The terms below are a binding agreement. By clicking “I agree” below or by downloading, installing or activating or using this software, you acknowledge that you have read this end user license agreement (the “Agreement”), that you understand it, and that you agree to be bound by its terms. If you do not agree to the terms and conditions of this agreement, promptly exit this page without downloading, installing or activating the software.
Overwolf Ltd. (“Licensor”) grants you a non-exclusive license to use the program with which this license is distributed (the “Software”), including any documentation files accompanying the Software (“Documentation”) only in connection with a single discrete computer. All copyright notices must be retained at all times. The Software and Documentation shall be used only for your own personal, non-commercial use and not for the benefit of any other person or entity.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Licensor or its licensors. Any other use of the Software or Documentation by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
The Software and Documentation contain material that is protected by copyright law and trade secret law, and by international treaty provisions. All rights not granted to you herein are reserved to Licensor. You may not remove any proprietary notice of Licensor from any copy of the Software or Documentation.
This Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You must protect the Software and Documentation consistent with Licensor's rights therein, including informing persons who are permitted access thereto in order to satisfy your obligations hereunder and maintain the confidentiality of the Software and Documentation. You may not:
The Software and Documentation is provided “as is”. To the maximum extent permitted by law, Licensor disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Licensor does not warrant that the functions contained in the Software will meet any requirements or needs you may have, or that the Software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the Software will be corrected, or that the Software is compatible with any particular platform. Licensor is not obligated to provide any updates to the Software. Some jurisdictions do not allow the waiver or exclusion of implied warranties.
In no event will Licensor be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Software or Documentation, or for any claim by any other party, even if Licensor has been advised of the possibility of such damages. Licensor's liability with respect to its obligations under this Agreement or otherwise with respect to the Software and Documentation or otherwise shall not exceed the amount of the license fee paid by you to Licensor for the Software and Documentation. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Overwolf is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the internet, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Software. Under no circumstances shall Overwolf be responsible for any loss or damage resulting from use of the Software, from any content posted on or through the Software, or from the conduct of any users of the Software.
You may not export the Software in violation of applicable laws and regulations.
You agree to defend and indemnify Overwolf and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Software; or (ii) your violation of any of the terms and conditions of this Agreement.
The Overwolf client may include certain software made available under open source licenses (the “Open Source Software”). A list of such Open Source Software is available in Overwolf’s installation folder under “Licenses”. To the extent required by the applicable open source licenses, the terms and conditions of such licenses shall apply to the Open Source Software in lieu of the terms and conditions of this Agreement. Notwithstanding anything to the contrary in this Agreement, Overwolf makes no warranties in respect of Open Source Software in excess of the warranties set forth in the applicable open source license itself, and accepts no liability in respect of Open Source Software in excess of the limitation of liability set forth in the applicable open source license. If any license requires Overwolf to provide source code, Overwolf shall make such source code available to you upon your written request according to the terms of the applicable open source license.
Licensor may terminate this Agreement at any time if you violate its terms. Upon termination, you must immediately destroy or return to Licensor the Software and Documentation and cease all use thereof. Sections 2 (Ownership), 3 (Copyright), 4 (Restrictions), 5 (No Warranty), 6 (Limitation of Liability), 8 (Indemnification) and this Section 10 (Termination) shall survive the termination or expiration of this Agreement for any reason.
This Agreement shall be construed, interpreted and governed by the laws of the State of Israel without regard to conflicts of law provisions thereof. This Agreement shall constitute the entire agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties. Any other agreement between the parties must be in writing and signed by an authorized Overwolf representative. This product uses the Skype API, but is not endorsed, certified or otherwise approved in any way by Skype.