Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (this “Agreement”) BEFORE ACCESSING OR USING THIS WEBSITE.
We reserve the right, in our sole discretion, to change, modify or otherwise alter this Agreement with or without notice to you. Such changes and/or modifications shall become effective immediately upon the posting thereof on the Site, or where necessary according to applicable law, following any update in any other requisite manner.
1. General Conduct & Limited License
1.1 The Material is the property of RADA, and is protected, without limitation, by Israeli, U.S., EU and any other copyright and trademark laws, and in certain instances, Israeli, U.S., EU, and other patent laws. RADA hereby grants you a personal, non-exclusive, non-assignable, non-sublicensable and non-transferable permission to use and display, for non-commercial and personal use only, copy of the Material that you download from the Site, except as may otherwise be expressly provided on our Site. You agree that the copy of the Material shall retain all copyright, trademark and other proprietary notices in the same form and in the same manner as such notices appear on the Material or on the Site. You shall not otherwise reproduce, modify, distribute, reverse engineer, create derivative work, transmit, post, or publish (including, without limitation, display and distribution via a third-party website), the Material without RADA’s prior written consent. Except as expressly set forth herein, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of RADA.
1.2 You understand and agree that the Material is provided hereunder “AS IS” without warranty of any kind and that your use of the Material is at your sole discretion and risk. You shall be solely responsible for any damage to your network, software or computer system and any loss of data that may result from your use of the Site and/or the Material.
1.3 While visiting the Site, you shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, obscene, libelous, defamatory, disparaging, false or misleading; (b) unsolicited advertising, promotional material, or other forms of solicitation; (c) material that would infringe the intellectual property, privacy or other rights of third parties, (d) a computer virus, worm, Trojan horse or other element designed to destroy, corrupt, effect or gain unauthorized access to the Site or any RADA’s hardware or software accessible through the Site, or a digital or manual signature, password, or other element impersonating a RADA employee, or affiliate, or any forged TCP/IP headers or parts of a header or in any other manner, in an attempt to gain unauthorized access to RADA’s computers, software, data, accounts or databases.
1.4 You shall not, without the prior written consent of RADA, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic devices, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, Material, data or content found on the Site or accessed through the Site. You shall not engage in the mass downloading of files from the Site; use the computer processing power of the Site for purposes other than those permitted hereunder; or flood the Site with electronic traffic designed to slow or stop its operation. You shall not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use shall subject the offender to civil liability or criminal prosecution under applicable laws.
2. Third Party Material
2.1 The Site may include content owned or licensed by third parties, as well as links to websites owned by third parties (singularly and collectively “Third Party Material”). Access to and use of any Third-Party Material may subject you to the terms and conditions applied on the content and license owned by the third party, is at your sole risk and RADA shall not be responsible for the accuracy or reliability of any information, data, opinions, advice or statements made in such Third-Party Material. Moreover, by accessing those third-party websites you agree to be bound by their terms and conditions.
2.2 RADA’s inclusion of Third-Party Material on the Site shall not be construed as RADA’s endorsement of any third party or the Third-Party Material, and no rights or licenses are granted to you in the Third-Party Material. You agree to defend and hold RADA harmless from any and all liability that may result from your use of the Third-Party Material.
3. RADA Marks
3.1 Any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs (collectively, the “Marks”) provided in the Material or displayed on the Site are the property of RADA, except those who belong to third parties, and no right to use such Marks is granted to you herein.
4. Disclosure; Forward-Looking Statements
4.1 Some Material may include forward-looking statements. These statements relate to RADA’s current plans, estimates, strategies, goals and beliefs and as such do not relate to historical or current facts. Forward-looking statements contained in the Material generally are identified by the words “believe,” “project”, “expect”, “will likely result”, and “strategy”, “plan”, “may”, “should”, “will”, “would”, “will be”, “will continue”, “will likely result” and similar expressions. Forward-looking statements are based on management’s current expectations, estimates, projections and assumptions and are not guarantees of future performance and involve certain risks and uncertainties, the outcomes of which cannot be predicted. Therefore, actual future results, performance and trends may differ materially from these forward-looking statements due to a variety of factors, including, without limitation, the scope and length of customer contracts; general market, political and economic conditions in the countries in which we operate or sell, including Israel and the United States among others; differences in anticipated and actual program performance, including the ability to perform under long-term fixed-price contracts; and the outcome of legal and/or regulatory proceedings. The factors listed above are not all-inclusive, and further information about risks and other factors that will affect our future performance is contained in RADA’s annual report on Form 20-F and RADA’s other reports on Form 6-K. We expressly disclaim any obligation to update or review any forward-looking statements on this Site, whether as a result of new information, future events or otherwise, except as may be required by applicable law. In view of the foregoing, you agree to place no reliance on any forward-looking statements on the Site.
4.2 Nothing in the Site constitutes investment advice. All investors should know that all stock prices move up and down in the market, and that there are no guarantees as to the future performance of RADA’s shares or any shares.
4.3 RADA does not generate the share price information for the Site. RADA believes that the information is accurate but cannot guarantee the accuracy, completeness or timeliness of the information. You shall not rely on the information for investment purposes. RADA shall not be liable for any loss or damages, whether direct, indirect, special, incidental, consequential, or exemplary that arise from reliance on information contained on or through links from, the Site that relates to RADA’s shares or shares’ prices.
5. Accuracy and Timeliness of Information and Historical Information
5.1 RADA assumes no responsibility to monitor the accuracy, completeness, timeliness or reliability of any Material on the Site. As such, Material may not be updated when errors are uncovered, or as new information becomes available. You understand that certain Material, including, but not limited to, annual reports, press releases, and product information, may become stale or incomplete over time, and you hereby release RADA from any and all liability associated with same.
5.2 RADA original content and other material which may be archived on RADA -provided Sites is believed to be accurate at the time of creation and original date of posting. However, you should understand that the passage of time, subsequent events and other changes may make the posting stale.
5.3 Although such original content and other Material may be included on such Sites as archival Material, RADA may not have updated, edited, changed or removed the content, and disclaims any obligation to do so. To the extent reliance on dated Material is made, it is done so at your sole risk.
6.1 Under no circumstances and under no legal or equitable theory, including negligence, shall RADA, its officers, employees, directors, agents, suppliers, or any other party involved in providing the site, be liable to you or any other person for any damages whatsoever, including, but not limited to, direct, indirect, punitive, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data, software or hardware, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance of the site, the material, any RADA product or service, hyperlinked website, or any damages resulting from the use of or reliance on the site and/or the material presented, even if RADA has been advised, knew, or should have known of the possibility of such damages. 6.2 all material provided on the site is provided “as is” without warranty of any kind, either express or implied. RADA disclaims all warranties, including, without limitation, those of merchantability, fitness for a particular purpose, title, non-infringement, or those arising from a course of dealing, usage, or trade practice.
7. Data Protection and Privacy.
7.1 Users understand and agree that RADA will collect certain data from Users who use the Website, which data includes information that may personally identify such Users. RADA will use such data only in accordance with its Data Protection Policy, which can be read at: https://www.rada.com/articles/privacy-policy.
8. Termination and Survival; Miscellaneous
8.1 Some of the provisions of this Agreement are for the benefit of RADA, its officers, directors, employees, agents, subsidiaries, suppliers, and any third-party information providers. Each of these persons or entities above, shall have the right, to enforce these provisions directly against you on its own behalf if you violate any of the terms or conditions of this Agreement.
8.2 RADA’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this Agreement. RADA may assign its rights and duties under this Agreement to any party at any time without notice to you.
8.3 This Agreement shall expire when you discontinue use of the Site.
8.4 In the event of breach of this Agreement, RADA may terminate your access to and your use of the Site and the Materials.
8.5 Obligations and duties arising under this Agreement, which by their nature extend beyond the termination of this Agreement, shall survive any termination and shall remain in effect for a period of three (3) years thereafter.
Notices sent by electronic means shall be deemed received when they are sent, and will be responded to as soon as reasonably possible according to the nature of the correspondence/notice.
8.7 This Agreement shall be governed by the laws of Israel. Any dispute, controversy or claim arising out of or relating to this Agreement, will be referred solely to the competent court in Tel-Aviv.