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Terms & Conditions

This License Agreement (“Agreement”) is between you and KNOWMAIL S.A.L. Ltd. (“Knowmail”). It specifies the terms and conditions governing your use of the Software. Please read this Agreement carefully. By clicking the acceptance button at the bottom of this Agreement, or by installing the Software, you accept, without limitations or qualifications, all of the terms and conditions of this Agreement. If You do not agree to (or cannot comply with) all of the terms and conditions of this Agreement, You may not install, ACCESS or otherwise USE the SOFTWARE.

1.      DEFINITIONS

Documentation” means the version of documentation provided to you (to the extent actually provided) by Knowmail with the Software, together with any Updates thereto that Knowmail may provide you, or otherwise makes available to you, from time to time, in Knowmail’s sole discretion.

Software” means the software named “Knowmail for Outlook” (as may be amended from time to time), whether provided to you, or otherwise made available to you (including at the following website: https://www.knowmail.me/), by Knowmail or any other person, and any derivative work thereof, with any associated and/or incorporated materials provided therein or therewith, as the case may be, including, without limitation, the Documentation (printed materials, and “online“ or electronic documentation), software modules, tools, executable files, add-ons, stencils, templates, filters, tutorials, help and other files that comprise or accompany the Software, together with all Updates thereto, to the extent that such Updates have been made available by Knowmail, from time to time, in its sole discretion.

Support Services” means the technical information and assistance provided by Knowmail pursuant to a Support Arrangement, if applicable.

Support Arrangement” means a separate arrangement entered into between you and Knowmail pursuant to which you may receive Support Services.

Update” means any new enhancement, upgrade, or extension to the Software that Knowmail makes generally available, in the normal course of business and in its sole discretion, to all or part of those customers of Knowmail for which Knowmail has resolved to grant licenses similar to the license granted hereunder and under similar terms.

2.      COPYRIGHT

The Software is protected by patent and copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Notwithstanding anything else to the contrary in this Agreement, you hereby acknowledge that the Software and any intellectual property and/or confidential information embedded in or otherwise provided as part of the Software is being licensed under the terms provided herein, and not sold, and no right, except to the limited license provided herein, is granted to you with respect to the Software and/or any of the aforementioned intellectual property and/or confidential information related to the Software.

3.      LICENSE GRANT

Subject to your compliance, in full and to the satisfaction of Knowmail, with all of the terms and conditions of this Agreement, Knowmail hereby grants you a non-exclusive, non-sublicensable, personal, non-transferable, revocable and limited right and license to install the Software and use the Software solely in accordance with the applicable Documentation and the features embedded within the Software. The Software may be utilized only for your personal usage, as provided herein. The license to use the Software currently provided to you free of charge.  However, Knowmail reserves the right, at any time, to start charging for the grant of said license. In such case, Knowmail will notify you in advance of the applicable fees and payment terms for the license, and your right to continue using the Software shall be subject to the payment of such fees.

4.      OWNERSHIP OF THE SOFTWARE

The foregoing provisions of Section 3 provide you a limited license to use the Software. Knowmail retains an exclusive ownership of any and all rights, title and interests in and to the Software and/or any intellectual property and/or confidential information embedded in the Software and/or related, directly or indirectly, to the Software and to any other proprietary materials that may be provided to you by Knowmail. You hereby acknowledge and agree that any and all rights, title and interests, including, without limitation, all copyrights, trademarks, trade names, logos and service marks, trade secrets, know-how, patents, designs and algorithms, utility models, and all improvements thereto, and any other intellectual property incorporated in and/or otherwise related to the Software, including but not limited to any images, photographs, animations, video, audio, music, text, and “applets”, and any copies of the Software and any other form of derivative work thereof is and will be owned solely by Knowmail. All rights not specifically granted to you under this Agreement are hereby explicitly reserved by Knowmail.

5.      RESTRICTIONS

Except for the scope of use permitted in accordance with the terms of this Agreement and the Documentation, copying of the Software or any portion and/or component thereof, including Software that has been modified or incorporated into or with other software, is expressly forbidden. In case of any permitted copy of the Software, you must reproduce and include any copyright notice, patent notice, product identification, and any other notice that appears on or in the Software, or on any media containing the Software (to the extent applicable). You will not (and will not allow any third party to) (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover, by any means whatsoever, any source code or underlying ideas or algorithms of the Software; (ii) remove any product identification, copyright, reference for patent or other notices; (iii) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use the Software for the benefit of third parties; (iv) except as specified in the applicable Documentation, modify, incorporate into or with other software or create a derivative work of any part of the Software; or (v) use the Software after the termination of this Agreement.

6.      SUPPORT SERVICES

Knowmail may offer you, in its sole discretion, its Support Services. Such Support Services shall be provided to you in accordance with the terms of the Support Arrangement. Any supplemental software provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information that you provide to Knowmail as part of the Support Services or otherwise, Knowmail may use such information for its business purposes, including for product support and development, and you hereby give Knowmail a non-exclusive, perpetual, royalty free and worldwide license to make any use it desires in connection with such information.

7.      COMPLIANCE WITH LAWS

You must, and hereby agree to, comply with all applicable laws regarding the use of the Software.

8.      TERMINATION

Knowmail reserves the right to terminate this Agreement at any time, and cancel or suspend the license to use the Software at any time, with or without cause, upon notice by Knowmail to you. Upon such termination, you must immediately cease all use of the Software and other information and/or materials provided by Knowmail and delete and destroy all copies of the Software and such other information and/or materials (whether or not modified or incorporated with or into other software) and so certify to Knowmail of your compliance with the above, to the following address: https://www.knowmail.me/support/contact-support/. Except for the license granted hereunder, as described in Section 3 of this Agreement, the terms of this Agreement shall survive the termination or expiration thereof.  You acknowledge that termination is not Knowmail’s exclusive remedy, and all other remedies will be available to Knowmail whether or not this Agreement is terminated or expired.

You may terminate your use of the Software at any time and for whatever reason by deleting the Software from your server.

9.      DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE AND ALL INFORMATION AND/OR MATERIALS PROVIDED BY KNOWMAIL ARE PROVIDED “AS IS” AND KNOWMAIL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS OR PERFORMANCE OF THE SOFTWARE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, INCLUDING NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. KNOWMAIL DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM DEFECTS, OR THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. KNOWMAIL IS NOT RESPONSIBLE AND HAS NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY IT OR BY ANY OTHER PERSON. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING AS TO THE ADEQUAT QUALITY AND/OR ACCURACY OF THE SOFTWARE, REMAINS WITH YOU, AND YOU EXPRESSLY ASSUME ALL RESPONSIBILITY FOR ANY DAMAGES, INCLUDING THE LOST DATA, LOST PROFITS AND OTHER DIRECT AND INDIRECT DAMAGES, THAT MAY RESULT IN ANY WAY OUT OF THIS AGREEMENT AND/OR THE USE OF THE SOFTWARE. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU HEREBY ACKNOWLEDGE THAT KNOWMAIL DOES NOT WARRANT OR GUARANTY THE SECURITY OF THE SOFTWARE OR OF COMMUNICATIONS MADE USING THE SOFTWARE, AND YOU ASSUME ALL RISKS ASSOCIATED WITH THE SAME. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE MAY, IN ORDER TO PERFORM ITS FUNCTION, MODIFY THE CONFIGURATION OF THE COMPUTER SOFTWARE AND DEVICES INSTALLED ON YOUR COMPUTER/SERVER.

10.      LIMITATION OF LIABILITY

To the maximum extent permitted by THE applicable law, in no event will KNOWMAIL or any of its suppliers, EMPLOYEES, CONSULTANTS, SHAREHOLDERS AND OTHERS ACTING ON ITS BEHALF OR RELATED THEREWITH be liable under any legal theory (including, without limitation, contract, tort, OR strict liability) for any DAMAGES WHATSOEVER, WHETHER DIRECT OR indirect (including, special, incidental, and/or consequential) damages OR OTHERWISE (including, without limitation, damages for loss of business profits, business interruption, loss of business information, corruption or loss of data, cost of procurement of substitute goods, services, or technology) arising out of the subject matter of this Agreement, OR ANY RELATED AGREEMENT FOR SUPPORT SERVICES ENTERED INTO BY THE PARTIES (UNLESS STATED OTHERWISE IN the applicable SUPPORT ARRANGEMENT), even if KNOWMAIL has been advised of the possibility of such damages. In any case, TO THE EXTENT NOT EXCLUDED IN THIS AGREEMENT, knowmail’s maximum liability for damages arising under this Agreement, shall be limited to the AMOUNT OF FIVE (5) us DOLLARS.

11.      CONFIDENTIALITY

Except as expressly allowed in this Agreement, you will not disclose information and/or materials disclosed to you by Knowmail, including any technology, idea, algorithm or information related to the Software. This obligation of confidentiality shall extend for a period of three (3) years after termination or expiration of this Agreement. However, you may disclose the existence of this Agreement and that you are an existing customer of Knowmail. You further agree to treat as confidential and not to disclose to any third party any information related to an alleged defect, bug or malfunction of the Software or the related technology associated with the Software. You acknowledge that unauthorized disclosure or use of such information will diminish the value of the proprietary interests that are the subject of this Agreement and might cause irreparable harm to Knowmail. If you breach any of your obligations hereunder, in addition to any other right or remedy that it may be available to it, Knowmail will have the right to seek and obtain an immediate injunctive relief to enforce obligations under this Section without the necessity of proving actual damages and without the necessity of posting bond or making any undertaking in connection therewith.

12.      COLLECTION AND USE OF DATA

12.1.                Preface

Knowmail is committed to protecting the privacy of its users. This clause has been drafted in order to inform you about how Knowmail manages, collects, stores and uses the information you provide it in connection with your use of the Software.

12.2.                Nature of Information Collected & Purpose

Knowmail may collect certain information regarding your use of the Software. Such information may be of both personal and non-personal nature. Currently, the only personal information which Knowmail collects from you is your email address, which is provided by you as part of your registration process. Your email address will be used as an email identifier, in order to enable you to use the Software, and in order to enable Knowmail to contact you with respect to the Software, this Agreement and commercial proposals for Knowmail’s products. In addition, the Software tracks and reports to Knowmail certain data regarding your use of the Software (mainly, the time you invested working with you email, the period of time for reply emails, and other behavioral patters regarding your use of the Software). Any collection or use of said information will be anonymous and aggregate and in a form that does not personally identifies you. This anonymous, statistical or aggregated information will only be used to improve Knowmail’s products and services and for further internal, commercial and statistical purposes. Knowmail may also use such anonymous, statistical or aggregated information, in a form that does not personally identifies you, by posting, disseminating, transmitting or otherwise communicating or making available such information to other users of the Software, to Knowmail’s service providers, partners and any other third party.

However, note that if non-personal information is collected for an activity that also requires personal information, Knowmail may combine your non-personal information with your personal information in an attempt to provide you with a better user experience, to improve the value and quality of the Software and to analyze how the Software is being used.

Other than as provided herein, Knowmail does not rent, sell, share, or trade your personal information with third parties, and will not make use of your information for any purpose, other than the purposes indicated above. However, Knowmail may share your information in the following circumstances:

12.2.1.      Within Knowmail, and, to the extent applicable, with its affiliates;

12.2.2.      With business partners, service vendors, authorized third-party agents or contractors in order to provide a requested service or transaction, including intelligence and analytics services and hosting services. If applicable, Knowmail shall provide these third parties with only the minimum amount of information necessary to complete/provide the requested service or transaction;

12.2.3.      In order to comply with the law or a legal process (such as responding to subpoenas or court orders) and to exercise Knowmail’s legal rights or defend against legal claims;

12.2.4.      In order to investigate, prevent, or take action regarding illegal activities.

12.2.5.      To a third party as part of a sale of the assets of Knowmail, a subsidiary, or division, or as the result of a change in control of Knowmail or one of its affiliates, or in preparation for any of these events.

12.3.      Consent

By installing and using the Software, you expressly consent and agree to collection and use of such information by Knowmail, as described above, and waive any and all claims you may have in this respect. In addition, you hereby acknowledge that the information may be stored and processed by Knowmail and/or its agents at servers around the world, and you hereby give your consent to Knowmail to transfer your abovementioned information to be stored and processed in such servers around the world, including in Israel, Europe and U.S.A.

12.4.      Contact Knowmail

If you would like to contact Knowmail regarding any matter covered under this Agreement, please contact Knowmail at support@knowmail.me.

13.   MISCELLANEOUS

You may not assign or transfer the license granted hereunder or any other right or obligation you may have under this Agreement without the prior written consent of Knowmail. Any attempt to do so in violation of the foregoing shall be void. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. No failure to exercise, and no delay in exercising, on the part of Knowmail, any privilege, any power or any right hereunder will operate as a waiver thereof or constitute the basis for any form of estoppels. Except as provided below, any waivers or amendments to this Agreement shall be effective only if made in writing signed by a representative of Knowmail that is authorized to bind Knowmail. Knowmail may amend this Agreement or any portion thereof in its sole discretion, and you will have reasonable notice thereof, including, without limitation by posting an amended version of this Agreement on its website, in such case, Knowmail shall indicate the date in which this Agreement was last modified, and you shall have the sole responsibility to review such amended version of Agreement. The amended terms and conditions of the Agreement shall bind you as of their effective date or their publication, the later thereof. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of, the State of Israel, without regard to conflicts of laws provisions thereof and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods. You hereby agree to the exclusive jurisdiction of the courts located in Tel-Aviv-Jaffa, Israel, for all disputes relating to or arising out of this Agreement, including issues relating to the Software. Unless provided otherwise by a different agreement between the parties, you and Knowmail agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement, the supply of the Software and use thereof in particular. YOU acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material part of, and by your acceptance are also deemed as bargained in respect of, this Agreement and that You and KNOWMAIL have taken them into account in determining the benefits of, and other reasons to ENTER into, this Agreement.

Last update: January 31, 2017

End User License Agreement

This License Agreement (“Agreement”) is between you and KNOWMAIL S.A.L. Ltd. (“Knowmail”). It specifies the terms and conditions governing your use of the Software. Please read this Agreement carefully. By clicking the acceptance button at the bottom of this Agreement, or by installing the Software, you accept, without limitations or qualifications, all of the terms and conditions of this Agreement. If You do not agree to (or cannot comply with) all of the terms and conditions of this Agreement, You may not install, ACCESS or otherwise USE the SOFTWARE.

1.      DEFINITIONS

Documentation” means the version of documentation provided to you (to the extent actually provided) by Knowmail with the Software, together with any Updates thereto that Knowmail may provide you, or otherwise makes available to you, from time to time, in Knowmail’s sole discretion.

Software” means the software named “Knowmail for Outlook” (as may be amended from time to time), whether provided to you, or otherwise made available to you (including at the following website: https://www.knowmail.me/), by Knowmail or any other person, and any derivative work thereof, with any associated and/or incorporated materials provided therein or therewith, as the case may be, including, without limitation, the Documentation (printed materials, and “online“ or electronic documentation), software modules, tools, executable files, add-ons, stencils, templates, filters, tutorials, help and other files that comprise or accompany the Software, together with all Updates thereto, to the extent that such Updates have been made available by Knowmail, from time to time, in its sole discretion.

Support Services” means the technical information and assistance provided by Knowmail pursuant to a Support Arrangement, if applicable.

Support Arrangement” means a separate arrangement entered into between you and Knowmail pursuant to which you may receive Support Services.

Update” means any new enhancement, upgrade, or extension to the Software that Knowmail makes generally available, in the normal course of business and in its sole discretion, to all or part of those customers of Knowmail for which Knowmail has resolved to grant licenses similar to the license granted hereunder and under similar terms.

2.      COPYRIGHT

The Software is protected by patent and copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Notwithstanding anything else to the contrary in this Agreement, you hereby acknowledge that the Software and any intellectual property and/or confidential information embedded in or otherwise provided as part of the Software is being licensed under the terms provided herein, and not sold, and no right, except to the limited license provided herein, is granted to you with respect to the Software and/or any of the aforementioned intellectual property and/or confidential information related to the Software.

3.      LICENSE GRANT

Subject to your compliance, in full and to the satisfaction of Knowmail, with all of the terms and conditions of this Agreement, Knowmail hereby grants you a non-exclusive, non-sublicensable, personal, non-transferable, revocable and limited right and license to install the Software and use the Software solely in accordance with the applicable Documentation and the features embedded within the Software. The Software may be utilized only for your personal usage, as provided herein. The license to use the Software currently provided to you free of charge.  However, Knowmail reserves the right, at any time, to start charging for the grant of said license. In such case, Knowmail will notify you in advance of the applicable fees and payment terms for the license, and your right to continue using the Software shall be subject to the payment of such fees.

4.      OWNERSHIP OF THE SOFTWARE

The foregoing provisions of Section 3 provide you a limited license to use the Software. Knowmail retains an exclusive ownership of any and all rights, title and interests in and to the Software and/or any intellectual property and/or confidential information embedded in the Software and/or related, directly or indirectly, to the Software and to any other proprietary materials that may be provided to you by Knowmail. You hereby acknowledge and agree that any and all rights, title and interests, including, without limitation, all copyrights, trademarks, trade names, logos and service marks, trade secrets, know-how, patents, designs and algorithms, utility models, and all improvements thereto, and any other intellectual property incorporated in and/or otherwise related to the Software, including but not limited to any images, photographs, animations, video, audio, music, text, and “applets”, and any copies of the Software and any other form of derivative work thereof is and will be owned solely by Knowmail. All rights not specifically granted to you under this Agreement are hereby explicitly reserved by Knowmail.

5.      RESTRICTIONS

Except for the scope of use permitted in accordance with the terms of this Agreement and the Documentation, copying of the Software or any portion and/or component thereof, including Software that has been modified or incorporated into or with other software, is expressly forbidden. In case of any permitted copy of the Software, you must reproduce and include any copyright notice, patent notice, product identification, and any other notice that appears on or in the Software, or on any media containing the Software (to the extent applicable). You will not (and will not allow any third party to) (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover, by any means whatsoever, any source code or underlying ideas or algorithms of the Software; (ii) remove any product identification, copyright, reference for patent or other notices; (iii) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use the Software for the benefit of third parties; (iv) except as specified in the applicable Documentation, modify, incorporate into or with other software or create a derivative work of any part of the Software; or (v) use the Software after the termination of this Agreement.

6.      SUPPORT SERVICES

Knowmail may offer you, in its sole discretion, its Support Services. Such Support Services shall be provided to you in accordance with the terms of the Support Arrangement. Any supplemental software provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information that you provide to Knowmail as part of the Support Services or otherwise, Knowmail may use such information for its business purposes, including for product support and development, and you hereby give Knowmail a non-exclusive, perpetual, royalty free and worldwide license to make any use it desires in connection with such information.

7.      COMPLIANCE WITH LAWS

You must, and hereby agree to, comply with all applicable laws regarding the use of the Software.

8.      TERMINATION

Knowmail reserves the right to terminate this Agreement at any time, and cancel or suspend the license to use the Software at any time, with or without cause, upon notice by Knowmail to you. Upon such termination, you must immediately cease all use of the Software and other information and/or materials provided by Knowmail and delete and destroy all copies of the Software and such other information and/or materials (whether or not modified or incorporated with or into other software) and so certify to Knowmail of your compliance with the above, to the following address: https://www.knowmail.me/support/contact-support/. Except for the license granted hereunder, as described in Section 3 of this Agreement, the terms of this Agreement shall survive the termination or expiration thereof.  You acknowledge that termination is not Knowmail’s exclusive remedy, and all other remedies will be available to Knowmail whether or not this Agreement is terminated or expired.

You may terminate your use of the Software at any time and for whatever reason by deleting the Software from your server.

9.      DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE AND ALL INFORMATION AND/OR MATERIALS PROVIDED BY KNOWMAIL ARE PROVIDED “AS IS” AND KNOWMAIL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS OR PERFORMANCE OF THE SOFTWARE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, INCLUDING NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. KNOWMAIL DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM DEFECTS, OR THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. KNOWMAIL IS NOT RESPONSIBLE AND HAS NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY IT OR BY ANY OTHER PERSON. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING AS TO THE ADEQUAT QUALITY AND/OR ACCURACY OF THE SOFTWARE, REMAINS WITH YOU, AND YOU EXPRESSLY ASSUME ALL RESPONSIBILITY FOR ANY DAMAGES, INCLUDING THE LOST DATA, LOST PROFITS AND OTHER DIRECT AND INDIRECT DAMAGES, THAT MAY RESULT IN ANY WAY OUT OF THIS AGREEMENT AND/OR THE USE OF THE SOFTWARE. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU HEREBY ACKNOWLEDGE THAT KNOWMAIL DOES NOT WARRANT OR GUARANTY THE SECURITY OF THE SOFTWARE OR OF COMMUNICATIONS MADE USING THE SOFTWARE, AND YOU ASSUME ALL RISKS ASSOCIATED WITH THE SAME. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE MAY, IN ORDER TO PERFORM ITS FUNCTION, MODIFY THE CONFIGURATION OF THE COMPUTER SOFTWARE AND DEVICES INSTALLED ON YOUR COMPUTER/SERVER.

10.      LIMITATION OF LIABILITY

to the maximum extent permitted by THE applicable law, in no event will KNOWMAIL or any of itS suppliers, EMPLOYEES, CONSULTANTS, SHAREHOLDERS AND OTHERS ACTING ON ITS BEHALF OR RELATED THEREWITH be liable under any legal theory (including, without limitation, contract, tort, OR strict liability) for any DAMAGES WHATSOEVER, WHETHER DIRECT OR indirect (including, special, incidental, and/or consequential) damages OR OTHERWISE (including, without limitation, damages for loss of business profits, business interruption, loss of business information, corruption or loss of data, cost of procurement of substitute goods, services, or technology) arising out of the subject matter of this Agreement, OR ANY RELATED AGREEMENT FOR SUPPORT SERVICES ENTERED INTO BY THE PARTIES (UNLESS STATED OTHERWISE IN the applicable SUPPORT ARRANGEMENT), even if KNOWMAIL has been advised of the possibility of such damages. In any case, TO THE EXTENT NOT EXCLUDED IN THIS AGREEMENT, knowmail’s maximum liability for damages arising under this Agreement, shall be limited to the AMOUNT OF FIVE (5) us DOLLARS.

11.      CONFIDENTIALITY

Except as expressly allowed in this Agreement, you will not disclose information and/or materials disclosed to you by Knowmail, including any technology, idea, algorithm or information related to the Software. This obligation of confidentiality shall extend for a period of three (3) years after termination or expiration of this Agreement. However, you may disclose the existence of this Agreement and that you are an existing customer of Knowmail. You further agree to treat as confidential and not to disclose to any third party any information related to an alleged defect, bug or malfunction of the Software or the related technology associated with the Software. You acknowledge that unauthorized disclosure or use of such information will diminish the value of the proprietary interests that are the subject of this Agreement and might cause irreparable harm to Knowmail. If you breach any of your obligations hereunder, in addition to any other right or remedy that it may be available to it, Knowmail will have the right to seek and obtain an immediate injunctive relief to enforce obligations under this Section without the necessity of proving actual damages and without the necessity of posting bond or making any undertaking in connection therewith.

12.      COLLECTION AND USE OF DATA

12.1.      Preface

Knowmail is committed to protecting the privacy of its users. This clause has been drafted in order to inform you about how Knowmail manages, collects, stores and uses the information you provide it in connection with your use of the Software.

12.2.      Nature of Information Collected & Purpose

Knowmail may collect certain information regarding your use of the Software. Such information may be of both personal and non-personal nature. Currently, the only personal information which Knowmail collects from you is your email address, which is provided by you as part of your registration process. Your email address will be used as an email identifier, in order to enable you to use the Software, and in order to enable Knowmail to contact you with respect to the Software, this Agreement and commercial proposals for Knowmail’s products. In addition, the Software tracks and reports to Knowmail certain data regarding your use of the Software (mainly, the time you invested working with you email, the period of time for reply emails, and other behavioral patters regarding your use of the Software). Any collection or use of said information will be anonymous and aggregate and in a form that does not personally identifies you. This anonymous, statistical or aggregated information will only be used to improve Knowmail’s products and services and for further internal, commercial and statistical purposes. Knowmail may also use such anonymous, statistical or aggregated information, in a form that does not personally identifies you, by posting, disseminating, transmitting or otherwise communicating or making available such information to other users of the Software, to Knowmail’s service providers, partners and any other third party.

However, note that if non-personal information is collected for an activity that also requires personal information, Knowmail may combine your non-personal information with your personal information in an attempt to provide you with a better user experience, to improve the value and quality of the Software and to analyze how the Software is being used.

Other than as provided herein, Knowmail does not rent, sell, share, or trade your personal information with third parties, and will not make use of your information for any purpose, other than the purposes indicated above. However, Knowmail may share your information in the following circumstances:

12.2.1.      Within Knowmail, and, to the extent applicable, with its affiliates;

12.2.2.      With business partners, service vendors, authorized third-party agents or contractors in order to provide a requested service or transaction, including intelligence and analytics services and hosting services. If applicable, Knowmail shall provide these third parties with only the minimum amount of information necessary to complete/provide the requested service or transaction;

12.2.3.      In order to comply with the law or a legal process (such as responding to subpoenas or court orders) and to exercise Knowmail’s legal rights or defend against legal claims;

12.2.4.      In order to investigate, prevent, or take action regarding illegal activities.

12.2.5.      To a third party as part of a sale of the assets of Knowmail, a subsidiary, or division, or as the result of a change in control of Knowmail or one of its affiliates, or in preparation for any of these events.

12.3.      Consent

By installing and using the Software, you expressly consent and agree to collection and use of such information by Knowmail, as described above, and waive any and all claims you may have in this respect. In addition, you hereby acknowledge that the information may be stored and processed by Knowmail and/or its agents at servers around the world, and you hereby give your consent to Knowmail to transfer your above mentioned information to be stored and processed in such servers around the world, including in Israel, Europe and U.S.A.

12.4.      CONTACT KNOWMAIL

If you would like to contact Knowmail regarding any matter covered under this Agreement, please contact Knowmail at support@knowmail.me.

13.      MISCELLANEOUS

You may not assign or transfer the license granted hereunder or any other right or obligation you may have under this Agreement without the prior written consent of Knowmail. Any attempt to do so in violation of the foregoing shall be void. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. No failure to exercise, and no delay in exercising, on the part of Knowmail, any privilege, any power or any right hereunder will operate as a waiver thereof or constitute the basis for any form of estoppels. Except as provided below, any waivers or amendments to this Agreement shall be effective only if made in writing signed by a representative of Knowmail that is authorized to bind Knowmail. Knowmail may amend this Agreement or any portion thereof in its sole discretion, and you will have reasonable notice thereof, including, without limitation by posting an amended version of this Agreement on its website, in such case, Knowmail shall indicate the date in which this Agreement was last modified, and you shall have the sole responsibility to review such amended version of Agreement. The amended terms and conditions of the Agreement shall bind you as of their effective date or their publication, the later thereof. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of, the State of Israel, without regard to conflicts of laws provisions thereof and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods. You hereby agree to the exclusive jurisdiction of the courts located in Tel-Aviv-Jaffa, Israel, for all disputes relating to or arising out of this Agreement, including issues relating to the Software. Unless provided otherwise by a different agreement between the parties, you and Knowmail agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement, the supply of the Software and use thereof in particular. YOU acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material part of, and by your acceptance are also deemed as bargained in respect of, this Agreement and that You and KNOWMAIL have taken them into account in determining the benefits of, and other reasons to ENTER into, this Agreement.

Privacy Policy

This Privacy Policy governs the manner in which Knowmail collects, uses, maintains and discloses information collected from users (each, a “User”) of the www.knowmail.me website (“Site”). This privacy policy applies to the Site and digital assets. Please visit the other policies per the specific services.

Personal identifiable information:

We may collect personal identifiable information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identifiable information:

We may collect non-personal identifiable information about Users whenever they interact with our Site. Non-personal identifiable information may include the browser name, the type of computer and technical information about Users’ means of connecting to our Site, such as the operating system and the Internet service providers utilized and other similar information. Web browser cookies Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information:

Knowmail may collect and use Users personal information for the following purposes:

– To improve customer service Information you provide helps us respond to your customer service requests and support needs more efficiently.

– To send periodic emails. If a User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so through account preferences included in such emails or contact us via our Site.

How we protect your information:

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing your personal information:

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identifiable information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Changes to this privacy policy:

Knowmail has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms:

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us:

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: support@knowmail.me

This document was last updated on January 16, 2017

Privacy Policy: Cortana

Knowmail S.A.L Ltd. and its affiliates (collectively, “Knowmail“, “We” or “Us“) are committed to protecting the privacy of its users and business partners (“Users” or “You“). This Privacy Policy (“Privacy Policy“) has been created to inform you about how We manage, collect, store and use the information You provide in connection with our Software-as-a-Service solution (“Services“) and also describes the measures We take to protect the security of the information and how individuals can contact Us about our privacy practices.

Please note that the scope of this Privacy Policy is limited only to information collected by us through your use of the Services (whether such use is through any computer used to access the Services, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device) or through information provided by You during your use of Microsoft’s “Cortana” but does not include third party products or services that you may choose to integrate with our Services. You should always review the policies of third party products and services to make sure you are comfortable with the ways in which they collect and use your information.

By using the Services, you agree to the collection, transfer, processing, storage, disclosure and use of your personal information as outlined in this Privacy Policy. If at any time Knowmail decides to retain or use Personal Information in a different manner, we will notify our customers by way of an e-mail or by posting a notice on our website. Your continued use of the Service following such notice shall be deemed to be acceptance of any updates or changes we make to this Privacy Policy and as such, we encourage You to consult the Privacy Policy regularly for changes.

 

  1. What Information is Collected from You

Knowmail may collect two types of information about You in connection with the Services:

Personal Information” – means information about you that can be used to contact or identify you. The Personal Information types collected in accordance with the Services may vary depending on the activity and may, for example, include your name, your “Microsoft Cortana” user identification details, and your e-mail address. Knowmail may collect Personal Information when You use the Services including, without limitation, setting up account information, filling out surveys, corresponding with Knowmail, or otherwise volunteering information about You.

Non-Personal Information” – means information that, when taken alone, cannot be used to identify or contact you. Knowmail may collect Non-Personal Information through any of the methods discussed above as well as automatically or otherwise through Your use of the Services.

 

  1. How We Collect Your Information

Knowmail may collect Personal Information and Non-Personal Information from You through the following methods:

  1. Registration. Knowmail may require certain Personal Information and Non-Personal Information to enable certain features or functionality of the Services or otherwise provide the Services to You. Please note that failure to provide all information required by Knowmail under the account settings may prevent access to any or all of the Services, and failure to maintain accurate information may result in suspension or termination of access to or use of any or all of the Services.
  2. Information Collected Through Technology. In order to provide You the Services, You may be required to enter a user ID and password in order to access Your account in Cortana and agree that Cortana may provide us with access (via a “token” or other similar methods) to your account, but it is clarified that We do not receive your actual password and credentials. Knowmail may automatically collect details of the date and time that You log in and log out of Your accounts.
  3. Information Provided By You. During the course of the business relationship between Knowmail and You, You may provide Knowmail with certain Personal Information (including without limitation contact information) and Non-Personal Information to enable You to utilize the Services and to allow Knowmail to provide You with the Services.

 

  1. How We Use Your Information

Knowmail may use Information collected from You as follows:

  1. System Administration and Providing Services. Knowmail may use Personal and Non-Personal Information in furtherance of providing You with the Services and administering, supporting, troubleshooting technical problems, protecting, and improving the Services, ensuring proper functioning of our products and services and for purposes of communicating with You.
  2. Notices to You. Knowmail may use Personal Information to send e-mails to You related to the Services (including Your accounts thereunder) whether directly or through Cortana, including confirmation to verify the accuracy of any information You have provided and to provide any instructions or assistance related to the Services and/or Your use thereof. Knowmail may also send emails to You to verify your respective identity and/or to notify You if Knowmail believes Your use of the Services violates any applicable agreement between You and Knowmail related to the Services.
  3. Combining Anonymous Data. To the extent permitted by applicable law, Knowmail may combine the various types of data that it collects with other data that Knowmail collects from You and Knowmail’s other customers and business partners in an anonymous and aggregate manner and in a form that does not personally identifies You. This anonymous, statistical or aggregated information will be used to improve Knowmail’s products and services and may also be provided to Knowmail’s business partners.

 

  1. Data Storage; Transference of Your Information

Knowmail is a global corporation with operations in several countries. We have developed global data practices designed to assure Personal Information is appropriately protected. Knowmail or Microsoft may store data collected in connection with the Services on servers located around the world in various locations including, without limitation, parts of the United States of America, Asia and the European Economic Area. While our primary data center is currently in the United States we may transfer Personal Information to offices outside of the United States. In addition, we may employ other companies and individuals to perform functions on our behalf. If we disclose Personal Information to a third party or to Knowmail employees outside of the United States, we will ensure that such party has agreed to assure adequate protection of such Personal Information.

If you are using the Services and are from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Information to the United States. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy. By providing us with Personal Information in accordance with this Privacy Policy, you waive any claims you may have concerning such transfer of your Personal Information.

 

  1. Disclosure of Your Personal Information

We may disclose your Personal Information to Microsoft to the extent Your use of the Services is related to Your use of Microsoft “Cortana”.

You understand and agree that we may be required to disclose personal information if required to do so by law or in the belief that such disclosure is reasonably necessary to avoid liability, to comply with legal process, including, but not limited to a subpoena, statute, search warrant, or court order, to complu with a law enforcement or intelligence investigation, or to protect our, or a third party’s, property and rights, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

We may also disclose information about you if we determine that such disclosure is reasonably necessary to enforce the terms and conditions of the Services or to protect our operations or users. In all cases of data access and collection, the personal information you provide will not be disclosed, rented, loaned, leased, sold, or otherwise voluntarily distributed to unaffiliated third parties (other than to Microsoft to the extent Your use of the Services is related to Your use of Microsoft’s “Cortana”), nor will We share Personal Information about You with third parties for their marketing purposes (including direct marketing purposes) without your permission. Please note that we may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

 

  1. Third Party Service Providers

We may employ third party companies and individuals to facilitate the Services or any portion thereof, to provide the Services or any portion thereof on its behalf, to perform tasks (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services) or to assist us in analyzing how the Services are used or to monitor user engagement or collect feedback concerning Us and our Services. We may transfer Personal Information to such third parties for such purposes pursuant to appropriate privacy commitments. You agree to be contacted by such third parties for such purposes.

From time to time, we may employ third party contractors to collect Personal Information on our behalf to provide e-mail delivery, product or promotional fulfillment or other services through the Services. When requesting these services, you may be asked to supply your name, mailing address, telephone number and e-mail address to those contractors. We may ask some third party contractors, such as, data analytics or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies.

  1. Safeguarding Your Information

Security Measures. Knowmail is committed to ensuring the security of the Personal Information that it processes. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of Personal Information, we have adopted appropriate physical, electronic, and administrative procedures to safeguard and secure the Personal Information we process. Knowmail strives to protect the privacy of the Personal Information it processes. In the event of an inadvertent disclosure, Knowmail will use commercially reasonable steps to limit and remedy the disclosure. However, Knowmail cannot guarantee that unauthorized third parties will never be able to bypass those procedures or use Personal Information for improper purposes. It is Your responsibility to safeguard all passwords and user IDs that You use to access Your account and to notify Knowmail immediately if You know or suspect that the secrecy of any such passwords and/or user IDs have been compromised. You are solely responsible for any and all unauthorized use of Your account conducted via the passwords and user ID’s.

  1. Changing or Deleting Your Information

We will retain your information for as long as your account is active or as needed to provide you with the Services, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you would like us to change or delete your records in our system, please contact us at support@knowmail.me and we will attempt to accommodate your request but only to the extent such activities will not compromise privacy or security interests and only to the extent we are not legally obligated to retain such records. Please note that it may be impossible to entirely delete entries without some residual information being retained due to the manner in which data backups are maintained by Knowmail or its suppliers.

 

  1. Privacy of Minors

Knowmail is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. We do not knowingly collect personal information from children under the age of 13 and Knowmail does not target its website or its products to children under such age group.

Please let us know of any activity you have encountered, or reasonably suspect, by children under the age of 13.

 

  1. Contact Us

Knowmail strives to collect and use personal information in a manner consistent with the laws of the countries in which it does business. If you have questions or concerns regarding this Privacy Policy or any other issue regarding the Services please contact us at: support@knowmail.me.

Last update: May, 2017

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