MyHeritage Family Tree Builder: End User License Agreement

The use of the MyHeritage Family Tree Builder Software, also known as Family Tree Builder ("the Software") and/or any content, online or otherwise, and documentation relating to the Software ("the Content") included with this End User License Agreement ("EULA") is subject to the terms and conditions set forth below.

By clicking the "I Agree" button below, or by installing, or otherwise using the Software, you accept the terms and conditions set forth below in the EULA by MyHeritage Ltd. ("MyHeritage") and agree to be bound by the terms of the MyHeritage Privacy Policy ("Privacy Policy") including, without limitation, the warranty disclaimers, limitation of liability, data use and termination provisions below, whether or not you decide to subscribe to services provided by MyHeritage.

You represent that you are at least 13 years of age. You agree that this agreement is enforceable like any written agreement negotiated and signed by you. If you do not agree to the terms of this EULA, you cannot use the Software, and you must not install the Software, and must destroy any copies of the Software in your possession or control.

This is the entire agreement between you and MyHeritage relating to the Software and Content and it supersedes any previous or contemporaneous written or oral agreement, purchase order, communication, advertising or representations concerning the Software and the Content.

1. SOFTWARE LICENSE

(a) License Grant. Upon your acceptance of this EULA and subject to the terms of this EULA, MyHeritage grants you a non-exclusive, non-transferable (except as provided below), non-sublicensable, limited license ("License") to install and use one (1) copy of the Software on your computer only, for personal and non-commercial purposes.

This License and the restrictions in this EULA cover the Software and accompanying Content. You acknowledge and agree that MyHeritage and/or its suppliers own all rights, title and interest in and to the Software and Content and any and all updates, enhancements, derivatives, additions and/or modifications thereof, and you agree not to claim any ownership interest in any of the foregoing items. All rights in and to the Software and Content, and any and all updates, enhancements, additions, derivatives and/or modifications thereof, not expressly granted by this License are reserved by MyHeritage and/or its suppliers. The rights granted pursuant to this License do not constitute a sale, and this License does not authorize a sale of the Software, or Content, or anything created thereby. You must treat the Software and associated Content and any elements thereof like any other copyrighted material.

In the event that you fail to comply with any of the terms or conditions of this License, your rights to use the Software will immediately terminate and you must stop using the Software, remove the Software from your computer, and permanently erase and destroy all copies of the Software and Content under your possession and control. You are legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this License.

You acknowledge and agree that due to the unique and valuable nature of the Software, there can be no adequate remedy at law to compensate MyHeritage and its suppliers for the breach of any term, condition or covenant of this License; that any such breach would result in irreparable harm to MyHeritage and its suppliers that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, MyHeritage and its suppliers shall be entitled to injunctive and other appropriate equitable relief, in addition to whatever remedies may be available at law.

(b) Internet. The Software allows you, if you have Internet service, to connect and interact with www.myheritage.com, an Internet site owned and operated by MyHeritage and with services operated by third parties (the "Sites"). If you choose to use that interconnectivity and the related Sites, the use of those Sites will be subject to the terms and conditions of use that apply to each of those Sites and the services they provide. You should carefully read and understand those terms and conditions before using the Sites, submitting information to those Sites or creating and using those Sites.

(c) Server Use. You may store one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network.

(d) Product Evaluation. Once you download and install the Software, you are allowed to use it in accordance with the License for an unlimited time ("Evaluation"). During the Evaluation period, you may use all features of the Software, except for saving genealogy data. Full use of the Software, including saving of data, requires Product Activation (see below).

(e) Product Activation. Product Activation ("Activation") is a free and one-time operation, performed online and requiring Internet connectivity. Activation requires you to sign up for free as a MyHeritage member ("Member") and to create a site on MyHeritage Family Pages, if you have not already done so before. Basic sites on MyHeritage Family Pages are free. Following Activation, an activation file will be downloaded to your computer and will activate your copy of the Software on your current computer.

This procedure will not be required again unless you remove the Software and install it on another computer, in which case you will need to activate the new installation. When running a non-activated copy of the Software you will be reminded to activate it every time you run the Software. During activation you will be given a choice to set up the Software so that it will publish your family tree to the site you created on MyHeritage Family Pages.

You may not reverse engineer, disclose, reproduce or distribute any part of the Software or any files related to the Activation process. You may install and Activate the Software on another computer, but you will have to complete the Product Activation process defined above for each computer.

(f) Upgrades. From time to time MyHeritage may(at its sole discretion) issue upgrades or updates to the Software and make them available to users of the Software. Note that an upgrade or an update replaces all or part of the Software previously licensed. The update or upgrade does not constitute the granting of a second license to the Software in that you may not use the upgrade or update separately, or in addition to, the Software that it is replacing. MyHeritage is under no obligation to upgrade or update the Software. Upgrades to free Software will typically remain free, but MyHeritage is not obliged to allow free upgrades from a free version of the Software to any paid version thereof that may be available in the future.

(g) Title. Title to the Software is not transferred to you. Ownership of all copies of the Software is vested in MyHeritage, subject to the rights of use granted to you in this EULA. Documents, files, photos, diagrams, charts, GEDCOM files, and generated family tree reports that are authored or created by you via your utilization of the Software, in accordance with its Content and the terms of this EULA, are your property.

(h) Reverse Engineering. In no event, may you or any other party modify and/or reverse-engineer, decompile, disassemble or otherwise attempt to discover the compiled source code of the Software or any copies thereof, in whole or in part. To ensure a safe installation to the user, MyHeritage prohibits any distributor to modify the installation process or to obligate the user to install any third-party software along with MyHeritage Family Tree Builder. The Software and/or its installation file shall not be modified or embedded into any other installation program and shall be distributed without any modifications.

(i) Copyright. You may not remove or alter any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels appearing on or in copies of the Software or Content.

(j) Other Restrictions. You may not sell, loan, rent, lease, sublicense, distribute, disclose, assign, convey, or otherwise transfer to third parties, or allow use all or any portion of the Software in any format, through any timesharing service, service bureau, network or by any other similar means, unless otherwise expressly provided. You agree to notify your employees and agents who may have access to the Software of the restrictions contained in this EULA and to ensure their compliance with these restrictions. You shall be liable towards MyHeritage for such employees' and agents' non-compliance with this EULA.

(k) YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, AND ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS MYHERITAGE FROM ANY THIRD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY, COMPLETENESS AND ADEQUACY OF THE SOFTWARE IN YOUR USE. WITHOUT LIMITATION, THE SOFTWARE IS NOT INTENDED FOR USE IN SITUATIONS WHERE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE.

2. INTELLECTUAL PROPERTY RIGHTS

Acknowledgement of MyHeritage Rights. You acknowledge that the Software and any copies that you are authorized by MyHeritage to make are the intellectual property of and are owned by MyHeritage. The Software is confidential information of MyHeritage, and is protected by copyright, including without limitation by Copyright Law, international treaty provisions and applicable laws in the country in which it is being used.

You acknowledge that MyHeritage retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software and all accompanying product Content - and any and all updates, enhancements, derivatives, additions andor modifications thereof. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners' names.

MyHeritage, MyHeritage, MyHeritage Family Pages, MyHeritage Research, Megadex, Family Tree Builder, MyHeritage Family Tree Builder, Search Connect, Find the Celebrity in You, SuperSearch, Smart Matches, Record Matches, and the MyHeritage Logo are trademarks of MyHeritage Ltd. This EULA does not grant you any intellectual property rights in the Software.

3. LIMITED TRANSFER RIGHTS

Notwithstanding the foregoing, you may transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer this EULA and the Software to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this EULA and any other terms and conditions upon which you legally acquired a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software.

4. ADDITIONAL TERMS FOR BETA SOFTWARE

If the product you have received with this EULA is a pre-release or beta version of the Software ("Beta Software"), then this Section applies. To the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section shall supersede such other term(s) and condition(s) with respect to the Beta Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Beta Software is a pre-release version, does not represent a final product from MyHeritage, and may contain bugs, errors and other problems that could cause system or other failures and data loss.

CONSEQUENTLY, THE PRE-RELEASE AND/OR BETA SOFTWARE IS PROVIDED TO YOU "AS-IS" WITH NO WARRANTIES FOR USE OR PERFORMANCE, AND MYHERITAGE DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE AND/OR BETA SOFTWARE, BUT IT MAY BE LIMITED, MYHERITAGE'S LIABILITY SHALL BE LIMITED TO THE SUM OF ONE DOLLAR (USD $1) IN TOTAL.

Access to any files created with the Beta Software is entirely at your risk. You acknowledge that MyHeritage has not promised or guaranteed to you that Beta Software will be announced or made available to anyone in the future; MyHeritage has no express or implied obligation to you to announce or introduce the Beta Software, and that MyHeritage may not introduce a product similar to or compatible with the Beta Software.

Accordingly, you acknowledge that any research or development that you perform regarding the Beta Software or any product associated with the Beta Software is done entirely at your own risk. During the term of this EULA, if requested by MyHeritage, you will provide feedback to MyHeritage regarding testing and use of the Beta Software, including error or bug reports. MyHeritage shall own all right, title, interest and all intellectual property rights in and to such feedback. If you have been provided the Beta Software pursuant to a separate written agreement, your use of the Software is governed by such agreement.

You may not sell, sublicense, lease, loan, rent, distribute, disclose, assign, convey, or otherwise transfer the Beta Software to third parties, or allow use of all or any portion of the Beta Software, in any format, through any timesharing service, service bureau, network or by any other similar means. Upon receipt of a later unreleased version of the Beta Software or release by MyHeritage of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Beta Software received from MyHeritage and to abide by the terms of the license agreement for any such later versions of the Pre-release Software.

5. LIMITED WARRANTY AND LIMITATION OF LIABILITY

(a) Limited Warranty and Customer Remedies. MyHeritage warrants to the person or entity that first acquired and/or downloaded the Software pursuant to the terms of this EULA that (i) the Software will perform substantially in accordance with any accompanying Content for a period of thirty (30) days from the date of receipt, and (ii) any support services provided by MyHeritage shall be done on its online support forum on a best-effort basis. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the below limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days.

The entire liability by MyHeritage and your exclusive remedy shall be to repair or replace the Software that does not meet the MyHeritage Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, negligence, misapplication, abnormal use, viruses, or any other malicious external code, or your use of Software in violation of this EULA or in a manner inconsistent with the Content. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty does not apply to Beta Software.

(b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR A MYHERITAGE BREACH OF WARRANTY. MYHERITAGE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, MYHERITAGE MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYHERITAGE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

(c) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL MYHERITAGE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES OR OTHERWISE IN CONNECTION WITH THIS EULA, EVEN IF MYHERITAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MYHERITAGE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT, IF AT ALL.

Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, liability by MyHeritage shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this EULA between MyHeritage and you.

6. SOFTWARE ACTIVATION, UPDATES, DATA USE

(a) Software Activation. MyHeritage Software may use your Internet connection for the purpose of Activation in order to protect MyHeritage against unlicensed or illegal use of the Software. Activation is based on the exchange of license related data between your computer and the MyHeritage license server. Such data exchange is restricted to a 16-letter code that represents your computer and does not contain any personal information or data garnered from your computer. You agree that MyHeritage may use these measures and you agree to follow any applicable requirements.

(b) Live Upgrade. The Software contains a Live Upgrade notification service, which is free of charge. This service may use your Internet connection for the purpose of checking whether a more recent version of the Software is available for you to download. This check is performed whenever you run the Software, or manually at your request. If a new version is available, it will not be downloaded without your explicit approval. The check can be disabled in the Software's configuration if you do not wish to use it.

(c) Family Data Synchronization. The Software was created to help you assemble and document your family tree. As such, it may contain sensitive personal information about you or your relatives. MyHeritage has no access to this information while it is stored solely on your computer. However, if you decide to share your family tree with others on MyHeritage Family Pages, by synchronizing the information stored by the Software on your computer with one or more family sites on MyHeritage Family Pages ("Synchronization"), you may potentially expose sensitive information to a wide Internet audience. For this reason, MyHeritage has developed privacy settings to help you control who has access to your data.

For example, content posted on MyHeritage Family Pages may be password-protected and restricted to invited family members only. Family tree data that is shared with the public, may be configured to hide sensitive information about living people. The use of such privacy settings is your responsibility and MyHeritage will not be held liable for any damages arising from the publishing of data from the Software to MyHeritage Family Pages or the publishing or distribution of such data made by you or any others on your behalf.

Synchronization is a manual procedure invoked by you, which does not occur automatically. During Synchronization, the Software uses your Internet connection for the purpose of transmitting data between the Software and your family site on MyHeritage Family Pages.

(d) Use of Data. The terms and conditions of the Privacy Policy are set out in full here and are incorporated by reference into this EULA. By your acceptance of the terms of this EULA or use of the Software, you authorize the collection, use and disclosure of information collected by MyHeritage for the purposes provided for in this EULA and/or the Privacy Policy as revised from time to time.

MyHeritage has the right in its sole discretion to amend this provision of the EULA and/or Privacy Policy at any time. You are encouraged to review the terms of the Privacy Policy as posted on the MyHeritage Web site from time to time.

(e) Advertising. No advertising component, either developed by MyHeritage or provided by a third party, is bundled with the Software. You will not be served ads while using the Software. The Software does not communicate, via your Internet connection or otherwise, with any server aside from MyHeritage, and then only for the purpose of Synchronization.

7. TERM AND TERMINATION

This EULA may be terminated by MyHeritage, at its option, giving you written notice of termination if you commit a breach of this EULA and fail to cure such breach within ten (10) days after notice from MyHeritage. Upon any termination of the EULA, the licenses granted herein shall terminate and you must cease all use of the Software and destroy all copies then in your possession or control.

8. GENERAL PROVISIONS

This EULA is governed by the laws of the State of Israel. Any legal proceeding arising out of or relating to this EULA shall be submitted to the exclusive jurisdiction of the competent courts of the District of Tel Aviv, Israel. This EULA contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. This EULA may be modified by MyHeritage at any time. MyHeritage may assign this EULA, in whole or in part, at its sole discretion.

Official correspondence must be sent via postal mail to:
MyHeritage Customer Support
MyHeritage Ltd.
PO box 50, Terminal Park,
Or Yehuda 60250,
Israel