JASTOK SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE
Jastok system is licensed not sold.
By using Jastok system and/or using Jastok services, you are agreeing to be bound by the following terms and conditions (“Terms of Service” , TOS). Any new features or tools which are added to the system or service shall be also subject to the TOS. You can review the most current version of the TOS at Jastok.com. Jastok reserves the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. By using Jastok or any Jastok services, you are agreeing to these most recent terms. Be sure to occasionally check back for updates.
If this Agreement is unacceptable to you, you must destroy any copies of the Software in your possession immediately.
Jastok Terms of Service:
The following terms and conditions govern all use of the Jastok system, mobile apps, websites and all content, services and products available at or through the Jastok system, apps or websites or webservers (“The Service”) . The system, apps, webservers and websites are owned and operated by Jastok (“Jastok”). The system, apps, webservers and websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Jastok’s Privacy Policy) and procedures that may be published from time to time on Jastok website by Jastok (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of The Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Jastok or use any of the services. If these terms and conditions are considered an offer by Jastok, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 18 years old.
Jastok’s system and applications are developed in order to get a better and safer world. Use this system or app to protect and secure.
Do not use this system or app to hurt or harm. Do not use this system or app to violate one’s privacy. Do not use this system or app in sensitive connotation.
You are not allowed to use this system or app for illegal activity in any way.
You are fully responsible for all activities that may happen in response for the use of the system or app.
Jastok takes no responsibility on how the system or app is used and/or functions, including expected and unexpected product behavior.
Errors and bugs
Every complicated product has errors and bugs to some extent. Jastok is trying to keep it minimal, but we have limited resources and mistakes may happen.
Test case the system, app and services thoroughly before using it for real needs, and after updates. Make sure it works the way you expect in all cases. Technical problems, positioning, network errors or wrong settings may cause malfunctions. If you find any issues or problems, please report to support@jastok.com.
Your Jastok Account If you register as a Jastok user, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Jastok of any unauthorized uses of your blog, your account, or any other breaches of security. Jastok will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Your Jastok Accounts, Alerts, photos and media :
Jastok app, upon user selection, will upload media files to a public web server. If you use Jastok app, you are fully responsible for all the pictures or videos taken by the app, and you are fully responsible for all creations and publishes of media created from your device.
If you register as a Jastok user, you are responsible for maintaining the security of your account.
If you have any suspicion or knowledge of security problem or unauthorized usage, let us know immediately at support@jastok.com.
Data Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. We use commercially acceptable means to protect your personal information. We do not pass your inputs or your photos to any 3rd party without your permission.
For best security keep upgrade your applications to the latest version!
In any case, you must not use Jastok in sensitive or confidential connotations. Jastok will not be responsible or accountable for any breach or leak of data or media.
Responsibility of Usage
If you use Jastok app, You are entirely responsible for the media generated from the device camera and any harm resulting from the publish of it.
By using Jastok app, you represent and warrant that:
– The owner of the device used to run Jastok approved the usage and agreed to the implied charges (camera, microphone, etc.)
– the usage is not pornographic and does not violate the privacy or publicity rights of any third party;
– the usage is lawful and ethical.
Without limiting any of those representations or warranties, Jastok has the right (though not the obligation) to, in Jastok’s sole discretion (i) refuse or remove any content that, in Jastok’s reasonable opinion, violates any Jastok policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of The Service or parts of it to any individual or entity for any reason, in Jastok’s sole discretion.
Private Use Only
These Terms of Service are for personal use of our app and services only. Any commercial use of our app and/or service is prohibited, and subject to an explicit written consent, which must be obtained from Jastok prior to any such commercial use. If You are creating an account for a business enterprise, or you are using our app and/or services for commercial uses, or if you are using our app in a commercial premise or in any other business facility (such as offices, factories, shops and stores, warehouses etc.), please contact us at hello@jastok.com to engage with us directly in a license agreement or other contractual arrangement suitable for such commercial uses of our app.
Payment and Renewal.
General Terms.
Optional paid services may be available on The Service platform or on legit, official digital markets (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Jastok the fees indicated for that service.
Automatic Renewal.
In case of subscription fees (monthly or annual), unless you notify Jastok before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription may automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscription based upgrades can be canceled at any time.
Restricted Use.
You may not reverse engineer, decompile or disassemble this system or app. You sell or lease Jastok. You may not use The Service to substantially replicate products or services offered by Jastok, including the republication of The Service itself or parts of it, or the creation of a separate competing product or service.
Responsibility of Website Visitors.
Jastok has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Jastok does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Jastok disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Jastok.com links, and that link to Jastok.com. Jastok does not have any control over those non Jastok websites and webpages, and is not responsible for their contents or their use. By linking to a non Jastok website or webpage, Jastok does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Jastok disclaims any responsibility for any harm resulting from your use of non Jastok websites and webpages.
Copyright Infringement and DMCA Policy.
As Jastok asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Jastok violates your copyright, you are encouraged to notify Jastok. Jastok will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. If possible, Jastok will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Jastok or others. In the case of such termination, Jastok will have no obligation to provide a refund of any amounts previously paid to Jastok.
Intellectual Property.
This Agreement does not transfer from Jastok to you any Jastok or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Jastok., Jastok.com, the Jastok logo, and all other trademarks, service marks, graphics and logos used in connection with Jastok, the system or the app or the Website are trademarks or registered trademarks of Jastok or Jastok’s licensors. Other trademarks, service marks, graphics and logos used in connection with The Service may be the trademarks of other third parties. Your use of The Service grants you no right or license to reproduce or otherwise use any Jastok or third-party trademarks.
Advertisements.
Jastok reserves the right to display advertisements on the Jastok web-site, services and apps.
Attribution.
Jastok reserves the right to display attribution links such as ‘Caught by Jastok’ on the website, photos, messages, and any other media within The Service.
Changes.
Jastok reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to The Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Jastok may also, in the future, offer new services and/or features through the Website or apps (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Jastok support
Jastok would like to give the best service to its users, customers and supporters. You are welcome to contact us and we hope that we can please you to the extent. Improving and fine-tuning our software and services to your needs is very important to us. You are advised to periodically check for software updates and new services.
Nevertheless, Jastok is not obligated to provide any maintenance or support.
Termination.
Jastok may terminate your access to all or any part of The Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement Jastok account (if you have one), you may simply discontinue using The Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Service, is provided ‘as-is’ without any warranty of any kind. Jastok and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Jastok nor its suppliers and licensors, makes any warranty that The Service will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website, web-service or mobile app at your own discretion and risk.
Limitation of Liability.
In no event will Jastok, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Jastok under this agreement during the twelve (12) month period prior to the cause of action. Jastok shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of The Service will be in strict accordance with the Jastok Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of The Service will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless Jastok, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of The Service, including but not limited to your violation of this Agreement.
Miscellaneous.
This Agreement constitutes the entire agreement between Jastok and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Jastok, or by the posting by Jastok of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Israel, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the Israeli state courts located in Tel-Aviv, Israel. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Tel-Aviv, Israel, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Jastok may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Jastok system is licensed not sold.
By using Jastok system and/or using Jastok services, you are agreeing to be bound by the following terms and conditions (“Terms of Service” , TOS). Any new features or tools which are added to the system or service shall be also subject to the TOS. You can review the most current version of the TOS at Jastok.com. Jastok reserves the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. By using Jastok or any Jastok services, you are agreeing to these most recent terms. Be sure to occasionally check back for updates.
If this Agreement is unacceptable to you, you must destroy any copies of the Software in your possession immediately.
Jastok Terms of Service:
The following terms and conditions govern all use of the Jastok system, mobile apps, websites and all content, services and products available at or through the Jastok system, apps or websites or webservers (“The Service”) . The system, apps, webservers and websites are owned and operated by Jastok (“Jastok”). The system, apps, webservers and websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Jastok’s Privacy Policy) and procedures that may be published from time to time on Jastok website by Jastok (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of The Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Jastok or use any of the services. If these terms and conditions are considered an offer by Jastok, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 18 years old.
Jastok’s system and applications are developed in order to get a better and safer world. Use this system or app to protect and secure.
Do not use this system or app to hurt or harm. Do not use this system or app to violate one’s privacy. Do not use this system or app in sensitive connotation.
You are not allowed to use this system or app for illegal activity in any way.
You are fully responsible for all activities that may happen in response for the use of the system or app.
Jastok takes no responsibility on how the system or app is used and/or functions, including expected and unexpected product behavior.
Errors and bugs
Every complicated product has errors and bugs to some extent. Jastok is trying to keep it minimal, but we have limited resources and mistakes may happen.
Test case the system, app and services thoroughly before using it for real needs, and after updates. Make sure it works the way you expect in all cases. Technical problems, positioning, network errors or wrong settings may cause malfunctions. If you find any issues or problems, please report to support@jastok.com.
Your Jastok Account If you register as a Jastok user, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Jastok of any unauthorized uses of your blog, your account, or any other breaches of security. Jastok will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Your Jastok Accounts, Alerts, photos and media :
Jastok app, upon user selection, will upload media files to a public web server. If you use Jastok app, you are fully responsible for all the pictures or videos taken by the app, and you are fully responsible for all creations and publishes of media created from your device.
If you register as a Jastok user, you are responsible for maintaining the security of your account.
If you have any suspicion or knowledge of security problem or unauthorized usage, let us know immediately at support@jastok.com.
Data Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. We use commercially acceptable means to protect your personal information. We do not pass your inputs or your photos to any 3rd party without your permission.
For best security keep upgrade your applications to the latest version!
In any case, you must not use Jastok in sensitive or confidential connotations. Jastok will not be responsible or accountable for any breach or leak of data or media.
Responsibility of Usage
If you use Jastok app, You are entirely responsible for the media generated from the device camera and any harm resulting from the publish of it.
By using Jastok app, you represent and warrant that:
– The owner of the device used to run Jastok approved the usage and agreed to the implied charges (camera, microphone, etc.)
– the usage is not pornographic and does not violate the privacy or publicity rights of any third party;
– the usage is lawful and ethical.
Without limiting any of those representations or warranties, Jastok has the right (though not the obligation) to, in Jastok’s sole discretion (i) refuse or remove any content that, in Jastok’s reasonable opinion, violates any Jastok policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of The Service or parts of it to any individual or entity for any reason, in Jastok’s sole discretion.
Private Use Only
These Terms of Service are for personal use of our app and services only. Any commercial use of our app and/or service is prohibited, and subject to an explicit written consent, which must be obtained from Jastok prior to any such commercial use. If You are creating an account for a business enterprise, or you are using our app and/or services for commercial uses, or if you are using our app in a commercial premise or in any other business facility (such as offices, factories, shops and stores, warehouses etc.), please contact us at hello@jastok.com to engage with us directly in a license agreement or other contractual arrangement suitable for such commercial uses of our app.
Payment and Renewal.
General Terms.
Optional paid services may be available on The Service platform or on legit, official digital markets (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Jastok the fees indicated for that service.
Automatic Renewal.
In case of subscription fees (monthly or annual), unless you notify Jastok before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription may automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscription based upgrades can be canceled at any time.
Restricted Use.
You may not reverse engineer, decompile or disassemble this system or app. You sell or lease Jastok. You may not use The Service to substantially replicate products or services offered by Jastok, including the republication of The Service itself or parts of it, or the creation of a separate competing product or service.
Responsibility of Website Visitors.
Jastok has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Jastok does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Jastok disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Jastok.com links, and that link to Jastok.com. Jastok does not have any control over those non Jastok websites and webpages, and is not responsible for their contents or their use. By linking to a non Jastok website or webpage, Jastok does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Jastok disclaims any responsibility for any harm resulting from your use of non Jastok websites and webpages.
Copyright Infringement and DMCA Policy.
As Jastok asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Jastok violates your copyright, you are encouraged to notify Jastok. Jastok will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. If possible, Jastok will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Jastok or others. In the case of such termination, Jastok will have no obligation to provide a refund of any amounts previously paid to Jastok.
Intellectual Property.
This Agreement does not transfer from Jastok to you any Jastok or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Jastok., Jastok.com, the Jastok logo, and all other trademarks, service marks, graphics and logos used in connection with Jastok, the system or the app or the Website are trademarks or registered trademarks of Jastok or Jastok’s licensors. Other trademarks, service marks, graphics and logos used in connection with The Service may be the trademarks of other third parties. Your use of The Service grants you no right or license to reproduce or otherwise use any Jastok or third-party trademarks.
Advertisements.
Jastok reserves the right to display advertisements on the Jastok web-site, services and apps.
Attribution.
Jastok reserves the right to display attribution links such as ‘Caught by Jastok’ on the website, photos, messages, and any other media within The Service.
Changes.
Jastok reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to The Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Jastok may also, in the future, offer new services and/or features through the Website or apps (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Jastok support
Jastok would like to give the best service to its users, customers and supporters. You are welcome to contact us and we hope that we can please you to the extent. Improving and fine-tuning our software and services to your needs is very important to us. You are advised to periodically check for software updates and new services.
Nevertheless, Jastok is not obligated to provide any maintenance or support.
Termination.
Jastok may terminate your access to all or any part of The Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement Jastok account (if you have one), you may simply discontinue using The Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Service, is provided ‘as-is’ without any warranty of any kind. Jastok and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Jastok nor its suppliers and licensors, makes any warranty that The Service will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website, web-service or mobile app at your own discretion and risk.
Limitation of Liability.
In no event will Jastok, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Jastok under this agreement during the twelve (12) month period prior to the cause of action. Jastok shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of The Service will be in strict accordance with the Jastok Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of The Service will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless Jastok, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of The Service, including but not limited to your violation of this Agreement.
Miscellaneous.
This Agreement constitutes the entire agreement between Jastok and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Jastok, or by the posting by Jastok of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Israel, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the Israeli state courts located in Tel-Aviv, Israel. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Tel-Aviv, Israel, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Jastok may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
