|
|
|
 |
 |
Terms of Service |
 |
|
|
 |
Terms and conditions contained herein (the "Terms") constitute a legal and binding agreement between Midot Computerized Diagnostic Systems Ltd. ("Midot") and customers, users and any other person and/or entity (hereinafter referred to collectively as "Customer"). These terms will govern the use of Midot website(s), URL link(s), solution(s), and any database, information, hardware, hardcopy, software, products and services therein contained (the "System").
- License to Use
Midot hereby grants Customer a non-exclusive, non-transferable, non-assignable, personal license to use the System (the "License"). This license is subject to the Terms. Customer is not and will not become in anyway an owner of the System and/or any part thereof. The License is limited to Customers. Customer may not transfer the License and may not sublicense the License and/or assign any of Customers rights there-under. Customer may not develop and/or derive any data of Midot for commercial use and/or any other use other than for self-use under the Terms and subject to the License.
- Use of the System
Customer is allowed to use the System only for its designated purpose - an employee assessment and selection tool (such employee or potential employee hereinafter referred to as "User" or "Candidate"). Customer may not copy, distribute, perform, reproduce, publish, sublicense, and/or create derivative tests, software, products or services based on the System and/or any part thereof, and may not publicly display, transfer, sell or use in any other way the System and/or any information or content contained in the System or any part thereof without obtaining Midot's prior express written consent.
- Customer's Responsibility
Customer may only use the system and any part thereof for lawful purposes (under all applicable law). Customers may only use system for purposes of good faith selection of employees and not for any other purposes. Any use of the system which is or may be considered generally and/or under any applicable law, rules or regulations, as unlawful, harmful, offensive, defamatory, invasive of other's privacy and/or otherwise objectionable or discriminatory to a reasonable person, is strictly prohibited. Customer specifically agrees to refrain from providing any misleading and/or wrongful information to the System and/or allegedly based on the System. Customer hereby further warrants and undertakes:
a. Not to impersonate any other person and/or entity;
b. Not to post or transmit any data that contains any virus worms, Trojan horse software, and/or
 otherwise corrupted data;
c. Not to contaminate the System, not to cause nor allow unauthorized or unlicensed access to the
System for any purpose including the unauthorized retrieval of information or data;
d. Not to transmit nor to otherwise transfer any information that is or may infringe any patents,
trademarks, trade secrets, copyrights and/or any other proprietary rights of any third party.
- Changes of service
Midot reserves the right to modify the System and/or any part thereof and/or to partially, or completely, temporarily or permanently suspend or terminate any of the System's functions. A three day prior notice will be published on our web site in case of such a suspension or termination.
- Waiver of rights for revenues
Customer hereby waives any rights or claims of rights in the System as well as any claims of rights to any revenues, remuneration or benefits Midot may derive from the System and/or with connection to any content or any information Customer transmitted and/or otherwise delivered to Midot.
- Privacy Policy
By using the System, Customer may receive test results and/or any other private information regarding his own Candidates, and make available to Midot certain information about Customer's business and job requirements. Such information is made available by Customer and the Candidates and is used by Midot under these Terms and subject to the Privacy Policy, the terms and conditions thereof are incorporated herein by this reference and/or specified separately. Customer shall maintain the confidentiality of each and every Candidate and any information related thereto.
- System Security
Midot operates secure data networks protected by standard security protection systems. However, as most internet applications, the System is vulnerable to various security and privacy violations, data and information sent using the System may also be subject to privacy violations. Midot is in no way responsible for any such violations and/or invasion of Customer's privacy and/or for any direct and/or indirect (including consequential) results and/or damage and Customer hereby undertakes to hold Midot completely harmless in this respect. Customer further declares warrants and undertakes to refrain from any violation or attempted violation of the system and/or any other users thereof and in that respect, to refrain from: (i) accessing data not intended for Customer's use; (ii) attempting to probe, scan or test the vulnerability of the System or Midot's network and/or from breaching the System's security or authentication measures. Customer hereby declares that he or she is aware that violating the System and/or the privacy of another user / Customer thereof, may result in civil and/or criminal liability and be punishable by law. In case of such violations, Midot may terminate immediately, completely and/or partially Customer's use of the System, without any prior notice, while charging the Customer with any and all costs it may bare as a result (direct and/or indirect) of such violation. In any such case, Customer will also forfeit any rights he or she may have towards any refund of payments made by Customer that relate to the post termination period.
- Proprietary Rights
Midot Is the owner of all intellectual property rights (of any kind), including copyrights, in the System and/or any part thereof. Materials published by Midot on the System, may contain other proprietary notices or described products, services, processes or technologies owned by either Midot or other third parties. Nothing in these terms of use shall be construed to grant the Customer any license under any patent; copyright; trademark and/or any other form of intellectual property rights unless clearly and expressly stated so.
- Disclaimers & Limitations
Customer hereby assumes all responsibility and risk that may result due to the use of the System and the internet generally. The System and any part thereof can be used by Customer and or anyone on Customer's behalf - "as is", with all faults, and without any warranties, whether express and/or implied, given by Midot and/or anyone on Midot's behalf, including (but not limited to) - no warranties of merchantability and/or fitness for a particular purpose; and/or any other warranty regarding the System's quality, accuracy. Efficacy, completeness, performance and/or regarding the title of Midot in the System and/or lack of any infringements of any third party's proprietary rights.
Customer acknowledges that no advice or information given by Midot and/or anyone on its behalf shall be construed as modifying the terms of use herein or as to create any obligation for Midot and/or anyone on its behalf regarding any uninterrupted use, errors or "virus" free use of the System and of the internet in general. Customer or anyone on its behalf will hold Midot and anyone of Midot's behalf, harmless in that respect and regarding any other harmful components and effects the System may have on Customer's PC or software.
In any events and under all circumstances, Midot will not be liable for any damage arising out of or in any way connected with the use of the System or inability to use it, or for any information. Software, products and services obtained through the System or otherwise resulting from the use of the System and/or the internet in general. If in any case, this limitation of liability or the exclusions of any warranty prescribed above are found or held to be inapplicable, ineffective or unenforceable, then Midot's maximum liability for any type of damage will be limited to the cumulative sum that the specific Customer paid to Midot for use of the System.
- Termination
a. Both Midot and Customer reserve the right to terminate the services provided under these terms,
at any time and for any reason, subject to three days prior notice. In any such case any and all
rights Customer may have regarding the use of the System or any part thereof will terminate
automatically and Customer undertakes to immediately stop all use of the System or any part
thereof.
b. Customer hereby acknowledges that any breach on the part of the Customer of the terms set
forth herein are and will be deemed and considered a fundamental breach of warranty and
undertaking by Customer, which may cause Midot irreparable harm. Customer therefore hereby
agrees that in addition to any right or remedy to which Midot may be entitled, under these terms of
use and/or under any agreement or any applicable law, then in the event of such a breach, Midot
will be entitled to seek equitable relief, including (but not limited to) preliminary and/or permanent
injunctive relief, as well as money damages.
These terms represent the complete and entire agreement between Customer and Midot. No other stipulation or covenants, whether written or oral, shall be deemed binding and/or enforceable against Midot.
If Customer does not agree with these terms of use and/or any part thereof; he is hereby precluded from using the System and/or any part thereof.
|
|
