INC SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER GENIEO INC SERVICES OR THAT ANY ERRORS IN THE GENIEO INC SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY GENIEO INC, ITS LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Limitation of liability

IN NO EVENT WILL GENIEO INC, ITS AFFILIATES, ITS LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE GENIEO INC SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT GENIEO INC, ITS LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, GENIEO INC's LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL GENIEO INC’s, ITS AFFILIATES', ITS LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GENIEO INC SERVICES OR TEN DOLLARS (10$), WHICHEVER LESS.

Governing law and jurisdiction

The Services are controlled by Genieo from its office within the state of Israel. By installing, accessing or using the Genieo Services you explicitly agree, that all matters relating to the Services shall be governed by the laws of the state of Israel, without regard to the conflicts of laws principles thereof.

The Services are controlled by Genieo from its office within the state of Israel. By installing, accessing or using the Genieo Services you explicitly agree, that all matters relating to the Services shall be governed by the laws of the state of Israel, without regard to the conflicts of laws principles thereof.

You and Genieo also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the state of Israel with respect to such matters. Genieo makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree not to initiate any class action against us, and seek remedies only personally.

Other terms and conditions

Termination
This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Genieo Inc Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.

Equitable remedies
You hereby agree that if the terms of this EULA are not specifically observed, Genieo Inc will be irreparably damaged, and therefore you agree that Genieo Inc shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.

Affiliate
For purposes of this EULA, an “affiliate” or Genieo Inc means any legal entity that is directly or indirectly controlled by Genieo Inc for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50% of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.

Indemnity
You agree to indemnify, defend and hold Genieo Inc, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Genieo Inc Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.

Miscellaneous
This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Genieo Inc reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Genieo Inc’s website. You will be deemed to have accepted such changes by continuing to use the Genieo Inc Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

The terms of this agreement may be revised from time to time at our sole discretion. The last revision will be reflected in the “Last modified” heading above.

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