End User License Agreement

1. Agreement

THIS END USER LICENSE AGREEMENT, TOGETHER WITH THE PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE, SETS FORTH THE LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (AN INDIVIDUAL) AND DESOLINE INC. (“DESOLINE”, “US”, “OUR” OR “WE”). THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE CLICKABEAM DESKTOP APPLICATION FOR WINDOWS, INCLUDING ITS INSTALLER, UPDATES, AND DOCUMENTATION, AND THE OPTIONAL CLICKABEAM PHONE COMPANION APP WHEN IT IS AVAILABLE (TOGETHER, THE “SOFTWARE”), AND ANY ACCOMPANYING FEATURES AND SERVICES WE OFFER THROUGH IT (TOGETHER, THE “SERVICES”). PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE. DESOLINE RESERVES ALL RIGHTS IN THE SERVICES THAT ARE NOT EXPRESSLY GRANTED IN THIS AGREEMENT.

2. License Grant

Subject to your compliance with this Agreement, Desoline grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software, free of charge, on devices that you own or are authorized to administer, for your personal or internal business purposes.

The Software is licensed, not sold. Desoline and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Software and the Services.

3. Eligibility

You may not use the Services if you are under the age of 13 (or the minimum age required in your country to consent to the use of online services), or if you are not the owner or approved administrator of the device on which you install the Software.

4. Restrictions

Except as expressly permitted by this Agreement or by applicable law that cannot be excluded by contract, you may not:

• copy, modify, or create derivative works of the Software;
• reverse engineer, decompile, or disassemble the Software, except to the extent such restriction is prohibited by applicable law;
• sell, rent, lease, sublicense, distribute, or otherwise make the Software available to third parties, or bundle it with other software;
• remove or alter any proprietary notices, labels, or marks on the Software;
• circumvent or disable any security or technical features of the Software; or
• use the Software for any illegal or unauthorized purpose.

5. Your Responsibility for How You Use ClickaBeam

ClickaBeam automates mouse clicks on your device. You are solely responsible for how and where you use it. Many games, websites, and online services prohibit macros, auto clickers, or automated input in their own terms. It is your responsibility to check and comply with those terms and with all applicable laws. Desoline is not responsible for any account suspension, ban, loss of in-game items, or other consequence imposed by a third party as a result of your use of the Software.

You must not use the Software to commit fraud (including advertising or click fraud), to manipulate votes, polls, or rankings, to interfere with the operation of any service, or to violate the rights of others.

6. Optional Third-Party Component: Massive (Windows Only)

The Windows installer offers Massive, an optional service that keeps ClickaBeam free, on its own setup page with Accept and Decline. If you accept, Massive uses a small share of your computer's unused processing power, storage and internet bandwidth, including routing public web traffic for Massive's business customers through your connection, so the websites involved see your IP address. Massive runs in the background whenever ClickaBeam is running, and ClickaBeam keeps running in the Windows system tray after you close its window. Setup also ticks “Start ClickaBeam when you sign in (runs in the tray)” by default, which you can untick. You can switch Massive off at any time with the “Massive Service” switch in ClickaBeam's “Support ClickaBeam” panel, and Exit from the ClickaBeam tray icon stops it. Uninstalling ClickaBeam also removes Massive, and Massive has its own entry in Windows Settings → Apps → Installed apps. Decline and Massive isn't set up — ClickaBeam works exactly the same.

Massive is provided by Massive (joinmassive.com), not by Desoline, under Massive's own terms of service and privacy policy, which you accept directly with Massive if you choose to join. Massive acts as an independent controller of the traffic it routes. See also how ClickaBeam handles your Massive choice.

7. Privacy and Usage Data

We value your privacy. Please see our Privacy Policy for full details of our data practices.

The ClickaBeam desktop app sends usage data to Desoline over HTTPS while it runs. This reporting is always on and cannot be switched off in the app. Each report contains a random installation identifier, the event (“first start” or “start” when the app launches, a “heartbeat” every 10 minutes and when your PC wakes from sleep, and “exit” with the length of the session), the app version, your Windows version, and the ClickaBeam edition. As with any internet request, our server also receives the IP address the report is sent from. We use this data to count installations, understand how often and how long ClickaBeam is used, and monitor stability. ClickaBeam does not send your keystrokes, screen contents, click settings, click positions, or other personal content.

The phone companion app, when available, communicates only with your PC over your local network and does not send data to Desoline. To accept its connections, the desktop app listens on your local network (TCP port 8377, and UDP port 5353 for device discovery), and the installer adds Windows Firewall rules that allow these connections; uninstalling the Software removes them.

8. Updates and Changes

We may provide updates, patches, or new versions of the Software, and we may change, suspend, or discontinue any feature at any time. Updates are governed by this Agreement unless they come with separate terms.

We may amend this Agreement from time to time. When we do, we will update the “Last Updated” date above, and where a change is material we will provide reasonable notice, for example on our website or within the Software. Your continued use of the Software after the changes take effect constitutes acceptance of the amended Agreement. If you do not agree to the amended Agreement, you must stop using and uninstall the Software.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DESOLINE DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, COMPATIBLE WITH ANY PARTICULAR APPLICATION OR GAME, OR FREE OF HARMFUL COMPONENTS, OR THAT ITS USE WILL BE PERMITTED BY ANY THIRD-PARTY SERVICE. DESOLINE DOES NOT GUARANTEE COMPATIBILITY WITH EVERY PHONE, PC, OR NETWORK CONFIGURATION.

10. Limitation of Liability

IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICES, EVEN IF WE OR SUCH OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY DOLLARS ($50.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORIES OF LIABILITY.

Desoline is not liable for third-party services, including Massive and any game or application you use the Software with.

Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for willful misconduct, or any statutory rights you have as a consumer that cannot be waived by contract.

11. Term and Termination

This Agreement remains in effect until terminated. You may terminate it at any time by uninstalling the Software. We may suspend or terminate your license if you breach this Agreement. Upon termination you must stop using and uninstall the Software. Sections 2 (ownership), 4, 5, 9, 10, 12, and 13 survive termination.

12. Export and Sanctions

You may not use, export, or re-export the Software in violation of any applicable export-control or sanctions laws, or if you are located in, or a resident of, a country or region subject to comprehensive sanctions, or are listed on any government restricted-party list.

13. General

Entire Agreement. This Agreement, including the policies referred to in it, constitutes the entire agreement between you and us with respect to the Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding its subject matter.

Notifications. We may be required by applicable law to notify you of certain events. You acknowledge and consent that such notices will be effective upon our posting them on our website or through the Software, or delivering them to you by email where you have provided us with an email address.

Assignment. We may assign this Agreement, in whole or in part, to an affiliate or to any third party, including in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets. You may not assign, sublicense, or delegate your rights under this Agreement.

Governing Law. This Agreement and the relationship between you and Desoline shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its choice of law rules. Any legal action arising out of or relating to this Agreement or the Software shall be filed exclusively in the competent courts of Tel Aviv-Yaffo, and you consent to the personal and exclusive jurisdiction and venue of such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction, and if you are a consumer, nothing in this section deprives you of the protection of mandatory provisions of the law of your country of residence or your right to bring proceedings there. There are no third-party beneficiaries to this Agreement.

Severability; No Waiver. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions remain in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

Limitation Period. To the extent permitted by applicable law, any claim or cause of action arising out of or related to the Software or this Agreement must be filed within one (1) year after it arose or be forever barred.

14. Contact Us

For any question about this Agreement, contact us at support@desoline.com, or send us a message using the contact form.

Desoline Inc. · 716 Kfar Monash, Israel · support@desoline.com