Terms of Use

Last modified: August 15th, 2024

Welcome to Lizzy!

LizzyAI products and services are provided by LizzyAI Ltd. Our mission is to enhance the expertise of legal professionals through AI. We offer free and paid plans and hope you'll use and enjoy them. We don't sell your data.

These terms govern your use of our Software (as defined below). In addition to these terms, we publish a Privacy Policy that describes how we process, collect, use, and protect your information. If you are using our Software as part of an organization plan, your use of the Software is also governed by your organization's policies and maybe monitored by your organization. Additionally if your organization entered an agreement with us, additional terms may apply and in case of conflicts between this agreement and your organization agreement the organization agreement shall prevail.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR ACTIVATING AND/OR USING THE SOFTWARE.

By clicking the "accept", “agree”, “ok” or similar button, and/or by installing, activating and/or, in any event, by using the Software (as defined below) you expressly acknowledge and agree that you are entering into a legal agreement with LizzyAI, and have understood and agree to comply with, and be legally bound by, the terms and conditions of these Terms of Use and other supplemental terms and policies referenced herein, which are hereby incorporated into, and made a part of, this agreement by reference (collectively, "Agreement"). If you do not agree with any of the terms and conditions of this Agreement, you may not download, install and/or use (as the case may be) the Software. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

The language of this Agreement is expressly agreed to be the English language. By entering into the Agreement, you hereby irrevocably waive, to the maximum extent legally permitted, any law applicable to you, requiring that the Agreement be localized to meet your language, as well as any other localization requirements. We may provide translation of the Agreement in additional local languages for convenience, but in case of discrepancies between the local version and the English version, the English version shall prevail.

You affirm that you are of a legal age in your jurisdiction to form a binding contract, but in any event over eighteen (18) years.

1 Definitions and Interpretation

This Agreement contains a range of capitalized terms, some of which are defined in this section, and some of which are defined elsewhere. The Section and subsection headings in this Agreement are for convenience of reading only, and may not to be used or relied upon for interpretive purposes.

1.1

"Device" means the hardware device (such as personal computer) that you own, control or use, on which the Software used.

1.2

"Documentation" means any electronic manuals, specifications, and similar documentation that accompany the Software.

1.3

"Intellectual Property Rights"means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

1.4

“Marks”: Our names, logos, trademarks, service marks and other brand elements.

1.5

“LizzyAI” (or “we", "us" or "our")means LizzyAI Ltd., a private company incorporated in Israel, with registered offices at 2b Geiger St., Tel Aviv - 6915234, Israel.

1.6

“Software” means the Lizzy legal AI software (owned and operated by LizzyAI), including any associated applications, backend, websites, services, and Documentation as updated from time to time, as well as the lizzyai.com website.

License. Subject to the terms of this Agreement and so long you comply with it, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to download, access, install and/or use (as applicable) the Software (in executable code version) on a Devices solely for your own use, and for such period specified in a term license. Use of the Software must be in accordance with the Documentation (if any) and comply with our terms. Except for the License, you are granted no other right in or to the Software or Documentation, whether by implied license, estoppel, patent exhaustion, operation of law, or otherwise. THE SOFTWARE IS LICENSED, NOT SOLD.

License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend, rent or encumber the Software; (ii) make the Software available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Software; (iv) copy (except for back-up purposes or archival purposes or as otherwise expressly permitted in this Agreement), modify, improve, or create derivative works of the Software or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Software or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Software; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (vii) use any communications systems provided by the Software to send unauthorized and/or unsolicited commercial communications; (viii) use the LizzyAI names, logo or trademarks without our prior written consent; (ix) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement; (x) use the Software on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Software or "frame" or "mirror" the Software on any other server or wireless or Internet-based device; (xi) use the Software and/or content generated by it to create a competitive offering; (xii) share or publish the results of any benchmarking of the Software without our prior written consent; and/or, (xiii) mislead any third party that any output from our generative AI was solely human generated.

Account. In order to use some of the Software features you may have to create or use an account (an "Account"). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure and prevent unauthorized access. You must notify us immediately of any unauthorized use of your Account.

Software Usage Rules. If you are downloading the Software from a third party app store or service provider ("Distributor"), please be aware that the Distributor may have established usage rules which also govern your use of the Software ("Usage Rules"). You acknowledge that, prior to downloading the Software from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the Software are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Software; if you are unable to make such a representation you are prohibited from installing and/or using the Software.

6 Ownership

6.1

Software, Documentation and Marks. You hereby acknowledge that the Software, Documentation and Marks are protected by intellectual property (and similar) laws, treaties, and conventions. The Software and Documentation are licensed and not sold to you under this Agreement and you acknowledge that LizzyAI retains all title, ownership rights and Intellectual Property Rights in and to the Software and the Documentation. We reserve all rights not expressly granted herein to the Software

6.2

Feedback. If we receive any feedback (e.g., questions, comments, suggestions or the like) regarding any of the Software (collectively, “Feedback”), all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to LizzyAI and you hereby irrevocably and unconditionally transfer and assign to LizzyAI all Intellectual Property Rights you may have in such Feedback and waive any and all moral rights that you may have in respect thereto. It is further understood that use of Feedback, if any, may be made by LizzyAI at its sole discretion, and that LizzyAI in no way shall be obliged to make use of any kind of the Feedback or part thereof.

6.3

User Content. User Content refers to the text and documents you enter, upload, and transmit when you use our Software. You own your User Content. LizzyAI does not own, control, verify, or endorse User Content. You are responsible for all of your User Content. That means you should back up all your User Content and not do anything illegal or harmful with it (including violating any intellectual property or trade secret laws).

6.4

System Data . In connection with your use of the Software, we may obtain, log, receive, and/or collect data or information about your Device, network and your usage of our Software (“System Data”).

6.5

License to use User Content and System Data. You grant LizzyAI a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, compile, distribute, display, copy, store, maintain, process, analyze, reproduce, or create derivative works, including with help of our suppliers, for the following purposes: (i) Operating, providing, improving, troubleshooting, and debugging our Software, (ii) Securing and/or protecting our Software, and/or (iii) Customizing and/or personalizing our Software.

Generative AI. You may use generative AI features to submit inputs and receive generated outputs. When you use generative AI features, the inputs and outputs are your User Content. You are responsible for your User Content and will not use LizzyAI’s generative AI features in a way that infringes, violates, or misappropriates any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering generative AI, outputs may not be unique and LizzyAI may generate the same or similar output for third parties. Outputs may also be inaccurate, factually wrong, misleading, biased or offensive.

No Legal Advice. The Software is designed to assist legal professionals using AI, including generative AI. It is not intended to provide legal advice, and users should not consider it as such. Legal decisions should always be made in consultation with a qualified lawyer. Please be aware that the nature of this technology may result in inaccuracies, factual errors, misleading content, bias, or offensive language. Users should always review the output carefully before using it and exercise due diligence when dealing with legal matters.

9 Payments

9.1

Some of our plans require payment. Depending on your plan, the use of some features may be limited or unavailable.

9.2

9.2. If you are using the Software as part of an organization plan, the License granted hereunder is subject to the full payment of the applicable license fees (if any) agreed between your organization and LizzyAI. If you purchased the License granted directly from our authorized reseller, the License granted hereunder is subject to the full payment of the applicable license fees (if any) agreed between you and such reseller.

9.3

If you purchased the License directly from us, this section shall apply. Unless specifically provided otherwise, all fees specified in each applicable purchase order or a LizzyAI price proposal shall be due and payable within seven (7) days of the date of invoice and payment received by you after the due date shall be subject to a late fee equal to one and one-half percent (1.5%) per month or, if less, the maximum amount allowed by applicable law. All amounts payable hereunder shall not be subject to any set-off or deduction. All fees are exclusive of any applicable taxes, duties and similar governmental charges, and you are responsible for payment of all such amounts, including sales tax, value added tax (VAT), withholding taxes, export, import and other duties imposed by any governmental agency in connection with this Agreement. If any such taxes are required to be withheld, you shall pay an amount to us such that the net amount payable to us after withholding of taxes shall equal the amount that would have been otherwise payable under this Agreement.

10 Data and Privacy

10.1

No Storage. The Software is not intended to, and will not, operate as an archive or data storage product or service, and you agree not to rely on the Software for the storage of any data whatsoever. You are solely responsible for the backup of Your Data.

10.2

Privacy. We will use any personal information that we may collect or obtain in connection with the Software in accordance with our privacy policy which is available at www.lizzyai/privacy ("Privacy Policy"), and you agree that we may do so. Notwithstanding, you are aware that you are not legally obligated to provide us personal information, and you hereby confirm that providing us personal information is at your own free will. Please also be aware that certain personal information and other information provided by you in connection with your use of the Software may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.

11 Warranty Disclaimers.

11.1

THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

11.2

WE DO NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE ERROR-FREE, THAT THE SOFTWARE IS SECURE OR THAT WE WILL CORRECT ANY ERRORS IN THE SOFTWARE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, ANY SECURITY, PRIVACY PERFORMANCE AND/OR CONNECTIVITY ISSUES.

11.3

WE DO NOT MAKE ANY WARRANTY REGARDING THE OUTPUTS THAT MAY BE GENERATED FROM USE OF GENERATIVE AI FEATURES, INCLUDING WITH RESPECT TO THE FACTUAL ACCURACY OF ANY OUTPUTS OR SUITABILITY FOR YOUR USE CASE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY GENERATIVE AI OUTPUTS IS DONE AT YOUR SOLE RISK. DUE TO THE CURRENT NATURE OF GENERATIVE TECHNOLOGY, YOU SHOULD NOT RELY ON OUR GENERATIVE AI AS A SINGLE SOURCE OF FACTUAL INFORMATION. YOU SHOULD ALSO NOT TREAT IT AS LEGAL ADVICE. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH LIZZYAI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE

11.4

THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONJUNCTION WITH MISSION CRITICAL AND/OR HIGH-RISK APPLICATIONS, AND/OR ANY ENVIRONMENT IN WHICH FAILURE MAY CAUSE SIGNIFICANT DAMAGES. ANY SUCH USE BY YOU IS OUTSIDE THE SCOPE OF THIS AGREEMENT AND YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE IN ANY SUCH MANNER. YOU ACKNOWLEDGE THAT SOFTWARE PROVIDED UNDER THIS AGREEMENT IS NOT DESIGNED WITH SECURITY AND ACCESS MANAGEMENT FOR THE PROCESSING AND/OR STORAGE OF THE FOLLOWING CATEGORIES OF DATA AND SOFTWARE: (A) Highly CLASSIFIED DATA; (B) DATA AND SOFTWARE CONTROLLED UNDER THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (“ITAR”); AND (C) PERSONALLY IDENTIFIABLE INFORMATION THAT IS SUBJECT TO HEIGHTENED SECURITY REQUIREMENTS BY LAW (E.G MEDICAL DATA) (COLLECTIVELY REFERRED TO AS “EXCLUDED DATA”). YOU HEREBY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR REVIEWING DATA THAT THE SOFTWARE WILL PROVIDE TO US (OR TO WHICH WE WILL HAVE ACCESS) TO ENSURE THAT IT DOES NOT CONTAIN EXCLUDED DATA.

12 Limitation of Liability.

12.1

UNDER NO CIRCUMSTANCES SHALL LIZZYAI BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, SYSTEMS, SOFTWARE, NETWORKS, REVENUE, PROFITS, VALUE, SALES, SAVINGS, BUSINESS OR REPUTATION, OR DOWNTIME, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE UNDER ANY THEORY OF LIABILITY AND EVEN IF LIZZYAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2

IN ANY EVENT, LIZZYAI’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, SHALL NOT, IN ANY CIRCUMSTANCE, EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO LIZZYAI FOR USING THE SOFTWARE WITHIN THE THREE (3) MONTHS PRECEDING THE DAY ON WHICH THE CAUSE OF ACTION AROSE.

Adjustments to Applicable Law. Insofar as applicable law prohibits any of the warranty disclaimers and/or limitations on liability and/or any other obligation you may have under this Agreement, the parties agree that the relevant disclaimer and/or limitation and/or obligation will be automatically modified, but only to the extent required to make it compliant with applicable law

Indemnity. You agree to defend, indemnify and hold harmless LizzyAI and/or our affiliates, and/or our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Software; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

Export and Traffic in Arms Compliance. You agree to comply fully with all applicable export and import laws and regulations in performing this Agreement. Your represent and warrant that you are not listed on any US government list of prohibited or restricted parties or located in (or a national of) a country subject to a US government embargo or designated by the US government as a “terrorist supporting” country. You agree that the Software will not be used for activities related to weapons of mass destruction, or other activities controlled under the US International Traffic in Arms Regulations.

Updates and Upgrades. We may, from time to time, provide updates or upgrades to the Software (each a "Revision"), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Software. All references herein to the Software shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Software, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

Third Party Software. Portions of the Software may include third party software components that are subject to open source and/or pass-through commercial licenses and/or notices ("Third Party Software" and "Third Party Terms", respectively). We may publish a list of some or all Third-Party Software and related Third Party Terms within the Software About box and/or on www.lizzyai.com/thirdpartysoftware (as may be updated from time to time). If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related Third Party Software. THIRD PARTY SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIRD PARTY SOFTWARE, LIZZYAI SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Sources. Any links to third-party websites, products or services are provided for your convenience only and are subject to the third party’s terms. LizzyAI isn’t responsible or liable for those websites, products, or services.

Beta Program. We may release Software or features that we are still testing and evaluating. We will mark these products with the words “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). If you decide to use them, please remember that they may not be as reliable or as thoroughly tested as mature Software.

20 Term and Termination.

20.1

This Agreement is effective until terminated by us or you as set forth below:

20.2

We reserve the right to: (i) discontinue or modify any aspect of the Software; and/or (ii) terminate this Agreement and your use of the Software with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Software in any way, your only recourse is to immediately discontinue use of the Software.

20.3

Upon termination of this Agreement, the License will automatically terminate and be deemed revoked, and you must: (i) immediately cease all use of the Software and your access to the Software will be disabled, and (ii) delete and uninstall (as applicable) all copies of the Software or other digital materials provided to you which are in your possession or control.

Suspension. If we reasonably believe that you are using the Software in a manner that may cause harm to LizzyAI or any third party then we may, without derogating from our right to terminate this Agreement for any breach hereof or at will, suspend your access to and use of the Software until such time as we reasonably believes the threat of harm, or actual harm, has passed.

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by LizzyAI without restriction or notification. Any prohibited assignment shall be null and void.

U.S. Government Rights. The Software is "commercial computer software" and the Documentation is "commercial computer software documentation," pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. If you are an agency, department, employee or other entity of the United States Government, then your access to and use of the App and/or the Documentation shall be subject solely to the terms and conditions of this Agreement.

Modifications. We may update this Agreement from time to time. When we do, we will post an updated version on this page, unless another type of notice is required by applicable law. We may also modify the Third Party Software list (if available) and/or Privacy Policy by updating the respective web page. Your continued use of the Software following such an update means that you accept the changes

Maintenance & Support. We do not commit to provide any maintenance and/or support services with respect to the Software. If we do offer any maintenance and/or support services, we may stop providing these or change their scope at any time.

Jurisdiction, Governing Law and Informal Negotiations. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. Any claim or dispute between you and LizzyAI that arises in whole or in part from the Software, shall be submitted exclusively to a court of come tent jurisdiction located in Tel Aviv – Jaffa, Israel. Notwithstanding the above, in the event of a dispute, before commencing any legal proceedings, you must give LizzyAI a Notice of Dispute to info@lizzyai.com.Such notice shall be a written statement that sets forth your name, address, contact information, the facts giving rise to the dispute, and the relief requested. You and LizzyAI will attempt to resolve any dispute through informal negotiations within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you may commence legal proceedings.

No Class Action. You may only resolve disputes with us individually. That is, you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

General. This Agreement, and any other legal notices published by us in connection with the Software, shall constitute the entire agreement between you and LizzyAI concerning the Software. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by LizzyAI. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You agree that money damages would be an inadequate remedy for LizzyAI in the event of a breach or threatened breach by you of the provisions set forth in this Agreement; therefore, you agree that in the event of a breach or threatened breach of any such provisions, LizzyAI may, in addition to any other remedies to which it is entitled, be entitled to such preliminary or injunctive relief (including an order prohibiting you from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate to preserve all of LizzyAI’s rights. All rights and remedies available to LizzyAI by law shall be cumulative and not exclusive.

Contact Us. If you have any questions or need clarifications with respect to this agreement, please contact us at info@lizzyai.com. You may also contact us via snail mail to 2b Geiger St., Tel Aviv - 6915234, Israel.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE SOFTWARE YOU EXPRESSLY CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.