WHEREAS, the User is part of Caesarstone Ltd and its affiliates (“Company“) CS Connect program and wish to receive access to certain tutorials and videos, which includes CS Connect screen shots, images and processes (“Tutorials“), on the properties, process, parameters and other functions of the CS Connect system. Access to such Tutorials is provided solely for the purpose of training the User on the CS Connect system (the “Purpose”);
THEREFORE, THE USER AGREE THAT THE DOWNLOAD AND USE OF SUCH IMAGES IS STRICTLY CONDITION AND SUBJECT TO THE TERMS AND CONDITION SET OUT AS FOLLOWS:
- Instead of providing any off-line User manual/document, the Company will provide each User with access to the Tutorials. Access to the tutorials is provided subject to each User’s ID and password to the CS Connect system.
- Subject to the conditions set out herein Users are strictly prohibited from: (i) sharing any the User ID or password; (ii) allowing third parties access or use of the Tutorials; (iii) linking and/or sending any link to the Tutorial or this website; (iv) Users are not permitted to copy, duplicate, reproduce, taking any screen capture, images, copies etc. of the Tutorials and other materials found on the website (v) distribute, sell, sublicense, transfer, display, modify, update and/or perform any other action related to the Tutorials (vi) take any action or omission which might damage or harm the Tutorials in any manner including use any harmful feature, including, without limitation, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, trojan horse, or spyware, that is designed to (or that allow untrusted party to be capable of) (i) accessing, modifying or deleting in an unauthorized manner, or (ii) damaging, disabling, deactivating, interfering with or otherwise harming any computers, networks, data, other electronically stored information, or computer programs or systems.
- The Company is entitled, at any time, upon its sole discretion, to demand that User cease use of the Tutorials, or any portion thereof, and/or that User perform a change or replace to the Tutorials, and/or the manner of their use, including without limitation, by changing the contents, photos, the logo, images, etc. User confirms and warrants that it does not have and will not have any claims and/or demands against the Company in connection with Company’s demand as aforementioned.
- Company shall at all times own and retain all rights, title and interests, including without limitation, all intellectual property rights, in and to, and/or related to, the Tutorials and/or any part thereof, and any derivatives, modifications, changes, alterations or alike to the Tutorials. Furthermore, it is hereby clarified that nothing herein provides User with, and User does not acquire, any right or license in relation to the Tutorials, other than as expressly provided herein. Nothing contained herein shall be construed as a transfer of any ownership right from the Company to the User.
- The Company shall be entitled to terminate these Terms and Conditions or the use of the Tutorials at any time and for any reason. Upon such expiration or termination, all of the rights of User under these Terms and Conditions shall terminate and immediately revert to Company, and User shall immediately, at no cost whatsoever to Company discontinue all use of the Tutorials.
- The use and/or access to the Tutorials is at User’s sole responsibility and liability. User hereby acknowledges and agrees that the Company makes no representations and provides no warranties with respect to Tutorials which are provided “AS IS”. Company shall not be liable for any payment, expense, loss or damage of any kind whatsoever which is caused to the User and/or to anyone on its behalf, however caused, at the time of, or due to, the implementation of these Terms and Conditions, the use of the Tutorials and/or at the time of, or due to, any instructions provided in relation to the implementation of these Terms and Conditions, and/or which is caused by any act and/or omission of the User, and/or anyone on its behalf, in relation to the Tutorials and/or these Terms and Conditions. Without derogating from the foregoing, User hereby undertakes to indemnify and hold the Company harmless against any payment, expense, loss or damage incurred by the Company as aforementioned, promptly upon Company’s first demand for such payment.
- These Terms and Conditions constitutes the entire agreement between the parties with regard to the subject matter herein, and supersedes in prior agreements between the parties, whether written oral or other, in relation to the subject matter herein. No modification or revision of or to these Terms and Conditions shall be valid and binding upon the parties unless performed by means of a written document duly signed by an authorized representative of both parties hereto.
- User is not entitled to assign any of its rights and/or obligations as provided under these Terms and Conditions, or any part of them.
- The behavior of either party shall not be deemed as a waiver of any right provided under these Terms and Conditions or under any law, including in relation to any breach or non-compliance with any of the provisions herein, unless such waiver, agreement, revision, cancellation or addition has been expressly agreed upon in writing.
- These Terms and Conditions shall be governed by the law of the domicile of the Company in all other respects. Any dispute, controversy or claim arising out of or relating to the Tutorials Products or these Terms and Conditions including any breach, termination or validity thereof or these Terms and Conditions shall be finally settled by the court closest to the domicile of the Company.