ATERA NETWORKS Ltd.
TERMS OF USE
Acceptance of Terms
The following consists of the terms and conditions ("Terms of Use"/"Agreement") governing the access to and use of the Atera Networks Ltd.’s ("Atera") Web site (the "Site") and the Atera proprietary software, services, information, tools, features and functionality know as AlphaControl available on the Site (the "Services”). By accessing this Site, you acknowledge that you have read, understand, and agree to abide by the terms described herein. If you do not understand or agree to these terms, you should immediately exit this Site. If you continue using this Site you accept and agree to these Terms of Use. These Terms of Use are a binding agreement between you and Atera. Your use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by you. Atera may modify these Terms of Use at any time and without prior notice. You should review the most current version of this document by visiting acontrol.atera.com and clicking on Terms of Use.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN DO NOT USE THE SITE AND SERVICES.
1. Title & Ownership. The Site and Services are and shall remain exclusively the property of Atera and/or its licensors. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Site and Services, are and shall be owned exclusively by Atera and/or its licensor. This Agreement does not convey to you an interest in or to the Services, but only a limited right of use revocable in accordance with the terms hereof. "Intellectual Property Rights" means worldwide (a) patents, patent applications and patent rights; (b) rights associated with works of authorship, including copyrights, copyright applications, copyright restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets, confidential information, ideas; (d) moral rights; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired..
2. License. Subject to the terms and conditions set forth herein, Licensor hereby grants you a nonexclusive, non-transferable (without the right to sub-license), limited and fully revocable (in accordance with the terms hereof) license to access the Services, described in the accompanying technical user guide and the limitations under Terms of Use set forth herein. The Software shall not be used for any other purposes.
3. Personal, Internal Business or Limited Commercial Use Only. Without derogating from Sections 2 and 4 herein, the Service is made available to you for your internal business use; or if you are a Managed Service Provider ("MSP"), or Value Added Reseller ("VAR”), use in the commercial support of your customers, in compliance with all applicable laws, rules and regulations. If you want to make any other commercial use of the Service, including but not limited to selling or distributing the Service for payment, you must enter into a written agreement with Atera or obtain Atera's written permission in advance. If you are asked to register you must provide complete and accurate identification, contact, and other information required as part of the registration process. Atera reserves the right, in its sole discretion, to refuse or discontinue participation to any user at any time. Except as expressly provided in these Terms of Use, no part of the Service, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed or linked to in any way (including "mirroring" and "framing") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Atera's express prior written consent.
4. Limitation on Use.
You agree NOT to:
Sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights herein with/to anyone else;
Copy, publish all or any part of the Service; distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way other than as required for the intended use of the Service;
Access the Service if you are a direct competitor of Atera. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
Change, reorganize, modify, copy, reverse engineer, or create derivative works from the Service or any part thereof, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) remove, change or replace any of Atera's trademarks, logos, copyrights or any other branding elements, (d) hide, obscure, disable or otherwise render inoperable any portion of the user interface including, but not limited to, the display of advertisements and promotions within the Service, or (e) copy any ideas, features, functions or graphics of the Service or otherwise merge or utilize all or any part of thereof with or into other computer programs or other materials or attempt to discover all or any part of the Service and/or source code;
Use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service.
Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Atera server, or to any of the services offered on or through the Service, by hacking, password "mining" or any other illegitimate means. You may not harvest or collect user names, email addresses or any other Member identifying information by electronic or other means for the purpose of sending unsolicited email or other communications.
Probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor of the Service, or any other customer of Atera, including any Atera account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Atera on or through the Service or any service offered on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Service or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Atera or others.
5. Security and Notices. Access to and use of the Service requires you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Atera immediately of any unauthorized use of your account or password, or any other breach of security. However, you will be responsible for losses incurred by Atera or any other user of the Service due to someone else using your Atera password or account. You, not Atera, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your data, and Atera shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of this data. You shall not knowingly send or store spam, unlawful, infringing, obscene, or libelous material, or viruses, worms, Trojan horses and other harmful code. You may not use anyone else's Atera password or account at any time without the express permission and consent of the holder of that Atera password or account. Atera cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, Atera will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community. If you wish us to refrain or cease from doing so please notify us at: contact@atera.com. If you chose to complete a user or company profile, you agree to accurately represent yourself, your background and experience, your work history and company affiliation, your certifications and areas of expertise, and any other personal or company information you chose to share. You also agree not to impersonate any person, company or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person, company or entity.
6. Your Warranty. You hereby expressly undertake and warrant as follows: (i) you shall at all times ensure that the applicable communication channels and/or connections (used for exchange of information electronically between you and Atera and/or any applicable 3rd party), as set forth in the technical documentation accompanying the Services or provided to you from time to time by Atera ("Documentation"), are and shall remain available; (ii) you shall strictly comply with the instructions set forth in the Documentation; (iii) you are solely responsible for your access to the Services and for downloading any applicable client software and for configuration of the Services in accordance with the Documentation; (iv) you warrant that the data and/or content stored in connection with the Services, do not infringe upon any third party intellectual property rights and/or violate any applicable law and/or contract; and (iv) you warrant that you comply with all applicable laws and regulations when using the Services; (v) to the extent you choose to use an encryption key for content/data stored by you, you shall be solely responsible be for the encryption key, including without limitation, any damages resulting from the loss and/or damage thereto and/or from any third party gaining access thereto.
7. Warranty Disclaimer. THE SITE, ITS CONTENT AND COMPONENTS, AND THE SERVICE ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ATERA, ITS LICENSORS AND/OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES DO NOT WARRANT THAT THE SITE, SERVICES, SOFTWARE, ANY CONTENT, COMPONENT THEREOF WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. TO THE EXTENT ALLOWED BY LAW, ATERA EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT, WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE AND SUCH THIRD PARTY SOFTWARE OR CONTENT. ATERA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. NO ATERA DEALER, DISTRIBUTOR, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICES, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES. ATERA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE SECURITY MEASURES USED TO PROTECT SITE AND SERVICES "AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES
ATERA AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH ATERA DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE (OR USE BY YOUR EMPLOYEES, AGENTS OR CONTRACTORS) OF THE SERVICE AND/OR ANY THIRD PARTY SOFTWARE OR CONTENT ACCESSED IN CONJUNCTION WITH OR THROUGH THE SERVICE. SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ATERA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ATERA FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF REMEDY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
8. Limitation of Liability. IN NO EVENT SHALL ATERA, ITS LICENSORS AND/OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARARY DAMAGES OR PUNITIVE DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE AND ALL OTHER COMMERCIAL DAMAGES, EVEN IF ATERA, ITS LICENSORS AND/OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ATERA, IT'S LICENSORS AND/OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES ARE FOUND LIABLE FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, THEIR TOTAL LIABILITY SHALL NOT EXCEED THE LICENSE FEES PAID DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, SERVICES, CONTENT OR OTHER, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES) OR ANY RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT ATERA HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ATERA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ATERA. ATERA WOULD NOT BE ABLE TO PROVIDE THE SITE, SERVICES AND PRODUCTS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
9. Indemnification. You agree to indemnify, defend and hold harmless Atera, its officers, directors, employees, stockholders, affiliates, agents and suppliers, from and against any and all claims, liabilities, damages, losses or expenses, including but not limited to attorney's fees and costs, arising out of or in any way connected with your access to or use of this Site.
10. Your Content. You agree that Atera may download on its servers documents, information and/or any content you provide ("Content”), for the purpose of enabling the functionality of the Software and provision of the services. You hereby grant Atera a nonexclusive, worldwide, fully paid-up, royalty-free license to use, host, transfer and otherwise exploit the Content, in any media formats, solely for the purpose of enabling the functionality of the Software and provision of the services. You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to the Content; (ii) there are no restrictions, limitations which prevents or restricts you from granting Atera the license above; and (iii) the Content will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content, material or information that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage, defame, or discredit Atera or any third person; (f) Content is free of any digital rights management, including any software designed to limit the number of times Content may be copied or played; or (g) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You understand and agree that Atera may, but is not obligated to, review and delete or remove (without notice) any Content in its sole discretion, including without limitation Content that in Atera's sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members, users or others.
11. Automatic Updates. Atera is under no obligation to provide any Updates and/or support, maintenance services whatsoever. Without derogating from the foregoing and/or from Section 7 above, the Service may communicate with Atera's servers to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plugins and new versions (collectively, "Updates"). During this process, the program sends Atera a request for the latest version information. By installing the program you hereby agree to automatically request and receive Updates from Atera's servers. Some personal firewall programs may be configured in such a way as to prevent the Atera's program from receiving these updates. If the computer on which you install AlphaControl is so configured, it may be necessary for you to make an exception entry in the configuration of the personal firewall program to allow the Atera program to successfully install and receive these updates.
12. Privacy Policy. Atera recognizes and respects the importance of protecting the privacy of all information provided by users. Atera collects and stores information about its users. Please read our Privacy Policy available at: to be launched shortly.
13. Fees and Payments. Signing up for an Atera account is currently free. Access and use of the Service is currently provided at no charge. However, Atera reserves the right to charge for the Service or any portion thereof, modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice. From time to time Atera makes available certain value-added services for a fee. Should you elect to use such services, you agree to pay the required fee as specified in the services registration and purchase pages. In such case your account may be automatically renewed for the original term upon expiration, unless Atera is notified via email 5 days prior to membership renewal date. If you elect not to pay any fees charged by Atera, Atera shall have the right to cease providing those services to you. Atera reserves the right to modify the pricing of these services at any time without prior notice.
14. Third Party Interactions and Links to Other Sites. This Service may contain certain content, products, services and links to other independent third-party Web sites ("Third Party Materials"). These Third Party Materials are provided solely as a convenience to users of the Service. Such Third Party Materials are not under Atera's control, and Atera is not responsible for and does not endorse such Third Party Materials, including any information or materials contained on such Third Party Materials. You will need to make your own independent judgment regarding your interaction with these Third Party Materials. Atera does not endorse or approve the Third Party Materials, and we make it available to you only as a service and convenience. During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Atera and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Atera does not endorse any sites on the Internet that are linked through the Service. Atera provides these links to you only as a matter of convenience, and in no event shall Atera or its licensors be responsible for any content, products, or other materials on or available from such sites. Atera provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services. Atera may discontinue offering any Third Party Materials on the Site at any time without notice. Although this Site may contain links to third party sites, Atera is not responsible for the Content or privacy policies employed by any linked sites. Atera provides these links as a convenience and does not endorse the companies or Contents of any linked sites. Atera bears no liability for the Content appearing on any linked sites; for the use or reliance upon the information that appears upon the linked sites; and/or for the products and/or services offered therein.
15. Trademarks. Atera's graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Atera in Israel and/or other countries. Atera's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Atera's prior written permission.
16. Advertisements. Some of the Service is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information. The manner, mode and extent of advertising by Atera on the Service are subject to change without notice. In consideration for Atera granting you access to and use of the Service, you agree that Atera may place such advertising on the Service.
17. Notice and TakeDown. If you are aware of any infringement or illegal content made available on the Site please let us know by by e-mailing us at contact@atera.com and we will make reasonable endeavors to remove the illegal content within reasonable time.
18. Eligibility and International Compliance. Without limiting the foregoing, the Services are not available where they are illegal to use, and Atera reserves the right to refuse and/or cancel services to anyone at its own discretion. Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Site. You agree to comply with all export laws and restrictions and regulations. The Service is controlled and operated from within Israel. Atera makes no representations that materials contained within the Service are appropriate or available for use in other locations, and access to the Service from locations where such activity is illegal is prohibited. Those who choose to use the Service from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
19. No Recommendations. Atera does not make recommendations or advice of any kind. Atera provides the content of the Site for information, education and noncommercial purposes only and assumes no responsibility therefore. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any such information.
20. Termination .You agree that Atera, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Atera or your use of the Site and Services. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Atera will not be liable to you or any third party for any such termination. This Agreement shall automatically terminate upon your failure to comply with the terms of hereof. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Atera may have at law or in equity. Upon termination hereof: the license granted herein shall expire and you shall discontinue all further use of the Service and promptly return to Atera all tangible property representing its Intellectual Property Rights and all copies thereof and/or shall erase/delete any such information held by in electronic form. Sections 1, 6-10, 14-23 shall survive any termination hereof.
21. Governing Law & Jurisdiction. This Agreement shall be construed and governed in accordance with the laws of the State of Israel (without regard to conflict of law provisions), and the courts of Tel Aviv, Israel shall have exclusive jurisdiction and venue to adjudicate any conflict or dispute arising out of this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
22. Government Regulation and Export Control. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by law. You warrant that you will comply with all applicable export and re-export control laws.
23. Miscellaneous. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The failure of Atera to enforce any rights granted hereunder or to take action in the event of any breach hereunder shall not be deemed a waiver. Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN TWO (2) YEARS AFTER SUCH CAUSE OF ACTION SHALL HAVE BEEN DISCOVERED. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Atera without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.
24. Any feedback or should be directed to Atera customer service through support@atera.com.
