# eulas

text:
  Устанавливая программу, вы принимаете условия Лицензионного соглашения <a href="http://legal.yandex.ru/desktop_software_agreement/">http://legal.yandex.ru/desktop_software_agreement/</a>


text:
  <a href="http://www.gg.pl/prawne/regulamin/">Full End-User License Agreement is available at http://www.gg.pl/prawne/regulamin/ (in Polish only).</a>


text:
  General Terms and Conditions of Business for Lupus Labs UG

  § 1 Scope of the General Terms and Conditions of Business

  Lupus Labs UG, hereinafter "Lupus Labs", provides all deliveries and services exclusively on the basis of these General Terms and Conditions of Business.

  The following General Terms and Conditions of Business drawn up by Lupus Labs regulate the legal relationship between Lupus Labs and the users who access Lupus Labs's software and internet platform in order to consult the information on goods and services contained therein, and/or in order to use Lupus Labs's services and content (hereinafter "users").

  Special Terms and Conditions of Use may apply to some of Lupus Labs's services. Should the special regulations differ from these General Terms and Conditions of Use, the special regulations will have precedence.

  § 2 Changes to the price and performance description and to the Terms and Conditions of Use

  Lupus Labs retains the right to change the performance and price description and the content of these Terms and Conditions of Use at certain times insofar as this can reasonably be expected to be accepted by the user. At the same time, if the user does not object to these changes by e-mail or in writing within a period of four weeks, Lupus Labs will expressly point out to the user that these changes will become a component of the agreement existing between both parties. If the user does object to the changes, Lupus Labs has the right to cancel this agreement by e-mail or in writing with two weeks' notice.

  § 3 Performance description 

  (a) Lupus Labs offers its users a platform on which they can create and use virtual people, called "weblins", in other words virtual people who are easy to create and manage based on weblin technology. In this respect, digital content is used with the aid of the web browser and the weblin software program.

  (b) Weblin created in this way can be configured on the weblin platform at "my weblin" and used as virtual people in websites.

  (c) Provided that the user has given permission, Lupus Labs will inform the user irregularly of special offers and new services being offered by Lupus Labs.

  (d) Additional services exist within the context of use of weblin, which are offered at a cost (hereinafter "additional services"). Services provided at a cost include e.g. the use of virtual objects, participation in games and events.

  (e) The services provided at a cost can be obtained using the virtual weblin currency ("Weblin Coins"). Weblin Coins is placed at the user's disposal at a cost via a number of different payment procedures.

  (f) A more detailed description of the possible methods of payment and details of the additional services currently being offered and their equivalent value in weblin Coins can be found in the current price list. The price list can vary for individual users, depending on a user's "reputation" in the weblin world. The user can always view his current reputation in his weblin character profile.

  (g) The additional services and articles purchased using the virtual weblin currency weblin Coins are stored as data sets on Lupus Labs UG's servers and are made accessible to users complying with these Terms and Conditions of Use. Weblin explicitly points out that minors absolutely need full approval in advance by their parents or legal guardians. When additional services and articles are being used, the corresponding amount in weblin Coins will be withdrawn from the user's virtual account. 

  (h) The user accepts that weblin Coins is not paid out in real money and that weblin Coins may not be transferred between user accounts. Any loss of Weblin Coins or Termination / barring of access of a weblin / weblin-Acount will not entitle to any payback of the money paid for Weblin Coins unless the account was terminated by Weblin and this termination was not caused by intentional or careless behaviour of the user.
   
  § 4 Preconditions for use

  (a) Registration is required for interactive use of weblin. This consists of registration on the part of the user.

  (b) The user must truthfully provide all data required for registration. In this respect, the user must also provide a valid e-mail address. The user agrees to the storage on Lupus Labs software of all e-mails and messages sent by weblin in relation to conclusion of the agreement.

  No claim to conclusion of a licence agreement and the associated registration exists. Lupus Labs reserves the right to reject the conclusion of a licence agreement without providing any reasons.

  (c) The user is obliged to immediately inform Lupus Labs of any changes to the data provided during registration.

  § 5 Contractual obligations

  (a) The user may create a Lupus Labs account. Lupus Labs reserves the right to limit the number of characters per user. Misuse of several accounts is prohibited and will lead to expulsion.

  (b) The user is obliged to protect access to Lupus Labs's services against unauthorised use by third parties. Access data (user name and password) may not be passed on. The user is liable for any unauthorised use of his access data caused as a result of his behaviour and for the associated use of Lupus Labs's services, insofar as fault applies to him. As soon as the user becomes aware that his access data has become accessible to third parties, he is obliged to change his password. Lupus Labs must be informed immediately if this is not possible.

  (c) The user supplies Lupus Labs with a binding e-mail address at which he is available at all times. Lupus Labs only accepts e-mail addresses attributed to the user. The user consents to the use of his e-mail address by Lupus Labs for the purpose of sending information, in particular concerning changes to services and the Terms and Conditions of Business.

  (d) Should Lupus Labs become aware that the form, content or use of the user's weblin character(s) contravene bans/regulations, third-party rights or offend common decency, Lupus Labs is entitled to remove the illegal information or to bar access to the user's account.

  (e) Lupus Labs does not guarantee the proper nature of the user's weblin character, unless Lupus Labs can be accused of intention or gross negligence.

  § 6 Reservation of right

  The weblin website and all weblin services are provided without any undertakings in relation to availability and quality. Lupus Labs reserves the right to change or close down at any time and without providing reasons the software program, the website or the scope of the services provided free of charge.

  § 7 Use of weblin characters

  (a) The user declares himself to be in agreement to use weblin characters and all of the functions contained in the user portal exclusively for the purposes provided for by Lupus Labs.

  (b) The user declares himself to be in agreement not to intervene in third-party rights (e.g. rights of personality) and not to act towards other users or third parties in a criminal manner by e.g. insulting, slandering, abusing, harassing, threatening or otherwise harming them.

  (c) The user may not contravene legal regulations, offend common decency or infringe third-party rights (rights to the use of a name, intellectual property rights and data protection rights, etc.) by means of the form, content or use of his weblin characters. The user is in particular obliged in his capacity as a member not to show any pornographic content or content glorifying violence or inciting peoples, not to call on other members to commit criminal offences nor provide details of how to do this, and not to offer nor allow to be offered services containing pornographic or erotic content (e.g. nude photographs, peepshows, etc.).

  (d) The user many not store any data in Lupus Labs's user portal or on one of its data carriers which, due to its type or composition (e.g. viruses) or size, or its being copied (e.g. spamming), is capable of endangering the continued existence or the operation of Lupus Labs's computer centre or data network.

  (e) The user declares himself to be in agreement not to offer or advertise products or services for commercial purposes.

  (f) The user declares himself to be in agreement not to carry out or pass on opinion polls, competitions, snowball systems, mass e-mails ("spam") or chain letters.

  (g) The user declares himself to be in agreement not to enter, publish nor in any other way transfer content that infringes third-party rights, in particular patents, brands, industrial property rights, business secrets nor any other type of property rights, and in particular does not disregard such third-party rights when preparing digital content for downloading.

  (h) Lupus Labs reserves the right to bar access on the part of the user to specific or all weblin characters at any time without providing reasons. The Weblin Coins credit balances on the user's barred weblin account may not be used, § 3 h) is fully applicable. 

  (i) Lupus Labs is not obliged to monitor the weblin characters at all times. However, Lupus Labs reserves the right to bar weblin characters or the user's account or to remove them from circulation. Under the legal regulations, Lupus Labs provides information on weblin characters insofar as this is necessary in order to satisfy the applicable law, legal proceedings or an official disposition. 

  (j) The user recognises that weblin characters created by or for him, e.g. drawings, photographs and profiles are accessible by the public. Entries marked as "private" and file uploads (in particular, images) may be publicly accessible due to operational errors on the part of the user or due to illegal access by a third party or due to errors in the computer software that cannot be ruled out due to the current state-of-the-art.

  (k) Lupus Labs's liability for the unwanted publication of content (articles, photographs, etc.) is excluded, insofar as Lupus Labs cannot be accused of intention or gross negligence.

  § 8 Copyright material

  (a) Users may not download or use copyright-protected material (e.g. graphics, in particular animated avatars, sounds, etc.) provided by Lupus Labs or a third party. Users may not duplicate, reproduce, transfer, sell, publish or use this material for commercial or any other purposes.

  (b) The materials referred to under Paragraph (a) remain the property of Lupus Labs or the third party, who place them at the disposal of the users.

  § 9 Limitation of liability

  § 9.1 Limitation of liability of internet platform

  (a) Lupus Labs is not liable for the constant and uninterrupted potential use of Lupus Labs's internet platform.

  (b) Lupus Labs is not liable for stored content. The user himself ensures that his works (e.g. images, graphics, avatars) are suitably stored.

  (c) Lupus Labs is not responsible for the content of advertising banners and other external content not created by Lupus Labs on the websites. In addition, Lupus Labs cannot be made responsible for the content of websites referred to by Lupus Labs and Lupus Labs services, e.g. top sites.

  (d) The downloading or receipt by other means of content connected to the services takes place at the owner's own risk. If intention or gross negligence on the part of Lupus Labs cannot be proved, the user alone is responsible for damage to his computer system or any other technical equipment used, or for the loss of data, or for other types of damage caused by the downloading of content, or any other transactions related to the services.

  (e) The user is obliged to pay for the costs of providing the necessary technical preconditions for use of the services, in particular the required hardware and software (e.g. internet browser) as well as access- and transfer-related services. Lupus Labs is in no way liable for the compatibility of the services with these individual pieces of hardware and software.

  (f) Claims for compensation against Lupus Labs are excluded regardless of their legal basis, unless Lupus Labs has acted intentionally or with gross negligence, or unless the claims for compensation result from the infringement of a quality for which warranty was provided.

  § 9.2 Limitation of liability software download and installation

  § 9.2.1 Except for the exclusive remedy set forth above and as otherwise provided in section § 9.2.2 in no event will Lupus Labs be liable to you for any loss, damages, claims or costs whatsoever including any consequential, indirect or incidential damages, any lost profits or lost savings, any damages resulting from business interruption, resonal injury or failure to meet any duty of care, or claims by a third party, even if a Lupus Labs representative has been advised of the possibility of such loss. Damages, claims or costs, the foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. Lupus Labs´s aggregate liability and that of its suppliers under or in connection with this agreement will be limited to the amount for the software, if any. This Limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement.

  Nothing contained in this agreement limits Lupus Labs´s liability to you in the event of death or personal injury resulting from Lupus Labs´s negligence or for the tort of deceit (fraud). For further information, please see the jurisdiction specific information at the end of this agreement, if any.

  § 9.2.2 Limitation of Liability for Users Residing in Germany and Austria. If you obtained the Software in Germany or Austria, and you usually reside in such country, then § 9.2.1 does not apply. Instead, subject to the provisions in Section (a) Lupus Labs statutory liability for damages will be limited as follows: (i) Lupus Labs will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Lupus Labs will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.

  (a) The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.

  (b) You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this agreement.

  § 9.2.3 Pre-release Software and Tryout software Additional Terms.

  If the Software is pre-commercial release or beta software ("Pre-release Software"), then this Section applies. The Pre-release Software is a pre-release version, does not represent final product from Lupus Labs, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Your use of pre-release software is at your own risk.

  If the Software is tryout, then the following Section applies. The Tryout Software may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. Your use of tryout-software is at your own risk.

  § 9.2.4 Time Out Features.

  If features are timeout features then they will cease operations after a designated period of time or number of launches following installation. The license hereunder will terminate after such period or number of launches unless extended by Lupus Labs. Access to any files or output created with such features is entirely at your own risk.

  § 10 Termination of agreement

  (a) Users are entitled to cancel their user account with weblin at any time, to cancel services for their user account which are offered at a cost by complying with the period of notice, or to cancel services which are offered at a cost. Lupus Labs is entitled to cancel user accounts while complying with a period of notice of two weeks. The right to notice to quit for cause remains unaffected thereby.

  (b) weblin services provided at a cost may be subject to special regulations, which are announced when the agreement is being concluded.

  (c) Once the cancellation comes into force, all the user's personal data stored by Lupus Labs will be deleted within the legally stipulated periods.

  § 11 Data protection

  Data related to the user's person will be collected, processed and used by Lupus Labs during the contractual relationship without the further express consent of the user only for the purposes of processing the agreement, including billing. Data collection, use and processing takes place electronically. In this respect, Lupus Labs would like to point out to its users that, as part of the business relationship, Lupus Labs stores and processes personal user data. Lupus Labs reserves the right to use this data anonymously. User contact data is stored on the customer's own account. Furthermore, Lupus Labs stores information on all services used in the customer accounts so that it can show the user this information if he so wishes. With the exception of data given to service providers for the processing of payments for services offered at a cost, Lupus Labs does not pass on personal data to third parties. In this respect, by means of contractual arrangements, Lupus Labs guarantees that its partner companies comply with the regulations on data protection.

  § 12 Final provisions

  (a) Insofar as the user is a company, the licence agreement, including these General Terms and Conditions of Business, is subject to the substantive law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. Insofar as the user is a consumer, this licence agreement and these General Terms and Conditions of Business are subject to the law of the country in which the consumer usually resides.

  (b) The exclusive place of jurisdiction for all disputes arising from this agreement is Hamburg in Germany.

  (c) Should individual provisions of these General Terms and Conditions of Use be wholly or partially invalid, or lose their validity at a later date, then the validity of the remaining provisions will remain unaffected thereby. The invalid provision is to be replaced by the parties with a valid provision which corresponds as far as possible to the invalid provision and approaches the economic purpose of the invalid provision as closely as possible.

  General Terms and Conditions of Business of Lupus Labs UG, Hamburg, Germany.

  Status: 02/2012


text:
  Lingofy AGREEMENT

  THIS AGREEMENT (the Agreement) is entered into among and between

  (1) Lingofy AS, Østensjøveien 36, NO-0667 Oslo, Norway (organisation no. 888283382) (Lingofy) and

  (2) You as a customer (Customer),

  separately referred to as a party, and jointly as the parties.

  1. BACKGROUND AND PURPOSE

  Lingofy develops, licenses, maintains and supports a commercial software-as-a-service for proofreading and spell checking purposes. 

  The Customer wishes to use the service for its internal business purposes, and Lingofy is willing to grant the Customer a license for such use, subject to the terms of this Agreement.

  The purpose of the Agreement is to regulate the parties’ rights and obligations in relation to granting Customer a license to access and use the services.

  The Customer enters into and accepts the Agreement by clicking accept terms for use.

  2. DEFINITIONS

  In this Agreement:

  Affiliate means any company or legal entity which controls, or is controlled by a party, or is controlled by an entity which controls a party, in accordance with the definition in the Norwegian Limited Liability Act § 1-3.

  Change of Control means the (i) consolidation or merger of or transfer of control over the Customer, with or into any entity (other than the consolidation of the Customer with an affiliate of the Customer in which the Customer is the surviving entity), (ii) acquisition by any entity, or group of entities acting in concert, of ownership of outstanding voting securities or other ownership interests of the Customer as would result in the entity becoming an affiliate of such other entity or entities, or (iii) any sale, transfer or other disposition of all or substantially all of the assets of the Customer.

  Confidential Information means all information and documentation of a party whether disclosed to or accessed by the Customer in connection with the Agreement: (i) any and all information marked or identified as confidential (ii) with respect to Lingofy, all the data and all information of Lingofys and their employees, customers, suppliers and other third parties conducting business with Lingofy (iii) products, methods, processes, software programs, designs, specifications, algorithms, trade secrets, services, (iv) any information developed by reference to or use of Lingofy’ information, whether (without limitation) in written, picture, machine readable or oral form, or obtained by observation during visits.

  Customer Data means the data provided by the Customer for the Customer’s use of the Services, including without limitation written material to be spell checked or proofread by the Services.

  Documentation means all documentation to the Services and / or the Software.

  Intellectual Property means all work of authorship, procedures, designs, inventions, discoveries, and, in each case, in all forms, formats, languages and versions.

  Intellectual Property Rights means all rights, title to and interest in any Intellectual Property, including without limitation, copyrights, patents, designs, trade marks, trade secrets and database rights and all registrations and applications relating to the foregoing.

  Services means the services for spellchecking or proof reading purposes which are delivered to the Customer through the Internet, “Lingofy”

  Software means all software comprised and contained in the Services, and all software downloaded by the Services to Customer’s computer in connection with Customer’s use of the Services.

   

  3. THE SERVICES

  3.1 GENERAL

  Lingofy shall provide Customer with access to the Services, as further set out in the Agreement.

  The Customer’s acknowledges and accepts that use of and access to the Services requires downloading and installation of software and plugins at the Customer’s computer, and that such downloading and installation will be done automatically when the Customer accesses the Services

  3.2 MAINTENANCE

  Lingofy shall take reasonable commercial efforts to ensure that the Services and the Software operate substantially in accordance with the Documentation.

  Lingofy may update the Services with new releases, versions, error corrections and patches, at regular intervals to be determined at Lingofy’ discretion. Lingofy may further update the dictionaries comprised in the Services at regular intervals, also to be determined at Lingofy’ discretion.

  4. CUSTOMER’S COOPERATION AND RESPONSIBILITIES

  Customer shall ensure that no unauthorised users are given access to the Services, and shall implement measures to keep usernames and passwords to the Services confidential.

  Customer shall pay the charges for the Services according to the rates and terms set out in on the webpage for the Services.

  Customer is responsible for its own Internet connection, and for the Internet browsers and the software, including valid licenses to such browsers and software, required for access to and use of the Services, as may vary from time to time, and which is set out in the Documentation and / or specifications for the Services.

  Customer acknowledges that no software is error free. Customer shall therefore be solely responsible for taking all precautions which are necessary to ensure that the Services do not cause negative effects. Customer further acknowledges that the Services may be unavailable from time to time, due to, among other, maintenance and update, and that such unavailability shall result in no liability whatsoever for Lingofy.

  5. PAYMENT AND COMMERCIAL TERMS

  Customer shall pay to Lingofy all fees, charges and expenses for the Services, as set out on the webpage for the Services. If the Customer pays by invoice, the invoice is due within thirty (30) days of the invoice date.

  All prices, fees and charges are exclusive of VAT. Customer shall be responsible for all local taxes.

  Lingofy may, at any time, adjust prices, fees and charges. The new prices will be posted on the webpage for the Services.

  Late payment shall entitle Lingofy to late payment interest in accordance with the Norwegian Act Relating to Late Payment Interest of 1976.

  6. LICENSE

  Lingofy hereby grants to Customer a limited, non-exclusive, revocable, non-transferrable, non-sub-licensable right to use the Services, including the Software comprised in the Services, solely for Customer’s internal business purposes.

  Customer may not modify, further develop, disassemble, decompile or reverse engineer the Services, the Software or any elements of the Services.

  In the event Customer is a company or corporation, Customer’s Affiliates may not use the Services or the Software without Lingofy’ express, prior, written consent. 

  Customer may not use the Services or the Software for (i) the purpose of any transaction undertaken for a fee or performed substantially for the benefit of a third party, (ii) sending spam, infringing or otherwise unlawful material, (iii) sending viruses, worms, Trojan horses or other malware, (iv) interfere with or disrupt the performance of the Services, (v) processing unlawful or infringing Customer Data or (vi) attempting to gain unauthorized access to the Services.

  7. OWNERSHIP

  Lingofy, and / or its licensors, shall have full title and ownership to the Services, the Software and the Documentation, and to any modifications, customizations and further development of the Software, Services or Documentation, also when such modifications, customizations and further development is performed under the Agreement or as part of Customer’s cooperation with Lingofy. All exclusive Intellectual Property Rights, trade secrets, trademarks, patents, copyrights and database rights shall remain with Lingofy, and are not transferred to Customer as part of the Agreement.

  8. CUSTOMER DATA

  Customer shall have all rights, title to and interest in the Customer Data.

  Customer shall be responsible and liable for the content, correctness and lawfulness of the Customer Data.

  Customer shall not use the Services to process Customer Data exceeding the maximum document size, the maximum number of documents per day, the maximum processing time per day or the maximum number of processed bytes per day, specified in the Documentation for the Services. Nor shall Customer use the Services to process material or Customer Data that infringes a third party right, or is otherwise unlawful.

  Lingofy may use and download all Customer Data, including Customer Data personalized by the Customer, for internal business purposes such as improving, further developing and maintaining the Services and other products.

  9. REGULATORY COMPLIANCE / PERSONAL DATA

  If the Agreement involves processing of Personal Data, Lingofy shall ensure that the processing is compliant with the Norwegian Personal Data Act of 2000 with regulations.

  10. WARRANTY

  Lingofy warrants that the Services and the Software functions substantially in accordance with the description set out in the documentation for the Services.

  Lingofy further warrants that the Services will be performed in a professional manner by qualified personnel, and in accordance with the Agreement.

  11. BREACH

  11.1 REMEDIES

  In the event of a defect in the Services, Lingofy may, at its sole remedy, replace or repair the defective part of the Services.

  Lingofy shall have no obligation to correct errors, defects and malfunctions caused by Customer’s misuse or abuse of the Services, Customer’s use of the Services in conflict with Lingofy’ instructions, the specifications or the Documentations, or errors caused by use of software or hardware that are non-compliant with the Services.

  11.2 SUSPENSION

  If Customer’s use constitutes a breach of the Agreement, including without limitation a default in payment, failing to have a valid license to the Services, uses the Services or the Software to process infringing or unlawful material, Lingofy may immediately suspend the Services for as long as the breach giving rise to the suspension continues.

  11.3 TERMINATION FOR BREACH

  Lingofy may, by written notice, immediately terminate the Agreement if the Customer:

  fails to remedy a material breach within thirty (30) days after receipt of a notice specifying the breach;
  commits material breach of the Agreement that is not capable of remedy; or
  is declared bankrupt, becomes insolvent, makes any arrangement or compositions with or assignment for the benefit of its creditors, or goes into voluntary or compulsory liquidation or has a receiver or administrator appointed over its assets.
   

  11.4 LIMITATION OF LIABILITY

  Either party’s liability shall be limited to the license fees paid or due for the Services. If no license fees are paid or due, Lingus shall have no liability whatsoever under the Agreement.

  Neither party shall be liable for the other party’s indirect or consequential damages, including without limitation, loss of contract, loss of data, loss of Customer Data or loss of profit.

  However, Customer acknowledges that breach of the confidentiality obligation or licence conditions set out in clause 6 may cause irreparable damage to Lingus, and shall therefore not be subject to the limitation of liability set out in this clause.

  12. TERM AND TERMINATION

  The Agreement is effective from the date Customer accepts and enters into the Agreement by clicking accept terms for use.

  13. INDEMNIFICATION

  Lingofy agrees to indemnify Customer, limited up to the license fee paid or due during the last 12 calendar months, with respect to a suit, claim or proceeding brought against Customer due to a third party Intellectual Property Rights infringement in the Services and / or the Software, only if a court of competent jurisdiction bindingly has decided that the Services and / or the Software actually infringes such third party rights.

  If such suit, claim or proceeding in a party’s reasonable opinion is likely to arise, Lingofy may, at Lingofy’ option, either 1) procure for Customer the right to continued use of the Services, or 2) substitute the infringing part of the Services with non-infringing parts.

  The indemnities under set out above are contingent upon: (1) the Customer promptly notifying Lingofy in writing of any claim which may give rise to a claim for indemnification hereunder; (2) Lingofy being allowed to control the defence and settlement of such suit, claim or proceeding; and (3) the Customer co-operating with all reasonable requests of the Lingofy in defending or settling a suit, claim or proceeding.

  14. FORCE MAJEURE

  Neither party shall be liable to the other for any failure to fulfil obligations caused by circumstances beyond its reasonable control which qualifies as force majeure under Norwegian law (Force Majeure event). If a Force Majeure Event occurs the affected party shall without undue delay inform the other party thereof and also of how long the Force Majeure Event is expected to continue.

  If a Force Majeure Event continues for sixty (60) days or more, either party may terminate the Agreement by a written notice to the other party. The termination shall be effective two (2) weeks after the date of the termination notice. Both parties shall make their best efforts to mitigate the effects of a Force Majeure Event.

  15. MISCELLANOEUS

  15.1 CONFIDENTIALITY

  Both parties shall observe complete confidentiality with respect to any Confidential Information about the other party.

  Notwithstanding the foregoing, the parties may disclose Confidential Information to their employees, consultants, subcontractors and advisors to the extent disclosure is necessary for fulfilment of the Agreement, provided such employees, consultants, subcontractors and advisors enter into a confidentiality agreement with at least the same level of protection as the Agreement.

  Confidential Information may not be used for any other purposes than the Agreement.

  The confidentiality obligation shall not apply to information that:

  is already known by a party prior to entering into the Agreement;
  is or becomes publicly known, and this is not caused by breach of the Agreement; or
  is rightfully received from a third party.
   

  A party may disclose Confidential Information when such disclosure is required by law or a court decision made by a court of competent jurisdiction.

  Breach of the confidentiality obligation is regarded as material breach of the Agreement. The confidentiality clause shall survive termination of the Agreement.

  15.2 ASSIGNMENT

  Customer may not assign its rights or obligations under the Agreement without the Lingofy’ prior written consent.

  Lingofy may freely assign its rights and obligations under the Agreement.

  15.3 CHANGE OF CONTROL OR OWNERSHIP IN CUSTOMER

  In case of Change of Control in Customer, Lingofy shall immediately be notified, and shall thereafter have the right to terminate the Agreement with one (1) months notice to Customer.

  15.4 MODIFICATIONS

  Lingofy may, from time to time, amend or modify this Agreement. The updated Agreement will be posted on the Services’ webpage, and the Customer will be asked to enter into and accept the updated Agreement the next time the Customer accesses the Services.

  15.5 INDEPENDENT PARTIES

  Nothing in the Agreement shall be interpreted to form a partnership or joint venture between the parties, or authorize either party to act on or enter into agreement on the other party’s behalf.

  15.6 GOVERNING LAW AND DISPUTE RESOLUTION

  The Agreement is regulated by the laws of Norway.

  In case of a dispute arising out of or in relation to the Agreement, the parties shall make their best efforts to settle the dispute amicably by negotiations. If the dispute has not been settled within four (4) weeks of such negotiations have been requested, the dispute shall be settled by arbitration in Oslo, in accordance with the Norwegian Arbitration Act of 2004.


text:
  Copyright (c) 2013 - AntiGameOrigin by Shole/Francolino

  <a href="http://antigame.de/">http://antigame.de/</a>
  	
  1. AntiGameOrigin is not open source. Code changes are prohibited and it is strictly forbidden to distribute AntiGameOrigin or modified versions.
  2. AntiGameOrigin is for private use only.
  3. You use AntiGameOrigin "as it is" on your own risk and please respect "fair play".
  4. AntiGameOrigin might stop working if you use forbidden OGame tools. List of allowed tools: <a href="http://board.origin.ogame.de/board3-news/board58-ogame-news/104-tolerated-addons-tools-scripts-skins/">http://board.origin.ogame.de/board3-news/board58-ogame-news/104-tolerated-addons-tools-scripts-skins/</a>


text:
  ATTENTION PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE AND DOWNLOADING ANY CONTENT. IF YOU USE THE SITE OR DOWNLOAD CONTENT YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS.

  This is a legally binding contract between you and <a href="http://Openoffice.us.com">Openoffice.us.com</a>. By downloading, installing, copying, running, or using our screensavers, clipart, wallpaper, games or other software (collectively "Content") available via <a href="http://Openoffice.us.com">Openoffice.us.com</a>, and other websites we own that post a link to this agreement (collectively the "Sites"), you are agreeing to be bound by the terms of this Agreement. You are also agreeing to our Privacy Policy. If you do not agree to our terms, you must navigate away from our Sites, you may not download the Content, and you must destroy any copies of the Content in your possession.

  If you are under 18, you must have your parent or guardian's permission before you use our Sites or download Content. In an effort to comply with the Children's Online Privacy Protection Act, we will not knowingly collect personally identifiable information from children under the age of 13.

  This Agreement may be modified by us from time to time. If you breach any term in this Agreement your right to use the Sites and Content will terminate automatically.

  1. The Download Process. Your download and software installation is managed by Download Admin. Download Admin: (i) downloads the files necessary to install your software; and (ii) scans your computer for specific files and registry settings to ensure software compatibility with your operating system and other software installed on your computer. Once Download Admin has been initiated, you will be presented with a welcome screen, it allows you to choose to install the software or cancel out of the process. We may show you one or more partner software offers. You are not required to accept a software offer to receive your download. We may also offer to: (i) change your browser’s homepage; (ii) change your default search provider; and (iii) install icons on your computer’s desktop, including third-party offers. Software we own and our partner’s software may include advertisements within the application.

  2. Delivery of Advertising. By accessing the Sites and downloading the Content, you hereby grant us permission to display promotional information, advertisements, and offers for third party products or services (collectively "Advertising"). The Advertising may include, without limitation, content, offers for products or services, data, links, articles, graphic or video messages, text, software, music, sound, graphics or other materials or services. The timing, frequency, placement and extent of the Advertising changes are determined in our sole discretion. You further grant us permission to collect and use certain aggregate information in accord with our Privacy Policy.

  3. Your Obligations. You may not use another person's name or information on our Sites. You agree to use the Sites and Content only for lawful purposes. You agree not to take any action that might compromise the security of the Sites, render the Sites inaccessible to others or otherwise cause damage to the Sites or the Content. You agree not to use the Sites in any manner that might interfere with our or our Partner's rights. You represent and warrants that (a) you are the owner or an authorized user of the computer that the Content is installed on, (b) you will use the Content, and the Sites only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations, and (c) you are at least thirteen years of age. Persons under thirteen years of age may not use the Content. You agree not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify the Content, except to uninstall the same as provided herein. You acknowledge sole responsibility for installing appropriate anti-virus software and other security measures on your computer.

  4. Grant of License. We grant you a non-exclusive, non-transferable and non-assignable license to use the Content within the United States of America, in accordance with the terms and conditions of this Agreement. Other than the rights expressly granted hereunder, no other right is granted. You agree not to add to, subtract from or otherwise modify, translate, disassemble, decompile, reverse engineer, or create derivative works of the Content. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the Content. You may make only such copies of the Content as are reasonably necessary for your own use, and any copy made by you must bear the same copyright and other proprietary notices that appear on the copy furnished by us.

  5. Termination. This license will immediately terminate if you violate any provision of this Agreement. We may also terminate this license at any time without notice.

  6. Ownership. We own all intellectual property rights in and to the Content. This license is not a sale and does not render you the owner of a copy of the Content. Ownership of the Content and all components and copies thereof will at all times remain with us, regardless of who may be deemed the owner of the tangible media on which the Content is copied, encoded or otherwise fixed.

  7. Disclaimer of Warranties. WE PROVIDE ALL CONTENT "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. ALL SITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT ANY PART OF THE CONTENT NOR DO WE REPRESENT THE CONTENT WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU.

  8. Exclusive Remedy. IF YOU ARE DISSATISFIED WITH THE SITES, THE CONTENT OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND CONTENT.

  9. Limitations of Liability. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED ONE DOLLAR (US$1.00). BY INSTALLING OR USING THE CONTENT, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.

  10. Third-Party Advertisers. We make no representations or warranties concerning third-party or Partner Offers, you agree that we are not responsible or liable for any loss or damage of any sort incurred, or as the result of the delivery or display of the Offers. WE ARE NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS OF ANYTHIRD-PARTY OR PARTNER WEBSITE OR OFFERS REGARDLESS OF WHETHER THE OFFER IS HOSTED BY US. WE MAKE AN EFFORT TO SCREEN ALL OFFERS TO ENSURE THE BEST POSSIBLE EXPERIENCE FOR OUR USERS. HOWEVER, WE ARE NOT RESPONSIBLE FOR DEALINGS BETWEEN YOU AND A PARTNER. YOU ARE HOWEVER RESPONSIBLE FOR AND MUST CAREFULLY REVIEW EACH PARTNER OFFER AND READ THEIR TERMS AND CONDITION, AND THE PRIVACY POLICY.

  11. Waiver of Claims and Indemnification. By accessing or using our Sites or downloading Content, you forever waive any and all claims you have or may have in the future against us. You shall indemnify and hold us our subsidiaries, officers, directors, attorneys employees and licensors, harmless against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject that arise out of, or relate to: (i) your use or inability to use the Content; (ii) any violation of this Agreement or the license agreement or privacy policy governing any Third Party Software; (iii) Your infringement or misappropriation or alleged infringement or misappropriation of any copyright, trademark, patent, trade secret or other personal or proprietary right; or (iv) any gross negligence or willful misconduct. You shall reimburse us for all legal and other expenses, including without limitation attorneys' fees incurred in connection with investigating, defending or settling any claim or loss.

  12. Copyright Policy. <a href="http://Openoffice.us.com">Openoffice.us.com</a> respects the rights of copyright holders. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to:

  webmaster@Openoffice.us.com

  To be effective, notifications must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) identification of works or materials being infringed; (iii) identification of the content that is claim to be infringing including, information regarding that location of the content that the copyright owner seeks to have removed, with sufficient detail so that <a href="http://Openoffice.us.com">Openoffice.us.com</a> is capable of finding and verifying its existence; (iv) contact information about the notifying party including address, telephone number and email address; (v) a statement that the notifying party has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

  Once a complete and proper notice of claimed copyright infringement is received by <a href="http://Openoffice.us.com">Openoffice.us.com</a>, it is <a href="http://Openoffice.us.com">Openoffice.us.com</a>’s policy to: (i) remove or disable access to the content on <a href="http://Openoffice.us.com">Openoffice.us.com</a>'s websites or content directories; and (ii) block a user who has posted infringing content two or more times from posting any further content.

  13. Miscellaneous.

  Enforcement, Choice of Law, Choice of Forum. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the State of Minnesota without respect to its choice of law provisions. Any action between the parties will be venued in a California state or federal court. You irrevocably submit to the personal jurisdiction in California state or federal court.
  No Modifications or Waiver. This Agreement may not be modified or amended except by a separate writing, signed by both you and us. The failure by us at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
  Effect of Agreement, Survival of Terms. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No third party beneficiaries are intended or created by virtue of this Agreement. This Agreement does not create a partnership, joint venture or agency relationship between the parties. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will survive. You acknowledge that you have not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement.
  Electronic Form. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  Correction of Errors and Inaccuracies. This Agreement, the Content, and Sites may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement, the Content or Sites at any time without prior notice. We do not however, guarantee that any errors, inaccuracies or omissions will be corrected.
  14. Definition of Terms.
  Offers include e-mail, promotions, advertisements contests and third-party software presented by our Partners and us.

  Personally Identifiable Information (PII) is any information that identifies or could be used to identify, contact or locate you. It also includes your credit card number.

  Partner is an advertiser, or other entity with whom we have a business relationship to provide Offers.

  Content includes, but is not limited to, our screensavers, wallpapers, games, animated gifs, clip art, buddy icons, greeting cards, browser skins, fonts, desktop themes, html editors, sound effects, social networking software, storage, and calendar software.

  User means an individual that has accessed the Sites on which we host our Products or Services.

  We, Us and Our refers to <a href="http://Openoffice.us.com">Openoffice.us.com</a> and its subsidiaries.

  You and Your refer to each user and his or her agents.

  15. Questions or Additional Information. If you have any questions regarding this Agreement or wish to obtain additional information, you can contact us at:

  webmaster@Openoffice.us.com


text:
  --------
  このアドオンは無保証です。
  このアドオンは、営利・非営利を問わずに自由に使用できます。
  内容を一切変えないのならば、再配布も自由です。
  ソースの改変・流用は現時点では禁止にします。
  ただし、他のアドオンからオーバーライドする際に、コードの一部を利用するのは制限しません。
  その場合は、ユーザーがそのオーバーライドを無効にできる設定を用意してください。
  ---
  ライセンス条項は以上です。
  ライセンスがないと Firefox add-ons にアップロードできなくなったので、急いで作っただけです。
  コードの改変については、いずれ時間がある時にしっかりとした規定を作るか、他のライセンスを選択するかもしれません。
  しかし、原文が英語のライセンス、管轄裁判所が日本ではないライセンスは選択できないので、今のところ選択できるライセンスがありません。
  ----------

  ----------------------------------------------------------------------------------------

  Axel Shootingstar license translated to english:
  -----
  This add-on has no guarantee.
  Whether this add-on is for profit or not for profit, it can be used for free.
  As long as this content is not altered in any way, redistribution is completely free.
  Altering or leaking the source is forbidden at this time.
  However, when it is over-ridden by other add-ons, use of a portion of the code is unlimited.
  -----
  In this case, users must be prepared to deactivate the over-ride.
  This is the end of the license clauses.
  I made the license quickly since it has become impossible to upload Firefox add-ons without a license.
  Regarding modification to the code, I might either establish sound rules for changing the code when I have the time, or choose another license.
  However, the original license is in English, and the court with jurisdiction cannot choose a non-Japanese license. Therefore, as it stands, there is no eligible license.
  -----------


text:
  Source Code License

  Private License
  Effective Date: December 1, 2015

  This Red Ball System Product End-User License Agreement (the “EULA” or “Agreement”) is a legal agreement between you and Red Ball System, (the “Company”), the US-based legal owner of Red Ball System’s products and services (together with any successor Red Ball System extensions, the “Services”), and provides the terms and conditions by which you may use the Services, including any associated media, scripts, printed materials, and online or electronic documentation. This EULA supersedes any other agreement or understanding with respect to its subject matter. By downloading, installing and using the Services, you agree to the terms of this EULA. The Red Ball System Product Privacy Statement is subject to and incorporated into this EULA.

  The Services are the intellectual property of the Company and are protected by copyright and trademark laws and international copyright treaties, as well as other intellectual property laws. Intellectual property, includes, but is not limited to computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, tracker libraries, script libraries, trade secrets, and any other content or work product that may be found in the Services. All trademarks, service marks and trade names are owned, registered and/or licensed by the Company.

  1. Grant of License: Subject to the terms of this EULA, and in the case of Red Ball System’s Browser Extension, the Company grants to you a limited, worldwide, non-exclusive, royalty-free, revocable, non-commercial license only to: (i) download the Services to a computer or device via a web browser, (ii) use the Services for your personal use or enjoyment. 

  Subject to the terms of this EULA, and In the case of Red Ball System’s commercial products, the Company grants to you a limited, worldwide, non-exclusive, royalty-free, revocable, commercial license only to use the Services for lawful, commercial purposes.

  The Company does not grant you any other rights whatsoever, in either the Red Ball System Browser Extension or its commercial products in relation to the Services.  All other rights are expressly reserved by the Company.

  2. Other Limitations and Prohibited Uses: Unless you have express written permission from the Company, you may not: (i) use the Services in any way that violates this EULA, (ii) distribute the Services or any portion thereof to any third parties, (iii) decompile, disassemble or reverse engineer the Services or any part or portion thereof for any purpose,or analysis, (iv) adapt, modify, edit, change, modify, transform, circumvent any copy protection, publish, republish, distribute, or redistribute the Services or any elements, portions, or parts thereof, without limitation, in any form or media, (v) use any automated data collection methods, data mining, robots, scraping or any data gathering methods of any kind on the Services, (vi) rent, lease, or lend the Services to any third party, (vii) design, build, or cause to be designed or built any competing or derivative product or service.

  3. Support Services. The Company may provide you with support services, and any supplemental software code provided to you as part of those services shall be considered part of the Services and are subject to the terms and conditions of this EULA.  You must comply with all applicable laws regarding use of the Services. 

  4. Enforcement of Copyright and Protection of Intellectual Property: If the Company discovers that you have used its Services or other protected intellectual property in contravention of the terms of this EULA, the Company may, in its sole discretion, revoke this license and bring legal proceedings against you, seeking all available remedies, including monetary damages, injunctive relief, and legal fees and costs. If you become aware of any use of the Services or protected intellectual property that contravenes or may contravene the terms of this EULA, immediately report this by email to legal@Red Ball <a href="http://System.com">System.com</a> or by first-class mail to Red Ball System, care of Legal Department.

  5. Termination: Your right to use the Services continues until terminated by the Company, which may terminate this Agreement and your license to use the Services at any time, without cause, without notice, and for any reason whatsoever. You may terminate this Agreement at any time by uninstalling the Services. This Agreement will automatically terminate if you fail to comply with any of the terms of this EULA. Upon termination, you agree to stop using and to uninstall the Services.

  6. No Warranties: The Services are provided “AS IS” without warranty of any kind. The Company does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Services. The Company makes no warranties respecting any harm that may be caused by the transmission of any kind of computer virus.

  7. Limitation of Liability: In no event shall the Company be liable for any damages (including, without limitation, lost profits, business interruption, or loss of data) rising out of use of or inability to use the Services. Notwithstanding anything to the contrary, in no event will the Company be liable for indirect, special, incidental, consequential (including lost profit), punitive, exemplary, or other damages based in contract, tort or otherwise. The Company shall have no liability with respect to the content or operation of the Services.

  8. Governing Law and Jurisdiction:  This Agreement will be governed by the laws of the State of New York, without regard to its conflicts of law principles.  You agree  to submit to the personal jurisdiction of the state and federal courts located in Manhattan, New York.


text:
  Please read the following terms and conditions carefully, as they apply to all interactions you have with Frozen Mountain Software, Inc.

  A. Agreement to Terms of Use

  These Terms and Conditions of Use (the "Terms of Use") apply to the Frozen Mountain Website located at <a href="http://www.frozenmountain.com">www.frozenmountain.com</a> (the "Website"), which is the property of Frozen Mountain Corporation ("Frozen Mountain") and its licensors. By using or visiting the Website, you agree to comply with, and be bound by, these Terms of Use and all applicable laws and regulations. Please review the following Terms of Use carefully. If you do not agree to these Terms of Use, you may not access or use the Website and you should immediately exit the Website. The terms "we" "our" refer to Frozen Mountain. The terms "you" and "your" refer to the user or viewer of the Website.

  Frozen Mountain reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Frozen Mountain grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website which shall be defined by these Terms of Use as follows.

  B. Content

  All content available on the Website including, without limitation, text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Frozen Mountain, and is protected by laws relating to trade dress, copyright, patent, unfair competition, trademark, and/or other forms of intellectual property rights and by other applicable law and Frozen Mountain reserves and retains all rights in and to such Content.

  The name and mark "Frozen Mountain" and any other names, marks, logos, graphics, designs, webpage designs, and icons of Frozen Mountain used in connection with the Website are registered or unregistered trademarks, service marks, or trade dress of Frozen Mountain (the "Marks"). You may not use the Marks other than in connection with any incidental use as necessary to view and access the Website. Without limiting the foregoing, you shall not be permitted to use any of the Marks or any other names or marks that are similar to, or likely to cause confusion with, any of the Marks.

  Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Frozen Mountain's express prior written consent.

  You may use information on Frozen Mountain products and services (such as data sheets, knowledge base articles, and similar materials) purposely and explicitly made available, with written permission, by Frozen Mountain for downloading from the Website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

  Frozen Mountain is not responsible for the conduct, whether online or offline, of any user of the Website.

  C. Your Use of the Website

  Except solely as necessary for you to access the Website for its intended purpose, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, sublicense or sell the Content or any portion thereof. Except as expressly set forth in these Terms of Use, these Terms of Use do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied licenses or licenses granted by estoppel or otherwise.

  ]You may not use any "deep-link", "page-scrape", "robot", "spider" or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely and explicitly made available, with written permission, through the Website.

  You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Frozen Mountain server, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

  You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Frozen Mountain's systems or networks, or any systems or networks connected to the Website or to Frozen Mountain.

  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

  You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Frozen Mountain on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

  You may not use the Website or any Content, or post any messages or content, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Frozen Mountain or others.

  D. Changes to Service and Suspension of Service

  Frozen Mountain reserves the right, in its sole discretion, to change, suspend, discontinue, or terminate the Website or any and all content, applications, materials, and other items used or contained in the Website at any time and from time to time and without notice or explanation, for any or no reason, and without any liability to you. Frozen Mountain reserves the right in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your access to the Website or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without any liability to you.

  E. Commercial Transactions

  Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

  Frozen Mountain's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

  Frozen Mountain may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Frozen Mountain makes no commitment to update the materials on the Website with respect to such products and services.

  F. Accounts, Passwords, and Security

  Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Frozen Mountain immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Frozen Mountain or any other user of or visitor to the Website due to someone else using your ID, password or account.

  You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Frozen Mountain cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

  Registration for an account is void where the user lacks the eligibility for registration or such registration is otherwise prohibited. Registration for an account, any part of the Website or any service provided by Frozen Mountain is limited to users thirteen (13) years of age or older. Any registration by any user under thirteen (13) years of age is expressly prohibited. By submitting registration information, you represent and warrant that you are thirteen (13) years of age or older, that all registration information you submit is truthful and accurate, that you will maintain the accuracy of such information, that you agree to abide by the terms and conditions of these Terms of Use, and that your registration does not and will not violate any applicable law or regulation. A person who is eligible and desires to create an account may, upon consenting to these Terms of Use, submit an application to register in accordance with the procedures set forth by Frozen Mountain. Frozen Mountain reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.

  G. Privacy

  Frozen Mountain's Privacy Policy applies to use of this Website. The Privacy Policy is incorporated into these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. By using the Website, you consent to have your personal data transferred to, and processed in, the United States.

  H. Third Party Websites

  This Website may contain links to other independent third-party websites ("Linked Sites") and content (including, without limitation, text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties ("Third Party Content"). Such Linked Sites and Third Party Content are not under Frozen Mountain's control, and Frozen Mountain is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Frozen Mountain's inclusion of any linked website or third party content on the Website does not imply approval, partnership, or endorsement of such website or content by Frozen Mountain. If you follow a link to a Linked Site or otherwise access a third party website, you do so solely at your own risk, and Frozen Mountain's Privacy Policy and other policies and practices, including these Terms of Use, do not apply to your use or access of such Linked Sites. Frozen Mountain takes no responsibility for third party advertisements or third party applications that are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers. Reference to any products, services, content, or other information, whether by trade name, trademark, service mark, manufacturer, supplier, or otherwise, does not constitute or imply sponsorship, endorsement, or recommendation by, or any affiliation with, Frozen Mountain. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

  I. Disclaimers

  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ANY CONTENT, APPLICATIONS OR MATERIALS PROVIDED BY OR ON THE WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS AND FROZEN MOUNTAIN HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  FROZEN MOUNTAIN CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE. FROZEN MOUNTAIN SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES OR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE. FROZEN MOUNTAIN DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE WEBSITE OR DOWNLOADED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE WEBSITE OR ANY APPLICATIONS OR CONTENT PROVIDED BY FROZEN MOUNTAIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND/OR DOWNLOADING OF ANY SUCH APPLICATIONS, CONTENT, DATA, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE, AND OTHER MALICIOUS CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY OF THE FOREGOING AND ANY DAMAGES TO YOUR MOBILE DEVICE, COMPUTER, DATABASE, OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT FROM ANY OF THE FOREGOING. FROZEN MOUNTAIN CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER FROZEN MOUNTAIN IS AWARE OF THESE DEFECTS, ERRORS OR OMISSIONS.

  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FROZEN MOUNTAIN FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH IN THIS SECTION, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS, AND WAIVERS OF LIABILITY SET FORTH IN THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE.

  J. Limitation of Liability

  IN NO EVENT SHALL FROZEN MOUNTAIN, ITS AFFILIATES, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE WEBSITE, EVEN IF FROZEN MOUNTAIN IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, FROZEN MOUNTAIN IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, FROZEN MOUNTAIN'S AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE WEBSITE PAID IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST FROZEN MOUNTAIN (BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY FROZEN MOUNTAIN SOFTWARE PRODUCTS OR SERVICES), OR (2) US$100.00. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH THROUGHOUT THIS SECTION AND THESE TERMS OF USE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE FROZEN MOUNTAIN'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  K. Indemnity

  You agree to indemnify and hold Frozen Mountain, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all demands, losses, damages, costs liability, claims or expenses (including reasonable attorneys' fees and costs of investigation), made against Frozen Mountain by any third party due to or arising out of or in connection with, (a) your use of the Website, (b) your breach of these Terms of Use, including your breach of any covenant, representation, warranty, term, or condition set forth herein, including, without limitation, the obligations set out in the section "Your Use of the Website," or (c) your violation of any law or regulation or of any third party rights, including infringement, libel, misappropriation, or other violation of any third party's intellectual property or other legal rights.

  L. Violation of These Terms of Use

  In the event of your violation of these Terms of Use, Frozen Mountain may take any of the following actions. These potential actions do not limit the rights of Frozen Mountain to these possible actions in the event of violation of these Terms of Use, nor does this section limit the rights or possible actions of Frozen Mountain in situations where no breach has occurred

  Frozen Mountain may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Frozen Mountain's rights or property, or the rights or property of visitors to or users of the Website, including Frozen Mountain's customers. Frozen Mountain reserves the right at all times to disclose any information that Frozen Mountain deems necessary to comply with any applicable law, regulation, legal process or governmental request. Frozen Mountain also may disclose your information when Frozen Mountain determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

  You acknowledge and agree that Frozen Mountain may preserve any transmittal or communication by you with Frozen Mountain through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Frozen Mountain determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Frozen Mountain, its employees, users of or visitors to the Website, and the public.

  You agree that Frozen Mountain may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Frozen Mountain, for which monetary damages would be inadequate, and you consent to Frozen Mountain obtaining any injunctive or equitable relief that Frozen Mountain deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Frozen Mountain may have at law or in equity.

  You agree that Frozen Mountain may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

  If Frozen Mountain does take any legal action against you as a result of your violation of these Terms of Use, Frozen Mountain will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Frozen Mountain. You agree that Frozen Mountain will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

  M. Notice of Infringement

  If you believe that the use or display of any content on the Website infringes any copyright that you own or control, please contact Frozen Mountain's designated agent for copyright claims at:

  Frozen Mountain Legal Dept
  4691 Saddlehorn Cres.
  Langley, BC Canada
  V2Z 2L7
  1-888-379-6686

  When providing notification of alleged infringement of a copyright that you own or control, please provide Frozen Mountain's designated agent the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website; (b) identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit Frozen Mountain to locate the material; (c) information reasonably sufficient to permit Frozen Mountain to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) your physical or electronic signature.

  N. Governing Law; Disputes

  The internal laws of the State of North Carolina excluding its conflict of laws principles, shall govern these Terms of Use and any dispute between you and Frozen Mountain or any of its officers, directors, affiliates, or employees. You and Frozen Mountain hereby consent to and agree to submit to the exclusive jurisdiction of, and venue in, the state and federal courts located within Wake Country, North Carolina with respect to any dispute arising from your use of the Website or these Terms of Use or any other dispute between you and Frozen Mountain. Each party irrevocably waives, to the fullest extent permitted by law, any right to trial by jury in the resolution of any dispute arising out of, or relating to, use of the Website and these Terms of Use. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to the jurisdiction of, and venue in, the state and federal courts of Wake County, North Carolina. You agree that any cause of action you may have arising out of or related to these Terms of Use or the Website must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

  O. Miscellaneous

  These Terms of Use operate to the fullest extent permissible by applicable law. If any provision of these Terms of Use are deemed to be invalid, void or unenforceable, such provision shall be deemed severed or limited to the minimum extent necessary and the remaining provisions of these Terms of Use shall not be affected and shall remain in full force and effect. These Terms of Use, along with the Privacy Policy referenced herein, constitute the entire agreement between you and Frozen Mountain with regard to your use of the Website, and any and all other written or oral agreements, proposals or understandings previously existing between you and Frozen Mountain with respect to your use of the Website are hereby superseded and cancelled. Frozen Mountain will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The headings used for the sections in these Terms of Use are for convenience and reference purposes only and shall in no way affect the meaning or interpretation of these Terms of Use. Frozen Mountain's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Frozen Mountain of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Frozen Mountain and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms of Use and any rights granted hereunder may not be transferred or assigned by you, and any such transfer or assignment shall be void and ineffective. Frozen Mountain may freely assign these Terms of Use and its rights and obligations hereunder without restriction. The rights and obligations of these Terms of Use shall survive the termination of your use of this Website and any use of Frozen Mountain services and products. Nothing in these Terms of Use or any action by either party should be interpreted as creating an agency or partnership relationship.


text:
  <a href="http://Yodiz.com">Yodiz.com</a> End User License Agreement &amp; Privacy Statement:
  1. GENERAL

  This Agreement ("Agreement") is a legal agreement between you ("you") and VizTrend oy ("VizTrend") and applies to your use of VizTrend’s Service <a href="http://Yodiz.com">Yodiz.com</a>.
  1.1 DEFINITIONS
  “Customer Data” shall mean all data submitted by you to the Service.

  “Intellectual Property Rights” shall mean copyrights and other similar rights and related rights (including database and catalogue rights), patents, utility models, trade marks, trade secrets, know-how and any other form of statutory protection of any kind and applications for any of the foregoing respectively.

  “Service” shall mean VizTrend’s Yodiz application for project and team management.

  “Main User” shall mean the employee within your organisation who manages the use of the Service.

  “User(s)” shall mean your employees (including Main User) who are authorized by you (and designated by the Main User) to use the Service.   
  2. USE OF THE SERVICE
  Upon and subject to the terms and conditions of this Agreement, VizTrend hereby grants to you a limited, non-transferable and non-exclusive right to allow the Users to access the Service and to use the Service solely for your internal business operations.

  The rights granted to the Users in this Section 2 are limited to the number of the User subscriptions as chosen by you during the ordering process or during the term of this Agreement. The Main User is responsible for controlling the use of the Service within your organization. The Main User has the possibility to increase or decrease the number of the Users and their subscriptions on the Service.

  You have no right to sub-license, assign or transfer the rights granted to you in this Agreement.  

  All copyrights and other Intellectual Property Rights in and to the Service are and shall at all times remain the sole and exclusive property of VizTrend and its licensors. VizTrend does not transfer any of its Intellectual Property Rights or third party Intellectual Property Rights to you under this Agreement.  

  All rights not expressly granted to you in this Agreement shall be retained by VizTrend.
  3. TECHNICAL REQUIREMENTS

  The technical requirements for your hardware, software and data connections (including the compatible Internet browsers) are set out on VizTrend’s website. VizTrend may, from time to time, make reasonable changes to such requirements. You are solely responsible for the acquisition and financing of any hardware, software and data connections that are necessary to use the Service. 
  4. CHANGES IN THE SERVICE

  VizTrend shall have the right to update and change any part of the Service from time to time. If the changes or updates made require changes in your hardware, software and/or data connections, VizTrend shall notify you of such requirements (e.g. browser updates) one (1) month prior to the implementation of the necessary changes. You are solely responsible for all costs related to the changes of hardware, software and/or data connections.  

  Any modifications or development work requested by you shall always be separately agreed upon with VizTrend. Such services shall be invoiced on time and material basis.
  5. AVAILABILITY  

  VizTrend shall use reasonable endeavours to provide the Service on a continuous basis. The expected availability of the Service is 99.0 % or even more over a monthly period. For the avoidance of doubt, VizTrend does not warrant the continued availability of the Service and it shall not be liable to compensate you any downtime of the Service. VizTrend shall not be responsible for any failure to provide the Service which is due to problems with any aspects of your system or the network connections.

  VizTrend has the right to interrupt the provision of the Service temporarily for maintenance of the Service.
  6. SUPPORT SERVICES

  VizTrend shall provide email support to the Main User during the term of the Agreement.  
  7. YOUR RESPONSIBILITIES

  You shall be responsible for maintaining the secrecy and security of the Users’ IDs and passwords. You are fully responsible for all activities, transactions and other operations which are made through the Service by using the User and Main User IDs and passwords.

  You have no right to store, distribute or transmit any Customer Data through the Service that is unlawful or infringing or promotes any illegal activities.
  8. CHARGES AND PAYMENT 
  You shall pay all fees and charges applicable to your subscription package in accordance with the fees, charges and billing terms in force at the time when the fee or charge is due and payable.

  All payments are to be made in advance before the commencement of the respective Service period unless otherwise agreed between you and VizTrend. By accepting this Agreement, you understand that you may not cancel or revoke your payment and all payments are non-refundable.

  All prices are stated exclusive of income taxes, value-added taxes (VAT), sales or use taxes, duties and other charges by authorities. Any and all payments hereunder shall be in Euros, if not specifically stated otherwise.

  Interest shall be chargeable on any amounts overdue at the rate of ten (10) percent per annum. 
  9. CUSTOMER DATA

  You shall own all rights, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.

   VizTrend acknowledges and agrees that the Customer Data and all data processed in relation to the provision of the Service may be your Confidential Information (as defined below), and VizTrend shall store such data only to the extent necessary for the provision of the Service and shall not use such data for any other purpose.

   In case the Customer Data processed in accordance with this Agreement contains personal data, you must comply with all applicable personal data protection and privacy laws. You shall be the data controller and VizTrend the data processor as defined in the European Union’s Data Protection Directive 95/46/EC or in any national corresponding legislation. For the avoidance of doubt, you will retain full responsibility for the data processed on your behalf by VizTrend acting as data processor. 

   You acknowledge and hereby accept that for the purpose of providing the Service the whole or any part of your Customer Data may be processed by VizTrend’s affiliates, partners and subcontractors.

   VizTrend (and those third parties subcontracted by VizTrend to perform services related to Service hosting, Customer Data maintenance and back-up) shall follow its standard archiving and back-up procedures for the Customer Data. In the event of any loss or damage to the Customer Data, your sole and exclusive remedy shall be for VizTrend to use reasonable commercial efforts to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by VizTrend or a third party subcontractor. For the sake of clarity, VizTrend shall not be responsible or liable for the deletion, damage, loss or failure to store any Customer Data.

   You shall have at all times a right to request a delivery of a copy of the Customer Data. At receipt of such request VizTrend shall without unreasonable delay deliver a digital copy of the Customer Data in a format enabling a reasonable review of the data (e.g. Excel sheet or similar). VizTrend shall charge for the work related to the delivery in accordance with its then current price list.

   Upon request by you made within fourteen (14) days after the termination or expiration of the Agreement for whatever reason VizTrend shall without charge deliver a digital copy of the Customer Data in a format enabling a reasonable review of the data (e.g. Excel sheet or similar).  

   Unless otherwise agreed in writing between the Parties, VizTrend shall destroy the Customer Data in its possession after such 14-day period.
  10. Confidentiality 
  For the purposes of this Agreement, "Confidential Information" shall mean all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing.

  Both VizTrend and you agree to keep secret and confidential all Confidential Information provided by the Disclosing Party. The obligations and limitations set forth herein regarding the Confidential Information shall not apply to information which is:

  (i)            in the public domain other than by a breach of this Agreement on the part of the Receiving Party; or

  (ii)          rightfully received from a third party which has the right and transmits it to the Receiving Party without breaching any obligation of confidentiality; or

  (iii)         rightfully known to the Receiving Party without breaching any limitation on use or disclosure prior to receipt of the same from the disclosing Party, as shown by the records of the Receiving Party; or 

  (iv)         generally made available to third parties by the Disclosing Party without any restriction concerning use or disclosure; or

  (v)          required to be disclosed by law or by a court of competent jurisdiction or by the rules or regulations of an applicable governmental or taxation or regulatory body or authority to whose jurisdiction the Receiving Party is subject.

   
  11. LIMITATION OF LIABILITY 

  The Service is provided ”as is” without any warranties of any kind. You acknowledge and agree that any use of the Service is at your sole risk and liability. To the maximum extent permitted by applicable law, VizTrend expressly disclaims any and all representations and warranties, either express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Service.

  No warranty or representation is given that the functions contained in the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free, or that defects in the Service will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Service.

  In no event will VizTrend be liable to you for any indirect damages arising from the use or inability to use the Service. Such damages include, but are not limited to, loss of profits, loss of revenue, loss of data or loss of use of the Service, even if VizTrend has been advised of the possibility of such damages. 

  In no event shall VizTrend’s aggregate liability arising out of or related to this Agreement exceed the total amount paid by you hereunder in one (1) month preceding the incident.
  12. TERM AND TERMINATION 
  This Agreement will be effective as of the date upon which you accept these terms or start using the Service and continues until all User subscriptions have expired or been terminated. User subscriptions purchased by you commence on the start date specified in the subscription and continue for the subscription term specified therein.
  The Agreement will also terminate automatically if you fail to comply with any of the restrictions or other requirements described herein. After the termination or expiration of this Agreement, you shall cease the use and utilisation of the Service.

  Except as otherwise stated on the VizTrend’s website, all User subscriptions shall automatically renew for additional periods equal to the expiring subscription term, unless either party gives the other notice of non-renewal not less than three (3) days before the end of the relevant subscription term.
  Either party to this Agreement may terminate the Agreement with immediate effect if the other party substantially breaches its obligations under this Agreement.

  VizTrend may terminate this Agreement with immediate effect upon written notice in the event that your organisation is involved in any proceedings under any bankruptcy or other insolvency laws or is liquidated, dissolved, or its existence is terminated, or otherwise ceases payments.

  The terms and conditions of this Agreement that by their nature or otherwise reasonably should survive the termination or expiration of the Agreement shall survive any termination or expiration of this Agreement.

   
  13. MODIFICATIONS TO TERMS

  VizTrend reserves the right to modify the terms and conditions included in this Agreement or relating to the Service and any such modifications shall become effective upon posting a new version of the terms and conditions. It is on your responsibility to review the terms and conditions applicable to the Service and continued use of the Service after the changes have become effective constitute your consent to the changes.

   
  14. OTHER PROVISIONS

   Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Finland Chamber of Commerce by one (1) arbitrator. The arbitration shall take place in Helsinki, Finland. The award of the arbitration shall be final and binding on both Parties. The arbitration shall be conducted in the English language.

  Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Finland, without reference to the choice of law provisions thereof. 

  Severability. If any term or provision of this Agreement is held to be illegal or unenforceable, the validity of the remainder of this Agreement shall not be affected.

  Force Majeure. VizTrend shall not be deemed to be in default under this Agreement as long as its failure to perform any of its obligations hereunder is occasioned solely by fire, labour disturbance, acts of civil or military authorities, or any similar cause not known to VizTrend at the time of execution hereof and beyond VizTrend’s reasonable control. 

  Assignment. Neither this Agreement, nor any interest hereunder shall be assignable by either party without the prior written consent of the other party. Notwithstanding the foregoing, VizTrend may assign this Agreement to its parent, subsidiary or affiliate company. VizTrend shall also have the right to assign this Agreement in case of a sale of the relevant business of VizTrend to a third party taking over such business.


text:
  En téléchargeant le Bouton d’aide à l’achat, le Membre reconnaît avoir été informé des conditions de compatibilité et différentes versions du Bouton d’aide à l’achat mises à disposition sur le Site : Chrome, Firefox, Internet Explorer et Safari.

  Le membre reconnaît également que le bon fonctionnement du Bouton d’aide à l’achat nécessite que le navigateur Internet du Membre accepte le dépôt de cookies de sites tiers (c'est en général le paramétrage par défaut des navigateurs, sauf pour certains ordinateurs professionnels).

  Capital Koala est apporteur d'affaires pour les différents commerçants référencés sur son Site. Afin de permettre au commerçant partenaire de comptabiliser les ventes qu'il effectue grâce à Capital Koala, Capital Koala dépose un cookie sur l'ordinateur du Membre lorsque ce dernier active le Bouton d'aide à l'achat. C'est ce petit fichier qui permet au commerçant partenaire d'identifier le site qui lui a permis d'enregistrer une vente. Le commerçant rémunérant le dernier site ayant déposé un cookie, chaque commande effectuée par le biais du Bouton d'aide à l'achat rapporte une commission d'apport d'affaire que Capital Koala reverse au Membre pour tout ou partie, sous forme de Remboursement. Pour pouvoir bénéficier du Remboursement il est donc impératif que les commandes soient effectuées depuis un navigateur internet acceptant les cookies et ne bloquant pas les liens publicitaires.

  Capital Koala ne peut pas garantir le bon fonctionnement du Bouton d’aide à l’achat en cas d'utilisation simultanée par le Membre d'autres outils ou programmes tels que firewall, VPN, filtre anti-pub, filtre anti-spams, (liste non exhaustive) et plus généralement de tout autre système bloquant, limitant ou altérant l'accès au Site ou aux sites des Commerçants partenaires.

  Par les présentes CGU, Capital Koala concède à ses Membres le droit personnel, non exclusif, non cessible, et pour une durée indéterminée d'utiliser le Bouton d’aide à l’achat Capital Koala dans le seul but d'utiliser le Service Capital Koala. Capital Koala reste seul titulaire des droits d’auteurs sur le Bouton d’aide à l’achat Capital Koala.

  Le Membre s’engage à mettre à jour les nouvelles versions du Bouton d’aide à l’achat mises à disposition sur le Site, lorsqu'il en sera informé.

  Le Membre peut à tout moment choisir de désactiver ou désinstaller le Bouton d’aide à l’achat. Le Membre peut également choisir à tout moment de réinstaller le Bouton d’aide à l’achat.

  Capital Koala se réserve le droit de bloquer l’utilisation du Bouton d’aide à l’achat par un Membre en cas d’utilisation abusive, frauduleuse et qui de manière générale ne respecte pas les présentes CGU.

  En cas de désinscription du Service, le Membre s'engage à cesser immédiatement toute utilisation du Bouton d’aide à l’achat, de le désinstaller de son ou ses navigateurs Web et d’en détruire toute les copies en sa possession.


text:
  Software License Agreement

  Attention: Please read this document carefully before downloading or using this software. The individual or entity downloading or opening this software (the "end user") agrees to be bound by and have accepted the terms of this license. If you do not agree to the terms and conditions of this license agreement promptly exit this page without downloading/installing the software. The computer program(s) and the accompanying documentation ("software") are provided to the end-user by Trivium systems, inc. For use only under the following terms. Trivium systems, inc. Reserves any right not expressly granted to the end-user. Trivium systems, inc. Retain ownership of all copies of the software. The end-user assumes sole responsibility for the installation, use and results obtained from use of the software. 

  1. License

  End-user is granted a limited, non-exclusive license to do only the following:
  End-user will install and maintain the software on one computer at any time for use only in the end-user's own business or personal use.End-user can make one copy in machine-readable form solely for backup or archival purposes for the computer which the software is installed. The software is protected by copyright law. As an express condition of this license, the end-user must reproduce on the copy Trivium systems, inc.'s copyright notice and any other proprietary legends on the original copy supplied by Trivium systems, inc. End-user can transfer the software and all rights under this license to another party together with a copy of this license and all written materials accompanying the software, provided when the end-user gives Trivium systems, inc. written notice of the transfer (including in such notice the identity of the transferee) and the other party reads and agrees to accept the terms and conditions of this license. This license agreement does not cover third-party files which are packaged or included with the software products. Specifically, the open source libraries have specific usage and redistribution provisions which are outlined in the limited general public license (lgpl) included with the libraries.

  2. Restrictions

  The end-user may not sublicense, assign, or distribute copies of the software to others. The software contains trade secrets. The end-user may not decompile, reverse engineer, disassemble, or otherwise reduce the software to a human readable form. The end-user may not modify, adapt, translate, rent, lease, loan, resell for profit,distribute, or otherwise assign or transfer the software, or create derivative works based upon the software or any part thereof, except as expressly provided in section 1.c. Above. 

  3. Source form software products licensing terms

  Notwithstanding anything contained herein to the contrary, source form software products, as provided to you by Trivium systems, inc., are distributed to you in accordance with and governed by the various licenses found in exhibit a through m and exhibit x (as attached hereto). To the extent there is a conflict with any of the terms and conditions contained in this license agreement, solely as it relates to binaries form software products, the terms and conditions of the licenses, as found in the aforementioned exhibits, as appropriate, shall prevail.

  4. Protection and security

  The end-user agrees to use its best efforts and to take all reasonable steps to safeguard the software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The end-user acknowledges that the software contains valuable confidential information and trade secrets and that unauthorized use and/or copying is harmful to Trivium systems, inc.

  5. Termination

  This license is effective until terminated.  Trivium systems, inc. May terminate this license agreement at any time at its sole option.  This license will terminate immediately without notice from Trivium systems, inc. If the end user fails to comply with any of its provisions. Upon termination the end user must destroy the software and all copies thereof, and the end-user may terminate this license at any time by doing so. 

  6. Export law assurances

  The end-user agrees that the software is to be used only in the United States and the software will not be transferred or exported, directly or indirectly, outside the U.S. 

  7. Disclaimer of warranties and liabilities

  Trivium systems, inc. Software is distributed and licensed "as is".  All warranties, either express or implied, are disclaimed as to the software and its quality, performance, or fitness for any particular purpose.  You, the end user, bear the entire risk relating to the quality of the software and if the software proves to have any defects, you assume the cost of any Trivium systems, inc. necessary servicing or repairs.Trivium systems, inc. Makes no other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.  Some states do not allow the exclusion of implied warranties, so that the above exclusion may not apply to you.  This warranty gives you specific legal rights and you may also have other rights which vary from state to state

  8. Liability

  In no event will Trivium systems, inc., or its directors, officers, employees,affiliates, or its distributors be liable to the end-user for any consequential incidental, indirect, special or exemplary damages (including damages for loss of business profits, business interruption, loss of data or business information, and the like) arising out of the use of or inability to use the software or accompanying written materials, even if Trivium systems, inc. Has been advised of the possibility of such damages. Trivium systems, inc. is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the software with software not furnished by Trivium systems, inc.
  No oral or written information or advice given by Trivium systems, inc. Or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty. 

  9. Enhancements

  From time to time Trivium systems, inc. May, in its sole discretion, advise the end-user of updates, upgrades, enhancements or improvements to the software and/or new releases of the software (collectively, "enhancements"), and may license the end-user to use such enhancements upon payment of prices as may be established by Trivium systems, inc. From time to time. All such enhancements to the software provided to the end-user shall also be governed by the terms of this license.  

  10. Government end users

  If you are acquiring the software on behalf of any unit or agency of the united states government, the following provisions apply. Use, duplication or disclosure by the government is subject to restrictions as set forth in the rights in technical data and computer software clause at far 252.227-7013, subdivision (b) (3)(ii) or subparagraph (c) (1)(ii), as appropriate. Further use, duplication or disclosure is subject to restrictions applicable to restricted rights software as set forth in far 52.227-19(c) (2).

  11. General

  This license will be governed by and construed in accordance with the laws of the state of new york, and shall inure to the benefit of Trivium systems, inc. And end-user and their successors, assigns and legal representatives. If any provision of this license is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this license will remain in full force and effect. Any notices or other communications to be sent to Trivium systems, inc. Must be mailed first class, postage prepaid, to either of the addresses set forth above. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Trivium systems, inc. 

  12 Acknowledgments

  By downloading or using this software, the end-user acknowledges that it has read this license, understands it, and agrees to be bound by its terms and conditions.


text:
  Copyright 2017 Novi Yama

  Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

  The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

  THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


text:
  ANVÄNDARVILLKOR FÖR TILLÄGGET CASHBACKER-ASSISTENTEN

  Tillägget Cashbacker-assistenten (“tillägget”) ägs och förvaltas av Wanoma AB (“vi” eller “oss”), som också driver webbtjänsten <a href="https://www.cashbacker.se">https://www.cashbacker.se</a> (“Cashbacker”) som tillägget fungerar tillsammans med.

  Du måste vara medlem hos Cashbacker för att kunna använda och ladda ner tillägget och för att kunna få återbäring via de återförsäljare vi erbjuder återbäring via. För att kunna få återbäring måste du också vara inloggad på <a href="http://Cashbacker.se">Cashbacker.se</a> och besöka återförsäljarnas webbplatser via Cashbacker. Tillägget möjliggör att återbäringen aktiveras genom inloggning på Cashbacker. Läs användarvillkoren för Cashbacker (<a href="https://www.cashbacker.se/villkor">https://www.cashbacker.se/villkor</a>) för vidare detaljer.

  Tillägget är gratis att ladda ner och ger dig en automatisk påminnelse om att du kan få återbäring via <a href="http://cashbacker.se">cashbacker.se</a> hos en viss webbutik när du besöker butikens webbplats. Återbäringen kan aktiveras från tillägget genom att du via tillägget kan logga in på Cashbacker och aktivera återbäringen. 

  När du sökt information på Googles, Bings eller Yahoos sökmotorer och där sökresultatet returnerar återförsäljare som du kan få återbäring hos via Cashbacker visas denna information med hjälp av så kallade SERP injections.

  Tillägget identifierar adresserna (URL:er eller Uniform Resource Locators, för att använda det korrekta tekniska namnet) hos de webbplatser du besöker för att kontrollera om den besökta webbplatsen är en samarbetspartner till oss och om den erbjuder återbäring via Cashbacker. Vi sparar ej någon information vilka webbplatser du besökt eller information från din webbläsares historik.

  Vi värnar om din integritet och värnar om att skydda den. Tillägget samlar inte in personligt identifierbar information och övervakar inte ditt personliga användande av tillägget annat än för att tillfälligt identifiera den besökta webbplatsen. Tillägget exponerar ej någon annan information eller annonser annat än påminnelsen om återbäring för den webbplats du besöker.

  Wanoma AB © 2016


text:
  <strong>Contrat de Licence utilisateur Final</strong>


  La présente Licence constitue un contrat conclu entre Mailorama (proposés par la société Dalenys-Marketing (nom commercial : Achat sur Internet) (ci-après « Mailorama »), 55 rue Raspail – 92300 Levallois-Perret, au capital de 1.314.808 Euros, immatriculée au RCS Nanterre 501 046 882) et le Membre, en vue de l'utilisation de l’alerte Cashback dans le cadre du Service Mailorama.

  Bienvenue sur le widget Shopping Cashback Mailorama. En téléchargeant et en installant ce widget, vous acceptez d'être légalement responsable de ce Contrat de Licence Utilisateur Final (ci-après "CLUF"). Dans le présent CLUF, le "Widget Shopping Mailorama Cashback" Mailorama a été conçu pour fonctionner avec le navigateur Internet installé sur votre ordinateur, y compris les mises à jour, les révisions, les correctifs ou d'autres modifications de temps à autre. À ce Widget Shopping Mailorama , Mailorama se réserve le droit de mettre à jour et de modifier, de temps à autre, ce CLUF et tous les documents intégrés par renvoi dans le présent document. Mailorama peut modifier ce CLUF en affichant une nouvelle version sans préavis. L'utilisation de l’alerte Cashback après ce changement constitue votre acceptation de ces changements. Toute référence à «nous», «notre», «nous» ou similaires dans le présent CLUF se réfère collectivement à Mailorama. «Vous», «votre» ou similaire se réfère à vous, l'utilisateur final du Widget Shopping Mailorama.


  1)	Octroi d'une licence d'utilisation limitée. Si vous acceptez ce CLUF, vous pouvez installer et utiliser personnellement l’alerte Cashback et toutes les mises à jour fournies par Mailorama sous forme de code objet sur un ordinateur personnel appartenant ou contrôlé par vous. Sous réserve de votre accord et de la conformité continue de ce CLUF (tel qu'il peut être modifié par Mailorama de temps à autre), Mailorama accorde par les présentes, et vous acceptez par la présente, un droit personnel, limité, non exclusif, non transférable, une licence pour installer et utiliser l’alerte Cashback en accord avec les utilisations autorisées et les restrictions fournies ci-dessous. 

  2)	Usages autorisés. En acceptant ce CLUF, vos utilisations et restrictions autorisées en ce qui concerne le Widget Shopping Mailorama sont les suivantes:

  a. Généralités. Vous pouvez utiliser le Widget Shopping Mailorama pour améliorer votre expérience de navigation Internet en étant alerté des Cashback partenaires, affichés dans votre navigateur.

  b. Rechercher sur Internet : Le Widget Shopping Mailorama permet à Mailorama de vous fournir des opportunités de Cashback dans vos résultats de recherche.

  c. E-Commerce : Lors de la visite d'un site Web d'un commerçant chez qui Mailorama offre du Cashback, une alerte Cashback sera créée et vous invitera à activer le Cashback. Si vous activez le Cashback via l’alerte Cashback, un cookie sera établi sur votre ordinateur via un réseau d'affiliation dans le but de suivre votre session d'achat et de créditer votre Cashback - comme si vous aviez commencé votre expérience d'achat via Tout autre lien Mailorama. Notez cependant que si des cookies ou autres dispositifs de suivi similaires d'autres sociétés de marketing affilié sont déjà présents sur votre ordinateur, le Widget Shopping Mailorama n'écrasera pas automatiquement ces cookies, mais l’alerte Cashback peut vous offrir la possibilité d’activer un Cashback lorsque vous êtes arrivé sur le site d'un marchand participant. Notre utilisation des cookies est plus spécifiquement décrite dans notre politique de confidentialité.

  d. Tous les Cashbacks que vous pouvez obtenir via l’alerte Cashback sont soumis aux Conditions Générales de Mailorama. Vous reconnaissez et acceptez que vous avez lu, compris et accepté ces modalités et conditions et que ces modalités et conditions régissent tous les Cashback que vous pourriez obtenir avec l’utilisation de l’alerte Cashback, y compris les restrictions et limitations sur ces Cashbacks. Les termes et conditions sont intégrés dans le présent CLUF et font partie intégrante du présent contrat.

  3)	Expérience améliorée. Lorsque vous visitez certains sites, le Widget Shopping Mailorama peut ajouter à la page que vous visitez un certain code html pour améliorer votre expérience en ajoutant des offres, des coupons et d'autres informations aux liens et au texte.

  4)	Mises à jour. Lorsqu'elle est installée sur votre ordinateur, le Widget Shopping Mailorama communique périodiquement avec nos serveurs. Nous pouvons mettre à jour le Widget Shopping Mailorama sur votre ordinateur lorsqu'une nouvelle version est publiée ou lorsque de nouvelles fonctionnalités sont ajoutées. Ces mises à jour se produisent automatiquement. Nous nous réservons également le droit d'ajouter des fonctionnalités ou des fonctions au Widget Shopping Mailorama. Nonobstant ce qui précède, nous n'avons aucune obligation de mettre à votre disposition des versions ultérieures ou de nouvelles fonctionnalités du Widget Shopping Mailorama.

  5)	Restrictions. Vous ne pouvez pas utiliser le Widget Shopping Mailorama de manière à endommager, désactiver, surcharger ou altérer les services de recherche de Mailorama  ou de quelque manière que ce soit pour transmettre, directement ou indirectement, toute communication en vrac non sollicitée, décompiler, de modifier, d'adapter, de traduire, de louer, de prêter, de distribuer ou de créer des œuvres ou des améliorations dérivées à partir du Widget Shopping Mailorama ou de toute partie de celle-ci, ou utiliser le Widget Shopping Mailorama de toute manière illégale, de toute manière incompatible avec ce CLUF, y compris, sans limitation, s'engager dans toute fraude de clic ou autre conduite similaire pour frauduleusement ou indûment gagner des gains Cashbacks via les propriétés Web du widget ou Mailorama. Vous acceptez de vous conformer à la législation française sur le droit d'auteur et à toutes les autres lois françaises applicables et d'autres pays et aux traités internationaux applicables en rapport avec votre utilisation du Widget Shopping Mailorama.

  Le Widget Shopping Mailorama est conçu pour être utilisée de manière à ce que vous puissiez bénéficier des activités de recherche et de magasinage de bonne foi que vous effectuez sur Internet. Si nous ou nos partenaires technologiques, les marchands ou les annonceurs déterminons, à notre seule discrétion, que vous avez violé les termes du présent CLUF ou que vous n'avez pas agi de bonne foi, nous nous réservons le droit de mettre fin au droit d'utiliser le Widget Shopping Mailorama à tout moment, d'annuler (et de renverser, le cas échéant) tous les gains Cashback que vous avez gagnés (ou tenté de gagner) via votre utilisation de l’alerte Cashback et de poursuivre tout recours juridique contre vous dont nous disposons. Vous acceptez d'indemniser et de dégager Mailorama, ses partenaires technologiques, ses commerçants et ses annonceurs de toute décision, action et recours. Vous reconnaissez que les restrictions et les pénalités ci-dessus sont raisonnables et qu'elles constituent une partie essentielle du marché entre vous et nous.

  6)	Propriété. Tous les droits sur le Widget Shopping Mailorama, y compris, mais sans s'y limiter, les droits d'auteur, les brevets, les marques déposées et les secrets commerciaux appartiennent à Mailorama et Mailorama détient le titre de propriété de chaque copie du Widget Shopping Mailorama. Vous acceptez de ne pas retirer ou modifier notre marque, logo, copyright ou autre notice, légende, symbole ou étiquette propriétaire dans le Widget Shopping Mailorama. Vous n'avez pas le droit et ne pouvez pas créer d'œuvres dérivées du Widget Shopping Mailorama. Toutes les modifications ou améliorations apportées au Widget Shopping Mailorama demeurent notre propriété exclusive.

  7)	Durée. Ce CLUF est en vigueur jusqu'à sa résiliation. Vous pouvez résilier ce CLUF en supprimant et / ou en détruisant toutes les copies du Widget Shopping Mailorama en votre possession. Mailorama peut, sur préavis, résilier le présent CLUF, à sa seule discrétion, si vous enfreignez les termes et conditions ou si nous croyons que vous ayez violé ou agi d'une manière incompatible avec la lettre ou l'esprit du présent CLUF. À la résiliation du présent CLUF pour quelque raison que ce soit, vous devez supprimer et / ou détruire toutes les copies du Widget Shopping Mailorama. Si nous mettons fin à ce CLUF, vous n'aurez plus le droit d'utiliser notre alerte Cashback de quelque façon que ce soit, et tout gain Cashback que vous pourriez gagner à la suite de cette résiliation sera annulé même si ces gains auraient été validés. Toutes les dispositions du présent CLUF relatives aux renonciations de garanties, à la limitation de la responsabilité, aux réparations ou aux dommages et aux droits de propriété de Mailorama survivront à toute résiliation. Vous acceptez que Mailorama ne soit pas responsable vis-à-vis de vous ou de tiers pour la résiliation de votre accès au Widget Shopping Mailorama ou aux services fournis par celui-ci.

  8)	Exclusion de garantie. Vous comprenez et acceptez que votre téléchargement ou utilisation du Widget Shopping Mailorama soit à votre propre discrétion et risque, et que vous serez seulement responsable des dommages à votre système informatique ou de la perte de données résultant du téléchargement ou de l'utilisation du logiciel. Le Widget Shopping Mailorama est fournie «en l'état» sans garantie d'aucune sorte, explicite ou implicite, y compris, mais sans s'y limiter, les garanties implicites de qualité marchande, d'adéquation à un usage particulier et de non-contrefaçon. Tout le risque de qualité et de performance du Widget Shopping Mailoramaest de notre ressort. Nous ne donnons aucune garantie que le Widget Shopping Mailorama soit exacte et sans erreur; que les résultats qui peuvent être obtenus par l'utilisation de l’alerte Cashback seront fiables; ou que toutes les erreurs dans le Widget Shopping Mailorama seront corrigées. Aucune information orale ou écrite, ni des conseils, ne peuvent entraîner une garantie ou augmenter la portée de la présente garantie. Certaines juridictions ne permettent pas l'exclusion de garanties implicites, l'exclusion ci-dessus peut ne pas s'appliquer à vous. Cette exclusion de garantie constitue une partie essentielle de cet accord.

  9)	Fin de responsabilité. L'obligation ou la responsabilité de Mailorama en vertu du présent cluf est le remplacement de médias défectueux selon la garantie limitée ci-dessus. En aucun cas Mailorama ne peut être tenu responsable des dommages directs, consécutifs, accessoires ou indirects, y compris, sans s'y limiter, toute perte de données ou perte de profits, découlant de l'utilisation ou de l'impossibilité d'utiliser le Widget Shopping Mailorama ou la documentation connexe ou la confiance sur le logiciel, même si Mailorama a été avisé de la possibilité de tels dommages.
  10)	Force Majeure. Aucune des parties ne pourra engager la responsabilité de l'autre si l'exécution du Contrat est retardée ou empêchée en raison d'un cas de force majeure, d'un cas fortuit ou d'une cause extérieure, tels que, notamment : catastrophes naturelles, grèves, conflits sociaux, état de guerre, tremblement de terre, feu, explosions, interventions des autorités gouvernementale, dégâts des eaux, mauvais fonctionnement ou interruptions du réseau électrique ou de télécommunication.

  11)	Indépendance des clauses. Dans l'hypothèse où tout ou partie d'une clause de la présente Licence est jugée nulle et de nul effet, elle sera réputée non écrite mais les autres stipulations de la présente Licence garderont leur force et leur portée.

  12)	Loi applicable. La présente Licence est soumise au droit français.


text:
  GENERAL DISCLAIMER
  THE MATERIALS ON THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND ARE SUBJECT TO CHANGE AT ANY TIME.

  THE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEAT SOFTWARE AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, AND CONDITIONS WITH RESPECT TO THE MATERIALS, THEIR QUALITY, PERFORMANCE, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

  LIMITATION OF LIABILITY
  IN NO EVENT WILL HEAT SOFTWARE AND ITS SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT OR TORT, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AVAILABLE ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, HEAT SOFTWARE SHALL HAVE NO LIABILITY FOR ANY LOSS OF USE, DATA, INCLUDING THE COSTS OF RECOVERING SUCH DATA, OR PROFITS.


text:
  EULA AND TERMS OF USE – YOU BETA VERSION  Welcome to the "You #rewardyourlife" site and services provided by Kroin AG. LIMITED WARRANTY AND LICENSE AGREEMENT THE SOFTWARE IS LICENSED.  YOUR USE OF THE SOFTWARE  (AS SPECIFIED BELOW) IS SUBJECT TO THIS LIMITED WARRANTY AND LICENSE AGREEMENT FOR END USERS AND THE TERMS AND CONDITIONS SET FORTH BELOW.  The EULA AND TERMS OF USE govern your use of "You #rewardyourlife" software (the “Software”). The Software may only be used by you through services licensed to you by Kroin AG (the “Services”) and that are subject to a separate privacy policy (the “Privacy Policy”), which are incorporated by reference into the EULA AND TERMS OF USE.  BY INSTALLING, USING OR ACCESSING THE SOFTWARE OR ANY MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT.  For purposes of this Agreement "Software" means all software programs and services made available by Kroin AG, its subsidiaries and affiliates including,  but not limited to mobile apps, downloadable/installable application for personal computer, rewarding service, new digital financial asset and services assigned by means of a browser plugin or other online and offline communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, USE OR ACCESS THE SOFTWARE. IF YOU HAVE ANY QUESTIONS ABOUT THIS SOFTWARE PLEASE CONTACT US BEFORE TO INSTALL AND USE IT.  If Kroin AG makes material changes to these EULA AND TERMS OF USE, it will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes.  Violation of any of the terms below will result in the termination of your account. You agree to use the Service at your own risk. THE SOFTWARE AND THE SERVICES ARE A BETA VERSION AND ARE STILL UNDER DEVELOPMENT. THIS BETA VERSION HAS A LIMITED LIFE.  The Services are believed to contain defects and compatibility issues and may not be safe or suitable for your computer or mobile device. Kroin AG advises that you carefully consider whether the Services are appropriate for your particular circumstances. You agree that it is your sole responsibility to backup data and take other appropriate measure to protect your programs and data.  USERS WHO HAVE SUBSCRIBED AND USED THE SOFTWARE DURING THE PERIOD OF BETA VERSION WILL RECEIVE A DOUBLE REWARDING (read below to see the meaning of rewarding and about system of reward) DURING ORDINARY VERSION FOR 60 DAYS FROM THE DAY OF THE BEGINNING OF THIS LAST VERSION. EULA AND TERMS OF USE does not create any obligation upon Kroin AG to develop, make available, repair, release or support the Services for the benefit of you or any third party.  LICENSE  Subject to this agreement and its terms and conditions, Kroin AG hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the software for your personal non-commercial use for social interaction and proximity messages on a single computer or phone, unless otherwise specified in the software documentation. Your acquired rights are subject to your compliance with this agreement. The term of your license under this agreement shall commence on the date that you install or otherwise use the software and ends on the earlier date of either your disposal of the software's termination of this agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the software. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the software. All rights not specifically granted under this agreement are reserved by Kroin AG and its licensors.   OWNERSHIP Kroin AG retains all right, title and interest to the software named "YOU #rewardyourlife", including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The software is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Kroin AG. All rights not expressly granted to you herein are reserved by Kroin AG.  LICENSE CONDITIONS, SOFTWARE AND “YOU” You agree not to:  (i) commercially exploit the software; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the software, any passwords or usernames or any copies of the software, without the express prior written consent of Kroin AG or as set forth in this agreement; (iii) except as otherwise specifically provided by the software or this agreement, use or install the software (or permit others to do same) on a network, for on-line use different from the user who download it; (iv) make a copy of the software publicly available or available on a network for use or download by multiple users;  (v) make a copy of the software or any part thereof (other than as set forth herein);  (vi) misrepresent the source of ownership of the software;  (vii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the software, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;  (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the software, in whole or in part;  (ix) scrape, build databases or otherwise create permanent copies of content returned from the software.  However, with regards to installable software that was delivered on a physical storage medium, you may transfer the entire software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the software, accompanying documentation, or any portion or component of the software accompanying documentation, and the recipient agrees to the terms of this agreement. The software is intended for private use only. The software may include measures to control access to the software, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this agreement. Only software subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the software will not function properly. The software rewards users for the time they spend surfing the web and contents they visit. YOU will be assigned according to an algorithm mainly calculating, among other parameters, the time and the interaction of the user on the web. The software may allow you to obtain a rewarding system (that in the future could become a new instrument of exchange and/or a new digital financial asset), hereinafter “YOU”, based on your activity on web (browsing) analyzed by a proprietary and algorithm using different channels method included but not limited to browsing, mobile proximity, marketing campaign and so on. The algorithm used for YOU’s distribution to users is unchallengeable by any users or companies or other legal entity.  The user accepts this rewarding system exists only in the “You” systems and/or in others affiliated Kroin AG will retain personal data in aggregate form until the creation of a digital value is finished (24 hours later the last software browser recording).  The user also accepts unconditionally, in accordance with the point above, that his/her/its activity will also join the main math function in order to generate a percentage of you balance also for Kroin AG’s You is a debit free system. THE SOFTWARE AND THE SERVICES ARE A BETA VERSION AND ARE STILL UNDER DEVELOPMENT. THIS BETA VERSION HAS A LIMITED LIFE.  If you are going to participate in our beta testing program, please read the text below carefully. If the meaning or intention of a clause in the contract is unclear, please get in touch with us for clarification. By participating in our program you are accepting the terms. Beta version of software means a development status given to a software that contains most of the major, but is not yet complete; so, there may be bugs or other problems to be solved or improvements or develop. The navigation data will be processed throughout the Beta Version lifetime, exclusively for the Software's development, as anonymous information. At the end of the Beta Version, all processing/navigation data collected during this period will be destroyed, except for those which are necessary to the software’s development. AT THE END OF THE BETA VERSION, ALL “YOU” FROM REWARDING SYSTEM WILL BE DESTROYED AND COUNTERS WILL BE RESET. BUT, USERS WHO HAVE SUBSCRIBED AND USED THE SOFTWARE DURING THE PERIOD OF BETA VERSION WILL RECEIVE A DOUBLE REWARDING DURING ORDINARY VERSION FOR 60 DAYS FROM THE DAY OF THE BEGINNING OF THIS LAST VERSION. In case of software updates, you are under no obligation to install updates, however it is preferred that you do so, but the software may not work without updates. The software will not be used to give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Kroin AG an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for math and statistical purpose including, but not limited to the rights to calculate, generate and assigning YOU for the software users. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Kroin AG's and other users' use and enjoyment of such assets in connection with the software and related goods and services under applicable law.  This license grants to Kroin AG, and the above waiver of any applicable moral rights, survives any termination of this license.  The software requires an internet connection to access the software or its internet-based features, authenticate the software, or perform other functions. In order for certain features of the software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the software documentation. If you do not maintain such accounts, then the software or certain features of the software may not operate or may cease to function properly, either in whole or in part   GENERAL CONDITIONS  Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Support for Kroin AG services is only available in English or Italian, by e-mail (see chapter about Contact). You understand that Kroin AG uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service, Kroin AG, or any other Kroin AG service. You may use the Kroin AG pages static hosting service solely as permitted and intended to host your organization pages, personal pages, or project pages, and for no other purpose. You may not use Kroin AG pages in violation of Kroin AG's trademark or other rights or in violation of applicable law. Kroin AG reserves the right at all times to reclaim any Kroin AG sub domain without liability to you. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by Kroin AG. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these agreement.  Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kroin AG customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Kroin AG) of other Kroin AG customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. Kroin AG does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected. You expressly understand and agree that Kroin AG shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kroin AG has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service. The failure of Kroin AG to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. This agreement constitutes the entire agreement between you and Kroin AG and govern your use of the service, superseding any prior agreements between you and Kroin AG (including, but not limited to, any prior versions of the EULA AND TERMS OF USE. You agree that these EULA AND TERMS OF USE and your use of the service are governed under Swiss law. Questions about the EULA AND TERMS OF USE should be sent to info@yourewardyourlife.com. If you are a government user or otherwise accessing or using any Kroin AG service in a government capacity, this amendment to Kroin AG EULA xx shall apply to you.  INFORMATION COLLECTION, USE AND PRIVACY POLICY  By installing, accessing or using the software, you consent to these information collection and usage terms. Kroin AG respects your privacy rights and recognizes the importance of protecting any information collected about you and also the deletion of these data after the math phases.  Kroin AG's privacy policy as amended from time to time is available at <a href="http://www.yourewardyourlife.com/">http://www.yourewardyourlife.com/</a> (“Privacy Policy") and applicable to this agreement. Kroin AG's Privacy Policy defines how, why and to which extent Kroin AG collects and uses personal and non-personal information in relation to Kroin AG's products and services. By installing, accessing or using the software you explicitly agree with the terms and conditions of Kroin AG's Privacy Policy.   WARRANTY   This software is provided to you "as is," with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you.  Kroin AG, Kroin AG's licensors and channel partners do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non infringement of third party rights, and warranties (if any) arising from a course of dealing usage, or trade practice.  Kroin AG, Kroin AG's licensors and channel partners do not warrant against interference with your enjoyment of the software; that the software will meet your requirements; that operation of the software will be uninterrupted or error-free, or that the software will interoperate or be compatible with any other software or that any errors in the software will be corrected. no oral or written advice provided by Kroin AG, Kroin AG's licensors and channel partners or any authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.   LIMITATION OF LIABILITY   In no event will Kroin AG, Kroin AG's licensors or channel partners be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the software, including but not limited to, damages to property, loss of goodwill, computer and mobile failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this agreement or the software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Kroin AG, Kroin AG's  licensors or channel partners have been advised of the possibility of such damages. Kroin AG's licensors and channel partners are third party beneficiaries to the limitations of liability specified herein and they may enforce this agreement against you.  Because some States/Countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any Federal, State, or Municipal law, which cannot be pre-empted. This agreement gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.  In no event shall Kroin AG, Kroin AG's licensors' or channel partners' liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the software.  TERMINATION This agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the software and all of its component parts and cease and desist from accessing any service components of the software. With regards to software delivered on a physical storage medium you can end this agreement by destroying the software and all copies and reproductions of the software and deleting and permanently purging the software from any client server or computer on which it has been installed.   EQUITABLE REMEDIES You hereby agree that if the terms of this agreement are not specifically enforced, Kroin AG will be irreparably damaged, and therefore you agree that Kroin AG shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this agreement, in addition to any other available remedies.   INDEMNITY You agree to indemnify, defend and hold Kroin AG, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the agreement; or (ii) your breach of this agreement   MISCELLANEOUS This Agreement represents the agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this agreement shall not be affected.   GOVERNING LAW AND DISPUTE RESOLUTION This Agreement will be governed by the laws of Switzerland without reference to its choice of law rules. Any dispute controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof shall be settled by arbitration in accordance with the Arbitration Rules of International Chamber of Commerce. The arbitration shall be conducted in Zug (Switzerland), by a sole arbitrator. The language of arbitration shall be English and Italian. The award shall be final and binding on the parties. For cases in which is not allowed the arbitration, will be competent the Swiss Courts, excluding the rules of conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). By entering into this agreement, you expressly waive the right to participate in a class action against Kroin AG and its partners, connected and affiliates.   ACCOUNT TERMS You must be 18 years or older to use this software and service and you must be a human: accounts registered by "bots" or other automated methods are not permitted.  You must provide your name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person, your person; a single login shared by multiple people is not permitted.  You are responsible for maintaining the security of your account and password. Kroin AG cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all activity that occurs under your account. You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your/any jurisdiction (including but not limited to copyright or trademark laws).  MODIFICATIONS Kroin AG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service, EULA AND TERMS OF USE (or any part thereof) with or without notice. Whereas the software and services are in beta stage (development) are probable in the future amendments of EULA AND TERMS OF USE. Kroin AG shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.  CONTACT Any questions about this agreement, Privacy Policy or concerns regarding the use or disclosure of your information or anything else should be directed to Kroin AG by sending an email to info@yourewardyourlife.com or please contact KROIN AG, Gubelstrasse n°11, 6300 Zug, Switzerland.  -- last update: 02.10.2015 --


text:
  <a href="http://eula.improbableaudience.com/en/eula.html">http://eula.improbableaudience.com/en/eula.html</a>


text:
  General terms and conditions of Soft Elements

  ARTICLE   1	DEFINITIONS	1
  ARTICLE   2	GENERAL	1
  ARTICLE   3	OFFERS AND AGREEMENTS	1
  ARTICLE   4	TERMINATION &amp; REFUND	1
  ARTICLE   5	PRICES AND COSTS	2
  ARTICLE   6	PAYMENT	2
  ARTICLE   7	DELIVERY	2
  ARTICLE   8	SUSPENSION AND ANNULMENT	3
  ARTICLE   9	LIABILITY	3
  ARTICLE 10	TRANSFER OF RISK	4
  ARTICLE 11	FORCE MAJEURE	4
  ARTICLE 12	SAMPLES, MODELS AND PROTOTYPES	4
  ARTICLE 13	INSPECTION AND DEFECTS	4
  ARTICLE 14	RETENTION OF TITLE	4
  ARTICLE 15	COLLECTION COSTS	5
  ARTICLE 16	INDEMNIFICATION	5
  ARTICLE 17	INTELLECTUAL PROPERTY RIGHTS	5
  ARTICLE 18	DEVELOPMENT OF SOFTWARE	7
  ARTICLE 19	SOFTWARE USE AND MAINTENANCE	8
  ARTICLE 20	SECURITY AND PASSWORDS	9
  ARTICLE 20	CONFIDENTIAL INFORMATION	9
  ARTICLE 21	APPLICABLE LAW AND DISPUTES	10
   
  General terms and conditions of Soft Elements



  Article   1	Definitions

  In these general terms and conditions, the following definitions will be used, unless explicitly agreed otherwise in writing: 
  Soft Elements: user of the general terms and conditions;
  Customer: contracting party of Soft Elements, either acting as a natural person, a self employed person or a legal person;
  Contract: the agreement between Soft Elements and the customer.
  Services include among others: 
  •	(Custom made) software;
  •	Other information technology services.

  Article   2	General 

  1.	The articles and conditions of these general terms are applicable for every offer, quotation or agreement between Soft Elements and the customer, unless the parties have explicitly stated otherwise in writing. 
  2.	These agreements are also applicable for all agreements with Soft Elements, in which third parties need to be involved for the implementation.
  3.	General terms and conditions of the customer, or any other terms or agreements, are not applicable, unless explicitly agreed in writing, that the general terms of the user are applicable, excluding these general terms.
  4.	If any provision of these general terms and conditions is void or annulled, the other provisions of these general terms and conditions shall remain in full force.

  Article   3	Offers and agreements

  1.	All offers and other statements by Soft Elements are valid for a period of fourteen days and free of obligation, unless the customer explicitly indicates otherwise in writing.
  2.	Acceptance of offers needs to be confirmed in writing by the customer to Soft Elements within fourteen days. 
  3.	An agreement is concluded after confirmation in writing by Soft Elements, or if Soft Elements has started to carry out the assignment.
  4.	Offers do not automatically apply for continuous assignments or additional orders.
  5.	Soft Elements retains the right to have third parties perform (certain parts of) the development and/or implementation.

  Article   4	Termination &amp; refund
  Termination

  1.	Customer may unregister and therewith terminate the agreement at any time without any administrative charges. The agreement will be terminated after the current term is finished. Unregistering will terminate the right and the possibility to use the software.
  2.	In case customer abuses the service or in case of serious misconduct, Soft Elements reserves the right to discontinue the agreement, and to refuse all access and use of the service. 
  3.	Any remaining and unpaid fees, including the legal interest and other amounts that Customer accrued prior to the effective date of termination, shall be paid to Soft Elements and will remain claimable after termination.
  4.	Termination of this agreement shall rescind and revoke all rights granted to or accrued by customer to access and use the service.
  5.	Soft Elements may terminate this agreement if customer fails to perform any of its obligations, or otherwise breaches this agreement, and fails to cure the failure or breach within fifteen (15) days after written notice.
  6.	In case of termination for non-payment, Soft Elements may disable Customer's access to and use of the service until Soft Elements has received full payment.
  7.	Termination of this Agreement will not limit either party from any remedies or rights.
  8.	A credit card chargeback, or any other payment chargeback, will not terminate the agreement, nor will it relieve customer of his payment obligation.
  9.	The following provisions of this agreement will survive any termination of this agreement: confidentiality, indemnity, intellectual Property, liability, payment, refunds, termination and warranty.

  Refunds
  1.	Soft Elements maintains a no refund policy because the Service is a SaaS (Software as a Service) application.
  2.	Before registration, customer should always make sure that the service performs according to the needed tasks. For evaluation versions or demos and videos for reference, please check our website <a href="https://www.passwhisper.com">https://www.passwhisper.com</a>.

  Article   5	Prices and costs

  1.	All mentioned prices in the offer by Soft Elements are based upon the price defining factors at the time of the agreement. 
  2.	Soft Elements is allowed to calculate price increases to the customer if Soft Elements can provide credible reasoning that the price defining factors have increased between the time of the offer and implementation of the agreement.
  3.	Price changes are also possible if the content of the agreement or assignment changes, if the agreement or assignment is prolonged, if third parties change their prices, or if the applicable laws and regulations change, which do apply to Soft Elements.
  4.	Price changes can be implemented without further notice to the customer. 
  5.	The customer is allowed to rescind the contract if the increase of the price occurs within three (3) months after the contract was concluded. After expiration of this term the customer is allowed to annul the contract if the increase amounts to more than 10% of the initial purchase price. 
  6.	All prices used by Soft Elements are exclusive VAT and other taxes, levies, duties, and costs. These costs might consist of transportation, packing, delivery, administration, or other costs in order to properly carry out the agreement, unless explicitly stated otherwise in writing.

  Article   6	Payment

  1.	Excluding the right of netting, withholding or a discount, the customer pays no later then twentyone (21) days after the invoice date, unless the invoice mentions a different payment term. Payments will be done in a manner specified by Soft Elements, in the currency mentioned on the invoice. 
  2.	Soft Elements retains the right to invoice in another way, depending on the agreed upon payment term.
  3.	The customer is, without the necessity of a written notice to pay, legally in default, if the customer did not pay within the term of twentyone (21) days. Payment has taken place if the customer has credited the bank account of Soft Elements. 
  4.	In case of liquidation, bankruptcy, seizure or moratorium of the customer, the claims of Soft Elements on the customer are directly and completely claimable. 
  5.	Soft Elements retains the right to deduct the payments made by the customer firstly from the costs, subsequently from the indebted interest, and finally deduct the payments from the main sum and the current interest. All costs, concerning payment, including bank costs or costs concerning bills of exchange or other payment methods are for account of the customer. 
  6.	Soft Elements can reject a payment offer, without being legally in default, if the customer persists in another order of payment ranking.
  7.	Soft Elements can reject a payment offer of the entire main sum, if the customer did not pay the indebted and current interest as well as the costs. The customer remains obliged to pay the full price.

  Article   7	Delivery

  1.	Delivery times and –terms in offers and/or agreements of Soft Elements are indicative and are never a firm term. In case of exceeding a delivery time or –term the customer needs to write a notice of default.
  2.	In case of exceeding delivery times and –terms in offers and/or agreements of Soft Elements the customer is not entitled to annulment or compensation, unless the parties have explicitly agreed otherwise in writing. 
  3.	Contractual delivery times and –terms only apply if the necessary data has been provided to Soft Elements and if possible payments, that need to be paid at the beginning of the implementation, have been received.

  Article   8	Suspension and annulment 

  1.	Soft Elements retains the right, without legal proceedings, to suspend to fulfill its obligation or to annul the agreement, in the following situations, if the customer: 
  •	does not, does not in due time, does not completely or does not considerably fulfill one or more obligations in the contract;
  •	arranges a debt agreement with its creditors; 
  •	applies for an official moratorium;
  •	is officially in bankruptcy;
  •	liquidates, sells or transfers the company;
  •	transfers the control of the company to a third party;
  •	dishonestly uses goods, services or software of Soft Elements;
  •	disseminates information which is violating (inter)national laws and regulations;
  •	will not fulfill its obligations, according to information which gives good reasons for Soft Elements to believe the customer will fail to perform;
  2.	Soft Elements retains the right to annul the agreement if performance of the agreement cannot possibly be demanded any longer, or if performance cannot reasonably be demanded any longer. 
  3.	If the agreement will be annulled, the claims of Soft Elements on the customer are immediately claimable. If Soft Elements suspends to fulfill its obligations, Soft Elements retains its rights according to the contract and the law.
  4.	If the agreement will be annulled due to a serious failure of the customer to fulfill its obligations, like incorrect or unprofessional use, untimely payment, transfer to third parties etcetera, the customer is obliged to pay at least the contractual price, including possible costs, increased with a compensation of 10% of the completed services and/or delivered goods. 
  5.	Soft Elements continuously retains the right to claim compensation for damages.

  Article   9	Liability

  1.	Soft Elements’s liability for not fulfilling its obligation is explicitly limited to the value of the provided services related to the obligation in question. 
  2.	Soft Elements is not liable for indirect damage, which includes consequential damage, lost profits, lost savings, lost cost reduction, loss of goodwill, mutilated or damaged data or materials, damage due to business interruptions and claims from third parties.
  3.	Soft Elements is not liable for damage, of any kind, due to the fact that Soft Elements used data provided by the customer, which is incorrect or incomplete, unless the incorrectness or incompleteness of the data should have been knowable to Soft Elements.
  4.	Soft Elements is not liable for damage, which originated from (technical) trouble, interference or jams, or dysfunctional (electronic and/or data) connections or the quality of these connections, regardless of the fact if they are implemented by Soft Elements or third parties.
  5.	Soft Elements is not liable for damage, due to (criminal) intent, recklessness, (major) negligence of third parties hired by Soft Elements.
  6.	Using and/or publishing the provided software, website, or other digital material is done at the full risk and expense of the customer.
  7.	For any right for damages to exist, the customer must always report the damage or injury in writing to Soft Elements as soon as possible after it occurs. Any claim for damages against Soft Elements will expire twelve (12) months after the claim arises.
  8.	The customer shall indemnify Soft Elements against all third-party claims because of product liability ensuing from a defect in a product or system which has been delivered by the customer to a third party and which partly consisted of equipment, software or other materials delivered by Soft Elements, except if and insofar as the customer proves that the damage or injury was caused by that equipment, software or other materials.
  9.	The provisions in this article also apply for the benefit of all legal and natural persons utilised by Soft Elements in executing the agreement.

   
  Article 10	Transfer of risk

  The risk of damage, or the risk of loss of objects or data, including programs and/or source code, which is part of the agreement, transfers from Soft Elements to the customer at the moment it will be in control of the customer or a third party appointed by the customer.

  Article 11	Force majeure

  1.	Every failure to fulfill the obligations in the contract cannot be contributed to Soft Elements, if it was impossible for Soft Elements to perform due to circumstances, which were beyond its control, and which cannot be contributed to Soft Elements according to the law, legal act or public legal perception.
  2.	According to these terms, force majeure comprises all anticipated or non-anticipated external causes, of which Soft Elements has no control and result in the fact that Soft Elements cannot fulfill its obligations. Events concerning hosting- or network providers, or other third parties Soft Elements has no control over, strikes and other actions by employees of Soft Elements and/or its suppliers are included as well. 
  3.	Soft Elements retains the right to claim force majeure if the circumstance, which prevents the fulfillment of the obligation, materializes after Soft Elements should have fulfilled its obligation.
  4.	Both parties suspend their contractual obligations during the period of force majeure, until the time when performance is reasonably possible again.
  5.	Both parties are immediately permitted, out of court, without the necessity of a notice of default and without the possibility to claim damages, to annul the contract if the situation of force majeure exceeds a period of one month. 
  6.	A force majeure claim can be presented to Soft Elements only in writing, with a delivery note, within fourteen (14) days after the force majeure came into existence.

  Article 12	Samples, models and prototypes

  If Soft Elements has showed and/or provided the customer a program, program code, source code, a (sample) website, a sample, a model, a prototype or any other concept or example, than it is just presuming to be showed and/or provided as an indication, unless the parties have explicitly agreed that the final product shall fully resemble the example. 

  Article 13	Inspection and defects

  1.	The customer shall inspect the delivered objects at the moment of delivery, or at least as soon as possible. The customer inspects if the quality and quantity of the delivered objects are conform the contract, at least inspects if it meets the requirements in the particular business environment. 
  2.	Claims because of defects regarding provided services or claims concerning sent invoices from Soft Elements to the customer can only be made in writing, within five (5) business days after the defects were identified by the customer. 
  3.	If the customer makes a claim within due time, the customer shall still be obliged to receive and to pay the (still to be) provided services. Claims by the customer never give a right to suspend its payment obligation.

  Article 14	Retention of title

  1.	All objects, including designs, samples, models, drawings, films, software, sketches, (electronic) files etc., which are delivered to the customer by Soft Elements, shall remain Soft Elements’ property until the customer has fulfilled all obligations in the contract. 
  2.	The customer is not entitled to pledge the objects, which are subject to Soft Elements’ retention of title, or to encumber the objects in any other way.
  3.	If third parties seize objects or have the intention to seize objects, which are subject to Soft Elements’ retention of title, or want to claim any other rights on the objects, the customer shall notify Soft Elements immediately. 
  4.	A customer acting as a reseller may sell and re-deliver all items subject to Soft Elements’ retention of title insofar as that is common in connection with its normal business operations. If the customer creates a new object wholly or partly from the objects delivered by Soft Elements, the customer shall create that object solely for Soft Elements and the customer shall hold the newly created object for Soft Elements until the customer has paid all amounts owed according to the contract. In that event, Soft Elements shall possess all rights as the owner of the newly created object until the customer has made full payment.
  5.	As the occasion arises, rights shall always be granted or transferred to the customer on the condition that the customer pays the agreed fees fully and in a timely manner.
  6.	Notwithstanding any delivery obligation, Soft Elements may maintain possession of the objects, products, proprietary rights, intellectual property rights, information, documents, databases and interim or other results of Soft Elements’ services which have been received or generated in connection with the contract until the customer has paid all amounts owed to Soft Elements.

  Article 15	Collection costs

  1.	If the customer is unable to fulfil the obligations in the contract and is therefore legally in default, all costs in order to collect the indebted amount, out of court, are without further notification for account of the customer. In case of a claim regarding a debt receivable, the customer owes at least 15% in collection costs to Soft Elements.
  2.	If the customer is unable to fulfil the obligations in the contract and is therefore legally in default, all reasonable legal-, court-, execution- and collection costs, are without further notification for account of the customer.
  3.	If the customer is unable to fulfil the obligations in the contract and is therefore legally in default, the indebted and current interest of 1,5% per month (unless the legal interest is higher, in which case the legal interest shall apply), shall without further notification be paid by the customer to Soft Elements. The interest will be calculated from the moment the customer is legally in default until the moment of full payment made by the customer to Soft Elements. 

  Article 16	Indemnification

  1.	The customer Indemnifies Soft Elements against claims of third parties concerning intellectual property rights on objects or data, which was provided by the customer and which objects or data is used for the implementation of the contract.
  2.	If the customer provides Soft Elements with information carriers, electronic files or software etcetera, it safeguards that it is free of viruses, defects or other potentially harmful elements.

  Article 17	Intellectual property rights

  1.	All intellectual and industrial property rights to software, websites, databases, equipment or other materials developed or provided by Soft Elements, such as analyses, scripts, source code, designs, documentation, reports, offers, as well as preparatory materials in that regard, shall be held solely by Soft Elements, its licensors or its suppliers. The customer shall only acquire the rights of use explicitly granted in these terms and conditions and by law. Any other or more extensive right of the customer to reproduce software, websites, databases or other materials shall be excluded. A right of use to which the customer is entitled shall be non-exclusive and non-transferable to third parties.
  2.	If Soft Elements is prepared to undertake to transfer an intellectual or industrial property right, such an obligation may only be entered into explicitly in writing. If the parties explicitly agree in writing that intellectual or industrial property rights regarding software, websites, databases, equipment or other materials specifically developed for the customer shall be transferred to the customer, this shall not affect Soft Elements’ right to apply and to use, either for itself or for third parties, the parts, general principles, ideas, designs, documentation, works, programming languages, source code and the like underlying that development, without any limitation on other purposes. Nor shall a transfer of intellectual or industrial property rights affect Soft Elements’ right to undertake developments for it self or third parties, which are similar to those done for the customer.
  3.	The customer shall not be allowed to remove or modify any designation concerning the confidential nature or concerning copyrights, trademarks, business names or other intellectual or industrial property rights from the software, websites, databases, equipment or materials.
  4.	Soft Elements shall be allowed to take technical measures to protect the software or with a view to agreed restrictions in the duration of the right to use the software. The customer shall not be allowed to remove or evade such a technical measure. If security measures result in the customer being unable to make a back-up copy of software, Soft Elements shall provide the customer with a back-up copy upon request.
  5.	Unless Soft Elements provides a back-up copy of the software to the customer, the customer may make one back-up copy of the software, which may only be used to protect against involuntary loss of possession or damage. The back-up copy may only be installed after involuntary loss of possession or damage. A back-up copy must have the same labels and copyright designations as are present on the original version.
  6.	In these general terms and conditions, "errors" shall mean a substantial failure to meet the functional or technical specifications stated in writing by Soft Elements and, in the case of custom-made software and websites, the functional or technical specifications explicitly agreed between the parties in writing. An error shall only exist if the customer can prove it and if it can be reproduced. The customer shall be obliged to notify Soft Elements of errors immediately. All rights to support / guarantee will cease to be valid if the customer makes any changes in the software. If the customer has already paid for support, for instance on the basis of a support contract, all rights to support / guarantee will cease to be valid and all payments made will not be reimbursed in case of the above mentioned changes in the software. In case of custom made software the functional or technical specifications are only applicable if explicitly agreed upon in writing between the parties.
  7.	Soft Elements shall indemnify the customer against any third-party cause of action based on the claim that software, websites, databases, equipment or other materials developed by Soft Elements itself infringe an intellectual or industrial property right applicable in The Netherlands, on the condition that the customer immediately informs Soft Elements in writing about the existence and substance of the cause of action and let Soft Elements handle the matter completely, including with respect to agreeing to any settlements. To that end, the customer shall provide the necessary powers of attorney, information and cooperation to Soft Elements to defend - if necessary, in the customer's name - against these causes of action. This indemnification obligation shall be extinguished if the alleged infringement relates (i) to materials provided by the customer to Soft Elements for use, adaptation, 	processing or incorporation, or (ii) to changes the customer has made or caused third parties to make to the software, website, databases, equipment or other materials.
  8.	If it has been established in court as an incontrovertible fact that the software, websites, databases, equipment or other materials developed by Soft Elements itself infringe any intellectual or industrial property right held by a third party or if, in Soft Elements’ judgment, it is likely that such infringement will occur, Soft Elements shall, if possible, ensure that the customer can continue to have undisturbed use of the delivered objects, or functionally equivalent other software, websites, equipment or the other materials concerned, for example, by modifying the infringing parts or by acquiring a right of use for the customer. If, in its exclusive judgment, Soft Elements cannot ensure or cannot ensure except in a manner that is unreasonably burdensome (financially or otherwise) for it that the customer can continue to have undisturbed use of the delivered objects, Soft Elements shall take back the delivered objects, with crediting of the acquisition costs minus a reasonable user's fee. Soft Elements shall not make its choice in this regard until after the customer has been consulted. Any other or more extensive liability or indemnification obligation on Soft Elements’ part due to the infringement of a third party's intellectual or industrial property rights shall be completely excluded, including liability and indemnification obligations on Soft Elements’ part for infringements caused by using the software, websites, databases, equipment and/or materials delivered
  •	in any form not modified by Soft Elements,
  •	in connection with objects or software not delivered or furnished by Soft Elements or
  •	in another manner besides that for which the equipment, software, websites, databases and/or other materials were developed or intended.
  9.	The customer warrants that there are no third-party rights, which are inconsistent with providing Soft Elements with equipment, software, materials intended for websites (visual material, text, music, domain names, logos etc.), databases, or other materials, including draft material, intended for use, adaptation, installation or incorporation (for example, in a website). The customer shall indemnify Soft Elements against any action based on the claim that such provision, use, adaptation, installation or incorporation infringes a third-party right.
  10.	All materials, such as websites, promotion materials or other materials, developed by Soft Elements can be used for Soft Elements’ promotion purposes, unless the parties have explicitly stated otherwise in writing.
  11.	The customer is not entitled to use Soft Elements’ business name and/or Soft Elements’ trademarks in any document without Soft Elements’ prior written consent. 


  Article 18	Development of software

  1.	If specifications for or a design of the software to be developed were not already given to Soft Elements when the contract was concluded, the parties shall in consultation specify in writing which software shall be developed and in which manner this shall occur. Soft Elements shall develop the software with due care based on data to be provided by the customer, the correctness, completeness and consistency of which the customer shall warrant. If the parties have agreed to use a development method, which is characterised by the design and/or development of software parts being subject to a further setting of priorities to be determined during execution of the contract, this setting of priorities shall always occur in consultation between the parties.
  2.	Soft Elements shall be entitled, but not required, to examine the correctness, completeness or consistency of the data, specifications or designs given to it and, if any imperfections are discovered, to suspend the agreed work until the customer has eliminated the imperfections concerned.
  3.	The customer shall only acquire the right to use the software in its own company or organisation. The software's source code and the technical documentation created in developing the software may only be made available to the customer if and insofar as explicitly agreed in writing. The customer shall only be entitled to make changes to this software if Soft Elements explicitly permitted this in writing. If Soft Elements is obliged at law to make the source code and/or technical documentation available to the customer, Soft Elements may demand a reasonable fee.
  4.	Soft Elements shall deliver the software to be developed to the customer and install it as much as possible in accordance with the specifications recorded in writing, with installation only occurring if installation by Soft Elements has been agreed in writing. In the absence of express agreements in this regard, the customer itself shall install, set up, design parameters for and tune the software and, if necessary, adjust the equipment and user environment used in this connection. Unless explicitly otherwise agreed, Soft Elements shall not be required to convert data.
  5.	If an acceptance test has been agreed, the test period shall be fourteen (14) days after delivery or, if installation by Soft Elements has been agreed in writing, after the installation is completed. The customer shall not be allowed to use the software for productive or operational purposes during the test period. Soft Elements may always require, hence, even if this has not been explicitly agreed, that the customer conduct a proper test of sufficient scope and depth using sufficiently qualified employees as to interim or other results of the development work and that the test results be reported to Soft Elements in writing and in a well organised and comprehensible manner.
  6.	The software shall be considered accepted by the parties if:
  	a) an acceptance test has not been agreed between the parties: at the time of 	delivery or, if 	installation by Soft Elements has been agreed in writing, when the installation is 	completed, or
  	b) if an acceptance test has been agreed between the parties: on the first day after the 	test 	period, or
  	c) if Soft Elements receives a test report before the end of the test period: at the time 	that 	the errors in that test report have been fixed.
  	In deviation from this, if the customer makes any use of the software for productive or 	operational purposes before express acceptance, the software shall be considered fully 	accepted as from the start of that use.
  7.	If, when the agreed acceptance test is conducted, it turns out that the software contains errors, which impedes the progress of the acceptance test, the customer shall provide written, detailed notice to Soft Elements, in which case the test period shall be interrupted until the software has been adjusted in such a manner that this impediment is eliminated.
  8.	If, when the agreed acceptance test is conducted, it turns out that the software contains errors, the customer shall inform Soft Elements about the errors through a written and detailed test report no later than on the last day of the test period. Soft Elements shall do its utmost to fix the aforementioned errors to the best of its ability within a reasonable time period, with Soft Elements being entitled to install temporary solutions, program bypasses or problem-avoiding restrictions in the software.
  9.	Acceptance of the software may not be withheld on other grounds besides those relating to the explicitly agreed specifications between the parties nor because of the existence of minor errors, that is, errors which do not reasonably preclude putting the software to operational or productive use, notwithstanding Soft Elements’ obligation to fix these minor errors under the guarantee clause, if applicable. In addition, acceptance may not be withheld with regard to aspects of the software, which can only be evaluated subjectively, such as the design of the user interfaces.
  10.	If the software is delivered and tested in stages and/or parts, the non-acceptance of a particular stage and/or part shall not affect any acceptance of an earlier stage and/or another part.
  11.	Acceptance of the software shall have the effect that Soft Elements is fully discharged for performing its obligations concerning developing and providing the software and, if installation by Soft Elements has also been agreed in a particular case, its obligations concerning installing the software.
  12.	In the absence of an explicitly agreed invoicing schedule, all amounts pertaining to development of the software shall be owed when the software is delivered or, if installation by Soft Elements has also been agreed in a particular case, when the installation is completed.

  Article 19	Software use and maintenance

  1.	Soft Elements shall grant the customer the non-exclusive right to use the software. The customer shall always strictly comply with the use restrictions agreed between the parties. Subject to the other provisions in these general terms and conditions, the customer's right of use shall only include the right to load and run the software.
  2.	The customer may only use the software in its own company or organisation on the one processing unit and for a specific number or type of users or terminals for which the right of use has been furnished. Insofar as not otherwise agreed, the customer's processing unit on which the software is used for the first time and the number of terminals connected to that processing unit at the time of initial use shall be considered the processing unit and number of terminals for which the right of use has been furnished. In the event there is a malfunction in the aforementioned processing unit, the software can be used on another processing unit for the duration of the malfunction. The right of use may pertain to multiple processing units insofar as this is explicitly apparent from the contract.
  3.	The right of use shall not be transferable. The customer shall not be allowed to sell, lease, sub license or alienate the software and data carriers on which it has been recorded, grant restricted rights to this software or these data carriers or provide them to a third party in any manner or for any purpose whatsoever, give a third party remote or non-remote access to the software or place the software with a third party for hosting, not even if the third party in question will only use the software for the customer's benefit. The customer shall not modify the software except in connection with fixing errors. The customer shall not use the software to process data for third parties ("timesharing"). The software's source code and the technical documentation generated in developing the software shall not be made available to the customer, not even if the customer is prepared to pay financial compensation for making them available. The customer acknowledges that the source code is confidential in nature and that it includes Soft Elements’ trade secrets. Exceptions to this clause are allowed if the parties explicitly agreed this in writing.
  4.	Soft Elements shall deliver the software to the customer on the agreed type and format of data carriers and, if installation by Soft Elements has been agreed in writing, shall install the software at the customer's venue. In the absence of express agreements in this regard, the customer itself shall install, set up, design parameters for and tune the software and, if necessary, adjust the equipment and user environment used in this connection. Unless explicitly otherwise agreed, Soft Elements shall not be required to convert data.
  5.	If the parties have not agreed on any acceptance test, the customer shall accept the software in the condition in which it is at the time of delivery, hence, with all apparent and non-apparent errors and other defects.
  6.	In the absence of an explicitly agreed invoicing schedule, all amounts pertaining to making the software available and the right to use the software shall be owed when the customer explicitly agreed to the purchase agreement, or, if installation by Soft Elements has also been agreed in writing in a particular case, when the installation is completed.
  7.	Soft Elements does not warrant that the software shall operate without interruption, errors or other defects or that all errors and other defects shall be corrected. Repairs shall be performed free of charge, unless the software has been developed at the customer's instruction other than for a set price, in which case Soft Elements shall charge the repair costs according to its usual rates. Soft Elements may charge the repair costs according to its usual rates if there have been operating errors or improper use on the customer's part or other causes not imputable to Soft Elements or if the errors could have been ascertained when the agreed acceptance test was conducted. The guarantee shall not include fixing mutilated or lost data. The guarantee obligation shall be extinguished if the customer makes changes or has changes made to the software without Soft Elements’ written permission, which permission shall not be withheld on unreasonable grounds.
  8.	Soft Elements is not liable in case Soft Elements’ software provably influences or causes changes to databanks, file formats, applications, connections or other matters. On request Soft Elements does deliver a report and / or advice in this case. If Soft Elements is asked to find a solution to the matter, this will take place according to the usual rates. 
  9.	Errors shall be fixed at a location to be determined by Soft Elements. Soft Elements shall be entitled to install temporary solutions, program bypasses or problem-avoiding restrictions in the software.
  10.	Soft Elements shall not have any obligations concerning fixing errors reported after the expiry of the guarantee period, unless the parties have concluded a maintenance agreement, which includes such a duty to fix.
  11.	If a maintenance agreement has been concluded for the software or if the user's fee for the software includes maintenance, the customer shall provide detailed notice to Soft Elements of the errors observed in the software in accordance with Soft Elements’ usual procedures. 
  12.	If and insofar as Soft Elements provides software from third parties to the customer, those third parties' terms and conditions shall replace the provisions in these terms and conditions and shall apply with regard to that software, provided that Soft Elements notifies the customer in writing. The customer shall accept the aforementioned third-party terms and conditions. These terms and conditions shall be available for the customer's inspection at Soft Elements’ and Soft Elements shall send these terms and conditions free of charge to the customer at its request. If and insofar as the aforementioned third party terms and conditions are deemed or declared inapplicable to the relationship between the customer and Soft Elements for whatever reason, the provisions in these general terms and conditions shall fully apply.

  Article 20	Security and passwords

  1.	At all times, Soft Elements shall use commercially reasonable endeavors to keep Customer’s data protected. Customer entitles Soft Elements to backup their data, but Soft Elements cannot be required to backup Customer’s data and cannot be held accountable for any lost data.
  2.	Soft Elements retains the right to maintain the service at a reputable third party Internet service provider and/or hosting facility, where they are subject to commercially reasonable security precautions to prevent unauthorized access to the service. Soft Elements is not liable for any damage resulting from such unauthorized access.
  3.	Customer acknowledges that, notwithstanding such security precautions, use of or connection to the Internet provides the theoretical opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the service and/or customer’s data.
  4.	At all times, customer’s data will be transmitted using encryption technology.
  5.	At all times, Soft Elements shall use commercially reasonable endeavors to secure and safeguard all the important (data) connections. In this respect, (data) connections will at least use the HTTPS-standard. This standard maintains a high level of security, but security breaches can theoretically be possible in, for example, the following situations:
  •	human error(s) in configuring the HTTPS-connection,
  •	if one of the end points is compromised (e.g. keylogger or when Customer is rooted),
  •	the party issuing HTTPS-certificates (the Certificate Authority) suffers a security breach (e.g. hacking).
  6.	Despite the use of highly secure data (connections), Soft Elements cannot and does not guarantee the privacy, security, or authenticity of any information so transmitted over the Internet.
  7.	Customer shall have the option to choose a login name and/or password for each authorized registration. This login data is strictly personal and shall not be forwarded to anyone else. Soft Elements does not know and is not able to retrieve customer’s password. Soft Elements is not responsible nor liable for the safekeeping of customer’s password(s) and/or login information.
  8.	Customer agrees to immediately notify Soft Elements of any unauthorized use of his Registration or any other breach of security.
  9.	Customer is entirely responsible for any and all activities that occur during his Registration.
  10.	Soft Elements is not responsible or liable for any lost login data, or for any loss or damage arising from Customer’s failure to comply with these requirements. 

   
  Article 20	Confidential information

  1.	Each of the parties warrants that all of the information received by the other party, which is known to be, or should be known to be, confidential in nature, shall remain secret, unless a legal obligation mandates disclosure of that information. The party receiving the confidential information shall only use it for the purpose for which it has been provided. Information shall in any event be considered confidential if it is designated by either of the parties as such.
  2.	If Soft Elements is forced to publish confidential information, Soft Elements is not obliged to pay compensation for damages and the customer is not entitled to annul the contract. 
  3.	Personal information, provided documents, data and audiovisual information of the customer remain confidential. Soft Elements does not supply personal information to third parties without prior consent of the customer.

  Article 21	Applicable law and disputes

  1.	In case of any dispute between Soft Elements and the customer, the district court of Middelburg will be the single competent court, unless another court has jurisdiction.
  2.	Soft Elements retains the right to bring the dispute before a court in the place where the customer usually takes residence, at least in the applicable court according to the law.
  3.	Dutch law shall be applicable concerning any agreement between Soft Elements and the customer.


text:
  The addon itself is licensed with MIT, but the icon i used is licensed with CreativeCommons. I have a link to the original creator for that icon in the description. So please do keep that in mind.


text:
  Google Terms of Service can be found at <a href="https://www.google.com/policies/terms/">https://www.google.com/policies/terms/</a>


text:
  Conditions Générales d'Utilisation de l’Extension de navigateur MilesBooster

  Nous vous recommandons de lire attentivement les présentes conditions générales d’utilisation de l’Extension de navigateur MilesBooster. 

  En téléchargeant l’Extension de navigateur MilesBooster, vous acceptez les présentes conditions générales d’utilisation qui constituent le contrat entre vous et la société Fidealiste, société par actions simplifiée inscrite au Registre des Commerces et des Sociétés de Paris sous le numéro 797 469 988, et dont le siège social est 71, rue Lemercier, 75017 Paris (France) (« nous »). 

  Les conditions générales d’utilisation de l’Extension de navigateur MilesBooster viennent en complément des conditions générales d’utilisation du service MilesBooster accessible au lien suivant : <a href="https://www.milesbooster.fr/cgu">https://www.milesbooster.fr/cgu</a>.

  1. A quoi sert l’Extension de navigateur MilesBooster ?

  Une fois l’Extension installée, vous n’aurez plus besoin de passer par le site de MilesBooster : il vous suffit d’accéder au site du Marchand Partenaire en utilisant votre navigateur comme vous le faites habituellement. L’Extension de navigateur vous signalera que vous êtes sur le site d’un Marchand Partenaire et vous demandera si vous souhaitez activer le dispositif MilesBooster. En acceptant, votre Achat Validé vous donnera donc des AirMiles.

  2. Conditions de licence

  Nous vous accordons par les présentes le droit personnel, non exclusif, non cessible, gratuit d’utiliser l’Extension de navigateur dans le seul but d’utiliser nos Services dans le monde entier et tant que vous êtes membre de MilesBooster. En cas de désinscription du service MilesBooster, vous vous engagez à désinstaller l’Extension de navigateur de votre (ou vos) navigateur(s) immédiatement.
  Le droit d’utilisation comprend le droit d’installer et d’exécuter l’Extension de navigation MilesBooster sur votre ordinateur. 
  Vous pouvez également choisir de désactiver ou de désinstaller l’Extension de navigation à tout moment. Si vous décidez de le réinstaller ultérieurement, vous devrez accepter les conditions générales d’utilisation alors en vigueur.
  Vous n’êtes pas autorisé à modifier, corriger, copier, altérer, traduire et décompiler l’Extension de navigation MilesBooster. En cas d’utilisation frauduleuse du Plugin de l’Extension de navigation MilesBooster ou ne respectant pas les CGU par un utilisateur non-conforme aux présentes conditions générales d’utilisation, nous nous réservons le droit de vous interdire l’utilisation de l’Extension de navigation et/ou de résilier votre compte au service MilesBooster sans préavis Fidealiste pourra bloquer l’utilisation du Plugin MilesBooster et de bloquer le compte MilesBooster du membre.

  3. Limitation de responsabilité

  Le téléchargement et l’installation de l’Extension de navigateur se font sous votre seule responsabilité et nous ne pourrons pas être tenus responsables de dommages liés à son installation ou son utilisation. Il vous appartient notamment de vous assurer de la compatibilité de l’Extension de navigateur avec votre navigateur, et d’utiliser les versions mises à jour.

  Par ailleurs, notez que l’installation et l’utilisation simultanée d’autres extensions de navigateur ou programmes (tels que notamment et sans limitation, les logiciels firewall, VPN, anti-pub, anti-spams) et plus généralement de tout autre système bloquant, limitant ou altérant l’utilisation de l’Extension de navigateur MilesBooster peuvent nuire au bon fonctionnement de l’Extension de navigateur MilesBooster et des autres programmes. Nous ne pouvons dès lors pas garantir le bon fonctionnement de l’Extension de navigateur MilesBooster en cas d’utilisation simultanée de ces autres programmes et nous vous encourageons vivement à n’utiliser qu’un programme à la fois.

  Nous attirons votre attention sur le fait que les Services dépendent du bon fonctionnement des cookies. En cas d’utilisation d’un autre logiciel ou outil qui bloque, supprime ou altère les cookies nécessaires au fonctionnement des Services, vous ne pourrez pas bénéficier des Services lorsque vous accéderez aux sites de nos Marchands Partenaires et que vous effectuerez des Achats. D’une façon générale, si votre comportement ou vos actions pendant l’acte d’achat sur le site d’un Marchand Partenaire est de nature à supprimer, altérer ou écraser les cookies (entre l’activation et le paiement), nous ne pouvons pas garantir le bon fonctionnement des Services. Nous vous recommandons en particulier de ne pas fermer votre navigateur pendant tout le processus d’Achat depuis la connexion à notre Site ou à l’Extension de navigateur jusqu’au paiement.

  4. Litige, loi applicable

  Les présentes conditions générales d’utilisation sont soumises au droit français.

  En cas de contestation relative à l’utilisation de l’Extension de navigateur MilesBooster ou à l’exécution des présentes conditions générales d’utilisation, vous vous engagez à nous en informer en premier lieu en nous contactant par courrier ou par email [Fidealiste SAS, 71 rue Lemercier, 75017 Paris ou support@milesbooster.fr]. Nous rechercherons ensemble une solution amiable. 

  Dans l’hypothèse où nous ne serions pas en mesure de trouver un accord, les litiges seront portés à la compétence exclusive des tribunaux de Paris.

  En cas de réclamation et jusqu’à résolution du litige, nous nous réservons le droit de bloquer votre compte si cela est nécessaire.

  Date de dernière mise à jour : 1er janvier 2016


text:
  Thank you for using Kifi! These terms of service ("Terms of Service") are a legally binding contract between FortyTwo Inc. (referred to in this document as "Kifi,” "we," "us," "our") and you with respect to your use of the Kifi services, website, mobile applications and browser plug-ins or extensions (collectively, the "Kifi Services"). It is important that you carefully read and understand the terms and conditions of these Terms of Service. By using the Kifi Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you may not use the Kifi Services. These Terms of Service contains disclaimers of warranties and limitations on liability that may be applicable to you.

  We reserve the right at any time, with or without cause, to:

      change these Terms of Service;
      change the Kifi Services; or
      deny or terminate your use of and/or access to the Kifi Services.

  Any changes we make will be effective immediately upon our making such changes available on the Kifi Services or otherwise providing notice thereof. You agree that your continued use of the Kifi Services after such changes constitutes your acceptance of such changes. You acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at <a href="http://kifi.com/privacy)">http://kifi.com/privacy)</a> and that you agree to it. Be sure to review these Terms of Service periodically to ensure familiarity with the most current version of these Terms of Service.
  Permitted Use of Kifi Services

  The Kifi Services are provided for personal and work use and not for purpose of resale. Without the written consent of Kifi, no Kifi Services or any Kifi content, materials, information or other property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted herein.
  Permitted Use of Kifi Software

  The Kifi browser plug-in, extension and/or other Kifi software made available to you in connection with the Kifi Services is the proprietary software of Kifi, and may not be reproduced, modified, adapted, translated, reverse engineered, decompiled or disassembled. You may download and use such Kifi software only during the term of these Terms of Use, only as permitted by these Terms of Use, only for your own personal or work use, and only to make use of the Kifi Services. We reserve the right to revoke such permission to use such Kifi software at any time for any reason.
  Registration

  Access to certain functionalities of the Kifi Services will require you to register with and provide certain information to Kifi. We reserve the right to decline to provide the Kifi Services to any person for any or no reason. If and when you register with or provide information to Kifi, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate these Terms of Service and your use of the Kifi Services. You understand that any information you provide will be treated by Kifi in the manner described in our Privacy Policy, which can be found at <a href="http://kifi.com/privacy">http://kifi.com/privacy</a>. You should not share your Kifi account information with other persons. Kifi will not have any liability to you as a result of such sharing.
  Terms Regarding Kifi “Keeps”

  The Kifi Services allow you to capture certain bookmarking information regarding third-party websites and related content in order to facilitate its subsequent retrieval by you or by third parties (such bookmarking information, “Keeps”). You agree not to capture any Keeps with respect to third-party website or content the access or use of which would be in violation of any applicable law or regulation, or which would violate any third-party rights. You further agree that Kifi may use and disclose such Keeps and all related information in accordance with our Privacy Policy (which can be accessed at <a href="http://kifi.com/privacy)">http://kifi.com/privacy)</a>.

  We reserve the right to reject, refuse or later delete or remove any Keeps for any reason, and we do not guarantee that all Keeps will be preserved. We further do not guarantee that Keeps that may be shared with you will not be offensive, defamatory or objectionable, or will not relate to links, website or content that may be in violation of applicable laws or regulations.

  Although we reserve the right to remove without notice any Keeps for any reason, we have no obligation to delete Keeps which may be shared with you that you personally may find objectionable or offensive. In addition to other disclaimers found in these Terms of Service, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Keeps accessible via the Kifi Services.
  Submissions

  As part of your use of the Kifi Services, you may send to Kifi messages, content, ideas or feedback. Your participation in this respect is voluntary; however, by choosing to provide us with any such content or information, you acknowledge and agree that any such communications, messages, content, ideas, feedback or other information may be used by Kifi and our affiliates, licensees and sublicensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such content and information throughout the world in any format or media (whether now known or hereafter created), and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any such content and information provided by you.

  By providing any such content or information to Kifi, you represent and warrant to Kifi that you own or have the right to use and permit us to use and license such content and information in the manner stated in these Terms of Service.
  Third-Party Links

  The Kifi Services may contain links to third-party websites, applications or services for your convenience. We do not control the linked websites, applications or services or the content provided through such websites, applications or services, and we have not reviewed, in their entirety, such websites, applications or services. Your use of such third-party websites, applications or services is subject to the privacy practices and terms of use established by the third-party operating such websites, applications and services, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website, application or service or any material accessible thereby, and we disclaim any such approval or endorsement.
  Acceptable Use Policy

  You agree not to use the Kifi Services to take any action or actions that:

      are contrary to Kifi's public image, goodwill or reputation;
      infringe on our or any third-party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or which may cause Kifi to infringe on any such rights;
      violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability, or which may cause Kifi to violate any such laws, statutes, ordinances or regulation, or which may expose Kifi to civil liability;
      are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
      transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
      express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
      restrict or inhibit any other visitor from using the Kifi Services, including, without limitation, by means of "hacking" or defacing any portion of the Kifi Services;
      modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Kifi Services, including without limitation, any Kifi browser plug-ins or extensions or other Kifi software;
      remove any copyright, trademark, or other proprietary rights notices contained in or on the Kifi Services;
      sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Service to any third party, or otherwise commercially exploit or profit from the Kifi Services, or any portion thereof, in any manner whatsoever;
      "frame" or "mirror" any part of the Kifi Services without our prior written authorization;
      distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
      interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Kifi or its licensors or suppliers;
      involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
      use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Kifi Services or any related databases or in any way reproduce or circumvent the navigational structure or presentation of the Kifi Services or its contents, authentication and security measures;
      forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
      execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate with the Kifi Services' servers or with respect to any data not intended for you; or
      harvest or collect information about any Kifi Services visitors or members without their express consent.

  Improper use of the Kifi Services may result in termination of your access to and use of the Kifi Services, and/or civil or criminal liabilities.
  Limitations on Use

  Kifi reserves the right to apply limits on your use of the Kifi Services, including (a) limitations on rate of use, such as limits on the number of new Keeps, new connections, new messages in a given time period, and (b) limitations on overall use, such as overall number of Keeps, connections or messages per user. Kifi further reserves the right to publish such limitations, have them differ from user to user, or change such limitations at will, in each case in Kifi’s sole discretion.
  Ownership

  The Kifi Services are owned and operated by Kifi, and the Kifi Services and all intellectual property and other rights relating thereto are and will remain the property of Kifi and its licensors and suppliers. The Kifi Services and all related Kifi content are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms of Service, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Kifi Services without our prior written permission. The Kifi Services may be used solely (a) to the extent permitted in these Terms of Service or (b) as expressly authorized in writing by Kifi. Use of the Kifi Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Kifi Services.

  The trademarks, logos, and service marks displayed on the Kifi Services (collectively, the "Trademarks") are the registered and unregistered trademarks of Kifi, Kifi licensors and suppliers and/or others. Nothing contained in these Terms of Service or otherwise on the Kifi Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Kifi, Kifi licensors or suppliers, or the third party owner of any such Trademark.
  No Use by Children Under 13

  You hereby affirm that you are over the age of 12, as the Kifi Services are not intended for children under 13. If you are under 13 years of age, then you may not use the Kifi Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
  Claims of Copyright or Trademark Infringement

  The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Kifi also reviews claims of trademark infringement. If you believe in good faith that materials hosted or linked to by Kifi infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks or links thereto are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Kifi to locate the material on the Kifi Services; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Kifi will not respond to complaints that do not meet these requirements. If Kifi determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Kifi will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Kifi may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

  Notices and counter-notices with respect to the Kifi Services must meet the then-current statutory requirements imposed by the DMCA (see <a href="http://www.loc.gov/copyright">http://www.loc.gov/copyright</a> for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

  Agents to Receive Notices of Claimed Infringement
  Contact us here
  DCMA Complaints
  FortyTwo Inc.
  278 Hope Street Ste D
  Mountain View, CA 94043
  Tel: 650-963-9967
  Term &amp; Termination

  These Terms of Service are effective from the date that you first access the Kifi Services or submit any information to Kifi, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Service. Kifi may immediately terminate these Terms of Service, and/or your access to and use of the Kifi Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Upon termination of these Terms of Service by either party, your right to use the Kifi Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Kifi Services, whether under these Terms of Service or otherwise. All disclaimers and all limitations of liability and all Kifi rights of ownership shall survive any such termination.

  We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Kifi Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Kifi Services, or any part of portion thereof. Nothing in these Terms of Service shall be construed to obligate Kifi to maintain and support the Kifi Services, or any part or portion thereof, during the term of these Terms of Service.
  Disclaimers

  THE KIFI SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE KIFI SERVICES OR INFORMATION AVAILABLE VIA THE KIFI SERVICES IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE KIFI SERVICES, OR YOUR USE OF THE KIFI SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE KIFI SERVICES, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE KIFI SERVICES, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE KIFI SERVICES.
  Limitation of Liability

  NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER KIFI NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE KIFI SERVICES AND/OR ANY LINKED WEBSITE OR SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE KIFI SERVICES OR ANY LINKED WEBSITE OR SERVICES IS TO STOP USING THE KIFI SERVICES OR LINKED WEBSITE OR SERVICES, AS APPLICABLE. NEITHER KIFI NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON OR VIA THE KIFI SERVICES BY THIRD PARTIES.
  Indemnification

  You agree to fully indemnify, defend, and hold Kifi, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of these Terms of Service, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to or via the Kifi Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Kifi Services or other websites or services to which the Kifi Services are linked; and/or (d) your negligence or willful misconduct.
  Jurisdictional Issues

  Kifi makes no representation that the Kifi Services operate (or are legally permitted to operate) in all geographic areas, or that the Kifi Services are appropriate or available for use in all geographic areas. Accessing the Kifi Services from territories where the Kifi Services or any content or functionality of the Kifi Services is illegal is expressly prohibited. If you choose to access the Kifi Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
  Notice for California Users

  Under California Civil Code Section 1789.3, California users of the Kifi Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210. You may contact us here or at:
  FortyTwo Inc.
  278 Hope Street Ste D
  Mountain View, CA 94043
  Dispute Resolution/Governing Law

  These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then-current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Mountain View, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in Santa Clara County, California. Venue will lie exclusively in Santa Clara County, California. For the sake of clarity, nothing in this paragraph shall affect Kifi's ability to seek from a court injunctive or equitable relief at any time. If any arbitration or other proceeding is brought to enforce or interpret these Terms of Service or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
  Miscellaneous

  If any provision of these Terms of Service is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. These Terms of Service may not be changed, waived or modified except by Kifi as provided herein or otherwise by written instrument signed by Kifi. Neither these Terms of Service nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Kifi's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Kifi may assign, transfer, or delegate these Terms of Service or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  The Kifi Services are Operated By

  FortyTwo Inc.

  LAST UPDATED: October 25, 2015


text:
  Политика конфиденциальности

  Политика конфиденциальности

  <a href="http://platnijopros.ru">Platnijopros.ru</a> очень строго относятся к защите конфиденциальности участников. Во время регистрации, мы не требуем от Вас никакой личной информации. .
   
      Здесь краткий обзор нашей политики конфиденциальности:
  -Мы не собираем никакой информации о демографии, если у нас нет на то Вашего разрешения. (напр. Мы можем спросить про какие-то демографичекие данные в наших оплачиваемых опросах).
  - Мы не обмениваемся, не продаем и не делимся информацией, зарегистрированной в <a href="http://Platnijopros.ru">Platnijopros.ru</a>.
  - Демографический профиль, который Вы заполняете при регистрации, используется только для отбора Вашей кандидатуры в конкретном опросе. 
      Ваш профиль не может быть использован кем-то другим кроме <a href="http://Platnijopros.ru">Platnijopros.ru</a> без Вашего на то разрешения. Если Вы решаете принять участие в опросе со специфическими требованиями, то компания, проводящая опросы, может попросить у Вас какую-то дополнительную специфичную демографическую информацию.
  - Мы никогда не включим Вас в какую-либо рекламную рассылку без Вашего на то разрешения. Если Вы не заполните до конца опрос, наши партнеры никогда ничего о Вас не узнают. Если Вы закончите опрос, они будут знать только ту информацию, которую Вы предоставили нам при регистрации.
  - Мы никогда не попросим Вас дать нам свой адрес, кроме случаев, когда необходимо выслать вознаграждение или исследовать профиль, уличенный в мошенничестве.
  - Сайт <a href="http://Platnijopros.ru">Platnijopros.ru</a> свободен от программ–шпионов (троянов). Мы не просим наших участников скачивать программы–шпионы (трояны).
  - Мы не просим Вас предъявлять документы, удостоверяющие Вашу личность, если только это не потребуется для перечисления Вам вознаграждения, либо в случае, если Ваш профиль будет уличен в мошенничестве.
  - Каждый раз, когда участник открывает свой Личный кабинет (личный профиль) на <a href="http://Platnijopros.ru">Platnijopros.ru</a>, мы определяем его IP, адрес, с которого участник попал на нашу страницу, страну, тип броузера, а так же тип используемой пользователем операционной системы.
  - Ссылки используются для того, чтобы Вам не приходилось постоянно заново входить в Личный кабинет (личный профиль) на <a href="http://Platnijopros.ru">Platnijopros.ru</a>.
  - Некоторые клиенты (включая видео провайдеров, некоторые опросные компании) могут использовать куки в браузере (cookies), чтобы лучше подбирать для Вас опросы.
  - Пользователь может поделится своей социально-демографической информацией для участия в опросах клиента, которая будет автоматически внесена в систему клиента и использована для подбора опросов.
  - Пользователь может заполнить полный профайлер на сайте Платный Опрос. Эта информация будет использована только с целью определения, подходит ли пользователь для участия в опросе. В некоторых случаях клиент может попросить пользователя поделиться основной социально-демографической информацией (возраст, доход, пол) для того, чтобы предложить Вам больше опросов, но клиент не будет запрашивать у Вас имя, адрес, номер телефона, если это не касается тестирования какого-либо продукта, или клиенту необходимо выслать Вам вознаграждение или продукт для тестирования.
  - Закодированный ID пользователя может быть получен клиентом с целью контактировать данного пользователя снова через сайт Platnijopros для уточняющих или дополнительных вопросов к пройденному опросу.
  - Пользователь может предоставить клиенту свою личную информацию, заполняя какой-либо опрос. Эти клиенты имеют свою политику конфиденциальности и Platnijopros не котнролирует ответственность клиентов за сохранения добровольно предоставленной информации.


text:
  Live Gold Spot - Firefox Extension

  This license applies to all files delivered with this extension.

  ***** BEGIN LICENSE BLOCK *****

  Version: MPL 1.1/GPL 2.0/LGPL 2.1

  The contents of this file are subject to the Mozilla Public License Version
  1.1 (the "License"); you may not use this file except in compliance with
  the License. You may obtain a copy of the License at
  <a href="http://www.mozilla.org/MPL/">http://www.mozilla.org/MPL/</a>

  Software distributed under the License is distributed on an "AS IS" basis,
  WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
  for the specific language governing rights and limitations under the
  License.

  The Original Code is the Live Gold extension for Firefox.

  The Initial Developer of the Original Code is Clement Chu.
  Portions created by the Initial Developer are Copyright (C) 2009
  the Initial Developer. All Rights Reserved.

  	Contributor(s):
  	Clement Chu &lt;clement.chu@gmail.com&gt;

  Alternatively, the contents of this file may be used under the terms of
  either the GNU General Public License Version 2 or later (the "GPL"), or
  the GNU Lesser General Public License Version 2.1 or later (the "LGPL"),
  in which case the provisions of the GPL or the LGPL are applicable instead
  of those above. If you wish to allow use of your version of this file only
  under the terms of either the GPL or the LGPL, and not to allow others to
  use your version of this file under the terms of the MPL, indicate your
  decision by deleting the provisions above and replace them with the notice
  and other provisions required by the GPL or the LGPL. If you do not delete
  the provisions above, a recipient may use your version of this file under
  the terms of any one of the MPL, the GPL or the LGPL.

  ***** END LICENSE BLOCK *****


text:
  BY USING THIS EXTENSION AVAILABLE AT THIS SITE CREATED BY DESKTOP WEATHER CHANNEL  (“DESKTOP WEATHER CHANNEL”)– YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS SOFTWARE AS WELL AS DESKTOP WEATHER CHANNEL EXTENSION KNOWN AS DESKTOP WEATHER CHANNEL (THE “PRODUCT”). (LICENSOR). THIS AGREEMENT SETS THE TERMS, RIGHTS, RESTRICTIONS AND OBLIGATIONS ON USING DESKTOP WEATHER CHANNEL (HEREINAFTER: THE BROWSER EXTENSION) CREATED AND OWNED BY LICENSOR, AS DETAILED HEREIN– YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF DESKTOP WEATHER CHANNEL EXTENSION KNOWN AS DESKTOP WEATHER CHANNEL (THE “PRODUCT”). 
  If you decided to download the Product, it will be added into your browser, free of charge, will show you certain results including daily weather, also weekly weather on your location or any location that you choose. We will also show you from time to time relevant advertisement based on your interest.
  If you use the Product, note that the license granted herein is only valid if: (i) the Product is not modified in any manner; (ii) the Product is only installed and used in accordance with your network security policies, (iii) you possess the necessary authority and power to install and use the Product, (iv), and (v) this agreement is accepted without modification and has not been breached.
  Desktop weather channel retains all ownership rights in and to the Product, including any intellectual property rights therein.
  The Product contains material that is protected by intellectual property laws, including copyright, trademarks, and patent law. All rights not granted to you herein are expressly reserved by Desktop weather channel. You may not remove any copyright or other proprietary notice of Desktop weather channel from the Product.
  Third party content, including files, links, images, and text, made available or accessible through the Products is the sole responsibility of the person or entity from whom it originated and is the property of the applicable owner. This agreement does not give any rights to such content. Desktop weather channel does not endorse any such content. You accept all responsibility for security risks and any damage resulting from any content viewed or accessed through the Product, and Desktop weather channel is not responsible for any damage or loss caused by your use or reliance on any of the content, goods or services, or information available through third party sources regardless of how presented.
  Desktop weather channel is not obligated to provide updates and/or upgrades to the Product. If an update/upgrade is provided and the update is not accompanied by an additional agreement, this agreement applies to your use and installation of the update/upgrade.
  The Product is solely for lawful purposes and use. You are responsible for ensuring that your use of the Product is in accordance with this agreement and any applicable laws, statutes, ordinances, regulations, rules, and other government authority.
  You shall (1) comply with all regulations, policies and procedures of networks connected to the services; (2) not use the Product to infringe the privacy or intellectual property rights of a third party; (3) not use the Product to distribute or transmit any file that contains malware, (4) not attempt to gain unauthorized access to other computer systems; and (5) not use the Product to transmit any unlawful, harassing, libelous, defamatory, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature.
  You shall indemnify (i) Desktop weather channel, (ii) Desktop weather channel’s affiliates, and (iii) Desktop weather channel’s and its affiliate’s directors, officers, employees, and agents (each an “Indemnified Person”) against all liabilities, losses, expenses, or costs (including attorney’s fees) (collectively “Losses”) that, directly or indirectly, are based on your breach of this agreement, information provided by you, or your infringement on the rights of a third party.
  Your indemnification obligations are not Desktop weather channel’s sole remedy for a breach and are in addition to any other remedies Desktop weather channel may have against you under this agreement. Your indemnification obligations survive the termination of this agreement.
  You acknowledge that the Product is subject to the operation and telecommunications infrastructures of the Internet and the operation of your Internet connection services, advertising solution all of which are beyond Desktop weather channel’s control.
  EXCEPT AS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT, DESKTOP WEATHER CHANNEL EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE PRODUCT. THIS DISCLAIMER INCLUDES ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW. DESKTOP WEATHER CHANNEL DOES NOT GUARANTEE THAT, 1) THE PRODUCT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, 2) WILL NOT SHOWING ADS , 3) WILL NOT PROMOTE THIRD PARTY PRODUCT OR SERVICE, OR 4) THAT ACCESS TO THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  Desktop weather channel shall follow the Privacy policy posted on its website, presentation page or product itself. When collecting and using information from you, Desktop weather channel may amend the Privacy policy at any time by posting the amended Privacy policy on its website, website, presentation page or product itself.
  All questions, notices, demands, or requests to Desktop weather channel with respect to this Agreement must be send to: weather.desktop2016@gmail.com


text:
  Under this End User License Agreement, Serg G. Brester (sebres) (the "Licensor") grants to the user (the "Licensee") a license to use the software "Persistent magic password generator" (the "Software") pursuant to the GNU General Public License.

  Software includes the computer programs and any related documentation and any other files that may accompany the product.

  See the GNU General Public License for more details.

  [NO WARRANTY]
  The software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

  [NON-COMMERCIAL USAGE]
  The licensee may not use the whole work for commercial purposes — unless the licensor agrees to separately.

  Copyright © 2015 Serg G. Brester (sebres). All Rights Reserved.


text:
  # END USER LICENSE AGREEMENT

  IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT Mainichi("The Software Product")is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 

  Mainichi is licensed, not sold. This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (either an individual or a single entity) and Mainichi with regard to the copyrighted Software (herein referred to as "Mainichi") provided with this EULA. 


  ## 1. Definitions 
  (i) "Customer" or "You"(either an individual or a single entity) are granted by Mainichi for the use of the Software;

  (ii) "Licensed Software" means the web based software application called Mainichi which is proprietary to Mainichi.

  (iii) The Service through Mainichi official website(<a href="http://mainichi.me/">http://mainichi.me/</a>) or through a third-party application store such as the Chrome Web Store or Add-ons for Firefox.  

  (iv) “Service” means the provision of access to the Licensed Software for the purpose of transmitting Licensee Data.

  (v) “Usage Data” means data collected about Customer’s use of the Service, for example which language option is most chosen(e.g. Japanese).

  ## 2. Licenses and Data

  ### 2.1 Software License Grant
  Subject to all of the terms and conditions of this Agreement and payment of any applicable fees, Mainichi grants to Customer a royalty-free, non-exclusive, non-transferable license to download, install and use the Licensed Software as part of the Service.

  ### 2.2 	Usage Data
  Customer agrees that Mainichi will have the right to collect Usage Data and to create statistics and analytics therefrom (“Derived Data”). Customer further agrees that Mainichi may use and disclose Derived Data without restriction provided that such Derived Data does not identify the Customer and does not contain personally identifiable information.


  ## 3. Disclaimer of Warranties

  ### 3.1 
  To the greatest extent permitted by law, the licensed software provided by Mainichi hereunder are provided on an "as is" basis and there are no warranties, 
  representations or conditions, express or implied, written or oral, arising by statute, operation of law, course of dealing, usage of trade or otherwise, regarding them or any other product or service provided under this agreement or in connection with this agreement by Mainichi. Mainichi disclaims any implied warranties or conditions of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement. 

  ### 3.2
  Mainichi does not represent or warrant that the software shall meet any of all of Customer's particular requirements. The software will operate properly or error-free or defects in the software can be found or corrected. Therefore, Customer has the rights to report any errors/correction issue. Customers using the Service as a Chrome extension can report errors and any issue : <a href="https://chrome.google.com/webstore/detail/mainichi/dfekdjmdikicceaiokcmmchenpilglhn/support?hl=en">https://chrome.google.com/webstore/detail/mainichi/dfekdjmdikicceaiokcmmchenpilglhn/support?hl=en</a>.


  ## 4. Proprietary Rights

  Customer acknowledges and agrees that the Licensed Software contains confidential and proprietary information and trade secrets belonging to Mainichi and its licensors. Customer acknowledges and agrees that title in and rights to the Software remains exclusively with Mainichi and its licensors. Customer’s rights to the Software are strictly limited to those granted in this Agreement. Customer shall not decompile, disassemble or otherwise reverse engineer the Software. If the foregoing provision is prohibited by applicable law, Customer will provide Mainichi with advance written notification of (a) its intention to decompile, disassemble or otherwise reverse engineer the Software, and (b) the nature of the work involved. Mainichi will be given the right of first refusal to perform such work at its prevailing rates and prices.


text:
  1. Authorization to use services.

  Subject to your compliance with the terms and conditions set out in <a href="http://www.mywebook.com">http://www.mywebook.com</a> “Compliance Rules”, mywebook grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the platform to make use of all its services. With this license you can use the services that allow you to explore the internet, to find new websites that may interest you, create hyperlinks, quick navigations, customize your content, publish, collect and archive information and links from the internet for private or public viewing. The content you post (user content) and all the hyperlinks you create is solely your responsibility. Mywebook does not guarantee nor is liable for the unauthorized publication or hyperlink contents that you create.

   

  2 Reservation of rights.

  Mywebook reserves all rights that are not expressly referred to in these terms and conditions.

   

  3 Prevention of unauthorized use.

  Mywebook reserves the right to pursue any legal act they believe is necessary, to prevent unauthorized use, including but not limited to, technological barriers, IP mapping and direct contact with the internet service provider (ISP) in the event of such unauthorized use.

   

  4 Modification and termination of offered services.

  Mywebook in the contect of cooperation under this agreement, reserves the right, in its sole discretion, to modify, suspend or terminate the services at any time and without prior notice. Mywebook may restrict, disable or terminate your access to your account for any reason.

   

  5 Other terms that may apply.

  If you subscribe to mywebook to receive additional services, the additional services may be governed by additional new terms.


text:
  End-User License Agreement
  Hotmind extension requires that you accept the following End-User License Agreement before installation can proceed:  <a href="https://www.mozilla.org/en-US/MPL/2.0/">https://www.mozilla.org/en-US/MPL/2.0/</a>


text:
  NetPanel user license agreement

  These license terms constitute an agreement between Gemius SA (“Gemius”) with its seat at ul. Postępu 18b, 02-676 Warsaw, Poland, and the user (“User”). Please read these terms carefully. The terms apply to the NetPanel software both desktop, mobile version as well as to NetPanel browser extension (“Software”) and, unless otherwise specified, to technical support and Software updates provided by Gemius.
  By using the Software, the User accepts these terms. If the User does not accept the terms, he or she cannot use the Software.

  1.	Software functionality Gemius conducts surveys to collect information concerning the behavior of Internet users (for example the websites they visit) and applications run on their devices (“Survey”). The Software allows such information to be collected and transmitted to the Gemius computing center. The Software is also able to show Users invitations to participate in competitions.
  2.	System requirements. The Software works under the most popular operating systems, (desktop: Windows, Linux, MacOS and mobile: iOS, Android, WP). While running, the Software tracks how users access the Internet using the most popular browsers available on these systems.
  3.	User. The User represents that he or she is a person entitled to conclude this Agreement, i.e. he or she can lawfully decide to install the Software on his or her device. If the User is a minor, he or she must obtain the consent of an authorized person before he or she can install the Software. 
  4.	Other Users. The Software is meant to be used by the User on his or her device and by other persons who regularly use that device (“Other Users”). By granting Other Users access to the device on which the Software is installed, the User also allows them to create their own profile in the Survey. The User and Other Users may hereinafter be referred to as “Users.”
  5.	Participation in competitions. The Users decide each time whether they want to participate in a competition based on the terms and conditions made available to them. Personal data entered into a form send in an invitation to participate are encrypted before being uploaded to the Gemius server.
  6.	Scope of license. This Software is licensed, not sold. The License is non-free and non-exclusive, and is granted once the User has finished installing the Software on the device. Users may use the Software only according to its purpose, i.e. to participate in the Survey. Users may not:
  6.1.	attempt to circumvent any technical restrictions of the Software;
  6.2.	reverse engineer, decompile or disassemble the Software, except when and insofar as such actions are expressly allowed by law regardless of this limitation;
  6.3.	use the Software for other purposes than participation in the Survey;
  6.4.	make the Software available to anyone who is not a User for regular use on a device.
  7.	Copyright. The Software may not be modified or distributed in any manner without the written consent of Gemius. Removing or obscuring the copyright notice is prohibited. Gemius reserves all other rights not expressly granted to the Users.
  8.	Transfer to another device. The License permits the Software to be installed and used simultaneously on multiple devices belonging to a single User. If the Software is being used on multiple devices, Gemius may link data obtained from those devices to the User. The User can also uninstall the Software and install it on another device. In case of change of device on which the Software is installed, operating system reinstallation or any other condition that prevents the Software from being used, the User should contact technical support. 
  9.	Data collected by the Software. The following data may be collected by the Software and sent to Gemius. 
  9.1.	Information that the Software is installed on the end device (sent when the Software is launched); 
  9.2.	the complete URLs of websites browsed in Internet browsers, together with the time of visit; 
  9.3.	the names of applications running on the computer, as shown on the “active processes” list; 
  9.4.	a modified IP address of the device, preventing the complete IP from being identified; 
  9.5.	data identifying the Software, Gemius cookies, the Users and their declared usernames; 
  9.6.	machine IDs (unique hardware identifier), operating system version, screen resolution and browser version; 
  9.7.	the user's login hash;
  9.8.	information about ads displayed on the device's screen while browsing the net or using an application.
  10.	Backup and updates. The User may make a backup of the Software. The backup may be used solely to reinstall the Software. If the User has enabled the respective settings, Gemius may update the Software automatically and Users are entitled to use such updates.
  11.	Technical support and complaints. The User is entitled to free technical support related to using the Software. Technical support is available at netpanel@gemius.pl, by calling (22) 378-30-60 or by sending regular mail to the Gemius head office address (Warszawa, 02-676 ul. Postępu 18b, Polska). The above e-mail and mail addresses may also be used to file complaints concerning the operation of the Software.
  12.	Disclaimer. Gemius does not grant any express or implied warranty that the Software is free of material defects. To the extent permitted by law, Gemius disclaims the implied warranties of merchantability and fitness for a particular purpose. Gemius makes all efforts to ensure that the Software is free of errors and does not disrupt the operations of the device, but is not liable for any damage caused by the use of the Software. Gemius will in no event be liable for damage resulting from installation of Software on a device that does not meet the System Requirements or from inability to use the Software. The User is entitled to statutory warranties according to the applicable Consumer Laws and no part of these terms is intended to alter such warranties.
  13.	Term of the Agreement. The User may terminate the Agreement at any time without stating the cause, by uninstalling the Software. The Software can be uninstalled using the standard procedure available in the respective operating system. Termination of the Agreement causes the termination of all rights of the User. Gemius may terminate the Agreement with immediate effect if the User has violated the scope of license granted to him or her.
  14.	Changes of the Agreement. Gemius will notify Users about all essential changes in the Agreement. The information, together with a new version of the Agreement, will be sent by e-mail to the User's address, or otherwise expressly communicated to the User. If the User does not accept the changes, he or she should uninstall the Software and thereby terminate the Agreement.


text:
  This Agreement applies to subscribers of DotVPN (hereinafter - Service).

  By subscribing to the Service, you agree to the following terms of service. If you do not agree to the conditions described in this Agreement, including any future changes to the Agreement, you're not entitled to use this service.

  If after reading you have any questions regarding this Agreement, you can contact our technical support by e-mail: info@dotvpn.com.

  Starting to use the Service, you automatically agree with our Privacy Policy and Terms of Use of the Service (hereinafter - «Privacy Policy» and «Terms of Use»). So before you will buy a subscription entitling the use of the Service, carefully read the Privacy Policy and Terms of Use. Using our service, you acknowledge that you agree with our Privacy Policy and Terms of Use and that you undertake to comply with it. If you do not agree with it, please refrain from the use of Service.

  DESCRIPTION OF SERVICE

  DotVPN is a service that provides to individual users secure access to open resources on the Internet and other private networks under management software Smart Security Ltd. (hereinafter - Software).

  DotVPN creates a «secure tunnel» between the user's computer or mobile device and open internet resources and/or private networks, such a way that no one can read or change the data sent and received by user. Data security is achieved through the use of digital certificates, together with the technology of Internet security protocols. Technology provides user authentication by digital certificate such a way that ISP open access and commercial ISP user or hacker «wedged in the middle» cannot read or change the data sent by the user in the communication. The advantage of the technology is that it supports authentication at the network level, the confirmation of the original data, data integrity, data confidentiality (encryption), and the mechanism of protection against a repeat play, providing an excellent level of user safety.

  Website <a href="http://dotvpn.com">dotvpn.com</a> (hereinafter - Site) and service DotVPN served by Smart Security Ltd. (hereinafter - the Company). Company's registered office: 18/F., Wanchai Central Building, 89 Lockhart Road, Wanchai, Hong Kong.

  TERMS OF USE

  By registering to use DotVPN, you must provide accurate and reliable data, and timely notify the Company of any changes in the registration data.

  By subscribing to the Service you agree that DotVPN (hereinafter the Service) is provided to ensure the security and privacy of Internet user access. As a condition of using the Service, you represent and warrant that the Service will not be used for any other purpose prohibited by the laws of Hong Kong, and violate this User Agreement and you warrant that:

  • You have the legal capacity (age and legal status to sign contracts) for an agreement on its own behalf or on behalf of a legal entity.

  • You shall not modify, hack, copy or resell and distribute the software and data, or parts thereof, provided in during the provision of services.

  • You exclude unauthorized third-party access to the Service and its components (software, certificates, USB-key).

  • You will not use the Service for illegal activities or conduct that may cause damage to third parties or violate their right to privacy, or cause other damage that does not allow others to use the Service.

  • Site visits and use of the Service shall not be in conflict with the laws of the country in which you carry out using the Service.

  ACCESS AND REGISTRATION IN THE SYSTEM

  We restrict access to DotVPN: it is allowed only for registered users and active subscribers. You can find the registration information in the document «Terms Of Use». Choosing the option of using our Service, you should choose the tariff plan and pay for services.

  We reserve the right to suspend or terminate any account, and block the use of our website and services, if in our opinion, the User has violated any provision of this Agreement.

  The User has the right to download the software and install it on an unlimited number of devices. However, a one subscription entitles only three concurrent connections.

  Only the User has the right to use the subscription. The User has no right to lease or otherwise transfer its right to use the Service to a third parties. Otherwise the user is responsible for the actions of all persons using his account and for their compliance with the terms of this Agreement.

  The User is responsible for his account and for his confidential data. The user should refer to the login and password as confidential information and not disclose them to third parties. The user must make every effort to prevent unauthorized access to his account.

  The company handles a personal information of users, and other provides by the user information, in accordance with the «Privacy Policy». By using the Site, Users agree to such processing of information. Users are obligated to provide only reliable information about yourself or about represented by them legal entity.

  LIMITATIONS AND RESPONSIBILITY

  You agree that your use of the Service is at your own risk and are solely responsible for your own actions. We are not responsible for the actions that you perform using the Service. You are responsible for any damage caused by third parties through the use of services.

  The Company uses a variety of tools and techniques to provide quality service and availability 24 hours a day, 7 days a week, 365 days a year and provide a correct user authentication, data integrity, data confidentiality (encryption), but the Company can not be responsible for damage caused by temporary or permanent unavailability of the Service and / or its components.

  Service may not be available for a number of reasons beyond our control, including failure of equipment of third parties, falling providers communication channels, weakness of public networks (a user would use) signal, operation of which we cannot control, etc. We are not responsible for loss of data, messages, pages loaded sites, because of interruptions and low quality of Internet network infrastructure.

  We reserve the right to periodically perform maintenance or repair our equipment with or without notice (in case of breakages) because of what the service may be temporarily unavailable. If downtime due to our fault exceeds 24 hours, we will refund the cost of downtime to the user, either by returning a part of the cash flows for the period providing the Service, in proportion downtime, either by providing a discount for the next period or the additional free day. If downtime due to our fault exceeds 48 hours, we will refund to the user the full cost of the current period, paid by the user or provide free services for the next reporting period.

  We do our best to provide users with the highest possible speed, but this data rate is only estimates and do not mean the actual rate at which the data will be transmitted. Actual data rate depends on many factors, such as configuration and network congestion, subscriber location and other parameters of the Internet infrastructure. Accuracy and timeliness of getting the data is not guaranteed, delays or omissions may occur.

  TARIFF PLANS AND FEES

  User agrees to timely pay the cost of services under this Agreement, according to the selected tariff plan. Description of tariffs specified in the relevant web page of the site.Cost of services includes all taxes that are applicable to the provision of the Service in accordance with the laws of Hong Kong. Provision of Services under this Agreement shall take place on the basis of 100% prepayment.

  User confirms that he is acquainted with the cost and the content of the Services. The User is informed that the Company can change the cost of services, notifying users by posting information on the web page of the site devoted to the description of tariff plans. Changes made to the cost of the services are not retroactive.

  Users have the right to pay in any convenient for their currency. Payment can be made by debit or credit card, as well as through one of the online payment systems.

  TERMINATION OF SERVICES

  User may stop using Service at any time, starting with the next billing period, in accordance with this Agreement. In case of refusal of the Service using, the money for the current period are not refundable. If user pay the subscription for several periods in advance, when refusing to use Service, the remaining balance returns to the user, less the value of less the value of the current billing period. Minimum payment period is a month.

  In the event of termination of use of the Service due to a violation of this Agreement, the money will not be returned to the user.

  Violation of this Agreement by the user will be established by the Company in its sole discretion. Failure to comply with any clause of this Agreement entails the following consequences:

  • Immediate suspension of the right to use Service and / or software without a money refund;

  • Issuing a caution;

  • Compensation for damages (including administrative and legal costs) incurred by the Company as a result of the offense;

  • Post any necessary (in our opinion) information to law enforcement authorities;

  • Other legal actions;

  ILLEGAL USE OF THE SERVICE

  The user has the right to use Service and software only for lawful purposes. The Company reserves the right to refuse to provide the Services at any time without prior notice in the event of unacceptable behavior of user, expressed in violating the provisions of this Agreement.

  The next use of the Service is unacceptable and will result in termination of the service:

  • Using the Service for mass spam mailings;

  • Computer fraud, viruses and hacking applications;

  • Unauthorized access and hacking of others computers;

  • DDoS attacks;

  • Distribution of child pornography and other illicit content;

  • To harm or attempt to cause damage to third parties;

  • For interference or disrupting of Site systems, and for any violation of the requirements and procedures, policies and regulations of any networks connected to the System;

  • To collect and store personal data about other users without their knowledge;

  • Other activities that are illegal under the laws of Hong Kong.

  The User hereby accepts the restrictions on service imposed by the laws of Hong Kong.

  APPLICABLE LAW

  Terms of this Agreement are in accordance with the requirements and laws of Hong Kong. All that is not spelled out in this Agreement shall be construed under the laws of Hong Kong.

  CHANGES TO AGREEMENT AND SERVICES

  The Company reserves the right to amend this Agreement by posting an updated version of its reference on this Web page with an indication on the revision date of Agreement or any item. Company reserves the right to unilaterally change the agreement.

  In connection with the foregoing, we recommend you to browse this page not less than 2 times per month, to be aware of the new version of the Agreement.

  The Company may discontinue to provide services under this Agreement, temporarily or permanently, provided notice of it no later than one calendar month.

  SECURITY AND DATA PROTECTION

  We use different mechanisms to protect your personal information from unauthorized access by third parties. Our general policy in this matter is as follows - we do not disclose to anyone information about our users without a court order or the consent of your own. For information security, we use the following tools:

  «The software part». To ensure the security of user data transmission we use several mechanisms to protect, such as 256-bit encryption and IPSec technology. We use special tools and devices, that does not compromise our users' digital certificates, and thereby to protect users from viewing data and (or) changes even in the case of unauthorized access to our servers of third parties.

  «Infrastructure part». Our servers are located in a secure server center with video surveillance and round the clock security. Physical access to our servers will not allow to attackers to gain access to the data, since all data is encrypted. We regularly save data to insure against physical system failure and for allow quick recovery of systems and services.

  We keep the history of user connections for the last 24 hours, to prevent violations of this Agreement by the Users, and after that the information is removed, and there is no technical possibility to get information about user connections for the period earlier than 24 hours from now.

  THE INFORMATION WE COLLECT

  In order to provide services, we may collect personal information that will be used solely for display and personalization personal cabinet of user for ease administration and development services.

  The Company collects and stores the following information about users:

  • Registration data (E-mail and password in an encrypted SHA256);

  • IP address of the user within 24 hours since you last connected;

  • The date of the registration;

  • Payment Dates of subscription fee.

  The company has the right to collect data on certain pages of the Site you visit, the frequency and time of use of the Service, including personal data specified by the user during registration for billing, for providing statistics to users, and for the possibility to contact the user on the provision of the Services. All this information is used solely to provide services and improve service quality and development of all Services.

  In particular, we may collect the following information about users:

  • Where applicable, we may store information on the version of software used by the user to ensure compatibility with products and services;

  • We keep track of your use of the Services to provide the user of statistics and to optimize, improve and develop services, improve the quality of services.

  For these purposes, we may use cookies, which are small files stored on your computer. Cookies make it easier for the user to access the online resources and allow you to remember your personal settings information display, which makes it possible to customize the navigation and use of the site. As desired, the user can refuse the use of cookies, in which case the user will not be able to properly access some functions of the site.

  CREDIT CARD DETAILS

  We do not save or store Users credit card information. Payments by credit cards are processed in real-time by authorized agents.

  Withdraw funds from the credit card is automatically and instantly. We do not store credit card data and other payment information. If the need to return of funds to the user, it is credited to the user’s credit card through authorized agencies.

  USE OF COLLECTED INFORMATION

  We do not sell or share your personal data, do not provide access to the history of user connections services to third parties. The only exception - the decision of the Hong Kong court with the requirement to provide such access to representatives of the law.

  We reserve the right to use the information we collect for the following purposes:

  • We may contact you by phone or e-mail on quality issues or technical problems and other issues related to the Service, and for notification of changes in the composition and properties of services and information;

  • We may contact you to notify you about the expiration of Contract and offer the prolongation of services;

  • With your permission, we may contact you by phone or email for notifications about new DotVPN services and special DotVPN offers.

  DISCLOSURE OF INFORMATION

  Your personal information that you trust us is stored on servers in Hong Kong. Only authorized DotVPN employees have access thereto, including our representatives located in other countries who can get access to some of the information regarding payment issues and the quality of services, and other information necessary for the development of services and assistance to users in a particular country.

  We may share the information which is necessary for the implementation of services to third parties only with your permission. If our business will be subject to a merger or acquisition with another company, your information may become available for new business partners and owners. If only the law will not require it, we will not disclose, sell or distribute the information that we provide by users without their consent.

  ACCEPTANCE OF SERVICE

  Registration in the system is confirmation that you have read and familiarized with this Agreement and agree to the terms of use of Service.


text:
  Copyrights © 2016 <a href="http://buybuddy.net">buybuddy.net</a>

  IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
  1. LICENSE

  By receiving, opening the file package, and/or using BuyBuddy ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different license agreement signed by NetworkSys Co. Ltd. your use of BuyBuddy indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, NetworkSys Co. Ltd. grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use BuyBuddy in accordance with this Agreement and any other written agreement with NetworkSys Co. Ltd.. NetworkSys Co. Ltd. does not transfer the title of BuyBuddy to you; the license granted to you is not a sale. This agreement is a binding legal agreement between NetworkSys Co. Ltd. and the purchasers or users of BuyBuddy . If you do not agree to be bound by this agreement, remove BuyBuddy from your computer now and, if applicable, promptly return to NetworkSys Co. Ltd. by mail any copies of BuyBuddy and related documentation and packaging in your possession.
  2. DISTRIBUTION

  BuyBuddy and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of BuyBuddy contact NetworkSys Co. Ltd..
  3. USER AGREEMENT
  3.1 Use

  Your license to use BuyBuddy is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of BuyBuddy .
  3.2 Use Restrictions

  You shall use BuyBuddy in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of BuyBuddy together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. Each licensed copy of BuyBuddy may be used on one single computer location by one user. Use of BuyBuddy means that you have loaded, installed, or run BuyBuddy on a computer or similar device. If you install BuyBuddy onto a multi-user platform, server or network, each and every individual user of BuyBuddy must be licensed separately. You may make one copy of BuyBuddy for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of BuyBuddy . The assignment, sublicense, networking, sale, or distribution of copies of BuyBuddy are strictly forbidden without the prior written consent of NetworkSys Co. Ltd.. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of BuyBuddy . If any person other than yourself uses BuyBuddy registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
  3.3 Copyright Restriction

  This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile BuyBuddy . Nor can you create any derivative works or other works that are based upon or derived from BuyBuddy in whole or in part. NetworkSys Co. Ltd.'s name, logo and graphics file that represents BuyBuddy shall not be used in any way to promote products developed with BuyBuddy . NetworkSys Co. Ltd. retains sole and exclusive ownership of all right, title and interest in and to BuyBuddy and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of BuyBuddy , products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for NetworkSys Co. Ltd..
  3.4 Limitation of Responsibility

  You will indemnify, hold harmless, and defend NetworkSys Co. Ltd. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of NetworkSys Co. Ltd.'s Software. In no event (including, without limitation, in the event of negligence) will NetworkSys Co. Ltd. , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, BuyBuddy or the use or inability to use BuyBuddy or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. NetworkSys Co. Ltd.'s entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by NetworkSys Co. Ltd. ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to NetworkSys Co. Ltd..
  3.5 Warranties

  Except as expressly stated in writing, NetworkSys Co. Ltd. makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
  3.6 Governing Law

  This Agreement shall be governed by the law of the Philippines applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Philippines therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
  3.7 Termination

  Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of BuyBuddy and destroy all copies of BuyBuddy supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
  4. DISCLAIMER OF WARRANTY

  THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY BuyBuddy AS WELL.
  5. CONSENT OF USE OF DATA

  You agree that NetworkSys Co. Ltd. may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to BuyBuddy .NetworkSys Co. Ltd. may also use this information to provide notices to you which may be of use or interest to you.


text:
  Copyright (c) 2016 Manish Patel, 
   Permission is hereby granted, free of charge, to any person obtaining
   a copy of this software and associated documentation files (the
   "Software"), to deal in the Software without restriction, including
   without limitation the rights to use, copy, modify, merge, publish,
   distribute, sublicense, and/or sell copies of the Software, and to
   permit persons to whom the Software is furnished to do so, subject to
   the following conditions:

   The above copyright notice and this permission notice shall be
   included in all copies or substantial portions of the Software.

   THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
   EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
   MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
   NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
  LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
   OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
   WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


text:
  <strong>*** CAUTIONS ***</strong>

  <strong>This software is distributed "AS IS" with NO WARRANTY OF ANY KIND. Although it may contain known or unknown bugs, defects or vulnerabilities, the developer and the distributor will NOT BE LIABLE FOR ANY KIND OF DAMAGES OR LOSSES. NO SUPPORTS, UPDATES OR FIXES will be guaranteed to be provided. Be sure to use this AT YOUR OWN RISK!!</strong>

  <strong>[ Terms of Use ]</strong>

  Please read carefully the following terms if you use "Sage++ (Higmmer's Edition)" [this software]. To use this software, you must clearly understand and agree with these terms. If you don't agree, DO NOT USE this software.

  <ul><li>You accept this software may contain known or unknown bugs, defects or vulnerabilities.</li><li>You understand possible threats caused by vulnerabilities of this software. (<a href="http://himag.blog26.fc2.com/blog-entry-319.html?lang=en" title="About the vulnerabilities of Sage and the effects on Sage-Too/Sage++">Reference</a>)</li><li>You know concretely how to protect yourself against vulnerabilities of this software. (<a href="http://himag.blog26.fc2.com/blog-entry-319.html?lang=en#VulnTableEn" title="About the vulnerabilities of Sage and the effects on Sage-Too/Sage++">Reference</a>)</li><li>You manage by yourself if you cannot get support, updates or fixes of this software due to some kind of situation.</li><li>You cope at your own risk with any kind of damages, losses or mental pains etc caused by using this software.</li></ul>


text:
  PLEASE READ THE END USER LICENCE AGREEMENT (“TERMS”) CAREFULLY BEFORE USING THIS EXTENSION.

  This Add-on offers you access to the biggest movies and shows database while keeping you up to date with celebrity gossip, teasers, spoilers and reviews. You can find funny videos and clips, easily search the web from your new tab and default search and always remain on top of future releases.

  SEARCH APPLICATION END USER LICENSE AGREEMENT

  This Search Application End User License Agreement ("Agreement"), applies to web search applications (each a "Search Application") developed by or for AD BUSINESS CROWN SOLUTIONS, SL and downloaded, installed and/or executed on or via your computer on or after the "Revision Date" set forth at the end of this Agreement. Such Search Applications includes a browser plug-in that sets new tab/start page products.

  Upon the installation or execution of a Search Application, the following features may be added/enabled in your Internet browser (which may include both your active browser and any other compatible Internet browser(s) resident on your computer). Features may vary between different browsers and different Search Applications or versions of Search Applications:

  Search Application: The Search Application may install into your Internet browser or operating system and allows you to search the Internet with the Services, and may provide other features as further described herein or during the Search Application installation process. If you already have a Search Application on your computer, you may be precluded from adding a subsequent Search Application unless the functionalities and/or branding differ. In such cases, we may still make such changes to your settings as you have elected during the offer and install process for such Search Application. Further, in certain cases, the Search Application itself may only comprise settings changes; in other cases, a Search Application may be offered alongside (or before or after) a distinct Search Application. In such cases, each Search Application must be disabled on uninstalled separately.
  Home Page, New Tab Page: During the Search Application download process, you may be given the option to reset your Internet browsers' default homepage (or similar page - e.g., a start page, start tab, etc.) to a Website or some other specified webpage, and/or reset your new tab page (in compatible browsers) to a new tab product. If you elect this option, the specified webpage will become your default home page and/or the specified new tab product will appear each time you open a new tab in your Internet browser. The homepage and new tab products are further subject to the policies/terms of service linked to in the footer of such products themselves.
  Related Search: The Search Application may include functionality that provides search suggestions and related search suggestions based on all of your web queries and/or the content or URL of the web pages you visit.
  THE SEARCH APPLICATION AND THE FEATURES LISTED ABOVE ARE FREE. NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED FOR GENERAL USE OF THE SEARCH APPLICATION.

  This Agreement is a legal contract between you and AD BUSINESS CROWN SOLUTIONS, SL. If you do not understand or agree with any part of the terms outlined in this Agreement, please do not use the Search Application. If you have any questions or concerns regarding what is written here, please let us know by emailing us at contacto@cyclon<a href="http://-media.com">-media.com</a>. Do not use the Search Application until these questions and concerns have been answered to your satisfaction and you agree to abide by the Agreement.

  By clicking the “Accept” button (or other similarly designated call to action) or by otherwise downloading, installing or using the Search Application, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all its terms and conditions, just as if you had physically signed it. If you are not yet 18 years of age, please ask your parent or legal guardian to install the Search Application for you. This Agreement applies to the Search Application and all features and functionalities developed by AD BUSINESS CROWN SOLUTIONS, SL. If you are installing a version of the Search Application that includes third party features and functionalities or accesses third party content, such third party features, functionalities and content are subject to such third party's terms of service.

  You can easily disable or uninstall the Search Application(s) by following the instructions available here:

  For Chrome users:

  Click on the three horizontal lines icon in the upper right-hand corner of your Chrome browser.
  Go to "Settings".
  In the menu that appears click on "Extensions".
  From the list of installed Extensions, find the name of the toolbar extension you wish to uninstall.
  Click on the trash can icon to the right of "Enable" (for the toolbar extension you wish to uninstall).
  Close your browser completely and reopen it. Our toolbar extension should be removed from your Chrome browser.
  Firefox users can remove the extension by going to Firefox's Tools menu, selecting Add-ons, and clicking "Remove" next to the name of the extension in the list of installed extensions.

  To remove our extension from Internet Explorer you can find a list of installed add-ons by clicking on “Manage Add-ons” in Internet Explorer's Tools menu.

  If you are still seeing the Search Application after uninstalling our extension, it is likely that your browser's homepage has not yet been reset back to its previous setting. Click on the Tools menu from the button with three horizontal lines in the upper right corner of the Google Chrome browser, and then click on "Settings" from the drop down menu. The Settings tab will indicate your current setting for your homepage (titled “On Startup”) and your default search provider (titled “Search”). If the Search Application is currently set as your homepage or default search provider, you must disable the extension in order to change the setting. Chrome will display an option to disable the extension and you can click on the "Disable Extension" button and then set your desired homepage or search provider. In some cases, you may have separate extensions installed for your homepage and default search provider settings, and you may need to disable them separately.

  For assistance, help or feedback, please email us at contacto@cyclon<a href="http://-media.com">-media.com</a>.

    1. License Grant

  Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, revocable, non-transferable, personal, limited license, to (a) download and install the most current generally available version of the Search Application offered to you, and (b) use such Search Application solely for your personal, non-commercial purposes. Use of the Services is subject to the applicable Website Terms of Service and Privacy Policy. If you are installing a version of the Search Application that includes third party features and functionalities or accesses third party content, such third party features, functionalities and content are subject to such third party's terms of service. You may find such terms of service via a link displayed within the Search Application itself, or on the website of the relevant feature, function or content provider.

    2.License Conditions

  You may not rent, sell, lease, sublicense, distribute, market, assign, copy, or in any way transfer theSearch Application or this Agreement or use the Search Application for the benefit of any third party in any manner. You may not modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Search Application, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Search Application in any way. You do not have the right to and may not create derivative works of the Search Application. All modifications or enhancements to the Search Application remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or to use the Search Application at any time, and we may at any time suspend or terminate any license hereunder and disable the Search Application or any of its component features.

    3. Updates

  We reserve the right to add or remove features or functions to or from the Search Application. When installed on your computer, the Search Application periodically communicate with our servers to request automatic updates when we release a new version of the Search Application, or when we make new features available.

  You agree that AD BUSINESS CROWN SOLUTIONS, SL may automatically download and install updates to the Search Application, from time to time, without prior notification. These updates are designed to improve, enhance and further develop the Search Application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Search Application.

    4. Ownership

  4.1 Copyrights © “AD BUSINESS CROWN SOLUTIONS, SL” all rights reserved. All contents including but not limited to texts, images, graphic design or codes in HTML, JAVA, JavaScript or ActiveX languages (among others), unless with previous express consent, is the Provider's or its licensor’s exclusive property. The aforementioned intellectual copyrights or industrial patent rights are protected by national and international legislation regarding intellectual and industrial copyrights. The exclusive exercise of exploitation rights for the aforementioned intellectual copyrights, in any given form and, specially, the rights of reproduction, distribution, public communication and transformation, correspond to the Provider or to legitimate third-parties. The use or access to the Software does not confer to the User any right over the Contents, brands, commercial names and/or distinctive symbols which appear on the Software. Non authorized use of materials and information contained in the Program may imply a breach of intellectual and industrial copyright legislation and other applicable laws. Any breach of these rights may lead to those extra-judicial, judicial, civil or penal procedures which may correspond.

  4.2. The User may not modify, manipulate, transform, copy or reproduce in a non-transitory manner nor publish, spread, extract, imitate, create derivative concepts, decompile, decode, perform reverse-engineering, transfer, transmit, hire, distribute, license, sub-license, sell or commercialize the Content or any of its rights unless with the Provider's express written authorization in agreement with the particular conditions which regulate the Software. It is strictly forbidden, under all circumstances, to obviate, suppress or manipulate the rights/duties, digital footprints, watermarks or any other device for technical or data protection corresponding to the Provider's rights or AD BUSINESS CROWN SOLUTIONS, SL, in the Program.

    5. Privacy

  When you install the Search Application, we assign a unique identification code to your copy of the Search Application, and such code is written to your computer's registry. Our installer technology does not transmit or share personal data from your system with any third parties. When initiated, the installer technology analyzes information about your system including country, language, internet connectivity, file types (and relative quantities), installed software and drivers, in order to ensure compatibility with your system and to better recommend additional products or services from AD BUSINESS CROWN SOLUTIONS, SL or third parties which could further enhance your user experience. It also ensures that only those recommendations that make sense for you are displayed (for example so that we wouldn't recommend a product that you already had installed).

  Install Failures. Sometimes, for reasons beyond our control, after you have agreed to install the Search Application, the Search Application install process fails. In such an unlikely event, we may pull certain data via an error log file (this data may include, without limitation, your machine name, computer user name, IP address, operating system information, machine/user permissions, browser type and version, Search Application partner ID and various other non-personally identifiable diagnostic information). This data will be used solely for the purpose of troubleshooting installation issues with the intent of improving the product and the user experience.

  When you use the Search Application to submit a search query, the Search Application forwards such query information to our servers. We use this information to process your web search requests (ourselves or via our search service partners) and to return a search results page to you. For information on additional uses of your query information, please see the Privacy Policy.

  Cookies; Configuration Settings. When you access the Web Site through the Search Application, the Web Site sets a "cookie" that collects information about your use of the Search Application including the unique identification code of your Search Application, the queries you submit through the Search Application, your IP address, and whether you clicked on search results or advertising links. When you start your browser, the Search Application sends a configuration request to our servers which includes your computer's IP address, browser type, and information about the specific release date and distribution source of your Search Application. This information allows us to distinguish your Search Application for purposes of compensating third parties who distribute our products and to analyze retention and usage on an aggregated basis. For more information on the use of cookies and on how to block or remove them, please see the Privacy Policy at the applicable Website.

  In order to provide you with certain Search Application functionalities, the Search Application may collect additional non-identifiable information such as the toolbar partner ID, your browser type and version, the installation date of the Search Application, the number of days since the Search Application has been installed, the time you spend in reviewing the defense feature, the time(s) the Search Application reverts the home page URL, the domain of the URL or site of the third party requesting to make changes to your homepage, new tab page and/or default search settings.

  In order to provide you with relevant search suggestions and related search suggestions, the Search Application may transmit to us web queries entered by you (within and outside of the Search Application) and the content and/or URL of the web sites you visit.

  We and our affiliates and partners that market and distribute Search Applications, including those who themselves provide features, functionalities or content within or via the Search Application, may receive/collect information about you, including engagement with certain Search Application functionality, the queries you submit via the applicable Search Application, or associated functionality and/or Web Site, the version of the Search Application you are using, your browser settings, as well as the search results and ads you click on and the address of the web pages you previously visited.

  The software developed by AD BUSINESS CROWN SOLUTIONS, SL does tracks and maintains theuser's browsing habits in the computer where it is installed. It collects the following information: surfing IP, type of search engine, operating system, geographic location, URLs, page titles, etc. During this data collection, it is possible that personal data may be collected regarding the user's browsing habits and the web pages visited.

  With this information, AD BUSINESS CROWN SOLUTIONS, SL will not be able to identify the user; but will be able to use the data, in the measure that it may allow it, to fulfil the aims and goals for which the user installed the component. With the same end, AD BUSINESS CROWN SOLUTIONS, SL will try to provide those commercial communications from third parties which may have the user's personal data and previous authorization. With this aim, an algorithm will be used to encrypt, in an unintelligible way, any information collected which, compared with the information from these third parties, may allow to elaborate more effective adverts addressed in accordance with the computer user's preferences.The details about privacy policy may be found in Privacy Policy and cookies.

    6. Access and Interference

  You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of the Search Application, Web Sites or Services, except to disable or remove our Search Application from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our Search Application. We reserve the right to investigate occurrences which may involve such violations, and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.

    7. Disclaimer of Warranty

  The User takes responsibility, guarantees and accepts that:

  i. The User has read and agreed to the technical conditions required to install the Search Application

  ii. Restrictions of use: the User agrees not to use either the Software nor the Component: (i) for non-private or non-personal ends; (ii) to slander or libel, insult, denigrate, attack, threaten and, under no circumstance, to infringe the rights of any person or user; (iii) to communicate, treat or use in any other way any information or content which may infringe the rights of third parties, for example, because of being defamatory, aggressive, obscene, pornographic, offensive, violent or prone to incite racist or xenophobic violence or for being somehow illegal or because it breaches intellectual or industrial copyrights laws, including all patents, commercial brands, author's copyrights, registered trademark, image rights or private rights.

  iii. AD BUSINESS CROWN SOLUTIONS, SL is not responsible for the misuse that the User may make of the Software are made.

  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

    8. Termination

  You may terminate this Agreement at any time by uninstalling and destroying all copies of the Search Application in your possession or control.

  If, at any time, you are not in compliance with this Agreement, we reserve the right to terminate your access to the Web Sites and Services through the Search Application. Further, we may discontinue or alter any aspect of the Services, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Services, at our sole discretion and without prior notice or liability. We may also, in our sole discretion, terminate your use of the some or all of the Services, and disable your use of the Search Application, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these license terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to any of the Services.

    9. Limitation of Liability

  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR THE INABILITY TO USE THE SEARCH APPLICATION.

    10. Notice to Government End Users

  AD BUSINESS CROWN SOLUTIONS, SL strictly respects the current legislation regarding data protection and particularly, the Directive 95/46/EC for Personal Data Protection and the rules and regulations that it comprises, adopting, on that regard, the technical and organizational measures deemed necessary to avoid the loss, misuse, alteration, non-authorized access and theft of the personal data provided, in this case, through the Web, taking into consideration the state of the technology, the nature of the data and the risks to which they may be exposed.

    11. Applicable Law

  The present General Conditions will be ruled by Spanish law. The Provider and the Users, defer to the Statute law to which they may be subject and submit to the jurisdiction of the Court and Tribunal of the city of Madrid (Capital) for any litigation which may be derived from the use of the Web-site and its Contents.

    12. Severability

  If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
    13. Limitation of Actions Brought Against Us; No Waiver

  You agree that any claim or cause of action arising out of your use of the Search Application, software, the Website, related Services, or this Agreement, including any terms of service/use or privacy policies applicable to the Website, must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Our failure to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
    14. Customer Concerns

  If you encounter any problem with the Search Application, or would like to send us your feedback, our Customer Service may be reached at contacto@cyclon<a href="http://-media.com">-media.com</a>

  Revised: August 31, 2015


text:
  Текст соглашения доступен по адресу <a href="http://friday.ru/legal">http://friday.ru/legal</a>

  Условия ограниченного использовании материалов, размещенных в данном дополнении и на сайте Телеканала ПЯТНИЦА.

  Уважаемый пользователь, пожалуйста, внимательно ознакомьтесь с изложенными ниже Условиями перед тем, как использовать ресурсы сайта <a href="http://friday.ru">friday.ru</a>.

  1. Общие положения

  1.1. Сайт <a href="http://friday.ru">friday.ru</a> целиком и полностью принадлежит и контролируется Телеканалом ПЯТНИЦА! (далее — ПЯТНИЦА).
  Используя ресурсы данной страницы вы, тем самым, подтверждаете, что принимаете обязательства, установленные настоящими Условиями для всех пользователей данного сайта.
  Если вы считаете, что изложенные ниже Условия являются для вас по тем или иным причинам неприемлемыми, вы можете не использовать данный сайт.

  1.2. ПЯТНИЦА! сохраняет за собой безусловное право обновлять, дополнять, либо иным образом изменять настоящие Условия в любое время. Такие изменения вступают в силу незамедлительно с момента опубликования на данном сайте и являются обязательными для всех пользователей материалов, размещенных на сайте.
  Пожалуйста, регулярно проверяйте Условия на предмет обновления. В каждом случае, обращение пользователя к ресурсам данного сайта будет рассматриваться ПЯТНИЦА! как признание пользователем существующих на настоящий момент Условий.

  1.3. ПЯТНИЦА!, получая личную информацию при регистрации пользователя, сообщает, что ни при каких условиях, кроме случаев предусмотренных законом и по решению суда, не будет предоставлять третьим лицам полученную информацию. Такая информация не будет использована для несанкционированной почтовой рассылки, рекламы и иных материалов, за исключением случаев, когда пользователь, предоставивший такую информацию, самостоятельно подтвердит свое намерение получать такую информацию.

   К вашему сведению, дата последнего обновления данных Условий — 11 декабря 2015 года.

  2. Интеллектуальная собственность

  2.1. Все права на все размещенные на сайте материалы, как то: дизайн, тексты, фотографии, рисунки, иллюстрации, аудиоклипы, видеоклипы, графические элементы и другие объекты авторского права и смежных прав, а также товарные знаки и знаки обслуживания, наименования мест происхождения товаров и пр., принадлежат ООО «Телеканал ПЯТНИЦА!» (подразделение группы компаний «ГПМРТВ»), ее дочерним и афиллированным структурам, правопреемникам и иным законным владельцам и охраняются в соответствии с нормами российского, а также международного законодательства об авторском праве, товарных знаках и иным применимым законодательством.

  2.2. Официальный логотип ПЯТНИЦА! (далее — Логотип) является зарегистрированным товарным знаком ООО «Телеканал ПЯТНИЦА!» права на который защищены соответствующими нормами законодательства.
  Использование Логотипа в любой форме допускается только при наличии письменного разрешения ПЯТНИЦЫ.
  Любое несанкционированное использование Логотипа, нарушающее настоящие Условия, может рассматриваться ПЯТНИЦЕЙ как повод для привлечения нарушителя к гражданской и уголовной ответственности в соответствии с нормами законодательства, применимого в каждом случае нарушения.

  2.3. Настоящим ПЯТНИЦА передает пользователю неисключительное, не подлежащее переуступке и передаче третьим лицам право использовать материалы для личного, некоммерческого использования при условии соблюдения пользователем требований соответствующего законодательства и настоящих Условий.
  Пользователь обязуется не осуществлять копирование, воспроизведение, модификацию, заимствование материалов для создания самостоятельных произведений, опубликование, распространение, вещание и передачу третьим лицам материалов каким бы то ни было способом, включая распространение материалов в сети Интернет через сайты третьих лиц, без получения соответствующего письменного разрешения от ПЯТНИЦЫ.

  2.4. Любое несанкционированное использование материалов, нарушающее настоящие Условия может рассматриваться ПЯТНИЦЕЙ как повод для привлечения пользователя к гражданской и уголовной ответственности в соответствии с нормами законодательства, применимого в каждом случае нарушения.

  2.5. Ознакомившись с настоящими Условиями и воспользовавшись ресурсами сайта ПЯТНИЦА, пользователь осознает и принимает возможность наступления ответственности, предусмотренной настоящими Условиями.


text:
  <strong>FireEye iSIGHT End User License Agreement</strong>
  <blockquote><strong>IMPORTANT NOTE:</strong>  PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE USING ANY FireEye iSIGHT PRODUCTS.  THE INDIVIDUAL OR ENTITY (“CUSTOMER”) WHO USES ANY FIREEYE iSIGHT PRODUCTS OR WHO DOWNLOADS, INSTALLS AND/OR USES ANY ACCESS METHOD AGREES TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA.  IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, THEN CUSTOMER MUST NOT USE ANY FIREEYE iSIGHT PRODUCTS OR ACCESS METHODS.  PLEASE CONTACT FIREEYE (“FireEye”) WITH ANY QUESTIONS.</blockquote>
                                                                     <strong>RECITALS</strong>

  <strong>WHEREAS</strong>, FireEye is in the business of cyber threat intelligence and offers subscriptions to its FireEye iSIGHT products;

  <strong>WHEREAS</strong>, Customer is an individual or entity, or an agent or representative of an individual or entity, who has contracted with FireEye for a subscription to FireEye iSIGHT products (the “Subscription”);

  <strong>WHEREAS</strong>, FireEye currently offers various methods to access the Subscription and may develop new methods to access the Subscription;

  <strong>WHEREAS</strong>, Customer is not required to purchase and/or use all methods by which it could access the Subscription;

  <strong>WHEREAS</strong>, this EULA defines the terms and conditions of Customer’s use of the Subscription and use of the methods to access the Subscription.

                                                       <strong>DEFINITIONS</strong>

  <strong>“Access Method(s)” or “Access Methods”</strong> means the iSIGHT MySIGHT Portal (“MySIGHT”), Software Development Kit (“SDK”), Application Programming Interface (“API”), Browser Plugin, iSIGHT App for Splunk, or any other method provided by FireEye for Customer to access the Subscription, individually or collectively.

  <strong>“Application Programming Interface” or “API”</strong> means the latest version of the iSIGHT Application Programming Interface software developed by FireEye, with its Developer’s Guide and other related material ( <a href="http://www.isightpartners.com/doc/sdk-bp-docs/#/">http://www.isightpartners.com/doc/sdk-bp-docs/#/</a> ).

  <strong>“Application”</strong> is a software program designed to access the Content which the Customer creates, or causes to have created on its behalf, that includes the features of the SDK/API but adds significant functionality besides that provided by the SDK/API.

  <strong>“Browser Plugin”</strong> means the FireEye iSIGHT Browser Plugin which a Customer may install on Firefox and/or other commercially available and supported browsers that allows the Customer to access and view the Content when licensed to do so.  The Browser Plugin displays the FireEye logo and links to MySIGHT.  The Browser Plugin includes the latest version of the Browser Plugin software, its documentation and any html embedded code.

  <strong>“Confidential Information”</strong> is defined in Section 15.

  <strong>“Content”</strong> means the cyber threat intelligence data and any reports, threat indicators, trends, events, information, documentation or functionality provided in connection with the Subscription.

  <strong>“Derivative Work(s)”</strong> are a customer-developed work that uses FireEye products, services, ideas, inventions, research, methods, or other information in any form or manner.  To qualify as a Derivative Work, the work must contain a substantial amount of new material different from the FireEye Content and may contain only a minimal amount of the FireEye Content, whether, static images, referenced source material, quoted excerpts or conversations, video, written text, or other material taken from FireEye.  For clarity, this definition does not apply to client created software solutions resulting from the use of the licensed Software Development Kit.

  <strong>“End User”</strong> means the Customer and the Customer’s employees, officers, directors, agents, representatives, contract labor or a Managed Security Service Provider (MSSP) directly hired to support the Customer’s information systems and security.who are granted access to the Subscription for internal use only, regardless of the Access Method, under the terms of this EULA.

  <strong>“FireEye iSIGHT Products”</strong> includes but is not limited to, Cyber Crime, Cyber Espionage, Critical Infrastructure, Enterprise, Hacktivism, Vulnerability and Exploitation, MySIGHT Portal, Global Response, Analyst Access, SDK, API, Research Reports, or the current offering(s) as listed on the FireEye Webpage.

  <strong>“Order(s)”</strong> means the Customer’s purchase order(s), statement(s) of work, the FireEye order form(s), or any other agreement that contains the term, fee amount, and specific terms of the purchase duly executed between the two parties.

  <strong>“Proprietary Information”</strong> is defined in Section 11.

  <strong>“Service Level Agreement”</strong> means the written agreement pursuant to which FireEye provides the Subscription and the Access Methods

  <strong>“Software Development Kit” or “SDK”</strong> shall mean the latest version of the iSIGHT Software Development Kit and any associated documentation, tools, libraries, technical notes, software code, or other materials.

  <strong>“Term”</strong> means the period equal to Customer’s current Subscription period for the FireEye iSIGHT Products, during which the Customer remains in good standing with FireEye.

  <strong>iSIGHT App for Splunk”</strong> means the application which a Customer may install on Splunk that allows the Customer to access and view the Content when licensed to do so.  The iSIGHT App for Splunk includes the latest version of the iSIGHT App for Splunk software, its documentation and any html embedded code.

  <ol><li><strong>Grant of Limited License.</strong>  During the Term, FireEye grants to Customer in strict accordance with the terms of this EULA, a limited, worldwide, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable royalty-free right and license to:
          <ol><li>	use MySIGHT, the Subscription, and any Content provided by FireEye for internal use only.  The Subscription can be used by the Customer’s End Users who have a valid "need to know" within Customer’s organization, typically defined as a person or group that has a direct role in securing information system or networks. Customer can provide access to the Content under this license to third-party information security providers for the sole and exclusive purpose of aiding in the Customer’s information security activities during the term of the Subscription.  FireEye agrees to provide support for the Subscription in accordance with the latest version of the iSIGHT Service Level Agreement.  </li><li>	 use the Application Programming Interface (“API”) to search, display, and otherwise access the Content.  The API can be used to develop, display, or integrate applications, scripts, tools or workflows that interoperate with FireEye iSIGHT Products for the Customer’s internal use.  FireEye agrees to provide support for the latest version of the API in accordance with the latest version of the iSIGHT Service Level Agreement. </li> <li> download, install and use the Software Development Kit (“SDK”) to design, develop and test an Application(s), for the Customer’s internal use only, for the purpose of customized access to the Content.  The Customer may modify the source code versions of sample files, if any, included with the SDK for the purpose of creating Customer’s Application(s) and make a reasonable number of copies of the SDK as necessary to develop Customer’s Application(s), provided that Customer reproduces complete copies of the SDK, including without limitation all "read me" files, copyright notices, and other legal notices and terms.  FireEye agrees to provide support for the iSIGHT SDK in accordance with the latest version of the Service Level Agreement.  Support services do not include FireEye performing custom programming services, on-site support, including installation of hardware or any software or training.</li><li>	use the Browser Plugin to search, display and otherwise access the Content for the Customer’s internal use only.  This EULA allows Customer to install and use one copy of the Browser Plugin on a single computer per license.  FireEye agrees to provide support for the latest version of the Browser Plugin in accordance the Service Level Agreement.</li><li>	use the iSIGHT App for Splunk to search, display and otherwise access the Content for the Customer’s internal use only.  This EULA allows Customer to install and use one copy of the iSIGHT App for Splunk on a single computer per license.  FireEye agrees to provide support for the latest version of the App for Splunk in accordance the Service Level Agreement.</li></ol></li><li>	<strong>Access Keys.</strong>  Use of the Access Methods and access to the Subscription and the Content by Customer’s End Users is provided through access keys or login credentials. Access keys in association with the Access Methods and Subscription shall be kept in confidence by Customer and Customer’s End Users. Access keys will be issued to individual End Users by FireEye in accordance with each particular Access Method’s parameters and will not be shared between End Users. Group accounts will not be established. Any unauthorized disclosure or dissemination of access keys by Customer or Customer’s End Users shall be deemed a material breach of this EULA and shall be a basis for potential termination of the Subscription and/or Access Methods if not rectified upon notification. Customer shall inform FireEye of any data breach concerning login credentials in a timely manner.  FireEye reserves the right to change, suspend, remove, or disable Customer’s access keys to the Access Methods, Subscription, and Content upon notice if a material breach is suspected and not rectified upon notification.</li><li>	<strong>Latest Version.</strong>  The license granted to Customer under this EULA is for the current version of the Access Methods.   FireEye may release future versions of the Access Methods as determined in the sole discretion of FireEye.  Nothing in this EULA is a commitment to Customer of compatibility between the existing Access Methods and any future versions of the Access Methods.  FireEye reserves the right to discontinue offering particular Access Methods (or any updates thereto) or to modify the Access Methods at any time in its sole discretion.</li><li>	<strong>Multiple Copies.</strong>  Customer may receive software for an Access Method in more than one medium and/or in multiple copies.  The Customer’s license rights are in accordance with the Order regardless of the number of copies received.</li><li>	<strong>Additional Licenses.</strong>  Customer may purchase additional licenses for the Browser Plugin for its authorized End Users through the Firefox add-on Store <a href="https://addons.mozilla.org/en-US/firefox/addon/isight-threatscape-extension/">(https://addons.mozilla.org/en-US/firefox/addon/isight-threatscape-extension).</a> Customer may purchase additional licenses for the iSIGHT App for Splunk for its authorized End Users through Splunk <a href="https://splunkbase.splunk.com/apps/#/page/1/type/app/order/latest">(https://apps.splunk.com/apps/#/type/app/page/1).</a>  Additional licenses for the Browser Plugin and iSIGHT App for Splunk may be purchased and will be for the current Term as provided in the Order.</li> <li>	<strong>Intellectual Property Rights.</strong>  FireEye retains all ownership rights (including copyrights, other intellectual property rights, any adaptations, modifications, translations, Derivative Works or copies) to the Subscription, Access Methods, and Content, in any form, revision or version (the “Intellectual Property”), and Customer obtains only such rights as are explicitly granted in this EULA.  Nothing in this EULA shall be construed to convey any title or ownership rights in any Intellectual Property to Customer.  No right in or license to use any of FireEye trademarks, logos, trade name or service marks is granted to Customer.  Customer agrees not to remove any copyright notice or other similar legend from any Content within the Subscription.  All rights not expressly granted in this EULA to Customer are reserved by FireEye.  </li><li>	<strong>Customer Application.</strong>  The Customer may allow Customer’s employees, consultants or other third-party developers (“Developer”) to access and use the SDK/API on Customer’s behalf to design an Application, provided that Customer shall be responsible for ensuring that Customer’s Developer complies with this EULA.  The Customer may not rent, lease, sell, transfer, sublicense or time-share the Customer’s Application to any third-party without the express consent of FireEye.   Customer shall retain all right, title or interest in the Application and as such, Customer agrees to indemnify and hold harmless FireEye for any claims of infringement made against FireEye in accordance with Section 17 below.  The Customer’s Application(s) must perform in accordance with the terms of this EULA and must ensure the security and confidentiality of Proprietary Information.  Customer assumes full responsibility for any breach of security caused by Customer’s Application(s) in connection with the Content, API, SDK, and specifically to any unauthorized disclosure of any FireEye Intellectual Property or Proprietary Information.</li><li>	<strong>Content Modifications.</strong>  Customer may access the Content from the MySIGHT Portal, via email, SMS, HTML, API, any other Access Methods as officially distributed by FireEye or an FireEye sanctioned third-party integration. FireEye reserves the right to modify, amend, augment, reduce or alter the Content’s format, or Access Methods, or mode of retrieval of the Content, that in the sole judgment of FireEye is in its customer’s best interests. Customer will be entitled to retrieve the Content with any updates, modifications, additions or changes in the Content. These changes may require Customer to upgrade its systems, hardware or software and FireEye will not be responsible for the costs of any such changes.</li><li>	<strong>Data Integrity.</strong>  FireEye shall use every reasonable effort to ensure the accuracy and correctness of the Content.  If Customer notifies FireEye that the Content is in some way defective, or if FireEye becomes aware that the Content is defective, FireEye will evaluate the deficiency and, as necessary, use commercially reasonable efforts to correct such defect and repost the Content. The sole obligation of FireEye to Customer or any third-party is to repost the Content if a deficiency is found. </li><li>	<strong>Proprietary Information.</strong> From time to time, Customer End Users may discuss with FireEye issues and developments related to the Subscription, the Access Methods, and the Content.  Customer and End Users may also receive or be exposed to FireEye’s confidential, proprietary information (“Proprietary Information”), which includes all finished and raw cyber threat intelligence products. Customer agrees to maintain and protect the confidentiality of the Proprietary Information and agrees not to disclose the Proprietary Information or use it for any purpose not expressly authorized by this EULA. Customer agrees to adopt commercially reasonable safeguards to protect the confidentiality of the Proprietary Information. The restrictions on disclosure set forth in this section will not apply when, and to the extent that Proprietary Information (a) is publicly known at the time of a proposed disclosure without a breach of this EULA, (b) is provided on a non-confidential basis by a third-party that is not itself under any confidentiality obligation with respect to the Proprietary Information, (c) is previously known by Customer free of any obligation to keep it confidential, or (d) is independently developed by Customer without use of or reference to the Proprietary Information.  Customer will promptly notify FireEye if it becomes aware of any apparent violation of the confidentiality requirements set forth in this section.</li><li>	<strong>Prohibited Usage.</strong>  Customer and End Users must adhere to any Intellectual Property rights asserted in any materials contained in the Content.  The following conduct and usage restrictions apply during Customer’s download, installation, and use of the Content and/or Access Methods.   Customer and its authorized End Users may not:<ol><li>	Rent, lease, lend, sell, redistribute or sublicense any part of the Subscription or Access Methods to any other party;</li><li>	Share the Subscription, Access Methods, Content or Proprietary Information with any third-parties, except as expressly authorized in advanced by this EULA or by FireEye in writing;</li><li>	Use the Subscription or Access Methods in the operation of a service or in any way to provide services to any third-party not covered in the license or specified between the parties in writing;</li><li>	Create Derivative Works for external distribution or use based upon the Content, unless agreed to in writing by FireEye;</li><li>	Create apps, extensions, or other products and services that use our Content except for licensed use;</li><li>	Display, post, frame, or scrape the Content for use on another web site, app, blog, product or service, except as otherwise expressly permitted by this EULA;</li><li>	Use the Access Methods for any other purpose than to access the FireEye iSIGHT Products and the Content without prior written consent from FireEye;</li><li>	Use the Access Methods for any illegal or unauthorized purpose to promote or provide instructional information about illegal activities or to promote stalking, physical harm or injury against any group or individual, or any use that violates the rights of privacy and publicity of others; </li><li>	Create, place, or disseminate any materials or other items that are inappropriate, defamatory, obscene, pornographic, harassing, threatening, abusive, hateful or otherwise offensive, or is unlawful (including any content that infringes any patent, trademark, service mark, copyright, trade secret or other proprietary right of any third-party without appropriate permissions); </li><li>	Transmit any viruses, worms, defects, Trojan horses, time-bombs, malware, spyware, or any other computer code of a destructive or interruptive nature in connection with use of the Access Methods;</li><li>	Use the Access Methods in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, unsolicited mass distribution of email ("spam"), hacking, surveillance, interception, descrambling equipment, stolen products and items used for theft;</li><li>	Create any Application that exposes or provides functionality of the Access Methods to a non-licensed end user;</li><li>	Charge any fees or require payment for use of or access to Access Methods or the Content, even if such use or access is offered as part of a bundle of services being offered by Customer unless expressly agreed to in writing between the parties; </li><li>	Interfere, restrict or inhibit any other Customer from using the Access Methods or Content or disrupt any services offered by FireEye through any medium;</li><li>	Attempt to exceed or exceed the usage limits established by FireEye for the Customer <a href="http://www.isightpartners.com/doc/sdk-bp-docs/#/rate_limiting">(http://www.isightpartners.com/doc/sdk-bp-docs/#/rate_limiting).</a></li></ol></li><li>	<strong>Restrictions.</strong>  FireEye expressly reserves the right to limit the number and/or frequency of requests for Content made through the Access Methods in its sole discretion in line with technical design and performance standards as documented in the publicly available developers guide.  iSIGHT may limit the number of network calls that any Application may make via the Access Methods, the maximum file size, or the maximum amount of iSIGHT material that may be accessed. FireEye may change such usage limitations at any time and without notice. In addition to any other rights under this EULA, FireEye may utilize technical measures to prevent over usage or to stop usage of any Access Methods or any Application after any usage limitations are exceeded.  API/SDK documentation and developers guide can be found at <a href="http://www.isightpartners.com/doc/sdk-bp-docs/#/">http://www.isightpartners.com/doc/sdk-bp-docs/#/ </a>and details the current rates and capabilities of the API.</li><li>	<strong>Limited Warranty.</strong> FireEye DOES NOT WARRANT THAT USE OF THE SUBSCRIPTION, CONTENT AND/OR ANY ACCESS METHOD WILL BE UNINTERRUPTED OR THAT THE IMPLEMENTATION OF THE SUBSCRIPTION, CONTENT AND/OR ANY ACCESS METHOD WILL BE ERROR-FREE OR SECURE, AND FireEye HEREBY DISCLAIMS ANY AND ALL LIABILITY THEREOF.  FireEye WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SUBSCRIPTION, CONTENT, AND ACCESS METHODS IN ACCORDANCE WITH THE ORDER(S).  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUBSCRIPTION, CONTENT, AND ACCESS METHODS ARE PROVIDED “AS IS” AND FireEye ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SUBSCRIPTION, CONTENT, OR ACCESS METHODS.  THE SUBSCRIPTION, CONTENT AND ACCESS METHODS ARE SUBJECT TO CHANGE WITHOUT NOTICE. USE OF THE CONTENT AND/OR ACCESS METHODS IS AT CUSTOMER’S SOLE RISK.  FireEye DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SUBSCRIPTION, CONTENT AND/OR ANY ACCESS METHOD, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.</li><li>	<strong>Confidential Information, Access Data, and Aggregate Data.</strong> <ol><li>	Customer may provide information to FireEye that Customer considers confidential.  Customer agrees to clearly mark and designate any such information as “CONFIDENTIAL” (properly designated information shall be referred to as “Confidential Information”).  FireEye agrees to maintain and protect the confidentiality of the Confidential Information and agrees not to disclose or use the Confidential Information for any purpose other than for providing services to Customer related to the Subscription, Content, and/or Access Methods.  The restrictions on disclosure set forth in this section will not apply when, and to the extent that Confidential Information (a) is publicly known at the time of a proposed disclosure without a breach of this EULA, (b) is provided on a non-confidential basis by a third-party that is not itself under any confidentiality obligation with respect to the information, (c) is previously known by FireEye free of any obligation to keep it confidential, or (d) is independently developed by FireEye without use of or reference to the Confidential Information.  FireEye will promptly notify Customer if it becomes aware of any apparent violation of the confidentiality requirements set forth in this section.  FireEye agrees to return or destroy Confidential Information upon Customer’s written request.  Unless specifically instructed by Customer to destroy or return the Confidential Information, or to retain the Confidential Information for a longer period of time, FireEye will retain Confidential Information in its possession for three (3) years after the termination of Customer’s business relationship with FireEye, at which time the Confidential Information will be destroyed. </li>  <li>	Customer recognizes and agrees that certain information and data that will be provided by Customer to iSIGHT pursuant to this EULA is not owned by Customer and is not Confidential Information subject to designation as set forth in Section 15(a).  Malware submitted by Customer to FireEye for analysis under iSIGHT Global Response, and other information submitted by Customer to FireEye that is not unique to and/or developed by Customer (collectively “Submissions”) shall not be considered Confidential Information.  FireEye may use the Submissions, aggregate the Submissions with submissions from other FireEye customers as well as original research and analysis, and share that aggregated intelligence with Customer and with other FireEye customers to enhance the services FireEye provides to its customers.  FireEye will make every reasonable effort to ensure that the source of the Submission as well as victim identification is not disclosed. </li></ol></li><li>	<strong>Compliance.</strong>  Customer shall enforce the provisions of this EULA and shall adequately monitor and audit compliance of its End Users. </li> <li>	<strong>Indemnification.</strong>  To the fullest extent permitted by law, Customer shall indemnify, defend, and hold harmless FireEye, its service providers, licensors and customers, and their respective officers, directors, employees, agents, successors and assigns, and any individuals (collectively, the “Indemnified Parties”), from any and all losses, liabilities, damages and claims, and all related costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties), arising from or in connection with allegations of: (a) Customer’s illegal or negligent use of the Subscription, Content, and/or Access Methods which may result in damage to third parties, including but not limited to redistribution of the Content and/or Derivative Works and their use by End Users; and/or (b) Customer’s infringement of a patent, copyright, or trade secret through a Derivative Work and/or Application (the “Indemnified Matters”).  Customer shall not settle any Indemnified Matters without prior written consent from FireEye if such settlement would be adverse to FireEye or its interest. The Indemnified Parties shall have the right to choose their own attorneys to represent them in connection with any Indemnified Matters.  Upon the Customer’s receipt of a demand letter relating to any Indemnified Matters, Customer shall provide a copy of the letter to FireEye and shall pay to the Indemnified Parties’ attorneys a retainer.  Customer shall pay the Indemnified Parties’ attorneys’ invoices, including fees and expenses, on a monthly basis or as otherwise agreed by the Indemnified Parties’ attorneys.  <strong>Customer’s obligations under this Section 17 shall apply regardless of any negligence on the part of the Indemnified Parties. </strong></li> <li>	<strong>Limitation of Liability.</strong>  NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, EXCEPT FOR BREACHES OF SECTION 7 – INTELLECTUAL PROPERTY RIGHTS AND/OR SECTION 11 – PROPRIETARY INFORMATION, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY AMOUNT GREATER THAN THE TOTAL AMOUNT PAID BY CUSTOMER TO FireEye FOR ALL PRODUCTS AND SERVICES FOR ONE YEAR OF THE TERM, WHETHER BASED IN CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY LOSS OF THE INCOME, PROFIT OR SAVINGS OF THE OTHER PARTY OR ITS AFFILIATES; (II) FOR ANY CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES OF ANY KIND, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (III) FOR ANY ERRORS CONTAINED IN THE SUBSCRIPTION, CONTENT, OR ACCESS METHODS; OR (IV) FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THE SUBSCRIPTION, CONTENT, OR ACCESS METHODS.  THIS LIMITATION OF EACH PARTY’S LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.</li><li>	<strong>Infringement.</strong>   FireEye shall indemnify and hold harmless Customer, its subsidiaries and affiliates, their respective directors, officers, employees, customers, agents, attorneys, affiliates, successors, and assigns from any and all claims, losses, liabilities, damages, suits, actions, government procedures, taxes, penalties or interest, associated auditing and legal expenses and other costs incurred by Customer (including reasonable attorneys’ fees and costs of suit) arising from any action brought against Customer that is based on a claim that the Subscription, Content, or Access Methods, when used within the scope of this EULA, infringes a patent, copyright, or trade secret, unless such alleged infringement is caused by modification to the Subscription, Content, or Access Methods by any party other than FireEye and the alleged infringement is caused by such modification.  In such event, Customer shall give FireEye prompt written notice of any claim and FireEye shall have sole control of the defense, settlement or compromise.  Customer may elect to participate in any such action with an attorney of its own choice at its own expense.  Should the Subscription, Content, or any Access Method become, or in the opinion of FireEye, is likely to become, the subject of a claim of infringement, FireEye may at its option (a) procure for Customer the right to continue using the Subscription, Content, or Access Method, (b) replace or modify the Subscription, Content, or Access Method to make it non-infringing, or (c) terminate the EULA.  Upon termination of the EULA under this Section 19, FireEye will refund to Customer, as FireEye’s sole liability and Customer’s sole remedy, the fixed fee paid by Customer according to the Order(s) less an amount equal to one twelfth of such fee for each month that has elapsed since the Effective Date.</li><li>	<strong>Payment.</strong>  Customer agrees to pay the fees and any other charges incurred in connection with the Subscription and Access Methods (including any applicable taxes) at the rates in effect when the charges were incurred. If Customer’s use of the Subscription and Access Methods includes access to premium content or services, Customer access to such areas may be subject to additional fees, terms and conditions.  Fees will be billed at the beginning of Customer’s Subscription and/or use of the Access Methods and payment is due net thirty (30) days from the applicable start date. FireEye may change fees for the next Term by providing notice to Customer at least thirty (30) days prior to the effective date of the change in fees. Customer is responsible for any fees or charges incurred to access the Subscription and Access Methods provided through a third-party provider. Customer shall not disclose the negotiated pricing or terms of this, or any Order, to any third-party.  Past due balances on the amounts due to FireEye pursuant to this EULA will be subject to an interest charge of one and one-half percent (1-1/2%) per month or the maximum interest rate permitted by applicable law (whichever is less), computed from the due date of such payment and FireEye retains the right to suspend or terminate the Subscription and/or Access Method upon notice to cure due to any delinquency of payment to Customer and Customer does not correct the delinquency within ten (10) days then FireEye may suspend or terminate the Subscription and/or Access Method. </li><li>	<strong>Termination.</strong> FireEye may terminate this EULA immediately in the event of a violation of any of the following sections:  3 – Access Keys; 7 – Intellectual Property Rights; 11 – Proprietary Information; or 12 – Prohibited Usage.  This EULA may be terminated upon thirty (30) days’ prior written notice, provided the basis for such termination is a material failure by the other party to perform its obligations hereunder and such failure is not corrected within the thirty (30) days’ notice period.   All subscription fees are non-refundable and therefore in the event of Termination no refund will be due, except as provided in Section 19. Upon termination of this EULA for any reason, Customer agrees that Customer and Customer’s End Users will not exercise the rights granted under this EULA from and after termination of this EULA.</li><li>	<strong>Survival.</strong> The rights and obligations contained in the following sections will survive any termination or expiration of this EULA:  3 – Access Keys; 7 – Intellectual Property Rights; 11 – Proprietary Information; 12 – Prohibited Usage; 14 – Limited Warranty; 16 – Indemnification; 17 – Limitation of Liability; 18 – Infringement; 21 – Survival; and, 28 – Governing Law.</li><li>	<strong>Notices.</strong> Any notices, requests and other communications required or permitted by this EULA shall be in writing and shall be delivered as follows with notice deemed given as indicated: (a) by personal delivery when delivered personally; (b) by overnight courier upon written verification of receipt; (c) by telecopy or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses set forth below or such other address as either party may specify in writing by notice as provided by this section.</li><li>	<strong>Publicity.</strong> Neither party will make any public statement, including but not limited to any press releases, regarding the terms of this EULA, or any aspect thereof or the relationship of the parties without the other party’s prior written approval which may be withheld in such other party’s sole discretion; provided that to the extent such disclosure is required by law, rule, regulation, or governmental or court order, the party requesting disclosure will furnish the other party with sufficient time to address such request with any such governmental agency and seek confidential treatment and such disclosure will not be a breach of this EULA.  Nothing herein will require either party to approve the issuance of a public statement or obligate a party to participate in any public statement. </li><li>	<strong>Export.</strong>  Customer agrees not to export, directly or indirectly, any U.S. source technical data acquired from FireEye or any products utilizing such data to countries outside the United States, which export may be in violation of the United States export laws or regulations.</li><li>	<strong>Assignment.</strong>   FireEye may assign its rights and delegate its duties and obligations hereunder upon written notice to Customer. Customer may not assign any of Customer’s rights nor delegate any of Customer’s duties or obligations hereunder without the prior written consent of FireEye.</li><li>	<strong>Compliance with Laws.</strong>  Without limiting any other provision of this EULA, each party shall be solely responsible for its own compliance with all applicable laws and regulations (whether federal, state, or local), but in no event shall a party be responsible for such compliance by the other party.</li><li>	<strong>Governing Law.</strong> This EULA shall be governed in all respects by the laws of the United States of America and by the laws of the State of Texas, without respect to its conflicts of laws principles.  Any action or proceeding related to this EULA shall be brought only in, and the parties hereby expressly consent to the personal jurisdiction of, the federal and state courts located in Dallas County, Texas.</li><li>	<strong>Severability.</strong> In case any one or more of the provisions contained in this EULA shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or un-enforceability shall not affect the other provisions of this EULA, and this EULA shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.  If any one or more of the provisions contained in this EULA shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law, as it shall then appear.</li><li>	<strong>Force Majeure.</strong>  Neither party will not be liable for any loss, damage or delay resulting from any event beyond the party’s reasonable control (“Force Majeure”) and delivery and performance dates will be extended to the extent of any delays resulting from a Force Majeure.  A party will promptly notify the other party upon becoming aware that any Force Majeure has occurred or is likely to occur and will use its best efforts to minimize any resulting delay in or interference with the performance of its obligations under this EULA.</li><li>	<strong>Waiver.</strong> Any act or omission by a party with respect to a breach of any provision of this EULA by the other party shall not operate or be construed as a waiver of any other or subsequent or preceding breach by the other party.  No waiver by a party of any right under this EULA shall be construed as a waiver of any other right. </li><li>	<strong>U.S. Government.</strong>  If Customer is part of the U.S. Government, or any contractor therefore, Customer will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227.7202 3 (for the Department of Defense).  The Access Methods, Subscription and its Content are a “Commercial Item” as defined at 48 C.F.R. Section 2.101 and is licensed to U.S. Government End Users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the commercial terms and conditions herein.</li><li>	<strong>Authorized Resellers.</strong> FireEye authorized resellers do not have the right to make modifications to this EULA or to make any additional representations, commitments, or warranties binding on iSIGHT.</li><li>	<strong>Entire Agreement.</strong> This EULA constitutes the entire agreement between the parties relating to the use of the Subscription, Content, and Access Methods, and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This EULA may only be amended by mutual agreement of authorized representatives of the parties in writing. No modification of or amendment to this EULA, nor any waiver of any rights under this EULA, will be effective unless in writing and signed by the authorized representative of the party to be charged.  To the extent this EULA contradicts any later agreement of the parties with respect to the matters addressed herein this EULA shall control.</li></ol>


text:
  This software is free to download and use. You may not edit the code or distribute it in any way. End users agree to not selling this software or pieces of the code. It is under no way legally allowed to use this add-on for any other channel than Nexxoss Gaming on YouTube. 
  By downloading this add-on you automatically agree to this license agreement.
  Users also agree to not change the copyright part of the script in the bottom.

  (c) 2016, Stay Connected With
  <a href="http://stay-connected-with.com">stay-connected-with.com</a>


text:
  Endbenutzer-Lizenzbestimmungen für Great Dealz

  Diese Endnutzer-Lizenzbestimmungen (nachfolgend “EULA”) der Saphire Max Media Co Ltd, 244/127-128 Moo 6 Pornpraphanimitr Road, Nongprue, Banglamung, Chonburi, 20150 Thailand (nachfolgend “SMM”) gelten für die Nutzung der von SMM auf der Website <a href="http://www.great-dealz.de/">www.great-dealz.de/</a> und den Add-On Websites der unterstützen Browser bereitgestellten kostenlosen Software, dem Great Dealz-Add-On (nachfolgend “Add-On”), durch Endverbraucher (nachfolgend “Sie”).

  1 Allgemeines

  1.1 Das Add-On ermöglicht einen Zugang zu Coupons, Rabatten und Sonderangeboten, die auf den von Ihnen besuchten Websites platziert sind und auf denen das Add-On installiert und eingerichtet ist.

  1.2 Die automatische Gutscheinsuche durch das Add-On funktioniert dabei wie folgt: Wenn Sie Ihren Browser, für den das Add-On erhältlich ist, für die Suche nach Produkten auf bestimmten kommerziellen Websites, über die Produktbestellungen möglich sind, etwa des Einzelhandels, verwenden, ermöglicht das Add-on Ihrem Browser automatisch Sonderangebote und Gutscheine anzuzeigen. SMM weist darauf hin, dass nicht alle am Markt befindlichen Online-Shops und Angebote berücksichtigt werden, sondern nur die Seiten unserer Vertragspartner.

  1.3 Das Add-On generiert Links zu externen Websites und Mikrosites Dritter, auf deren Inhalte wir keinen Einfluss haben. Deshalb kann SMM für diese fremden Inhalte auch keine Gewähr übernehmen. Für die Inhalte der verlinkten Seiten ist stets der jeweilige Anbieter oder Betreiber der Seiten verantwortlich. Eine permanente inhaltliche Kontrolle der verlinkten Seiten ist SMM ohne konkrete Anhaltspunkte einer Rechtsverletzung nicht zumutbar. Bei Bekanntwerden von Rechtsverletzungen wird SMM derartige Links umgehend entfernen.

  2 Kostenfreier Download und unentgeltliche Nutzung; Nutzungsvoraussetzungen

  2.1 SMM stellt Ihnen das Add-On kostenlos zum Download auf der SMM-Website sowie auf den Add-On Websites der unterstützen Browser zur Verfügung. Eine darüber hinaus gehende Lieferverpflichtung hat SMM nicht, insbesondere stellt SMM den Quellcode (source code) nicht zur Verfügung. Updates des Add-Ons stellt SMM Ihnen ggf. über die SMM-Website und die AutoUpdate- Funktion des Add-Ons zur Verfügung. Mit dem Erscheinen einer neuen Version des Add-Ons verlieren alle bisherigen Versionen ihre Gültigkeit.

  2.2 Sie können das Add-On unentgeltlich nutzen.

  3 Nutzungsrechte und Nutzungsbeschränkungen

  3.1 SMM räumt Ihnen das nicht ausschließliche, nicht unterlizensierbare, räumlich und zeitlich unbeschränkte Recht ein, das Add-On inklusive etwaiger Updates zu nutzen. Dieses Recht umfasst die Installation des Add-Ons sowie das Laden, Anzeigen und Ablaufenlassen des installierten Add-Ons sowie das Speichern des Add-Ons im Arbeitsspeicher des Rechners, auf dem das Add-On installiert ist. Darüber hinausgehende Rechte an dem Add-On räumt SMM Ihnen nicht ein.

  3.2 Sie sind nicht berechtigt, das Add-On oder Teile hiervon über die nach Maßgabe dieser Lizenzbestimmungen erlaubte Nutzung hinaus zu nutzen oder sie Dritten zugänglich zu machen. Insbesondere ist Ihnen jegliche gewerbliche Weiterveräußerung, Vermietung, öffentliche Zugänglichmachung oder sonstige Verbreitung des Add-Ons untersagt.

  3.3 Sie sind lediglich dann berechtigt, das Add-On zu vervielfältigen, zu bearbeiten oder zu dekompilieren, wenn dies notwendig ist, um die Interoperabilität des Add-Ons mit anderen Programmen herzustellen und sofern die hierzu notwendigen Informationen nicht auf Anfrage durch SMM zugänglich gemacht werden.

  3.4 Ferner ist eine Vervielfältigung und/oder Umarbeitung des Add-Ons durch Sie ausnahmsweise zulässig, wenn sie für die Fehlerbeseitigung notwendig ist. Handelt es sich um einen Mangel, sind Sie nur dann zur Umarbeitung des Add-Ons berechtigt, wenn SMM sich mit der Beseitigung des Mangels in Verzug befindet, die Mangelbeseitigung unberechtigt ablehnt oder aus sonstigen, ihrem Verantwortungsbereich zuzurechnenden Gründen zur Mängelbeseitigung außerstande ist.

  3.5 Die bei Handlungen nach den vorstehenden Ziff. 3.3 und 3.4 gewonnenen Informationen dürfen nicht zu anderen Zwecken als zur Herstellung der Interoperabilität bzw. zur Umarbeitung des Add-Ons verwendet werden. Sie dürfen insbesondere nicht an Dritte weitergegeben werden.

  3.6 Kennzeichnungen des Add-Ons, insbesondere Urheberrechtsvermerke, Marken, Seriennummern oder ähnliches dürfen nicht entfernt, verändert oder unkenntlich gemacht werden.

  4 Ihre Mitwirkungsverpflichtungen, Freistellung

  4.1 Sie haben alle erforderlichen und zumutbaren Maßnahmen zu ergreifen, um Schäden durch das Add-On zu verhindern oder zu begrenzen. Insbesondere müssen Sie für die regelmäßige Sicherung von Programmen und Daten sorgen sowie regelmäßig ggf. von SMM angebotene Updates des Add-Ons durchführen. Sofern Sie nicht die AutoUpdate-Funktion des Add-Ons nutzen, müssen Sie durch manuelle Updates über die SMM-Website oder die Add-On Verwaltung Ihres Browsers sicherstellen, dass Sie jeweils die aktuelle und somit gültige Version des Add-Ons verwenden. Soweit Sie diese Verpflichtung schuldhaft verletzen, haftet SMM nicht für daraus entstehende Folgen, insbesondere nicht für die Wiederbeschaffung verlorener oder beschädigter Daten oder Programme.

  4.2 Sie dürfen das Add-On nicht für rechts- oder gesetzeswidrige Zwecke verwenden, insbesondere dürfen Sie darüber keine unwahren Tatsachenbehauptungen oder Beleidigungen verbreiten oder Schadsoftware versenden.

  4.3 Sie verpflichten sich, SMM von jeglichen Ansprüchen Dritter freizustellen, die aus einer Verletzung der vorgenannten Pflichten entstehen. Sie haften insoweit für sämtliche Schäden.

  5 Gewährleistung, Haftung von SMM

  5.1 Da SMM Ihnen das Add-On unentgeltlich zur Verfügung stellt, haftet SMM für Rechts- und Sachmängel nur dann, wenn SMM einen solchen Mangel arglistig verschwiegen hat (§§ 523, 524 BGB).

  5.2 Im Übrigen haftet SMM nur bei Vorsatz und grober Fahrlässigkeit sowie bei Ansprüchen nach dem Produkthaftungsgesetz und Garantieansprüchen nach den gesetzlichen Vorschriften. Darüber hinaus ist die Haftung von SMM für Schadens- und Aufwendungsersatzansprüche – gleich aus welchem Grund – ausgeschlossen, da SMM Ihnen die Software unentgeltlich zur Verfügung stellt (§ 521 BGB).

  6 Rechtsfolge bei Verletzungen dieser EULA, Pflicht zur Deinstallation

  Falls Sie gegen Ihre Pflichten aus diesen EULA verstoßen, insbesondere bei Verstoß gegen die Nutzungsbeschränkungen des Add-Ons nach Ziff. 3.2 bis 3.6 und/oder bei Verstoß gegen Ihre Mitwirkungspflichten nach Ziff. 4.1 bis 4.2, hat SMM das Recht, von Ihnen die Löschung sämtlicher Kopien des Add-Ons zu verlangen Sie werden SMM für diesen Fall auf Anforderung schriftlich (einfache E-Mail reicht) bestätigen, dass Sie keine Kopien des Add-Ons zurückbehalten haben und dass sämtliche Installationen des Add-Ons unwiderruflich von Ihren Systemen gelöscht wurden.

  7 Schlussbestimmungen

  7.1 Änderungen oder Ergänzungen dieser EULA einschließlich dieser Schriftformklausel bedürfen zu ihrer Wirksamkeit der Schriftform (einfache E-Mail reicht).

  7.2 Es findet das Recht der Bundesrepublik Deutschland unter Ausschluss des UN-Kaufrechts Anwendung.

  7.3 Ausschließlicher Gerichtsstand für alle Streitigkeiten im Zusammenhang mit diesen EULA und über ihre Wirksamkeit ist Berlin, wenn Sie Kaufmann im Sinne des Handelsgesetzbuchs, ein öffentlich-rechtliches Sondervermögen oder eine juristische Person des öffentlichen Rechts sind. SMM kann Sie jedoch auch an Ihrem allgemeinen Gerichtsstand verklagen.

  7.4 Sollten einzelne Bestimmungen dieser EULA ganz oder teilweise nichtig oder unwirksam sein oder werden, so wird dadurch die Wirksamkeit der übrigen Bestimmungen nicht berührt. An die Stelle von nicht einbezogenen oder unwirksamen Allgemeinen Geschäftsbedingungen tritt das Gesetzes-recht (§ 306 Abs. 2 BGB). Im Übrigen werden die Parteien anstelle der nichtigen oder unwirksamen Bestimmung eine wirksame Regelung treffen, die ihr wirtschaftlich möglichst nahe kommt, soweit keine ergänzende Vertragsauslegung vorrangig oder möglich ist.


text:
  End User License Agreement
   
  BEFORE INSTALLING THE TRENDINGUPNOW BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY. BY INSTALLING THE EXTENSION OR USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT INSTALL THE EXTENSION OR USE THIS WEBSITE.
   
  The terms set forth in this Agreement are conditions upon which TrendingUpNow (the “Company,” “we,” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the TrendingUpNow browser extension and this website, together with any updates or upgrades that may become available (collectively, the “Extension”). The Extension is directed for use by adults. By installing the Extension, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Extension, and that you agree to comply with all applicable laws, rules and regulations. The Company is based in the United States. The Company makes no representations that the Extension is appropriate for use in any other locations. Users who access or use the Extension outside of the United States are responsible for compliance with local laws.
   
  The Extension’s Features
   
  When you open a new tab within your browser, the Extension will display a list of terms or topics that are currently trending on the internet, as well as a search box that may be used to search the internet. The Extension delivers these features to you by changing certain browser settings automatically upon install, such as your home page and new tab settings. By installing or using the Extension, you agree to the use of your data in accordance with the Company’s Privacy Policy, which is available at <a href="http://TrendingUpNow.com/Privacy">http://TrendingUpNow.com/Privacy</a>, and which is incorporated by reference into this Agreement. If you do not want the Extension to display trending terms and a search box to you when you open a new tab, change your browser’s settings, or handle your data pursuant to this Agreement and the Privacy Policy, you should not install or use the Extension.
   
  Third Party Content and Advertising
   
  The Extension may integrate third party content (“Third Party Content”) in order to display trending topics and search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. Such Third Party Content also may include advertising, or advertising-supported search results, which will be displayed to you if you use the Extension’s search box or click on trending terms. In consideration for the Company granting you access to and use of the Extension, you agree that the Extension may display this Third-Party Content to you.
   
  When you click on or access a trending topic or link, submit search terms, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with the Company. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content. WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER. The Company does not control any Third Party Content, and you agree the Company is not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by installing or using the Extension you may be exposed to Third Party Content that you may find objectionable, offensive, or indecent and that, in this respect, you use the Extension at your own risk. If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.
   
  Disabling or Uninstalling the Extension
   
  You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. In the Google ChromeTM browser, you can disable or uninstall the Extension by visiting chrome://extensions/. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@TrendingUpNow.com. Google ChromeTM is a trademark of Google, Inc.
   
  Automatic Updates
   
  All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.
   
  License and Restrictions
   
  Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Extension at all times. Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Extension or any portion thereof.
   
  You specifically agree not to do any of the following in connection with the Extension:
   
  Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations.
  Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies.
  Use the Extension for any commercial purpose or gain whatsoever.
  Modify the Extension.
  Create any works or materials derived from the Extension.
  Harass or harm another person.
  Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful.
  Impersonate or attempt to impersonate any person or entity.
  Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights.
  Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment.
  Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Extension or any Company or third party servers, networks or accounts.
  Circumvent or modify any technology or mechanism used in connection with the Extension, including any mechanisms used to restrict access.
   
   
  Copyright Information and the Digital Millennium Copyright Act
   
  The Company respects the intellectual property rights of third parties. While using the Extension, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the “DMCA”) are taken seriously and, at the Company’s discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.
   
  If you believe that any material displayed through the Extension infringes your copyright, please send the Company’s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@TrendingUpNow.com.
   
  User-Generated Content
   
  You are responsible for all content or materials that you post, send, upload or transmit on or through the Extension (collectively, “User Content”). The Company does not control the User Content and assumes no responsibility or liability to you or any third party for User Content. The Company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content. If you become aware of any misuse of the Extension, please report this information immediately to the Company using the email address provided at the end of this Agreement. The Company reserves the right to investigate and pursue legal, equitable, and other remedies against anyone who violates this Agreement.
   
  By posting any User Content, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
   
   
  Disclaimer of Warranties
   
  YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE EXTENSION.
   
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EXTENSION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   
  IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE EXTENSION OR ANY DATA ACCESSED VIA THE EXTENSION PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.
   
  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE EXTENSION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
   
  Limitation of Liability
   
  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, EXTENSION OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE EXTENSION, (D) LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE EXTENSION, (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE EXTENSION.
   
  EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.
   
  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   
  Agreement to Pre-Dispute Notifications and Mediation
   
  This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim and the request for relief to the following email address: support@TrendingUpNow.com. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
   
  Arbitration Agreement and Class Action Waiver
   
  Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Extension shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
   
  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.
   
  If you decide to initiate arbitration, the provider will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $750 initial filing fee.
   
  This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
   
  The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.
   
  Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
   
  Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
   
  If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
   
  The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
   
  Opting Out of the Arbitration Clause and Class Action Waiver
   
  You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing the Extension, you must send a notice by email to support@TrendingUpNow.com that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.
   
  Indemnification
   
  You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Extension; (ii) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Extension.
   
  Modification of the Agreement
   
  The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any modification, you must uninstall the Extension.
   
  Governing Law
   
  This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Extension, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.
   
  Miscellaneous
   
  The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).
   
  How to Contact the Company
   
  If you have any questions about the Extension or this Agreement, please email us at support@TrendingUpNow.com.


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  End User License Agreement 

  BEFORE INSTALLING THE SEARCH VOYAGE NEW TAB BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY. BY INSTALLING THE EXTENSION OR USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT INSTALL THE EXTENSION OR USE THIS WEBSITE.

   

  The terms set forth in this Agreement are conditions upon which Search Voyage New Tab (the “Company,” “we,” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the Search Voyage New Tab browser extension and this website, together with any updates or upgrades that may become available (collectively, the “Extension”). The Extension is directed for use by adults. By installing the Extension, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Extension, and that you agree to comply with all applicable laws, rules and regulations. The Company is based in the United States. The Company makes no representations that the Extension is appropriate for use in any other locations. Users who access or use the Extension outside of the United States are responsible for compliance with local laws.

   

  The Extension’s Features

   

  When you open a new tab within your browser, the Extension will provide you with easy access to browser settings, as well as include a search box that may be used to search the internet. The Extension delivers these features to you by changing certain browser settings automatically upon install, such as your home page and new tab settings. By installing or using the Extension, you agree to the use of your data in accordance with the Company’s Privacy Policy, which is available at <a href="http://www.SearchVoyage.com/Privacy">http://www.SearchVoyage.com/Privacy</a>, and which is incorporated by reference into this Agreement. If you do not want the Extension to change your new tab and enhance your search box when you open a new tab, change your browser’s settings, or handle your data pursuant to this Agreement and the Privacy Policy, you should not install or use the Extension.

   

  Third Party Content and Advertising

   

  The Extension may integrate third party content (“Third Party Content”) in order to enhance your new tab with the ability to change browser settings and bring search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. Such Third Party Content also may include advertising, or advertising-supported search results, which will be displayed to you if you use the Extension’s search box or click on content from the search results. In consideration for the Company granting you access to and use of the Extension, you agree that the Extension may display this Third-Party Content to you.

   

  When you click on or access Search Voyage search results, submit search terms, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with the Company. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content. WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER. The Company does not control any Third Party Content, and you agree the Company is not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by installing or using the Extension you may be exposed to Third Party Content that you may find objectionable, offensive, or indecent and that, in this respect, you use the Extension at your own risk. If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.

   

  Disabling or Uninstalling the Extension

   

  You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. In the Google ChromeTM browser, you can disable or uninstall the Extension by visiting chrome://extensions/. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@SearchVoyage.com. Google ChromeTM is a trademark of Google, Inc.

   

  Automatic Updates

   

  All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.

   

  License and Restrictions

   

  Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Extension at all times. Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Extension or any portion thereof.

   

  You specifically agree not to do any of the following in connection with the Extension:

   

  Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations.

  Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies.

  Use the Extension for any commercial purpose or gain whatsoever.

  Modify the Extension.

  Create any works or materials derived from the Extension.

  Harass or harm another person.

  Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful.

  Impersonate or attempt to impersonate any person or entity.

  Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights.

  Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment.

  Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Extension or any Company or third party servers, networks or accounts.

  Circumvent or modify any technology or mechanism used in connection with the Extension, including any mechanisms used to restrict access.

   

   

  Copyright Information and the Digital Millennium Copyright Act

   

  The Company respects the intellectual property rights of third parties. While using the Extension, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the “DMCA”) are taken seriously and, at the Company’s discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.

   

  If you believe that any material displayed through the Extension infringes your copyright, please send the Company’s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@SearchVoyage.com.

   

  User-Generated Content

   

  You are responsible for all content or materials that you post, send, upload or transmit on or through the Extension (collectively, “User Content”). The Company does not control the User Content and assumes no responsibility or liability to you or any third party for User Content. The Company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content. If you become aware of any misuse of the Extension, please report this information immediately to the Company using the email address provided at the end of this Agreement. The Company reserves the right to investigate and pursue legal, equitable, and other remedies against anyone who violates this Agreement.

   

  By posting any User Content, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.

   

   

  Disclaimer of Warranties

   

  YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE EXTENSION.

   

  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EXTENSION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

   

  IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE EXTENSION OR ANY DATA ACCESSED VIA THE EXTENSION PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.

   

  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE EXTENSION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

   

  Limitation of Liability

   

  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, EXTENSION OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE EXTENSION, (D) LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE EXTENSION, (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE EXTENSION.

   

  EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.

   

  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

   

  Agreement to Pre-Dispute Notifications and Mediation

   

  This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim and the request for relief to the following email address: support@SearchVoyage.com. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

   

  Arbitration Agreement and Class Action Waiver

   

  Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Extension shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.

   

  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.

   

  If you decide to initiate arbitration, the provider will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $750 initial filing fee.

   

  This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

   

  The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.

   

  Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

   

  Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

   

  If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

   

  The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

   

  Opting Out of the Arbitration Clause and Class Action Waiver

   

  You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing the Extension, you must send a notice by email to support@SearchVoyage.com that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.

   

  Indemnification

   

  You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Extension; (ii) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Extension.

   

  Modification of the Agreement

   

  The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any modification, you must uninstall the Extension.

   

  Governing Law

   

  This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Extension, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.

   

  Miscellaneous

   

  The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).

   

  How to Contact the Company

   

  If you have any questions about the Extension or this Agreement, please email us at support@SearchVoyage.com.


